Law Commons^™

Mistick Speaks: A Collection Of Tribune Review Columns, 2019-2023, Joseph Sabino Mistick

Law Faculty Publications

No abstract provided.

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …

Legislating Courts, Michael C. Pollack

Articles

No abstract provided.

Vol. 65, No. 11 (April 1, 2024)

Indiana Law Annotated

No abstract provided.

Ndls Communicator: Week Of 04.01.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Indiana Attorney General recognizes Notre Dame Law Center for assisting homeowner in 'tax rescue' scheme litigation
• LAMB EBEAL Conference 2024
• Lloyd Mayer was quoted in a Tax Notes federal article, "Group Lays Groundwork to Test Tax Code Political Donation Limits."
• Mary Ellen O'Connell will speak at the University of Manchester's Humanitarian and Conflict and Response Institute on April 11 on "Attempting to Kill: the Law of Peace Public Talk."
• Randy Kozel has published a new article, "Going En Banc," forthcoming in the Florida Law Review.
• Roger Alford was quoted in a Bloomberg Law article about the DOJ's …

Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn

Student Scholarship

A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.

Revolutionizing Access To Justice: The Role Of Ai-Powered Chatbots And Retrieval-Augmented Generation In Legal Self-Help, Ayyoub Ajmi

Faculty Works

Advancements in artificial intelligence (AI) present numerous opportunities to routinize and make the law more accessible to self-represented litigants, notably through AI chatbots employing natural language processing for conversational interactions. These chatbots exhibit legal reasoning abilities without explicit training on legal-specific datasets. However, they face challenges processing less common and more specific knowledge from their training data. Additionally, once trained, their static status makes them susceptible to knowledge obsolescence over time. This article explores the application of retrieval-augmented generation (RAG) to enhance chatbot accuracy, drawing insights from a real-world implementation developed for a court system to support self-help litigants.

The Real Wrongs Of Icwa, James G. Dwyer

Faculty Publications

Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …

An Approach To Monitoring And Assessing Online/Hybrid J.D. Programs, Rti International

Commissioned Research

The expansion of distance learning among American Bar Association (ABA)-approved J.D. programs has the potential to increase access to a legal education, especially for students who have traditionally faced barriers to J.D. attainment because of employment, family duties, geographical location, and other circumstances. Compared to attending class in person, distance learning provides greater flexibility and increased convenience and may also result in cost savings since students do not have to relocate or forgo earnings to enroll full-time.

Before the COVID-19 pandemic, only a few law schools offered ABA-approved hybrid J.D. programs, but the pandemic temporarily forced all law schools online …

Real Practice Systems Annotated Bibliography, John Lande

Faculty Publications

Real Practice Systems (RPS) theory holds that practitioners’ practice systems are based on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their work. RPS analysis can be used in many dispute resolution roles such as mediator, advocate in mediation, negotiator, and litigator generally. In mediation, practitioners develop categories of cases, parties, and behavior patterns that lead them to design routine procedures and strategies for dealing with recurring challenges before, during, and after mediation sessions.

RPS theory is the culmination of much of the work in my scholarly career. The bibliography …

I’M Not Lovin’ It: Re-Thinking Fast Food Advertising, Brody Shea, Michael S. Sinha

All Faculty Scholarship

In 1971, the Federal Trade Commission (“FTC”) and the Food and Drug Administration (“FDA”) agreed to prevent injury and deception to the consumer in advertising, detailing their respective roles in a Memorandum of Understanding (“MOU”).¹ The MOU proscribes that the FTC regulates truth in advertising relating to foods, drugs, devices and cosmetics while the FDA controls labeling and the misbranding of foods, drugs, devices, and cosmetics shipped in interstate commerce.² The MOU has been amended and an addendum added since 1971, but the material provisions have remained consistent for over a half-century.³

Importantly, the FDA and the …

Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha

All Faculty Scholarship

In August 2023, the U.S. Supreme Court temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power.

Of course, bankruptcy courts often limit liability against a distressed …

Mmu: 04/01/24–04/07/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb

Sabin Center for Climate Change Law

With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …

Rebutting 33 False Claims About Solar, Wind, And Electric Vehicles, Matthew Eisenson, Jacob Elkin, Andy Fitch, Matthew Ard, Kaya Sittinger, Samuel Lavine

Sabin Center for Climate Change Law

Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 33 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language …

Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Tort Liability For Physical Harm To Police Arising From Protest: Common-Law Principles For A Politicized World, Ellen M. Bublick, Jane R. Bambauer

UF Law Faculty Publications

When police officers bring tort suits for physical harms suffered during protest, courts must navigate two critically important sets of values—on the one hand, protesters’ rights to free speech and assembly, and on the other, the value of officers’ lives, health, and rights of redress. This year courts, including the United States Supreme Court, must decide who, if anyone, can be held accountable for severe physical harms suffered by police called upon to respond to protest. Two highly visible cases well illustrate the trend. In one, United States Capitol Police officers were injured on January 6, 2021, during organized attempts …

Bibliography For "Keeping The Rhythm Of Creativity: Celebrating The Performing Arts And Intellectual Property", Isabella Piechota, Arianna Tillman, Kalea Brown, Katherine Roth

Library Displays and Bibliographies

A bibliography created to support a display about the performing arts and intellectual property at the Leatherby Libraries during April 2024 at the Leatherby Libraries at Chapman University.

The "Bounds" Of Moore: Pluralism And State Judicial Review, Leah M. Litman, Katherine Shaw

Articles

In Moore v. Harper, the Supreme Court rejected a maximalist version of the “independent state legislature theory” (ISLT), invoking state judicial practices both before and after the Constitution was ratified. This piece uses Moore’s method to examine another variation on the ISLT, one pushed most recently by Justice Brett Kavanaugh and before him by Chief Justice William Rehnquist. The Rehnquist-Kavanaugh version of the ISLT would empower federal courts to review state officers’ interpretation of state laws regarding federal elections. But the logic of Moore is fatal to that potential version of the ISLT. The Rehnquist-Kavanaugh version of the ISLT contemplates …

Cardozo Law News Brief: March 29, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Stewart Sterk
• Luis Calderon Gomez
• Emmanuel Arnaud
• Young Ran (Christine) Kim

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: A Conversation with Mark Weber

Brief For Amici Curiae Legal Scholars Supporting Respondent, Nicole Huberfeld, Timothy S. Jost, Linda C. Mcclain, Wendy E. Parmet, Erwin Chemerinsky, Elizabeth Mccuskey, Danielle Pelfrey Duryea, Gabriel Scheffler, George J. Annas

Faculty Scholarship

QUESTION PRESENTED: Whether the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, preempts Idaho law in the narrow but important circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman’s health but the State prohibits an emergency-room physician from providing that care.

Dean's Desk: Shining A Light On The Accomplishments Of Iu Maurer's Faculty, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

As dean of the Indiana University Maurer School of Law, I have the privilege of seeing howour community makes a positive impact on local, state, national, and international affairsevery day.

Our students—deeply involved in their studies—still find time to donate thousands of hoursof pro bono service every single year. Our alumni, 12,000-plus strong, bring pride to ourschool and the legal profession every day. And our faculty, tasked with shaping the attorneysof tomorrow, devote extensive time inside and outside the classroom, ensuring our legacy ofproducing ethical, practice-ready lawyers by the time they graduate.

But our faculty do more than that. I …

Vol. 65, No. 10 (March 25, 2024)

Indiana Law Annotated

No abstract provided.

Mmu: 03/25/24–03/31/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 03.25.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Spring break takes ND Law students on educational journeys
• Championing religious freedom: Notre Dame Law School delegation explores Islamophobia and antisemitism in France
• Professor Carter Snead Testifies Before U.S. Senate Judiciary Committee
• MOU signings in Paris and Lucerne
• Oak Flat under threat: Professor Stephanie Barclay leads discussion on urgency of protecting Indigenous sacred site
• The DEI Podcast JUST ACTION: How to Challenge Segregation Enacted Under the Color of Law
• Concurrent Professor Emilia Justyna Powell hosted a conference and panel discussion with Professors Roger Alford, Paolo Carozza, and Diane Desierto, and European experts on her latest book, "The …

Financing Reforms To Meet A Pivotal Moment In Global Health, Kevin A. Klock, Alexandra Finch, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

2024 will be the most important moment for global health since the World Health Organization’s founding in 1948, but only if states give major reforms their full political and financial backing. Bold new commitments in disease surveillance, capacity building, and more equitable access to health products cannot be achieved without ample and sustainable funding. In this essay, we discuss major reforms found in the emerging pandemic agreement and reformed International Health Regulations and then explore the significant challenges and opportunities for financing them.

Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Cardozo Law News Brief: March 22, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Stewart Sterk
• Luis Calderon Gomez
• Young Ran (Christine) Kim

Campus News:

• Kwanza Jones, Class of 1999, Honored at 14th Annual BALLSA Celebration
• Cardozo’s Civil Rights Clinic Wins Fifth Circuit Appeal for Client in Police Misconduct Case
• Cardozo’s Entertainment Law Week Showcases Alumni Who Have Made it in the Industry

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory