Law Commons^™

Unfit To Be Seen: Customer Preferences And The Americans With Disabilities Act, Craig Westergard

Brigham Young University Journal of Public Law

No abstract provided.

The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Education and Law Journal

No abstract provided.

Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer

Brigham Young University Education and Law Journal

No abstract provided.

Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor

Brigham Young University Education and Law Journal

No abstract provided.

Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability And Transparency In The Irs Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars

Brigham Young University Education and Law Journal

No abstract provided.

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey

Brigham Young University Education and Law Journal

No abstract provided.

Civil Penalties Against Public Companies In Sec Enforcement Actions: An Empirical Analysis, David Rosenfeld

College of Law Faculty Publications

Civil penalties have become an increasingly important part of the Securities and Exchange Commission’s (SEC) enforcement program. The SEC now routinely obtains large civil penalties in enforcement actions, regularly trumpets those penalties in press releases, and highlights the penalty amounts in its end-of-the-year statistics. Civil penalties are defended on the ground they are necessary to make unlawful conduct costly and painful, and thereby deter misconduct and promote adherence to lawful and ethical standards of behavior. But with respect to one category of cases, civil penalties have always been controversial: when civil penalties are assessed against public companies, the cost of …

“Unfair Or Unconscionable”: A New Approach To Time-Barred Debt Collection Under The Fdcpa, Jon D. Fish

University of Chicago Law Review

Since the 1990s, the trade in second-hand debt has exploded. Debt collectors now relentlessly pursue decades-old debts, purchased for pennies on the dollar from primary creditors. To avoid the bar that statutes of limitations place on judicial enforcement of these debts, third-party debt collectors seek “acknowledgment” from unwitting consumers, which resets the limitations periods under state law. Under the Fair Debt Collection Practices Act (FDCPA), federal courts have struggled to deal with these attempts at resetting the statutes of limitations—a practice that often feels inherently unfair. So far, courts have focused on whether collection attempts have violated the FDCPA’s ban …

Resources For Special Education Advocacy, Virginia A. Neisler

Law Librarian Scholarship

The CDC reports that approximately 1 in 6 children in the United States has a developmental disability.1 Certain types of developmental disabilities are becoming rapidly more prevalent, with autism spectrum disorder affecting 1 in 59 children in 2014 (as compared to 1 in 150 as recently as 2002).2 From 1997 to 2008, all incidences of developmental disabilities in children in the United States increased in prevalence by more than 17 percent.3 This represents a significant part of our population and in recent decades has given rise to a complex system of legal rights and protections for developmentally disabled children that …

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

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You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your counsel, …

Confidentiality And Client Communications In Illinois, Jeffrey A. Parness

College of Law Faculty Publications

Some 30 years ago, the Illinois Supreme Court, in In re Himmel, recognized that no discovery/evidentiary privilege would attach to nonconfidential attorney-client communications. Some communications would be nonconfidential if made in the presence of those who were not "agents" of either the attorney or client. As to the client in Himmel, neither the client's mother nor her fiancé were deemed the client's agents so that there was no privilege. But in so ruling, the court failed to clearly describe in detail the substantive circumstances of client agency or the procedures necessary for establishing such agency. And since then, …

Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson

Public Land & Resources Law Review

The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.

Why Sexual Privacy Matters For Trust, Danielle K. Citron

Faculty Scholarship

Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes. They spent hours on the phone. Today, they text their innermost thoughts, beliefs, and wishes, sometimes with nude photos attached. They engage in sexually-explicit activity via FaceTime and SnapChat.

Now, as then, the success and integrity of intimate relationships depends upon sexual privacy. Intimate relationships develop as partners grow to trust one another to treat their nakedness, deepest secrets, and sexual desires as they hope rather than as they fear. Handling partners’ personal information with discretion lays the foundation for …

Broadening Consumer Law: Competition, Protection, And Distribution, Rory Van Loo

Faculty Scholarship

Policymakers and scholars have in distributional conversations traditionally ignored consumer laws, defined as the set of consumer protection, antitrust, and entry barrier laws that govern consumer transactions. Consumer law is overlooked partly because tax law is cast as the most efficient way to redistribute. Another obstacle is that consumer law research speaks to microeconomic and siloed contexts—deceptive fees by Wells Fargo or a proposed merger between Comcast and Time Warner Cable. Even removing millions of dollars of deceptive credit card fees across the nation seems trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent …

Issue Classing--The Express Checkout Of Class Actions, Shaquille Grant

SMU Law Review Forum

No abstract provided.

Digital Health Privacy In Active-Aging Settings: Will The Law Let You Age Well?, Tara Sklar, Richard Carmona, Kathie Insel, Christopher Robertson

Faculty Scholarship

What is privacy and how are our interpretations of it changing with advances in technology? This question, and concerns around potentially violating a person’s right to privacy, have been emerging across industries around the world. Senior living providers have increased their exposure to privacy risks with the shift to implementing sensors throughout their communities. Typically located in digital health devices that can be worn on the body or placed in the environment, these sensors are capable of collecting and tracking data relevant to a person’s health and well-being on a continuous monitoring basis.
/="/">
/="/">There are privacy laws and …

Race And Class: A Randomized Experiment With Prosecutors, Christopher Robertson, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases. Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity. Disparities may also be driven by socio-economic class differences, which are highly correlated with race.
/="/">
/="/">This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions. Case-vignettes are manipulated between-subjects in five conditions to test effects of defendants’ race and …

Cardozo Law News Brief: November 1, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Ekow N. Yankah
• Deborah Pearlstein
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld
• Paul Gugliuzza
• Ngozi Okidegbe

Campus News:

• Floersheimer Center Event Celebrates Professor Stanley Fish and Free Speech
• ACS Hosts "Rigged" Screening and Panel

Events:

• Distinguished Lecture in IP
• Antitrust in the Modern Economy
• The FAME Center Presents: One of Us
• International Comparative Policy and Ethics Law Review Fall Symposium
• 60 Years of Real Estate Wisdom Stephen Siegel in conversation with Professor Stewart Sterk

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Fordham Law Review

The creation and commercialization of these systems raise the question of how liability risks will play out in real life. However, as technical advancements have outpaced legal actions, it is unclear how the law will treat AI systems. This Article briefly addresses the legal ramifications and liability risks associated with reliance on—or delegation to—AI systems, and it sketches a framework suggesting how we can address the question of whether AI merits a new approach to deal with the liability challenges it raises when humans remain “in” or “on” the loop.

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Fordham Law Review

The sex trafficking of women and girls by U.S. military men remains an issue plaguing U.S. military bases overseas. While the U.S. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas U.S. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all U.S. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …

A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim

Fordham Law Review

The U.S. Supreme Court’s landmark decision in District of Columbia v. Heller held that the prohibition of handguns in the home was unconstitutional and the Court extended this holding to the states through the Fourteenth Amendment in McDonald v. City of Chicago. Through these cases, the Court clarified that the core of the Second Amendment was self-defense. However, it did not specify the scope of this self-defense “core” and left the lower courts with room for interpretation—for example, it is unclear whether and to what extent the Second Amendment applies to the public space. Furthermore, the Supreme Court did …

See No Evil, Hear No Evil: Applying The Sight And Sound Separation Protection To All Youths Who Are Tried As Adults In The Criminal Justice System, Lauren Knoke

Fordham Law Review

American law treats youths within the criminal justice system with contrasting impulses. In some cases, the law deems youths worthy of special protections and places them within the juvenile justice system. In other situations, however, it views youths as posing distinct dangers and funnels them into justice systems designed for adults. So long as youths remain under the jurisdiction of the juvenile justice system, they are afforded the protections of the Juvenile Justice and Delinquency Prevention Act (JJDPA). One of the JJDPA’s core protections, sight and sound separation, aims to prevent youths from having any visual or spoken exchanges with …

The Rule Of Law Collaborative: A Center For Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Faculty Publications

No abstract provided.

Passive Voter Suppression: Campaign Mobilization And The Effective Disfranchisement Of The Poor, Bertrall L. Ross Ii, Douglas M. Spencer

Northwestern University Law Review

A recent spate of election laws tightened registration rules, reduced convenient voting opportunities, and required voters to show specific types of identification in order to vote. Because these laws make voting more difficult, critics have analogized them to Jim Crow Era voter suppression laws.

We challenge the analogy that current restrictive voting laws are a reincarnation of Jim Crow Era voter suppression. While there are some notable similarities, the analogy obscures a more apt comparison to a different form of voter suppression—one that operates to effectively disfranchise an entire class of people, just as the old form did for African …

Fourth Amendment Textualism, Jeffrey Bellin

Faculty Publications

The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive Even the justices know they have a problem Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt.

These fissures hint at the Court’s openness to a new approach Unfortunately, no viable alternatives appear on the horizon The justices themselves offer little in the way of a replacement And scholars’ proposals exhibit …

Let's Gossip About Glossip: The Supreme Court's Misguided Adoption Of An Unsurpassable Standard For Method Of Execution Challenges Under The Eighth Amendment, Tenia L. Clayton

Belmont Law Review

No abstract provided.

The 2019 Revealed-Preferences Ranking Of Law Schools, Christopher J. Ryan Jr., Brian L. Frye

Belmont Law Review

No abstract provided.

Hetimi I Krimi Kompjuterik Si Formë E Krimit Të Organizuar, Albiona Musa

Theses and Dissertations

Në vitet e fundit, shoqëritë në të gjithë botën kanë bërë përparime të mëdha në fushën e teknologjisë së informacionit dhe komunikimit. Teknologjia e informacionit dhe komunikimit tani përshkon pothuajse çdo aspekt të jetës së njerëzve e si rrjedhojë kjo e bën shoqërinë të ekspozuar ndaj kërcënimeve të tilla si krimi kibernetik, domethënë krimi i kryer kundër të dhënave dhe sistemeve kompjuterike ose nëpërmjet tyre.

Risitë që paraqet kjo fushë shtrojnë nevojën për ndërhyrje normative të vazhdueshme ndaj sjelljeve kriminale të ndodhura në hapësirën kibernetike, pasi format e konsumimit të veprave penale kibernetike ndryshojnë dukshëm nga format tradicionale të krimit …

Zgjidhja E Martesës Me Marrëveshje Të Përbashkët, Erëza Ademi

Theses and Dissertations

Ky punim shqyrton dhe analizon procedurën për shkurorëzimin e martesës me marrëveshje të përbashkët. Qëllimi kryesor i këtij punimi është shqyrtimi dhe analizimi i procedurës së shkurorëzimit sipas legjislasionit pozitivë në Kosovë. Në hyrje të punimit jepet një vështrim i shkurtër historik mbi institutin e martesës në përgjithësi dhe institutit të shkurorëzimit në veqanti. Më pas trajtohen disa nocione të përgjithshme në lidhje më institutin e martesës si: nocioni i martesës, kushtet për lidhjen dhe vlefshmërinë e martesës si dhe pengesat dhe ndalesat martesore. Për të vazhduar më pas më trajtimin e institutittë shkurorëzimit që përbënë objektin kryesor të këtij …