Law Commons^™

Outer Space: How Shall The World's Governments Establish Order Among Competing Interests?, Paul B. Larsen

Washington International Law Journal

We are in a period of transition in outer space; it is becoming increasingly congested. As one example, small satellites are beginning to interfer with astronomical observations. The objective of this article is to examine and evaluate how the various outer space interests interact, coordinate or conflict with each other. This article examines legal order options and the consequences of choosing among those options.

December 22, 2019: Light In This Dark Season, Bruce Ledewitz

Hallowed Secularism

Blog post, “Light in this Dark Season“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Smart Factories, Dumb Policy? Managing Cybersecurity And Data Privacy Risks In The Industrial Internet Of Things, Scott J. Shackelford

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16^th and 18^th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …

Corporate And Canonical Governance: Understanding Church Property, Jane Power

The University of Notre Dame Australia Law Review

No abstract provided.

Environmental Degradation And The Legal Imperatives Of Improvement: Forest Policy In Western Australia From European Settlement To 1918, Guy Charlton, Ricardo Napper

The University of Notre Dame Australia Law Review

No abstract provided.

Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin

D.C. Council Testimony

No abstract provided.

The Long Road To Uluru And Beyond, Fred Chaney, Greg Carne

The University of Notre Dame Australia Law Review

No abstract provided.

More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith

The University of Notre Dame Australia Law Review

No abstract provided.

Is Religion The Lost Diversity In Education In An Era Of ‘Militant Secularists’?, Charles Russo

The University of Notre Dame Australia Law Review

No abstract provided.

Rajab Suliman V Rasier Pacific Pty Ltd: Employee Or Independent Contractor?, Jacques Duvenhage

The University of Notre Dame Australia Law Review

No abstract provided.

Acl Unfair Contract Terms And Standard Construction Contracts, Chinelle Van Der Westhuizen, Phillip Evans

The University of Notre Dame Australia Law Review

No abstract provided.

Differences In The Assessment Of Consumer Creditworthiness Of Consumers In Eu Member States As An Obstacle For The Single Eu Credit Market – Analysis In The Context Of The Minimization Principle Of Art. 5 Gdpr, Piotr Gałązka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

It is the basic principle that every financial institution granting a loan – including a bank – is obliged to assess the creditworthiness of the customer who applies for such a loan. The banking law doctrine recognizes that this obligation is a public duty for the bank and results from the nature of the bank as an institution of public trust, which assesses creditworthiness also in the interest of depositors whose funds have been entrusted to the bank. The subject of the paper will be to present the situation and legal status in several Member States of the European Union …

Cardozo Law News Brief: December 20, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Deborah Pearlstein
• Jessica Roth
• Kate Shaw
• Edward Zelinsky
• Felix Wu
• Jocelyn Getgen Kestenbaum
• Suzanne Stone

Events:

• Ethical Considerations for Corporate Lawyers in 2020

There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford

Student Theses 2015-Present

This report addresses the widespread pollution of domestic groundwater resources with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) caused by firefighting activities performed at military installations across the United States. Two former military bases in Southeastern Pennsylvania are used as a single case study: the Naval Air Development Center (NADC) in Warminster and the Naval Air Station Joint Reserve Base (NASJRB) in Horsham. Chapter 1 gives a history of domestic military bases from the perspective of the infrastructure buildup and downsizing that occurred over the 20th Century, along with the environmental degradation revealed during brownfield redevelopment. The chapter then gives specifics about …

James Baldwin’S “Going To Meet The Man” And Police Brutality In The United States, Sinai Akpan

XULAneXUS

Abstract

This essay exposes the United States corrupt law enforcement and the psychological aspects of racism. It initially presents a connection between the 1960s and our contemporary time. Police Brutality in The United States illustrates what has and continues to affect the lives of African Americans. This essay broadcasts the injustices faced in the everyday lives of African Americans by unmasking the inequality and racist ideologies that the United States has been founded on. Initially it discusses the time period of which “Going to Meet the Man” was written. Baldwin’s piece is successfully compared and contrasted to demonstrate the connection …

Senior Day December 2019, University Of Michigan Law School

Commencement and Honors Materials

Program for the December 20, 2019 Senior Day ceremonies.

Big Ink V. Bigger Tech, Ramsi Woodcock

Law Faculty Popular Media

When in 2011 Paul Krugman attacked the press for bending over backwards to give equal billing to conservative experts on social security, even though the conservatives were plainly wrong, I celebrated. Social security isn’t the biggest part of the government’s budget, and calls to privatize it in order to save the country from bankruptcy were blatant fear mongering. Why should the press report those calls with a neutrality that could mislead readers into thinking the position reasonable?

Journalists’ ethic of balanced reporting looked, at the time, like gross negligence at best, and deceit at worst. But lost in the pathos …

Ryan Miller, Appellant/Petitioner V. Trial Court Brenda Miller, Appellee/Respondent. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second District Court, Layton, Davis County Judge Michael S. Edwards

Jonathan Hibshman (12552), Marco Brown (13156), Counsel for Appellant/Petitioner

Dustin D. Gibb, Counsel for Appellee/Respondent

Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck

Genocide Studies and Prevention: An International Journal

Hitler’s Atrocities Against Allied PoWs cannot be regarded as an academic study of the fate awaiting captured Allied servicemen and women. Its narrow focus, socio-political goal, and limited engagement with the historiography prevent it from serving as more than a survey text or springboard. Chinnery attempts to tie the individual fates to a larger argument that the German armed forces and their security force compatriots were systematically responsible for the abuses described in the book. While the individual cases are compelling and some have a clear connection to explicit policies, the book does not succeed in linking its other examples …

Select Criminal Law And Procedure Cases From The U.S. Supreme Court's 2018-2019 Term, Eve Brensike Primus, Kristin Froehle

Articles

Although the 2018-19 Term at the Supreme Court did not include any blockbuster rulings like Carpenter v. United States, the Court issued a number of significant criminal law and procedure rulings. It addressed warrantless blood-alcohol testing, the dual-sovereignty doctrine, the right to trial by jury, ineffective assistance of trial counsel, questions of incorporation, prisoners' competence to be executed, permissible methods of execution, and some important statutory interpretation questions. Looking back on the Term, Justice Gorsuch clearly solidified his position as the libertarian "swing" vote in criminal procedure cases. He joined the liberals to uphold a defendant's right to trial …

Platform Pleading: Analyzing Employment Disputes In The Technology Sector, Joseph Seiner

Faculty Publications

The technology sector has created thousands of new jobs for workers across the country in an emerging multi-billion dollar industry. Many companies in this platform-based sector are attempting to characterize their workers as independent contractors rather than employees, thus stripping them of both federal and state workplace protections—including the right to bargain collectively, receive fair compensation, and avoid discrimination. The federal courts, which have always grappled with the question of worker classification, are now struggling to define employment with respect to these gig sector jobs. The result has been scattered court decisions with inconsistent and conflicting analyses.

This Essay seeks …

Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani

Faculty Scholarship

At the 2020 Pro Bowl, former NFL quarterback Michael Vick will be honored as one of the legends captains. Vick’s selection has sparked controversy, because in 2007, he was convicted of operating a dog fighting ring. Vick has served his prison sentence, and beyond that, he has sought redemption. We should extend forgiveness and let the NFL honor Michael Vick.

Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield

Duke Law & Technology Review

The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …

Film Review: Operation Finale, Melanie O'Brien

Genocide Studies and Prevention: An International Journal

In 1960, the Israeli intelligence agency, Mossad, undertook an operation in Argentina to capture the architect of the Final Solution, Adolf Eichmann, and bring him to Israel to stand trial. Operation Finale [Chris Weitz, 2018] tells the story of this intelligence operation: the actions of and challenges for the agents involved, in a way that captures the banality of Eichmann’s personality before it was put on show for the world to see in his televised trial. Operation Finale is available on Netflix, rendering it a Holocaust film with an extraordinarily large reach.

When Cute Becomes Criminal: Emoji, Threats And Online Grooming, Marilyn M. Mcmahon, Elizabeth A. Kirley

Minnesota Journal of Law, Science & Technology

No abstract provided.

Mandatory Ex Officio Examination Of Abusive Contractual Clauses By National Courts And The Guarantee Of Effective Protection Of Consumers’ Interests, Beata Sieńko-Kowalska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In order to ensure an appropriate level of consumer protection envisaged by the EU legislator, a national court is obliged to restore real balance between the consumer and the professional entrepreneur in every case and regardless of national law. The guarantee of effective consumer protection implies examining whether a disputed contractual provision has been individually agreed to by the professional entrepreneur and the consumer, as well as using any possible means to review ex officio the unlawful nature of the relevant contractual provision, even if it is the opinion of the court that the consumer did not raise the given …

Misselling On The Non-Banking Consumer Credit Market In The Light Of Current Market Problems, Magdalena Paleczna

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Loan institutions and the credit services they offer represent a growing percentage of the credit market in Poland. Observing this market, and the proceedings conducted by the President of the Office of Competition and Consumer Protection against loan institutions, confirms the existence of large-scale irregularities that directly affect consumers, essentially non-professional financial market participants. These irregularities include misselling, which is a practice infringing collective consumer interests and consisting of the offering of financial services (in the case of loan institutions – credit services) which do not correspond to the real needs of consumers or are offered in a manner inadequate …

Mechanisms Of The Protection Of The Borrower (Consumer) In The Context Of Facilities Denominated And Indexed To A Foreign Currency In The Light Of The Polish Borrower Support Act (Ustawa O Wsparciu Kredytobiorców) – Selected Issues, Wanesa Choptiany

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article focuses on the analysis of the present regulatory amendments in the area of strengthening of the protection of borrowers (consumers), on the example of the facilities denominated/indexed to a foreign currency, with an emphasis on the recent amendment to the Polish Borrower Support Act. The purpose of the article is to analyse the legislation in terms of the effectiveness of the newest consumer protection mechanisms.

Reduction In The Total Cost Of Consumer Credit In Case Of Early Repayment In Light Of The Cjeu Ruling C-383/18, Agnieszka Wachnicka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of the article is to examine the effects of the judgment of the Court of Justice of the European Union in case C-383/18 (Lexitor) on the functioning of the consumer credit market. The article does not constitute a comprehensive analysis of the discussed issue, but touches upon selected issues and interpretation doubts arising in connection with the above ruling in the context of the wording of the provisions of the Consumer Credit Act. The Court has interpreted the provisions of Directive 2008/48/EC with regard to the types of costs subject to reduction in the case of an early …