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Week Of September 23, 2019 - September 27, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo American Constitution Society (ACS)
• Cardozo Democrats
• Cardozo Entertainment Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Law Society
• Cardozo Moot Court Honor Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Courtroom Advocates Project
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Philosophy and Law Society (PALS)
• Public Interest Law Student …

Data First, Tax Next: How Fiji’S Technology Can Improve New Zealand’S 'Netflix Tax' Part 3 (Electronic Marketplaces), Richard Thompson Ainsworth, Chang Che

Faculty Scholarship

This is the third paper examining the recent amendments to the New Zealand Goods and Services Tax (GST) that are commonly known as the Netflix Tax. A fourth paper will follow.

The importance and complexity of dealing with electronic marketplaces has made an independent paper on electronic marketplaces necessary. Taken together this set of four papers assess the effectiveness of the Netflix provisions, and how they can be enhanced by adopting the technology and vision of Fiji’s VAT Monitoring System (VMS). The Netflix provisions were effective, July 1, 2017.

This paper considers rules that allocate the responsibility for collecting, reporting …

September 22, 2019: Bends Toward Justice Podcast--Where You Can Hear It Now, Bruce Ledewitz

Hallowed Secularism

Blog post, “Bends Toward Justice Podcast--Where You Can Hear It Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 22, 2019: Nihilism In The Heartland, Bruce Ledewitz

Hallowed Secularism

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

Dear Governor Gavin Newsom: Don’T Drop The Ball! Sign Sb-206!, Caroline Garlick

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On August 11, 2019, California’s state assembly unanimously passed SB-206, a bill that will allow student athletes to receive compensation during their time as a collegiate athlete. If signed or overlooked by California Governor Gavin Newsom within thirty days, SB-206 will allow, starting on January 1, 2023, “. . . student athletes at public and private postsecondary institutions, except for community colleges, to earn compensation for the use of their own name, image or likeness.” The bill does not require universities to compensate or employ student athletes, but rather allows student athletes to obtain professional representation and earn income through …

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …

Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca

Law Faculty Scholarship

Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in applying the test. But the Supreme Court has never said which, if any, of the factors are the most important in the analysis, nor has anyone determined whether the underlying purpose—enhancing predictability and certainty—has been attained.

This empirical Study uses content …

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

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Samuel Weinstein

Campus News:

• Blockchain Conference Emphasizes Enforcement Policies
• Giving Day Raised More than $80,000
• Four Cardozo Students Take Part in Historical Jewish Moot Court

Events:

• CJERSJ Symposium: Critical Developments in NY Housing Policy
• Sports Law Roundtable
• An Evening with Steve Madden

Response To: How Should We Respond To Pregnancy And Substance Use?, Frank E. E. Vandervort, Vincent J. Palusci

Articles

We begin our reply by asking the reader to consider this typical case taken from Professor Vandervort’s current practice. It is one of several similar cases currently being handled by the clinic he works in and similar to many dozens—perhaps hundreds—of cases handled over the past 30 years.

To Protect And Provide For Children, Prenatal Substance Use Must Be Considered Abuse., Frank E. E. Vandervort, Vincent J. Palusci

Articles

The use of drugs and alcohol during pregnancy is harmful to the developing child. When children are born having been exposed to these substances, children’s protective services should uniformly substantiate child maltreatment in order to ensure that the child’s parent(s) and the child receive the treatment and services necessary to address the child’s immediate safety, protect the government’s compelling interest in the child’s welfare, and ensure the best long-term outcome for the child.

The Salt Lake Tribune And Its Reporter, Matthew Piper, Plaintiff And Appellee, V. The Utah State Records Committee, Defendant, And Brigham Young University, Intervenor And Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant Brigham Young University On Appeal from the Third Judicial District Court The Honorable Laura S. Scott District Court Case No. 160904365

The Indian Child Welfare Act: A Brief Overview To Contextualize Current Controversies., Frank E. E. Vandervort

Articles

Congress passed and the president signed the Indian Child Welfare Act (ICWA) into federal law in 1978. Because the Constitution grants to Congress the authority to make law regarding Indian tribes, ICWA’s provisions are mandatory, unlike other federal child welfare legislation such as the Child Abuse Prevention and Treatment Act, which are voluntary. State authorities handling any case involving an “Indian child” must comply with ICWA.

Georgia Library Spotlight: Library Fest At Uga’S Law Library, Anne Burnett, Marie Mize, David Rutland, Rachel S. Evans

Articles, Chapters and Online Publications

This fall the Alexander Campbell King Law Library at the University of Georgia turned library orientation for incoming students into a Fest, and opened the event up to the entire law school community. The idea for a fest was a collaborative one, with examples from other library orientation programs as well as UGA’s staff resource fair, our experiences at conferences like CALICon, and even a AALL poster session contributing to the final event design and deployment. How did we get here? This article summarizes the team effort and the outcome.

Georgia Library Spotlight is a regular feature managed …

Peace In The Home, Peace In The Nation: Conceptions Of Justice For Rural Women Of Northern Uganda, Jennifer Moore

Faculty Scholarship

UNM International Studies Institute Fall Lecture Series 2019 "Peacemaking In Africa"

Becoming And Building Community In Toronto: 1980 To Present, Bernadette Thomas

Journal of Law and Social Policy

I left Grenada in December of 1980 to visit Canada. Like many other Caribbean immigrants, when I first came up to Canada I was shocked by the cold and unsure of what my life would look like. Forty years later, I look back at the life I’ve built in Canada and see how my community experiences led me to be a community leader.

This is my story, but it is the story of many others as well. I reflect here on the role of women as leaders, the difficult conditions for immigrants, the history of domestic work, and on housing …

“All Arabs Are Liars”: Arab And Muslim Stereotypes In Canadian Human Rights Law, Reem Bahdi

Journal of Law and Social Policy

Stereotypes exclude, stigmatize, and burden Arabs and Muslims in Canada. This article examines three prevailing Arab and Muslim stereotypes: the conviction that Arabs and Muslims have a culturally ordained propensity towards violence; the belief that, regardless of their citizenship status, Arabs and Muslims remain foreigners who threaten Western values and; the notion that Arabs and Muslims are dishonest. The analysis rests on the facts found and conclusions reached in nine claims filed by Arab or Muslim applicants before the British Columbia, Ontario, Quebec or Canadian human rights tribunals. The tribunal decisions reveal that the terrorist profile requires the other two …

How Affirmative Action Context Shapes Collegiate Outcomes At America’S Selective Colleges And Universities, Amy Lutz, Pamela R. Bennett, Rebecca Wang

Journal of Law and Social Policy

During the 1990s and early 2000s, the affirmative action context in the United States changed. Affirmative action in higher education was banned in several states, and the Supreme Court ruled in Grutter (2003) that affirmative action, while constitutional, should be implemented via holistic evaluation of applicants. In this article, we use two datasets to examine how affirmative action context relates to academic outcomes at selective colleges and universities in the United States before and after the Grutter decision and in states with and without bans on affirmative action. Underrepresented minority students earned higher grades in the period after the Grutter …

Measuring Correctional Admissions Of Aboriginal Offenders In Canada: A Relative Inter-Jurisdictional Analysis, Andrew A. Reid

Journal of Law and Social Policy

It is widely recognized that Aboriginal peoples are overrepresented in Canada’s criminal justice system. A review of recent statistics documenting the extent of overrepresentation in Canada’s sentenced custody population, prompted the Truth and Reconciliation Commission to call upon federal, provincial, and territorial governments to take action. In anticipation of advancement toward the Commission’s “Calls to Action”, it is important to have comprehensive baseline information to which progress may be measured against in the future. Aside from basic statistics that document over-incarceration, however, little research has explored patterns of representation among Aboriginal offenders in other segments of the correctional system. Nevertheless, …

State Redress As Public Policy: A Two-Sided Coin, Stephen Winter

Journal of Law and Social Policy

Monetary redress programs that respond to injuries suffered by survivors of out-of-home care are increasingly common and very expensive. This article’s distinctive contribution is to approach these redress programs as a form of social policy. Both survivors and states have interests in the operation of redress programs. Some of those interests are mutually compatible, but there are obvious conflicts as well. The article concludes by advocating a strategy for resolving an illustrative conflict.

Racism And Relief Distribution In The Aftermath Of The Halifax Explosion, Mark Culligan, Katrin Macphee

Journal of Law and Social Policy

Popular and academic histories have romanticized the Halifax Explosion. In most retellings, the Explosion united Haligonians, in suffering and in reconstruction. This article presents evidence from the Halifax Relief Commission’s Records that points to a different conclusion: African Nova Scotia claimants were discriminated against during Relief distribution efforts and pre-existing racial inequalities were reinforced. Relief workers treated the claims of African Nova Scotians with enhanced skepticism, expended minimal effort to locate those with claims, and ultimately provided less by way of compensation. Moreover, the decision of the Relief Commission to prioritize the compensation of lost property, not lost wages, systemically …

Brief Of Fred T. Korematsu Center For Law And Equality And American Civil Liberties Union Of Louisiana As Amici Curiae In Support Of Dacarius Holliday, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

State of Louisiana v. Dacarius Holliday

Convening Of Academic Medical-Legal Partnership: Law School Clinical Faculty, Health Justice Alliance

HJA Scholarship

On September 18, 2019, the Georgetown University Health Justice Alliance (HJA), with generous support from the Winer Family Foundation, brought together a group of clinical law faculty from across the country, all of whom use the medical-legal partnership (MLP) model to teach law students to work interprofessionally to address the health harming legal needs of vulnerable patients. This Report provides background on medical-legal partnerships and the law school clinic model, describes the substance discussed during each session of the convening, and includes a summary of key findings and ideas for innovation as well as areas for future exploration.

The Right To Deregulate: The Cfpb’S Authority To Remove The Ability-To-Pay Requirement As It Pertains To Payday Lenders, Ben Davisson

SLU Law Journal Online

The Consumer Financial Protection Bureau is proposing to rescind the rule requiring payday lenders to assess a borrower's ability to repay the loan. This article by Ben Davisson explores the Bureau's authority to rescind its own rule despite the potentially harmful effects on vulnerable low-income consumers.

Davis County, Plaintiff/ Appellant V. Johnson & Johnson; Janssen Pharmaceuticals, Inc, Defendants/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On interlocutory appeal from the Ruling and Order entered in the Second district Court, the Honorable David M. Connors presiding District case no. 180700870

Douglas B. Thayer, DURHAM JONES & PINEGAR, Attorneys for Appellant Davis County

Andrew G. Deiss, John Robinson Jr, Corey D. Riley, DEISS LAW PC, Attorneys for the Appellees Johnson & Johnson

Sue First,Negotiate Later, Michael Risch

Faculty Publications

One of the more curious features of patent law is that patents can be challenged by anyone worried about being sued. This challenge right allows potential defendants to file a declaratory relief lawsuit in their local federal district court, seeking a judgment that a patent is invalid or noninfringed. To avoid this home-court advantage, patent owners may file a patent infringement lawsuit first and, by doing so, retain the case in the patent owner’s venue of choice. But there is an unfortunate side effect to such preemptive lawsuits: they escalate the dispute when the parties may want to instead settle …

Drone Attacks On Saudi Aramco Oil Installations, Mary Ellen O'Connell

NDLS in the News

Half of Saudi Arabia’s oil production has been stopped by air attacks involving drones and possibly cruise missiles on 14 September 2019. Houthi rebels in Yemen have claimed responsibility. United States Secretary of State Mike Pompeo has asserted by tweet that Iran is responsible because there is “no evidence the attacks came from Yemen” and Iran is behind “100” attacks on Saudi Arabia. The U.S. has since released satellite imagery showing immense smoke clouds. Unnamed American officials say 19 sites were struck. According to the BBC, on 16 September, ‘UK, Foreign Secretary Dominic Raab said it was not …

The Public Reception Of The “Path Forward” Report, Steven Kendall

Duke Law Journal Online

No abstract provided.

The Trajectory Of Forensics, Peter Neufeld

Duke Law Journal Online

No abstract provided.

Statistics And The Impact Of The 2009 Nas Report, Karen Kafadar

Duke Law Journal Online

No abstract provided.

Forensics At The Federal Level, Sue Ballou

Duke Law Journal Online

No abstract provided.