Digital Commons Network^™

Rules Vs. Standards In Private Ordering, Tomer S. Stein

Buffalo Law Review

The tradeoff between bright-line rules and general standards is one of the bedrocks of law design. This tradeoff determines how legal norms are composed. The tradeoff between rules and standards pervasively affects private ordering as well: it determines how contractual norms are composed. Yet, scholars exploring the rule vs. standard dichotomy have either entirely overlooked the tradeoff taking place in private orderings or equated it with the public tradeoff that dominates lawmaking.

This Article is the first to systematically examine the rule vs. standard tradeoff in private orderings. The Article carries out this task by identifying and analyzing the fundamental …

Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

An Access And Equity Ranking Of Public Law Schools, Christopher L. Mathis

Grantee Research

Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report’s Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll in law school. These ranking systems have defined what is measured as “quality” and what outcomes law schools focus on to gain a better position in the ranking. These rankings fail to measure what many law schools claim to be one of their longstanding goals—diversity, access, and equity.

One of the problematic and shocking reasons U.S. News cites for not including diversity measures in the …

"Keep To The Code”: A Global Code Of Conduct For Third-Party Funders, Victoria Sahani

Faculty Scholarship

Global commercial third-party funding has given rise to wide-ranging regulatory approaches worldwide. Consequently, funders can engage in cross-border regulatory arbitrage by exploiting regulatory gaps within and among nations. This Article argues that the global community of nations should articulate a universal approach to the behavioral expectations of third-party funders operating transnationally, independent of local laws regarding the technical business of funding. It asserts that the key to fostering the ethical development of the third-party funding industry is to develop a globally applicable but locally enforced code of conduct or professional responsibility for the industry. Moreover, a successful regime for funder …

The Implications Of New York’S Gender Expression Non-Discrimination Act For Transgender Housing In Prisons, Rebecca Barrett

Cardozo Law Review

No abstract provided.

Protecting Subsistence Lands While Boosting The Bottom Line: The Enhanced Federal Tax Incentive Available To Alaska Native Corporations For Donations Of Conservation Easements, Timothy Troll, Konrad Liegel

Alaska Law Review

Alaska Native corporations face a dilemma. They own land of immense and significant cultural and ecological value. Their lands are critical for maintaining the Alaska Natives' subsistence needs. But they are also corporations established under the law to maximize the economic value of their land holdings to provide financial dividends to their Native shareholders. This paper explores the enhanced federal tax incentive for donations of perpetual conservation easements that became available in 2015 to Alaska Native corporations. The tax incentive offers Alaska Native corporations a way to protect the aboriginal lands conveyed to them under the Alaska Native Claims Settlement …

The Prison Mailbox Rule: Can Represented Incarcerated Litigants Benefit?, Nico Corti

Fordham Law Review

In 1988, the U.S. Supreme Court created the “Prison Mailbox Rule,” which assesses the timeliness of incarcerated litigants’ filings based on the day they hand them to prison authorities. The rule reduces the structural barriers to filing while imprisoned. Although Houston v. Lack highlighted the unique challenges that pro se incarcerated litigants face, the Prison Mailbox Rule’s subsequent federal codifications did not limit its benefits to pro se litigants, despite purportedly “reflecting” the Houston decision. Federal circuit courts of appeal today are split on whether represented people in prison can benefit from the Prison Mailbox Rule, leaving both litigants and …

Dentistry And The Law: Employee Vs. Independent Contractor, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column discusses hiring a dentist as an employee or an independent contractor. Employing a dentist as an independent contractor offers advantages such as avoiding compliance with various employment laws and not having to withhold taxes. However, there is uncertainty regarding whether tax and other authorities will recognize the independent contractor relationship. Factors like supervision and control play a significant role in this determination. To mitigate uncertainty, practices can contract with an entity owned by the dentist, providing a potential solution. Legal counsel is recommended for setting up such arrangements.

Campos Seguros In Santa Cruz County, Patricia Barajas Villasenor

Capstone Projects and Master's Theses

Monarch Services is a non-profit organization within Santa Cruz county. The agency provides services for domestic violence, sexual assault, and human trafficking. Campos Seguros focuses on providing resources and advocacy to vulnerable populations, specifically Campesinos (farmworkers). Violence and abuse perpetrated against farm workers is an issue that demands more public attention and advocacy. Campesinos are highly vulnerable because of different contributing factors, these include immigration status, work uncertainty, and language barriers. Consequences include trauma, lack of reporting, and vulnerability to labor trafficking. Sexual abuse is highly prevalent within the agricultural realm; many employers can take advantage of Campesino’s vulnerable position. …

Shaping New Interregionalism: The Eu-Singapore Free Trade Agreement And Beyond, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article examines the theoretical concept of interregionalism in the context of the evolving framework between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). As the EU's first free trade agreement (FTA) with an ASEAN country, the EU-Singapore FTA is a pathfinder agreement that signifies a new phase of interregionalism and the EU's new Asia strategy after the Treaty of Lisbon. The article argues that the innovative designs of the EU-Singapore FTA will shape the normative development of EU-ASEAN relations in the post-pandemic era. It also cautions that a comparative analysis of EU and US agreements …

Do Prison Conditions Change How Much Punishment A Sentence Carries Out? Lessons From Federal Sentence Reduction Rulings During The Covid-19 Pandemic, Skylar Albertson

Northwestern Journal of Law & Social Policy

A set of motions filed during the COVID-19 pandemic challenged federal judges to consider whether they should always view the duration of imprisonment—as contrasted with prison conditions—as the sole determinant of how much punishment a sentence carries out. Under 18 U.S.C § 3582(c)(1)(A)(i), federal judges may “reduce” already imposed terms of imprisonment upon finding that “extraordinary and compelling reasons” warrant reductions. Prior to 2019, the Bureau of Prisons (BOP) effectively controlled the scope of a catch-all subcategory of “Other Reasons” justifying sentence reductions. The BOP used this authority almost exclusively for people who were in the final stages of terminal …

The Fracas At The Fdic, Todd Phillips

Duke Law Journal Online

In December 2021, the Democratic members of the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) attempted to use their majority to issue a request for information but were blocked by the Republican Chair. Although the Democrats outnumbered the Chair three-to-one, the agency's General Counsel declared the move invalid, and the request went unpublished. After weeks of hostility, the Chair resigned, effectively conceding her inability to lead the agency. Although governance at the FDIC is now settled, concern over the Democratic directors' actions and the Chair's resignation have reverberated beyond that singular agency. Republicans are concerned that the …

Brief Amicus Curiae Of The Bruderhof, Clear, The Jewish Coalition For Religious Liberty, And The Sikh Coalition In Support Of Appellant, Stephanie Hall Barclay, Francesca Matozzo

Court Briefs

No. 22-30686
Damon Landor v. Louisiana Department of Corrections and Public Safety

Appeal from the United States District Court for the Middle District of Louisiana, No. 3:21-cv-733 The Honorable Shelly D. Dick, Chief Judge

From the Summary of the Argument

The Fifth Circuit should re-examine its precedent to allow for monetary damages for individual-capacity suits under the Religious Land Use and Institutionalized Persons Act (RLUIPA) for three reasons. First, RLUIPA’s text follows the same approach as 42 U.S.C. § 1983 and should be interpreted to afford the same types of broad remedies. Before Employment Division of Oregon v. Smith, …

Transformative Immigration Lawyering, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Movement actors have long sought expansive reforms in U.S. immigration law, but two deep-seated tendencies are obstructing those efforts: incrementalism and path dependence. This Essay recommends that law clinics counter these forces by setting ambitious goals for structural change and by equipping students with knowledge and skills needed for transformative lawyering.

Safeguarding America’S “Unnatural” Guardians: How Georgia’S Legal Guardianship Statute Excludes “Atypical,” Matriarchal Familial Structures Rooted In Black Culture, Destiny B. Barnett

Georgia Law Review

The stereotypical American family is often seen as one man, one woman, and their child. However, this notion of the traditional family is changing. For centuries, familial matriarchs have assumed roles typically reserved for a child’s biological parents. Specifically, African American grandmothers, aunts, and other female figures have served as kinship caregivers for countless generations of children dating back to before the period of American slavery. These forgotten matriarchs, who often serve as the foundation of African American family units, have been historically abandoned by our universalist legal system that idolizes the nuclear concept of family and favors the retention …

Brief Of Amici Curiae On Behalf Of Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller

Amicus Briefs

Amici curiae are professors who research, write, and teach about disability law, special education, civil rights, and administrative law. They are interested in the proper application of the statutes that protect disabled students’ rights and in the scope of exhaustion doctrine. Amici also have an interest in preserving the ability of parties to voluntarily settle disputes, particularly in the context of the legislative schemes here, which encourage cooperation between parties.

Integrating Doctrine And Diversity Speaker Series: Teaching Diversity Skills In Bar Tested Classes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Marianist Law Schools: Demonstrating The Courage To Be Catholic, David A. Grenardo

Journal of Catholic Legal Studies

(Excerpt)

Only two Marianist law schools exist in the United States. Both University of Dayton School of Law (UDSL) and St. Mary’s University School of Law (St. Mary’s Law School) proudly embrace their Catholic and Marianist traditions in promoting their schools. For instance, St. Mary’s Law School, the only Catholic law school in Texas, openly advertises its commitment to welcome and serve “students of all faiths and uphold the Marianist tradition of hospitality, openness and the family spirit.” Similarly, UDSL’s online published materials state unequivocally: “In the Catholic, Marianist spirit, many of our students participate in pro bono activities and …

Johnson V. Guzman Chavez 141 S. Ct. 2271 (2021), Klaudia Cambridge

Ohio Northern University Law Review

No abstract provided.

Elmore Entrepreneurship Law Clinic Connects To Iu Ventures, Strengthens Reach In Venture Capital, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law’s Elmore Entrepreneurship Law Clinic has strengthened its connection with a university affiliate designed to help students, faculty, staff, and alumni advance startups and new companies.

Professor Mark E. Need, director of the Elmore Entrepreneurship Law Clinic, has been appointed a Venture Legal Analyst-in-Residence with IU Ventures. Through the Executive in Residence Program, which IU Ventures launched last year, experts in a variety of startup areas help accelerate the development of new ventures by sharing insights and real-world experience with the founders and leaders of companies in the IU Ventures portfolio. They …

Vol. 63, No. 12 (November 14, 2022)

Indiana Law Annotated

No abstract provided.

The Case Against Summary Eviction Proceedings: Process As Racism And Oppression, Andrew Scherer

Seton Hall Law Review

No abstract provided.

The Ties That Bind: The Relationship Between Law Firm Growth And Law Firm Survival, Alan James Kluegel

Seton Hall Law Review

No abstract provided.

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Manual On International Humanitarian Law For The Armed Forces Of The Russian Federation (2002)

International Law Studies

A translation of the Manual on International Humanitarian Law for the Armed Forces of the Russian Federation, 2002, by Aleksei Romanovski. This translation was originally published as Appendix 1 in Evan J. Wallach, The Law of War in the 21st Century (2017).

Ndls Communicator: Week Of 11.07.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law Review hosts symposium on Unconstitutional Conditions and Religious Liberty
• Sadie Blanchard's paper, “Nominal Damages As Vindication,” was reviewed in Jotwell.
• Avishalom Tor's article, "Digital Nudging: Potential and Pitfalls," was published in the October 2022 issue of the CPI TechREG Chronicle.
• Jay Tidmarsh was quoted in the Billboard article, "One Year Later, The Massive Litigation Over Astroworld Is Just Getting Started."
• Nicole Garnett and Fr. Pat Reidy wrote “Religious Covenants” which explores the phenomenon of religiously motivated deed restrictions.
• Sherif Girgis was a panelist in a talk about free speech held at the US National …

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Note: Structured Psychometrics In Biglaw Talent Acquisition: Ai-Driven Quantitative Fit, Joseph J. Kim

Notre Dame Journal on Emerging Technologies

This Note combines a number of perspectives and disciplines to proffer a unique suggestion toward recognizing better talent and acquiring a new intraindustry competitive edge.

Advocate, Fall 2022, Office Of Development And Alumni Affairs, University Of San Diego School Of Law

Advocate

No abstract provided.

International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel

West Virginia Law Review

No abstract provided.