Law Commons^™

Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper

Florida Law Review

Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law. …

Congress And Commercial Trusts: Dealing With Diversity Jurisdiction Post-Americold, S. I. Strong

Florida Law Review

Commercial trusts are one of the United States’ most important types of business organizations, holding trillions of dollars of assets and operating nationally and internationally as a “mirror image” of the corporation. However, commercial trusts remain underappreciated and undertheorized in comparison to corporations, often as a result of the popular but mistaken belief that commercial trusts are analogous to traditional intergenerational trusts or that corporations reflect the primary or paradigmatic form of business association.

The treatment of commercial trusts reached its nadir in early 2016, when the U.S. Supreme Court held in Americold Realty Trust v. ConAgra Foods, Inc. that …

More Than Just Collateral Damage: Pet Shootings By Police, Courtney G. Lee

The University of New Hampshire Law Review

The Department of Justice estimates that American police officers shoot 10,000 pet dogs in the line of duty each year. It is impossible to ascertain a reliable number, however, because most law enforcement agencies do not maintain accurate records of animal killings. The tally may be substantially higher, and some suggest it could reach six figures.

Deferring to officers’ judgment when they reasonably fear for human safety is sound policy because they regularly must make split-second, life-or-death decisions in highly stressful situations; but many pet shootings occur when officers mistake the behavior of a friendly, curious dog for aggression. Further, …

Don't Go Chasing Waterfalls: The Intrepid, Pioneering, Whitewater Paddler's Right To Stop On Private Land, Jennifer Jolly-Ryan

The University of New Hampshire Law Review

The river roars from the thunder of waterfalls and swift currents. Its water runs wild between large boulders and steep banks. Kayaks and canoes are designed to navigate whitewater rapids that many people believe are unnavigable. Conflicts often arise between private property owners and the recreating public on some of the best whitewater in America. Private property owners along rivers, creeks, and streams have shot at paddlers for entering their private property. Property owners have obstructed navigation, stringing artificial strainers made of barbed wire across creeks and streams.

The sport of running wild water rapids and waterfalls in a kayak …

Best Practice

DePaul Magazine

In fall 2016, DePaul’s College of Law launched the Third Year in Practice Program, a progressive approach to experiential learning that further prepares students for their first year practicing law. The following spring, the inaugural cohort of 11 students all graduated, passed the bar exam and have found employment— largely because they were ready to jump right into their careers.

Cabrera-Rangel V. United States: Petition For A Writ Of Certiorari, Leah Litman

Appellate Briefs

Questions Presented: Whether, or under what circumstances, the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury acquitted him.

Writ of Certiorari:Petitioner Miguel Cabrera-Riangel respectfully petitions for a writ of certiorari to review the judgment of the United States Court of Appeals for the Fifth Circuit.

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Cheek M.S., Lindsey Peterson Phd

Societies Without Borders

No abstract provided.

Mmu: 11/19/18–11/25/18, Student Bar Association

Monday Morning Update

Graduate Student Network to Host Winter Formal\

Mass Schedule

Announcement - Weekly Bible Study

Follow The Crossings Cafe

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Against Imperialism In Legal Concepts, Joseph D'Agostino

The University of New Hampshire Law Review

The authority of government—and that of its politicians, judges, regulators, and other specific authorities—continues to grow more imperialistic. This is partly due to the imperialism of legal concepts as facilitated by Wittgenstein’s famously non-essentialist treatment of concepts through family resemblance theory. Although non-essentialism or anti-essentialism can be highly valuable in forming religious and literary concepts, and in describing the sometimes incoherent everyday usage of concepts and terms, all legal concepts should be scientific-style essentialist concepts. Such essentialism combats the broad discretion granted and obscured by non-essentialist approaches that allow concepts to absorb contradictory elements and harmfully hold them together, thus …

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Understanding Institutions: A Multi-Dimensional Approach, Raymond H. Brescia

The University of New Hampshire Law Review

With the rise of nativist policies throughout the world, the growing dangers posed by climate change and rising income inequality, and ever-increasing threats to the rule of law, many turn to the institutions of democracy to achieve desired policy goals. Indeed, if one seeks to address climate change, preserve the rule of law, or reduce income inequality, functioning institutions are needed to further such objectives. But the ability to leverage institutions to achieve legal and policy goals presupposes a common understanding of institutions as well as an appreciation for the ways in which they can and may function. Traditional comparative …

Vol. 55, No. 13 (November 19, 2018)

Indiana Law Annotated

No abstract provided.

Week Of November 19, 2018 - November 23, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo FAME Center
• Chabad at Cardozo
• Dentons
• Heyman Center on Corporate Law and Governance
• Innocence Project Clinic

How Supreme A Court?, Thomas E. Kadri

Popular Media

Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew …

A V. Haifa Regional Rabbinical Court, David Mintz, Alex Stein, Isaac Amit

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A petition against the judgment of the Great Rabbinical Court dealing with the issue of specific co-ownership of the residential home that was brought into the marriage by the husband and registered in his name. The petition raises the question of intervention by the High Court of Justice in the judgment of the Great Rabbinical Court due to the fact that weight was accorded …

Arguing With Friends, William Baude, Ryan D. Doerfler

Articles

No abstract provided.

Compelled Subsidies And The First Amendment, William Baude, Eugene Volokh

Articles

No abstract provided.

Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg Phd

Societies Without Borders

This article investigates the contribution of International Non-Governmental Organizations to the social construction of knowledge about episodes of mass violence. The focus is on the dynamics between global and national forces, explored through a case study of Amnesty International and the mass violence that unfolded in the Darfur region of Sudan during the first decade of the 21st century. Interviews with Amnesty staff and volunteers, supplemented by an examination of Amnesty websites, suggest that the organization succeeds in generating a relatively unified representation, reflective of its goal to promote human rights, but that it can succeed only by granting leeway …

November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd

Societies Without Borders

In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the right-wing message. …

How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri

Popular Media

The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.

Result Orientation Test For An Abstract Idea: Demise Of The Means-Plus-Function Claim?, Jun Lin

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Patent is an important legal tool for inventors to protect their interests in their inventions. But what kind of inventions exactly? Statutorily, an eligible invention needs to be a “process, machine, manufacture, or composition of matter.” However, not every subject-matter that facially falls under one of the four categories may receive patent protection. Indeed, the Supreme Court has carved out exceptions to patentability: Laws of nature, natural phenomena, and abstract ideas are unpatentable. Among them, abstract ideas are the most difficult to define. As a result, the abstract idea exception generates the greatest legal uncertainty.

This post was originally published …

1895 - Decisions Of The Department Of Interior And General Land Office From January 1 To June 30, 1895

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

Cardozo Law News Brief: November 16, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Myriam E. Gilles
• Kate Shaw
• Barbara Kolsun
• Ekow N. Yankah

Campus News:

• Immigration Justice Clinic Returns to Texas to Represent Asylum Seekers
• Immigration Justice Clinic Sues ICE, Says Jailing NY Immigrants For Months Without Hearing is Unconstitutional
• #MeToo and the Legal Profession Examines Law, Effects and Advocacy
• The Washington Post Explores Landmark 1898 SCOTUS Citizenship Case; Cardozo Law Review Cited

Events:

• Patents For the Non-Patent Fashion Lawyer
• A Fireside Chat With Lyor Cohen Global Head of Music at YouTube and Google

Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda Phd

Societies Without Borders

There exists a well-documented tendency among citizens to perceive immigrant populations as much larger than indicated by official statistics. This misperception has been linked to desires to halt the flow of immigration or restrict immigrants’ rights, raising concern about the consequences of pervasive faulty information. However, ignorance extends beyond questions of population size. There are also many qualitative misperceptions upon which individuals base their opinions about foreigners. In particular, citizens are likely to hold incorrect perceptions about the legal status of the typical immigrant (i.e., documented vs undocumented). The current study takes a unique approach by simultaneously examining both quantitative …

2018 James R. Browning Distinguished Lecture In Law, Jeffrey S. Sutton

Montana Law Review

2018 James R. Browning Distinguished Lecture in Law

The Rule Of Lenity In The State Of Montana: Is There Lenity?, Angelica Gonzalez

Montana Law Review

This note examines how the rule of lenity is applied in the Montana Supreme Court and ultimately demonstrates that the Court’s understanding of the rule’s application is not always clear. The first application of the rule of lenity occurred in 1922. From 1922 to 1933, the Montana Supreme Court applied the rule of lenity, despite it not being codified in Montana since 1895. In 1934, the Court correctly cited to the statute that abrogated the common law rule of strict construction in Montana by looking to the Revised Codes of 1921. However, only four years later, in 1938, the Court …

Still-In-Flux: Reinterpreting Montana's Rights-Of-Minors Provision, Rebecca Stursberg

Montana Law Review

This note explores how this provision, referred to interchangeably as Article II, Section 15 and the rights-of-minors provision throughout, has developed since its adoption. Part II of this note discusses the sources of the provision, including key United States Supreme Court precedent on juvenile rights in the years immediately before the Convention, and the evolution of the provision through several stages of the 1972 Montana Constitutional Convention. Part III examines the structure and substance of Article II, Section 15 by dividing the provision into three subparts and illustrating how each sub-part functions through relevant Montana Supreme Court decisions. Part IV …