Law Commons^™

A New Jurisprudence Of Constitutional Duty: Moving Beyond Deshaney Through The Nmcra, Levi A. Monagle, Aaron E. Whiteley

New Mexico Law Review

The United States Supreme Court’s holding in the seminal case of DeShaney v. Winnebago County Department of Social Services has long foreclosed the viability of a wide array of failure-to-protect claims under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The linchpin of DeShaney is a “constitutional duty” analysis that is implicated only in select circumstances and serves as a threshold inquiry and a gatekeeping device. With the New Mexico Supreme Court’s articulation of a foreseeability-free duty analysis in Rodriguez v. Del Sol Shopping Center in 2014, and the Legislature’s passage of the New Mexico …

New Mexico True: Crafting A More Inclusive And Independent Method Of State Constitutional Interpretation For Claims Under The New Mexico Civil Rights Act, Arne R. Leonard

New Mexico Law Review

No abstract provided.

All Cases Great And Small: Fufilling The Nmcra's Promise Of Attorney Fees, Isaac M. Green, Seth E. Montgomery

New Mexico Law Review

Section 5 of the New Mexico Civil Rights Act (NMCRA) permits a court to award “reasonable” attorney fees to a “prevailing plaintiff.” In this way Section 5 parallels its federal analog, 42 U.S.C. § 1988, which similarly allows a “prevailing party” to recover “reasonable” attorney fees in federal civil rights suits. But despite this language in the federal statute, a string of U.S. Supreme Court decisions have circumscribed the availability of attorney fees in suits brought under § 1983. This restriction on attorney fees has led to what Professor Joanna Schwartz calls the biggest obstacle to civil rights litigation in …

The New Mexico Civil Rights Act: Look Before You Leap, The Honorable Linda M. Vanzi, Rheba Rutkowski

New Mexico Law Review

No abstract provided.

The Promise And Perils Of State Civil Rights Legislation, Matthew R. Segal

New Mexico Law Review

No abstract provided.

Constitutional Recalibration: Lessons From New Mexico, Joanna C. Schwartz

New Mexico Law Review

No abstract provided.

Introduction, Aaron Sharratt, Sophia Bunch

New Mexico Law Review

No abstract provided.

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Safeguarding The Pandemic Agreement From Disinformation, Alexandra Finch, Kevin A. Klock, Lawrence O. Gostin, Sam F. Halabi, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Complicating the negotiation of a global pandemic treaty has been a sustained disinformation campaign worldwide to undermine the agreement by making and amplifying spurious assertions about what it intends to accomplish and how it will do so. Central to the disinformation campaign are erroneous claims about national sovereignty and forcible takings of pandemic countermeasures. Further, legitimate and unfounded unease concern weakened intellectual property (IP) and speech rights. Having followed the negotiations and provided technical assistance to the World Health Organization's (WHO's) leadership, we set the record straight in several key areas.

The Rise Of The Sponsor-In-Possession And Implications For Sponsor (Mis)Behavior, Daniel B. Kamensky

University of Pennsylvania Law Review Online

Changes in the capital markets and developments in the law and judicial practice have shifted the balance of power in many distress situations from creditors to financial sponsors. Only recently has there been a recognition by a subset of academics that this reflects a new prism through which to view the bankruptcy process. These studies have been largely theoretical—focusing on how these developments have come about and their implications for stakeholders and bankruptcy outcomes. This Essay offers an insider’s perspective, in the form of case studies of the role that private equity played in the bankruptcies of Caesars Entertainment and …

Net Asset Value Financing And Private Equity, Colleen Baker

University of Pennsylvania Law Review Online

No abstract provided.

Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut

JCLC Online

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite …

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg

Chicago-Kent Journal of Intellectual Property

Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …

Iconic Copiestm, Felicia Caponigri

Chicago-Kent Journal of Intellectual Property

There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …

Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ndls Communicator: Week Of 05.20.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School alumnae Kari Lorentson ’19 J.D. and Elizabeth Totzke ’22 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett
• Stories of Notre Dame Law School's Class of 2024 Graduates
• Professor Jay Tidmarsh to deliver Notre Dame Law School 2024 Commencement Address
• Notre Dame Hispanic Law Students Association recognizes Justice Mary Yu with Graciela Olivárez Award and honors 3L graduates
• Celebrating excellence: Notre Dame BLSA honors community leaders, students, and alumni

Faculty Briefs

• Jay Tidmarsh's article he co-authored in 2008 for the Michigan Law Review was cited in Justice Alito's dissent in last …

Crj 6900 Policing, Oscar J. Montesdeoca

Open Educational Resources

No abstract provided.

Authorizing Violence: Spatial Techniques Of Citizenship Politics In Northeast India, Samarth Vachhrajani

Masters of Environmental Design Theses

Authorizing Violence: Spatial Techniques of Citizenship Politics in Northeast India studies the spatial and legal instruments through which Hindu Nationalism and its political front, the Bhartiya Janata Party (BJP), operates in Northeast India. I document the means through which authoritarian power has been introduced into a democratic structure of governance. Emphasizing the role of architecture and spatial knowledge, I attend to how the violence of disenfranchisement and dispossession is legitimized under the force of law.

For this, Chapter 1, entitled 'Legislating Containment,' turns to the legal instrument of citizenship and studies the Goalpara detention center and multi-purpose criminal …

Clark Memorandum: Spring 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Facing Fear with Faith
• The Great Law(s) of Peace
• Grace in the Law School

Taser Use In Law Enforcement: Examining Effectiveness, Medical Consequences, And Ideal Scenarios, Benjamin Smyers

Themis: Research Journal of Justice Studies and Forensic Science

The methods police officers use to detain resisting subjects have changed over time. One addition to their methods is the Thomas A. Swift Electric Rifle (TASER), which hinders subjects using electric shock. This paper examines the effectiveness of the TASER, the potential risk of injury for suspects, and scenarios where its use is most likely to succeed. Since its adoption, the TASER has reduced the likelihood of injury to officers and suspects and is more effective against heavy-set and intoxicated individuals. Although extremely unlikely to result in death, injuries are more likely when used against mentally disturbed people and in …

Police Dogs: A Useful Tool Or Expensive Legal Nightmare, Madeline Hoyt

Themis: Research Journal of Justice Studies and Forensic Science

This article critically evaluates the arguments for and against the continuing use of police dogs. Arguments against the continuing usage of police dogs include the high level of variability in success rates due to different traits of the dogs, differing training styles, and the various types of drugs that the dogs are trained to detect. Arguments against the continuance of police dogs also include the legal issues related to the use of police dogs; health implications, job-related injuries incurred by the dogs, and the expenses related to the purchasing, training, and care of the working dogs. The arguments in favor …

Turning Points: An Evaluation Of Formal And Informal Interventions In The Life Of Ex-Offenders, Kapil Sharma

Themis: Research Journal of Justice Studies and Forensic Science

In life course criminology, turning points and how they relate to the desistance process have received considerable attention. Scholars have proposed that significant events in people's lives, such as employment, marriage, and parenthood, strengthen their social ties and cause them to refrain from committing crimes. This study uses data from the Record Clearance Project of San Jose State University to identify concrete, significant "turning points" in the lives of ex-offenders. Therefore, this study aimed to investigate specific "turning points" events in offenders' life courses that compelled them to stop anti-social behavior and develop a pro-social identity, as well as the …

Convergence And Divergence: Comparative Analysis Of Procedural Rule Changes Of The Hong Kong And Singapore International Arbitration Centers Within The Framework Of Neo-Institutional Theory, Phillip Hoang Tran

Dissertations

International commercial arbitration (ICA) plays an essential role in resolving disputes between companies engaged in complex, cross-border business transactions. It offers an efficient, neutral, and enforceable mechanism for resolving disputes across different legal and cultural backgrounds. ICA is generally conducted at international arbitration centers located throughout the world. According to the extant literature, there is convergence of procedural rules among these centers. Sabharwal and Zaman (2014), for example, claim increasing convergence of procedural rules among all the major arbitration centers. Similarly, Sharma (2021) proposes that this convergence helps build the international arbitration system. However, there is a near absence of …

Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu

Themis: Research Journal of Justice Studies and Forensic Science

This paper delves into the complex concept of human rights, examining its historical evolution and contemporary significance through the perspectives of Lynn Hunt's "Inventing Human Rights," Michelline R. Ishay's "The History of Human Rights," and Samuel Moyn's "The Last Utopia." Hunt's work explores the 18th-century Enlightenment, highlighting the political foundations of natural, equal, and universal rights. Ishay provides a comprehensive account spanning ancient civilizations to modern globalization, emphasizing the dynamic nature of human rights struggles. Moyn challenges conventional views, asserting the mid-20th century emergence of contemporary human rights amidst the Cold War and failed utopian visions. While each historian offers …

Deconstructing Drugs: Addressing The Stigma, Harm Reduction, And Policy Solutions, Charlotte Theriault

Themis: Research Journal of Justice Studies and Forensic Science

Black and homeless people who struggle with substance use disorder (SUD), especially opioid use disorder (OUD), have experienced unique obstacles due to inequalities relating to their social determinants of health (SDOH). Historical context and peer-reviewed research were used to evaluate racial bias and expand upon the factors that contributed to the opioid crisis, the effects of COVID-19 on drug overdoses, and the presence of fentanyl in illicit drug supplies. Various studies combat the stigma surrounding substance use disorder (SUD) by acknowledging the disease as a chronic health condition. Research showed that the most effective way to combat these inequalities and …

2024 Lsu Law Commencement Program, Lsu Law

Commencement Programs

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.