Law Commons^™

Ribeiro On Mill's Harm Principle, Christopher T. Wonnell

San Diego Law Review

Ribeiro’s article is broadly sympathetic to Mill’s harm principle. However, it argues that there is no one conclusive argument in its favor. Rather, there are a plurality of different arguments that all lend strength to Mill’s general conclusion, at least in particular categories of cases. The Article begins by noting that the harm principle is not limited to criminalization. In various ways short of criminalization, the law seems to prefer some ways of life over others on what seem to be paternalistic or moralistic grounds rather than any kind of obvious harm the actors are doing to other people. We …

October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz

Hallowed Secularism

Blog post, "Because He doesn’t exist" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

Data Integration And Analysis System (Dias) As A Platform For Data And Model Integration: Cases In The Field Of Water Resources Management And Disaster Risk Reduction, Akiyuki Kawasaki, Petra Koudelova, Katsunori Tamakawa, Asanobu Kitamoto, Eiji Ikoma, Koji Ikeuchi, Ryosuke Shibasaki, Masaru Kitsuregawa, Tosho Koike

Copyright, Fair Use, Scholarly Communication, etc.

The development of data and model integration platforms has furthered scientific inquiry and helped to solve pressing social and environmental problems. While several e-infrastructure platforms have been developed, the concept of data and model integration remains obscure, and these platforms have produced few firm results. This article investigates data and model integration on the Data Integration and Analysis System (DIAS) platform, using three case projects from water-related fields. We provide concrete examples of data and model integration by analyzing the data transfer and analysis process, and demonstrate what platform functions are needed to promote the advantages of data and model …

The Wonderful Story Of The Repeal Of "Don't Ask, Don't Tell" And Of How The Military Did Adr Proud, Kukin Program For Conflict Resolution

2018 Event Invitations

No abstract provided.

Vol. 55, No. 09 (October 22, 2018)

Indiana Law Annotated

No abstract provided.

Week Of October 22, 2018 - October 26, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Business Law Society
• Cardozo FAME Center
• Cardozo Intellectual Property and Information Law Program
• Cardozo Office of Career Services
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Students for Human Rights
• Cardozo Tax Law Society
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• ChIPs
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• Louis D. …

Mmu: 10/22/18–10/28/18, Student Bar Association

Monday Morning Update

"FOR CURRENT STUDENTS" Website, A Reminder

Mass Schedule

Announcement - Weekly Bible Study

FOLLOW THE CROSSINGS CAFE

Mock Trial Coach Wanted

LEGAL WRITING CENTER

INVITATION TO ALL NDLS STUDENT GROUPS

Health & Wellness Information

This Week @ NDLS

1L OF THE WEEK: Lexi Riccolo

Who Has The Last Laugh? Comedians’ Free Speech Rights Under The First Amendment., Brett Gossett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Comedians represent an important part of public discourse in American society. They are able to toe the line between controversial, comedy, and the truth. But when a perceived threat is involved, this line becomes harder to find and even harder to defend under the First Amendment.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 21, 2018. The original post can be accessed via the Archived Link button above.

October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz

Hallowed Secularism

Blog post, “Absurdities of Anti-Religious Bias“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law Library Guide, Kresge Law Library

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.

‘Crazy’ Suggestion Leads To God’S Purpose For His Life, John Shaughnessy

1975–1999: David T. Link

As he prepares to go to prison again, Father David Link shares the story of the “crazy” suggestion that led him to discover God’s purpose for his life.

Cardozo Law News Brief: October 19, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Deborah Pearlstein
• Edward Zelinsky
• Kate Shaw
• Jeanne C. Curtis
• Christopher Buccafusco
• Anthony Sebok
• Lindsay Nash

Campus News:

• ADR Competition Honor Society Wins Arbitration Prize at Securities Dispute Resolution Triathlon
• Blockchain Project Releases Second Research Report: Smart Contracts and Legal Enforceability
• Cardozo's Business Law Program Receives "A+" in preLaw Magazine, Family Law Program Gets "A"

Events:

• The Story of the Repeal of "Don't Ask, Don't Tell" and How the Military Did ADR Proud
• A Panel Discussion on Trademarks, Patents, Trade Secrets, and Copyright Law: A Cardozo-Google Patent Project Event
• Abacus: Small Enough to Jail (Film Screening and Panel)
• A …

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …

The Santa Clara, 2018-10-18, Santa Clara University

The Santa Clara

No abstract provided.

The Rule Of Law: More Than Just A Law Of Rules, Donald B. Verrilli Jr.

Nebraska Law Bulletin (Selected Issues)

Transcript of a lecture titled “The Rule of Law: More than Just a Law of Rules” presented on September 28, 2018 at the University of Nebraska College of Law by former Solicitor General for the United States under President Barack Obama, Donald Beaton Verrilli, Jr.

October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rhodri Lewis Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Alqasem V. Ministry Of The Interior And The Hebrew University, Neal Hendel, Anat Baron, Uzi Vogelman

Translated Opinions

Facts:

This was a request for leave to appeal the judgment of the Tel Aviv-Jaffa District Court sitting as an Administrative Affairs Court denying the Petitioner’s appeal against the judgment of the Tel Aviv Appeals Tribunal that denied the her appeal of the decision of the Minister of the Interior to cancel the her visa and prevent her entrance into Israel due to her activities in support of boycotting the State of Israel.

The Petitioner had recently completed her studies toward a B.A. at the University of Florida and was accepted into a graduate program in human rights and transitional …

Dickinson Law: Historical Marker, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.

Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady

Nevada Supreme Court Summaries

The Court determined that the Nevada Public Records Act requires the government agency to disclose the requested information if: (1) it can be found by searching a database for existing information, (2) it is readily accessible and not confidential, and (3) the alleged risks of disclosure do not outweigh the benefits of the public’s interest in the records.

Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018), Adrianna Guida

Nevada Supreme Court Summaries

The Court determined the presumption under NRS § 432B.550(5)(a), that a child’s best interest is to be placed together with the siblings of the child, also applies to adopted children. Further, the Court held adoption does not sever a biological sibling relationship for purposes of NRS § 432B.550(5)(a).

Reforming Restrictive Housing: The 2018 Asca-Liman Nationwide Survey Of Time-In-Cell, Judith Resnik, Anna Vancleave, Kristen Bell, Alexandra Harrington, Gregory Conyers, Catherine Mccarthy, Jenny Tumas, Annie Wang

Other Scholarship

Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell is the fourth in a series of research projects co-authored by the Association of State Correctional Administrators (ASCA) and the Arthur Liman Center at Yale Law School. These monographs provide a unique, longitudinal, nationwide database. The topic is “restrictive housing,” often termed “solitary confinement,” and defined as separating prisoners from the general population and holding them in cells for an average of 22 hours or more per day for 15 continuous days or more.

The 2018 monograph is based on survey responses from 43 prison systems that held 80.6% of …

Baby Got (A Broken) Back, But No Remedy: The Seventh Circuit’S Refusal To Provide A Remedy For Eighth Amendment Violations, Timothy Lavino

Seventh Circuit Review

Since 1871, individuals have been able to bring a cause of action against state officials who violate the individual’s constitutional rights. However, it wasn’t until the 1965 case Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics that the U.S. Supreme Court created a cause of action for individuals whose Fourth Amendment rights were violated by federal officials. Since 1965, this cause of action, known as a Bivens action, has been extended to violations of the Fifth and Eighth Amendments.

Neither Cruel Nor Unusual: An Hour And A Half Delay In Treatment Can Now Amount To Deliberate Indifference, Monica J. Raven

Seventh Circuit Review

The Eighth Amendment of the U.S. Constitution proscribes cruel and unusual punishment. To state a cognizable claim, a plaintiff must allege that a prison official or medical professional was deliberately indifferent to his or her objectively serious medical need. In Lewis v. McLean, the Seventh Circuit analyzed whether a nurse and prison official’s hour and a half delay in treatment created a triable issue as to whether they acted with deliberate indifference. The plaintiff alleged that the defendants showed deliberate indifference to his severe back pain by delaying his access to medical care. The defendants, on the other hand, …

Between Scylla And Charybdis: Ezell V. City Of Chicago (Ezell Ii) And How The Seventh Circuit Continues To Narrow Chicago’S Constitutional Path Forward On Gun Control, Christopher Gerardi

Seventh Circuit Review

It has been less than a decade since the Supreme Court reset the landscape of gun rights by recognizing, for the first time, that the Second Amendment protects an individual’s right to keep and bear arms unconnected with any militia service. The Court was notably silent as to which standard of review lower courts should apply to the inevitable wave of Second Amendment challenges to federal, state, and local gun control legislation. In the absence of guidance from the Supreme Court, the majority of the Federal Circuit Courts of Appeals have adopted a two-step means-end test similar in many respects …

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds …

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …