Law Commons^™

Champions For Justice 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas

Joint PIJIP/TLS Research Paper Series

In recent years, there has been a growing body of legal regulation of

TDM. Since 2018, Japan, the European Union, Singapore and others have

promoted changes to their copyright law and included specific limitations and

exceptions for TDM. These changes have been slow in the Global South and

the developing world, even though they are urgently needed there. This report

aims to present the Brazilian copyright legal framework and the policy

documents related to Intellectual Property, Artificial Intelligence and

innovation influencing political and public debate. This set of policies and

legislative texts provides the grounds for the discussion on the …

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

The Mismatched Goals Of Bankruptcy And Mass Tort Litigation, Maureen Carroll

Reviews

By the end of this Term, SCOTUS must decide what to do about the mammoth Purdue Pharma bankruptcy settlement. If allowed to go forward, the $10 billion deal will not only resolve claims against the company, it will shield the Sackler family—the company’s former owners—from any further liability for their role in the opioid crisis. The deal has generated a great deal of discussion, much of it focused on the legality and wisdom of that third-party release. The authors of Against Bankruptcy take a broader view, asking a set of critical questions about the proper role of bankruptcy in the …

Historical Analogy And The Role Morality Of Reason-Giving, Darrell A. H. Miller

Duke Law Journal Online

The Supreme Court has turned ever more to analogical reasoning from history and tradition to decide significant matters of public policy. Nowhere is this phenomenon more evident than in the Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen.

The Court’s crafting of a Second Amendment test that turns almost entirely on the strength of analogies—and on a topic of such intense public salience—has thrust analogical reasoning to the forefront of judicial and academic debate. While many have questioned the workability of Bruen’s focus on historical analogs, this Essay is less concerned about the pragmatics of …

Ndls Communicator: Week Of 03.18.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Stories: Kristina Swanson
• ND Law Galilee Program: Empowering public service paths
• Notre Dame Religious Liberty Clinic supports Hindu organization’s freedom to use its property for religious practice
• Divided Ninth Circuit rejects Apache religious challenge to mine development on sacred land at Oak Flat
• ND Law Global Human Rights Clinic files amicus brief in support of religious freedom in Ecuadorian abortion case
• ND Law School event explains the ICJ ruling on South Africa’s genocide case against Israel
• Derek Muller was quoted in an article by The Economist, CNN, Election Law Blog, and the Washington Post about …

Mmu: 03/18/24–03/24/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 66, No. 09 (March 18, 2024)

Indiana Law Annotated

No abstract provided.

A New Reporter Confronts The Supreme Court’S Unpublished Decisions, Peter W. Martin

Cornell Law Faculty Working Papers

For over two hundred years, the United States Supreme Court has been served by an officially designated “Reporter” charged with overseeing the publication of its decisions. While the statutory framework within which the Court’s Reporter of Decisions must operate has been revised from time to time, it has always reflected the need for that publication to be timely. It has also been focused solely on the production of printed volumes, a growing anachronism in an era of linked and searchable law data. Because of the disconnect, delays in official publication of the Court’s decisions grew over the course of this …

Identifying And Responding To Privacy Dark Patterns, Dominique Kelly, Jacquelyn Burkell

FIMS Publications

Privacy dark patterns are user interface design strategies intended to “nudge” users to reveal personal data, either directly or by enabling (or failing to disable) privacy-invasive platform/profile settings. Examples of privacy dark patterns on social media include defaults that enable the public display of posted content, warnings that follow attempts to reject personalized ads, and hidden “skip” buttons that make it more challenging to decline privacy-undermining requests such as to sync contacts.

Our project aims to minimize the impact of privacy dark patterns on Canadian youth. Building on our prior research documenting the use of these strategies on five social …

Cardozo Law News Brief: March 15, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Myriam Gilles
• Jocelyn Getgen Kestenbaum
• Alma Magana
• Michel Rosenfeld

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Approaches To Regulating Privacy Dark Patterns, Matthew Gaulton, Dominique Kelly, Jacquelyn Burkell

FIMS Publications

In this paper, we will evaluate new bills slated to replace the Personal Information Protection and Electronic Documents Act (PIPEDA) and offer stronger privacy dark pattern protections to Canadians.

Existing scholarship in the realm of privacy law, such as “Deceptive Design and Ongoing Consent in Privacy Law” by Jeremy Wiener and “Privacy Dark Patterns: A Case for Regulatory Reform in Canada” by Ademola Adeyoju, primarily focuses on creating frameworks for understanding privacy dark patterns in the law and explaining the pitfalls and legal inadequacies surrounding dark pattern legislation in Canada.

However, the aim of this paper diverges significantly. While acknowledging …

Introduction: Medical-Legal Partnerships: Equity, Evolution, And Evaluation., Katherine L. Kraschel, James Bhandary-Alexander, Yael Z. Cannon, Vicki W. Girard, Abbe R. Gluck, Jennifer L. Huer, Medha D. Makhlouf

Faculty Scholarly Works

The COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding.

Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist

Law Faculty Briefs and Court Documents

No abstract provided.

Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, Emmanuel Owushi

Library Philosophy and Practice (e-journal)

The study examined judicial libraries as predictors for effective administration of justice in Nigeria. The population involved all legal practitioners and legal educators in Nigeria. 4000 respondents were sampled. Due to unavailability of the population at the time of the study, the adopted convenience sampling technique to sample 4000 respondents across legal professional bodies in Nigeria. A structured questionnaire titled ‘Use of Judicial Library and Administration of Justice Scale’ was used for data collection. The questionnaire was structured with the 4-point Likert scale response style, designed on Google form and distributed to the respondents via various social media platforms. A …

Missing Pieces: Gaps In The Record Of Early American Decisional Law, Andrew Willinger

Duke Law Journal Online

In its most recent major Second Amendment decision, New York State Rifle & Pistol Association v. Bruen, the Supreme Court suggested that historical laws “rarely subject to judicial scrutiny” are not especially illuminating because “we do not know the basis of their perceived legality.” Legal scholars have defended Bruen’s approach to historical evidence in part by arguing that the decision requires merely an artificially-limited historical inquiry into internal legal sources to discern overarching principles accepted across the country in the Founding Era. But modern-day lawyers and judges actually know far less than they might believe about whether certain laws were …

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …

Toward Abolitionist Remedies: Police (Non)Reform Litigation After The 2020 Uprisings, Cara Mcclellan, Jamelia N. Morgan

Articles

In the summer of 2020, across the country, Americans took to the street in protest of Mr. George Floyd’s murder and the police killings of countless other Black people. In too many cases, police responded to protesters with excessive force and the very brutality that had led people to protest police in the first place. In the wake of these horrific displays of force, over 40 lawsuits were filed nationwide that challenged police conduct at protests. Smith v. City of Philadelphia, one of the lawsuits brought on behalf of residents and protesters in Philadelphia, was unique because the tragic underlying …

Cardozo Law News Brief: March 8, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jacob Noti-Victor
• Jessica Roth
• Alexander Reinert
• Anthony Sebok

Campus News:

• Miriam Lacroix Joins Cardozo as Director of Diversity and Inclusion

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

The Insidious War Powers Status Quo, Rebecca Ingber

Articles

This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Ndls Communicator: Week Of 03.04.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law student and Eviction Clinic secure unexpected victory for South Bend family
• Professor Carter Snead presents at Pontifical Academy for Life assembly at the Vatican
• Patrick Corrigan's new paper, "ES" Versus "G" in Corporate Governance: You Can't Have It All" was quoted in the Forbes article, “Observing OpenAI’s Affair With Musk: A Legal Drama Unfolds.”
• Sherif Girgis's article, "Living Traditionalism," was mentioned by the New York Times as support for Justice Barrett's and Judge Newsome's interpretation of "history-and-tradition" tests.
• Derek Muller's first quotes about the Supreme Court ruling today are in The Conversation, "Supreme Court …

A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel

Articles

In this article, we analyze and compare two proposals for a new subject-to-tax rule (STTR) provision to be included in tax treaties, one from the U.N. Tax Committee and the other from the G20/OECD inclusive framework on base erosion and profit shifting. The U.N. proposal is broad, and would clarify that restrictions in tax treaties on taxation of income at the source where it is derived are conditional on that income being taxed at an agreed-upon minimum rate in the country where it is received. The inclusive framework version is much more limited, being confined to payments between connected entities …

Mmu: 03/04/24–03/10/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 66, No. 08 (March 4, 2024)

Indiana Law Annotated

No abstract provided.

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

How We Can Best Support Neurodivergent Patrons, Mari Cheney, Annalee Hickman Pierson, Geraldine Kalim, Julia M. Pluta

Faculty Works

When law librarians think about making out libraries a welcoming and inclusive environment for all library patrons, we need to include individuals of all abilities in this process. This article discusses how law librarians can best create a welcoming and inclusive environment in their libraries and services. It also focuses on how to best support neurodivergent patrons through universal design.

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Four Futures Of Chevron Deference, Daniel E. Walters

Faculty Scholarship

In two upcoming cases, the Supreme Court will consider whether to overturn the Chevron doctrine, which, since 1984, has required courts to defer to reasonable agency interpretations of otherwise ambiguous statutes. In this short essay, I defend the proposition that, even on death’s door, Chevron deference is likely to be resurrected, and I offer a simple positive political theory model that helps explain why. The core insight of this model is that the prevailing approach to judicial review of agency interpretations of law is politically contingent—that is, it is likely to represent an equilibrium that efficiently maximizes the Supreme Court’s …