Law Commons^™

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell

Cleveland State Law Review

It is no secret the doctrine of qualified immunity is under immense scrutiny. Distinguished jurists and scholars at all levels have criticized the doctrine of qualified immunity, some calling for it to be reconsidered or overruled entirely.

Amidst this scrutiny lies uncertainty in the doctrine’s application. Specifically, the federal courts of appeal are split three ways on the question of whether an official exceeding the official’s scope of authority under state law at the time of the alleged constitutional violation can successfully assert qualified immunity. Some courts of appeal do not require the official to demonstrate he acted within the …

Symposium On Sustainable Development Goals, Trade, Investment, And Inequality, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

This Symposium, co-hosted by Afronomicslaw and the Dalhousie Law Journal Blog is an outcome of one of the streams at the 2019 Annual Purdy Crawford Workshop at the Schulich School of Law. The theme of the Workshop which took place from Sept. 26–28 was “The Role of Business Regulation in Advancing the Sustainable Development Goals.” Co-organized by three Schulich School of Law Professors, the Workshop featured three inter-disciplinary and simultaneous streams as well as cross-over plenaries that focused on: “SDGs and Revenue Mobilization” – convened by Kim Brooks, the Purdy Crawford Chair in Business Law; “SDGs, Trade, Investment, …

The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy

Cleveland State Law Review

The current space law paradigm came into existence when two major national powers were vying for supremacy after a catastrophic world war. The nuclear age had dawned. The United Nations drafted and ratified the Outer Space Treaty under these conditions with limited foresight to the specific nature of future space activities. As more nations and private actors enter the space arena, the nature of the weapons used in space has changed, and the number of targets and opportunities for collateral damage has greatly increased.

This Note looks at the weapons aimed at space and the laws that try to govern …

Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer

International Law Studies

Adverse cyber operations against States are on the rise, and so are the legal challenges related to such incidents under public international law. This article will not delve into already intensely debated problems of classification, such as whether adverse cyber operations constitute “armed attacks” or “use of force.” Rather, the article will focus on causality and attribution with special regard to problems of evidence. In particular, the article will elaborate on the applicable standards of proof to be met by the victim State when submitting, or having to submit, evidence to justify self-defense or countermeasures against the State of origin. …

Virginia Uranium, Inc. V. Warren, Nyles G. Greer

Public Land & Resources Law Review

The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.

Week Of November 25, 2019 - November 29, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo OUTLaw
• Real Estate Law Association (RELA)

Vol. 57, No. 13 (November 25, 2019)

Indiana Law Annotated

No abstract provided.

Mmu: 11/25/19–12/01/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Diversity in Government and Working for a United State’s Attorney’s Office: A Conversation with Peter Salib, AUSA, USAO for the Northern District of Illinois in Chicago
• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• Thanksgiving Break
• Go Irish! Beat Stanford!

General Announcements

• New Dublin summer internship program
• LVCY Angel Tree
• Legal Writing Center
• Volunteer Opportunity at Green Bridge Growers
• IDEA Center Student Connections
• Circulation Desk Hours
• SBA Store Hours
• Health & Wellness Center
• Notice to student visitors to Sinai Synagogue
• Mock Trial Coaches Wanted
• Advertise Law School Events on the Law Library e-board …

"Remembering Betsy" By Her Two Professors And Editors, Thomas Green, Dirk Hartog

Tributes

On November 23, 2019, immediately following the conclusion of the annual meeting of the American Society for Legal History, Boston University School of Law held a ceremony marking the opening of an archive devoted to the scholarship of Elizabeth Clark. Betsy Clark, who taught at BU before her untimely death in 1997, was an important presence in the world of legal history in the 1980s and early 1990s. And the archive includes a number of short “responses” to her scholarship. Her colleagues David Seipp and Pnina Lahav were responsible for making the archive a reality.

The Nigerian Niger Delta And The Invisible Hand Of Tremf: Exploring The (Im)Possibility Of Socio-Economic Justice Under The Un 'Ruggie' Guiding Principles, Ikenna Emmanuel Aniekwe

LLM Theses

The Nigerian Niger Delta region which is home to Nigeria’s large crude oil reserves, has grappled with many problems since the inception of crude oil explorations in the area over six decades ago. From environmental degradations to flagrant violation of human rights, the pitfalls of the exploration activities have hugely undermined the socio-economic wellbeing of the people and thereby causing them socio-economic injustice. This thesis tested how, and found that, the protracted socio-economic problems in the Niger Delta exemplifies Upendra Baxi’s germinal theory on the emergence (and now prevalence) of a trade-related and market-friendly (TREMF) paradigm that supplants human rights …

November 22, 2019: What Is The Point Of This Column?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is the Point of this Column?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos

TSOS Interview Gallery

The Northwest Immigrant Rights Program has been around for 35 years, started in 1984 specifically to help Central American refugees during the mid-1980s, when they were fleeing civil wars. A pro-bono group of attorneys performing "direct legal representation", helping low income community members who are navigating different aspects of the immigration system. NWIRP also engages in "systemic advocacy" which attempts to change systems and policies revolving around asylum and immigration rights.

The Right To Support: Severely Disabled Children & Their Mothers, Sheila Kathleen Jennings

PhD Dissertations

The author examines how severely disabled children and their mothers, who are usually their primary caregivers, are treated by Canadian law and policy. She identifies and analyzes deficiencies in care and other supports the state makes available to them. She further provides an analysis of the role of the state as it increasingly privatizes responsibility for supports, including unpredictable and often complex forms of care, situating them in practice, with mothers. Caregiving mothers are required to provide what comprises maternally complex care, which may be medical, neurological or psychiatric in nature. Within complex care, visible and hidden costs have been …

Narrowing The Gap Between Tax Law And Accounting, Humayun Rashid Chaudhary

PhD Dissertations

Accounting income and taxable income are both designed to capture the economic activities of an entity based on their own rules and assumptions. Despite all the differences in reporting objectives and measurement methods, accounting income forms the starting point for determining taxable income. This suggests that much of accountants use of consistency and matching principles flows through to the legal measure of taxable income. This thesis argues that the principles in some select areas of financial reporting can be sanctioned more explicitly and enacted into the Income Tax Act (ITA) in determining the taxable income of corporations. It also recommends …

If You Love Something, Set It Free? Open Content Copyright Licensing And Creative Cultural Expression, Giuseppe Roberto Tarantino

PhD Dissertations

This dissertation seeks an answer to the question of when open content copyright licences can be most productively used to facilitate the creation and dissemination of cultural expression. Conventional copyright licences emphasize control and the policing of infringing activity. By identifying the circumstances in which open, permissive, and simple-to-understand copyright licensing models can successfully be employed, this dissertation provides a heuristic that articulates when open content licensing can be used to help foster creativity, dialogic collaboration and iterative cultural expression. Using communicative copyright, an account inspired by the relational author approach of Carys Craig, as a theoretical framework, this dissertation …

Examining Pharmaceutical Exceptionalism: Intellectual Property, Practical Expediency, And Global Health, Govind Persad

Sturm College of Law: Faculty Scholarship

Advocates, activists, and academics have criticized pharmaceutical intellectual property ("pharma IP") rights as obstacles to access to medicines for the global poor. These criticisms of pharma IP holders are frequently exceptionalist: they focus on pharma IP holders while ignoring whether others also bear obligations to assist patients in need. These others include holders of other lucrative IP rights, such as music copyrights or technology patents; firms, such as energy companies and banks, that do not rely on IP; and wealthy private individuals. Their resources could be used to aid patients by providing direct medical assistance, funding prizes or biomedical research, …

Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge

University of Miami Law Review

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s programs …

Nipped In The Bud: How Legal Disparities Create Financial Growth Hurdles In The State-Sanctioned Marijuana Industry And Why Bankruptcy Courts Can Provide A Remedy, Caitlyn Cullen

University of Miami Law Review

A new marijuana industry has emerged in the United States in the wake of state-by-state legalization of marijuana, and entrepreneurs, investors, and other advisory services are increasingly viewing the marijuana industry as an area of legitimate business opportunity. However, potential investors have been hesitant to establish formal relationships with marijuana businesses that operate legitimately in the eyes of the state but in a cloud of legal uncertainty at the federal level because the Controlled Substances Act criminalizes marijuana. This Note identifies two economic consequences of the conflicts of state and federal law and suggests a temporary solution that would allow …

Cardozo Law News Brief: November 22, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Kyron Huigens
• Deborah Pearlstein
• Gabor Rona
• Stewart Sterk
• Richard Weisberg
• Christopher Buccafusco
• Suzanne Stone
• Lela Love
• Michel Rosenfeld
• Paul Gugliuzza

Campus News:

• Cardozo Ranked #22 in Hein Scholarship Rankings
• 10th Annual BALLSA Dinner Meets Fundraising Goal
• Intellectual Property Experts Discuss Modern Challenges in Music Law

Events:

• Lunchtime Conversation with Zeid Ra'ad Al Hussein, Former UN High Commissioner for Human Rights
• Lunchtime Talk with Diana Kearney: Strategic Litigation Against The Administration's Migration Policies

A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran

University of Miami Law Review

The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen

University of Miami Law Review

Bitcoin permits users to engage in direct expressive activity with one another without the need for centralized intermediaries. It does so by utilizing an open and community-managed global database called a blockchain. While much of the literature about Bitcoin has focused on its use as a form of digital payment, this Article suggests an expanded understanding by demonstrating its use as a protocol network, not unlike the internet, that can be used to extend the possible range of human expression. After developing an appreciation of the technology, this Article recommends a framework for applying the First Amendment to Bitcoin and …

Justice Scalia Got It Right, But For The Wrong Reasons: Scalia’S Recognition Of The Supreme Court’S “Southern Exception” In U.S. Constitutional Jurisprudence And The Connection Of “Southern Exceptionalism” To “American Exceptionalism", James D. Wilets

University of Miami Law Review

The late Justice Scalia has repeatedly and sardonically noted that the Supreme Court has discounted the views of Southern states in determining whether there is a consensus among the states with regards to a Constitutional norm. This Article has termed that Supreme Court position as “Southern Exception” and can be viewed as an effort by some Justices to address the unique social, economic, religious and cultural traditions in the South engendered by its unique" and “exceptional” history. This Article will also explore how this "Southern Exception" affected American jurisprudence to the point of rendering it "exceptional" from much of the …

Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón

University of Miami Law Review

The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …

State Of Utah, Plaintiff/Appellee, V. Todd Robert Patton, Defendant/Appellant, Appellee Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for possession or use of a controlled substance, a third-degree felony, in the Eighth Judicial district, Uintah County, the Honorable Clark A. McClellan presiding.

EMILY ADAMS, Adams Legal LLC, Counsel for Appellant

JONATHAN S. BAUER (10004), Assistant Solicitor General, SEAN D. REYES (7969), Utah Attorney General, John H. Gothard JR., Deputy Uintah County Attorney, Counsel for Appellee

State Of Utah State Of Utah, Plaintiff And, Appellee V. Todd Robert Patton, Defendant And, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for possession or use of a controlled substance, a third-degree felony, in the Eighth Judicial District, Uintah Count y, the Honorable Clark A. McClellan presiding

EMILY ADAMS, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, JOHN H. GOTHARD JR., Counsel for Appellee

Attracting Foreign Investments For Green Energy Projects In Sub-Saharan Africa: Climate Change Policy & Innovation In International Legal Compliance, Leslyn Ann Lewis

PhD Dissertations

Sub-Saharan Africa must confront the dual problem of development coupled with the complexities surrounding climate change. The regions stagnated growth has been historically attributed to many factors, but the predominant thought from an international law perspective is that if the region modernizes its legal and regulatory structures this will engender the confidence of foreign investors. With this acknowledgement came the demand on developing nations to modernize local legal and regulatory systems initially focusing on globally harmonized intellectual property rights and then more recently their energy regulatory infrastructures and processes to attract foreign investments. Several international organizations and institutions including the …

Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Presumptive Deference And The Role Of Expertise On Questions Of Law In Canadian Administrative Law, Cheryl Laura Bowman

LLM Theses

Administrators in Canada are presumptively accorded deference on questions of law. This deference is grounded largely in expertise, a pragmatic justification for deference. This thesis examines the relationship of expertise to other practical justifications for deference and to legislative intent. This thesis questions (i) whether assumptions about administrative expertise are grounded in administrative realities; (ii) whether deference to expertise has a meaningful nexus with legislative intent; and (iii) whether heavy reliance on expertise leaves meaningful room for judicial review on questions of law within reasonableness. I conclude that the doctrine of deference relies too heavily on presumptions about the expertise …