Digital Commons Network^™

The Unremarked: A Cultural Analysis On Access To Applied Behavior Analysis Therapy For Autism By Ethnic-Minority And Immigrant Children, Yamel C. Herrera

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

Nurse Practitioner Autonomy: How The Rejection Of Sb 1700 Restricts Access To Necessary Healthcare In Rural South Texas, Cara Hudson

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

Is The Us Exit Tax Constitutional?, Reuven S. Avi-Yonah

Law & Economics Working Papers

The recent US Supreme Court decision in Moore vs. United States raised the possibility that the Court would declare that realization is required for a tax provision to be constitutional. The US exit tax on expatriations is the most likely vehicle for a post-Moore constitutional challenge to taxation without realization because (a) it involves individual taxpayers; (b) it does not involve attribution, because the tax is imposed directly on the expatriating taxpayer, and (c) it involves precisely the kind of tax that was the direct target of the Moore litigation, namely a mark to market tax on rich taxpayers (the …

Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

Come And Take It: Prosecutorial Discretion Impositions On Black Communities Regarding Unlawful Carrying Of A Weapon Charges, Karagan Carson

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

La Jurisdicción De La Corte Interamericana Para Revisar Judicialmente La Invalidez De La Denuncia A La Convención Americana Sobre Derechos Humanos Efectuada Por Venezuela En 2012 Bajo Los Estándares De La Convención De Viena Y La Opinión Consultiva Oc-26/20, Claudio Grossman, Carlos Ayala Corao, Juan Mendez, Claudia Martin, Robert Goldman, Gabriel J. Ortiz Crespo

Amicus Briefs & Court Filings

No abstract provided.

Vol. 68, No. 06 (February 17, 2025)

Indiana Law Annotated

No abstract provided.

Appeal, Arbitrate, Appraise: A Forthcoming Rallying-Cry For The Victims Of The California Wildfires, Thomas Riley

Cardozo Journal of Conflict Resolution (CJCR) Blog

Seven days into the 2025 new year, the most expensive natural disaster in United States history broke out. 29 people were killed, and at least 16,000 structures were destroyed. Damages estimations have been varied. One analyst firm reasoned the fires could cost as much as $35 billion[3], another thought $45 billion, and the University of Southern California thinks $75 billion. Among the hardest hit neighborhoods was Altadena, California. Northwest Altadena stood as one of the few areas black families could purchase homes in Southern California, as “81% of Black households in Altadena own homes, compared with 32% across Los Angeles …

On Constitutional Crises, Donald Roth

Faculty Work Comprehensive List

"Our government becomes stronger for the challenges that it overcomes, as the interplay of the branches gets better defined."

Posting about ­­­­­­­­the nature of American government from In All Things, an online hub that offers insight into maintaining and faithful and orthodox Reformed Christian worldview while fearlessly engaging in every aspect of contemporary life – until all is made new.

On Constitutional Crises

Ndls Communicator: Week Of 02.17.25, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law Global Human Rights Clinic advocates for human rights before United States International Trade Commission
• ND Law's Black Students Association celebrates Black History Month and the pursuit of justice
• Professor Jorge Barrera-Rojas defends dissertation to earn two doctoral degrees
• Notre Dame Law School's Religious Liberty Clinic secures asylum for Iranian Christian convert facing persecution

Faculty News and Briefs

• Paul Miller was cited in an important dissenting opinion by Justices Gordon, Edelman, and Steward of the High Court of Australia for his work on fiduciary obligations.
• This week, A.J. Bellia will speak on the legal implications of …

Should Country-By-Country Reporting Be Public?, Reuven S. Avi-Yonah

Articles

Under action 13 of the base erosion and profit shifting project, large multinational enterprises are obligated to file country-by-country reports with tax authorities. As of April 2024, over 80 countries have adopted a multilateral agreement on exchanging CbC reports. The United States has not adopted the multilateral agreement, but regulations require U.S.-based MNEs to file these reports with the IRS, which can then exchange them with other countries under tax treaties.

Mmu: 02/17/25–02/23/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

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How To Stop Employees From Stealing Your Trade Secrets: Shifting The Focus To Prevention And Mitigation, Spencer Rabe

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Strengthening Legal Frameworks And Patient Safety: A Narrative Review Of Medical And Dental Malpractice In Indonesia, Ghulam Mustafa, Ede Surya Darmawan

Jurnal ARSI : Administrasi Rumah Sakit Indonesia

Many cases of medical and dental malpractice in Indonesia are still related to patient safety and healthcare quality. This narrative review aims to identify solutions that can be implemented. The main focus is to compare the incidence of malpractice in clinical medical and dental practice, emphasizing legal implications, coverage, and internal organizational issues. A systematic literature search was conducted through databases such as Pubmed, ScienceDirect, Google Scholar, Springer, Garuda, and other online databases. Articles published no later than 2024. Eleven studies were selected that discussed the problem of malpractice in Indonesia. Independent screening and critical appraisal were carried out to …

Trespass To Chattel And The Fourth Amendment, Will Baskin

Texas A&M Journal of Property Law

Like an adolescent maturing into adulthood, Fourth Amendment search doctrine has gone through phases. Scholars may debate the underlying principles that have governed each phase, but they agree that two Supreme Court decisions dominate the doctrine as it stands today: Katz v. United States and United States v. Jones. The younger of these two rivals, Jones, has caused its share of consternation. Courts have struggled to consistently apply its trespass-based test, despite the test’s seemingly simple formulation. This Note considers the Jones test in the context of personal property, or chattel, making two arguments: first, careful adherence to common-law principles …

World Wide Whac-A-Mole: The Inadequacies Of The Dmca To Protect Copyright Holders Online And Why Artificial Intelligence Is The Solution, Nathania Davis-Fox

Texas A&M Journal of Property Law

Congress created the Digital Millennium Copyright Act (DMCA) at the dawn of the internet age 25 years ago. It addressed the needs and concerns of Online Service Providers (OSPs) in the nascent cyber landscape, but the DMCA must now be reformed to meet the needs of Web 2.0. The DMCA’s refusal to condition §512(c) safe harbor protection on OSPs’ platform monitoring is no longer practical. This now produces results contrary to the Copyright Act’s purpose of encouraging the creation and dissemination of new works. Copyright owners are fighting a losing battle against infringing OSP users and the DMCA’s notice-and-takedown procedures …

Rising Tides And Shifting Sands: Inadequacies In American Climate Responses And An Urgent Call For A Federal Climate Adaptation Policy, Armand J. Avila

Texas A&M Journal of Property Law

Climate change is an increasingly prevalent issue in policy discussions across the United States. Its effects can be observed and measured across ecosystems, industries, and legal jurisdictions, and it is felt in the homes of the people who live and work at the forefront of its impacts. Yet, the federal government’s current policies incentivize states, localities, and private citizens to make poor climate decisions and to put themselves at risk, leading to population growth and property development in some of the most at-risk areas of the country. At the same time, the federal government operates on an outdated disaster response …

The Impact Of Artificial Intelligence On Lending: A New Form Of Redlining?, Sadie Cavazos

Texas A&M Journal of Property Law

The issue of biased lending is longstanding and has faced much legislation over the past few decades. When issues of discrimination in the housing market became center stage in the 1960s, Congress passed multiple acts to combat what became known as “redlining,” or systematically denying credit to minority groups of people. Acts such as the Fair Housing Act and the Equal Credit Opportunity Act worked to eliminate this discrimination, but that does not mean bias does not still exist. However, lending companies, due to the efforts of the above-enumerated acts, can no longer act on these biases. But with the …

Flowing Justice: Quantifying Water Rights In The Wake Of Arizona V. Navajo Nation—Navigating The Legal Oasis For Native American Water Sovereignty, Sydney Shearouse

Texas A&M Journal of Property Law

Climate change has spurred a meteoric rise in environmental disputes particularly in arid climates where water shortages have become increasingly commonplace. Water rights controversies rise to the fore of public discourse as awareness and acceptance of climate change—and its impact on scarce resources—have become a near universal norm. These water shortages impact everyone. However, Native American tribes are uniquely impacted as their water rights are not clearly defined in the treaties that established the various reservations. The Supreme Court decided in Winters v. United States (1908) that there is a fiduciary duty owed to Native American tribes by the federal …

A Constructive Trust Is Not Enough - Enacting A Slayer Statute To Better Protect A Decedent’S Heirs, Joseph William Padjune Iii

Texas A&M Journal of Property Law

This Comment explores how Texas’s common law constructive trust solution used to address the “slayer problem” (the problem that occurs when a person kills an individual they would inherit from) has some substantial limitations and explains how this system would be enhanced by enacting a complementary slayer statute. The current constructive trust doctrine fails to adequately protect a victim’s heirs, is too variable in its application, and creates too much uncertainty. By adopting the slayer statute proposed in this Comment, or one similar, the Texas Legislature can better protect a victim’s estate and their heirs. The overall aim of this …

Transformative Artists: Rebalancing The Fair Use Doctrine, Roberto C. Candelas

Texas A&M Journal of Property Law

Copyright law is intended to increase public access to creative works, and in service of this goal it grants exclusive rights to copyright holders to provide them with the economic incentive to create new works. However, the reality is that creative works are often not only influenced by their predecessors, but often are accretions of previous concepts, stylistic approaches, and ideas that add a creator’s imprimatur and thus create a new work that is tethered to its derivatives in ways that range from tenuous to seemingly duplicative. It is within this zone of ambiguous connection that the doctrine of fair …

The Dog Dies At The Beginning Of This Paper: Issuing Victims Protective Orders As A Result Of An Abuser’S Intentional Destruction Of Property, Brighton Frost

Texas A&M Journal of Property Law

Domestic violence is a prevailing issue in the United States for both men and women, growing exponentially during COVID-19. In the law, there are two approaches to remedy this issue. The first being a criminal conviction of the abuser, which requires witness testimony and is held to a higher burden of proof than the other. The other approach is for the victim to obtain a protective order against the abuser. However, in many states, protective orders are only available to victims once the abuser physically attacks them, despite there being reliable signs of abuse before physical violence occurs. Thus, this …

Exploring Generative Artificial Intelligence (Ai) Applications In Fashion: Ethical Concerns In Human-Like Technology, Melissa Kathryn Gonzalez

Faculty Scholarship and Creative Works

No abstract provided.

Cardozo Law News Brief: February 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 14, 2025 Cardozo Law News Brief include:

• Associate Judge Caitlin J. Halligan was announced as the keynote speaker for Cardozo’s 47th Commencement.

• Professor Jessica Roth appeared on CBS Mornings, The Washington Post, and PBS NewsHour discussing the Luigi Mangione case and corruption charges involving Mayor Eric Adams.

• Professor Lindsay Nash spoke to City Limits about the impact of the Laken Riley Act on immigrant communities.

• Faculty updates include:

  • Ellen Drucker-Albert edited the latest issue of Association of Jewish Libraries’ News and Reviews.

  • Professor Andrea Schneider co-authored International Conflict Resolution Processes with Carrie Menkel-Meadow.

Cardozo's Entertainment Law Week Showcases Creative Executives And Entertainment Attorneys, Cardozo Entertainment Law Society, Cardozo Fame Center

Cardozo Law News Archive

Cardozo’s annual Entertainment Law Week, hosted by the Entertainment Law Society and FAME Center, featured panels and discussions with industry leaders on topics ranging from music and video games to docudramas and diversity in entertainment law.

Arnold J. Schmit Appellant V. Joshua Schmith Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Honorable Teresa L. Welch, District Court No. 210906538

Ben W. Lieberman, Attorneys for Appellee Joshua Schmith

Rich Willie, David H. Culmer, Attorneys for Appellant Arnold J. Schmit

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review Online

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

How Different Are The Trump Judges?, Stephen J. Choi, Mitu Gulati

Vanderbilt Law Review En Banc

Donald J. Trump’s first presidency broke the mold in many ways, including how to think about judicial appointments. Unlike other recent presidents, President Trump was open about how “his” judges could be depended on to rule in particular ways on key issues (e.g., guns, religion, and abortion) he was courting voters on. Other factors, such as age and personal loyalty to Trump, seemed important criteria as well. With selection criteria such as these, one might expect that Trump would select from a smaller pool of candidates than other presidents. Given the smaller pool and deviation from traditional norms of picking …

Uptier Debt Exchange Transactions: A Winner-Take-All Battle In The Leveraged Loan Market, Angela Chang

Brooklyn Law Review

This Note explores the legal implications of uptier debt exchange transactions (UDETs) in the syndicated loan market. These transactions are restructuring strategies that allow distressed companies to exchange existing debt for “superpriority” debt, often to the detriment of excluded creditors. The Bankruptcy Code aims to balance debtor relief with creditor rights, but, as this Note demonstrates, UDETs exploit ambiguities in credit agreements to shift priorities in favor of certain lenders. This Note examines the pivotal case of In re Serta Simmons Bedding, LLC, a decision which highlighted the need for creditors to reassess whether the flexibility of their credit agreements …

Unveiling Injustice: An Analysis Of Irc Section 7430 And The Quest For Fairness In Taxpayer Administrative And Judicial Proceedings With The Irs, Kevin T. White, Tammy W. Cowart, Roger Lirely

Brooklyn Law Review

The American rule and doctrine of sovereign immunity are serious barriers affecting access to justice for individuals and small businesses. In this Article, we explore the legislative history of and evolution of the amendments to section 7430 of the Internal Revenue Code, which allows prevailing taxpayers in tax proceedings who meet certain substantive and procedural requirements to recover their attorneys’ fees and costs. We also examine in depth the requirements under section 7430 for recovering administrative and litigation costs, looking at select judicial decisions at how these requirements have been applied, including decisions applying the statutory limitations on attorneys’ fees …