Law Commons^™

The First Amendment’S Greatest Protector: The Nba, Hayden Farmer

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The 2019-2020 NBA season has come to an end with the Los Angeles Lakers winning their 17th championship. This accomplishment proves all the worthier when the tumultuous season is put in perspective. The COVID-19 pandemic caused the season to be suspended indefinitely in March and be moved to the Orlando Disney World campus. Basketball legend Kobe Bryant and his daughter, Gianna, along with seven others, died in a tragic helicopter crash in February. As the NBA season resumed, racial injustice across the nation took center stage and led to several reforms within the league. Hidden amidst these tragedies are the …

Just How Epic Is The Fortnite-Apple Lawsuit?, Justin Weinblatt

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Epic Games is known for its over-the-top and bombastic video games such as the smash hit, Fortnite. It turns out Epic Games’ approach to legal disputes is just as bombastic as its approach to game development. On August 13, 2020, Epic filed a lawsuit against Apple, alleging antitrust violations. Instead of merely filing a lawsuit and a press release, Epic has turned this legal challenge into a media blitz with a parody of Apple’s famous 1984 ad and even an in–game event. Epic’s marketing campaign has been successful, prompting CNN to wonder if Fortnite has killed the App Store as …

Will Cyber Autonomy Undercut Democratic Accountability?, Ashley Deeks

International Law Studies

In recent years, legislative bodies such as the U.S. Congress and the U.K. Parliament have struggled to maintain a role for themselves in government decisions to conduct military operations against foreign adversaries. Some of these challenges arise from constitutional structures, but they are also due to the changing nature of conflict: a shift away from large-scale kinetic operations and toward smaller-scale operations—including cyber operations—that are less visible and that do not require robust legislative support. These modern operations leave legislatures to engage in ex post and sometimes ineffective efforts to hold their executive branches accountable for international uses of force …

Oct. 26, 2020, Code And Cogam, Final Roadmap Package, Code, Cogam

CAO General 1999-Present

No abstract provided.

Looking Back, Looking Forward: Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

Since the Criminal Justice Section’s Women in Criminal Justice Task Force launched in November 2018, we have heard from women in criminal law around the country about their experiences with (1) hiring, (2) retention, and (3) promotion of women in criminal justice. We set many goals for ourselves, including hosting listening sessions, publishing columns, and collecting data, and we are proud of all we have accomplished over the past nearly two years.

Those Who Can Vote Are Duty-Bound To Do So, A. Benjamin Spencer

Popular Media

No abstract provided.

How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang

Notre Dame Law Review Reflection

2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing …

Cardozo Law News Brief: October 23, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Samuel Weinstein
• Ekow N. Yankah
• Kate Shaw
• Christopher Buccafusco
• Ngozi Okidegbe
• Deborah Pearlstein
• Felix Wu
• Edward Zelinsky

Campus News:

• Ira Dizengoff '92 and Betsy W. Dizengoff Establish Dizengoff Family Summer Public Interest Fund
• Moot Court Honor Society Competition Team Makes Semifinals at Emory Competition
• Cardozo Indie Film Clinic Promotes Underrepresented Voices
• 3L Harold Kang Wins NYSBA Dispute Resolution Writing Competition
• Doctoral Law Student Sabarish Suresh To Present Research at The Annual Doctoral Forum on Legal Theory

Events:

• CLIHHR Presents Three Steps Forward, Two Steps Back: The Quagmire of Citizenship in India
• Let's Talk Tech: Merger Analysis in a …

Cardozo Hosts Symposium Focused On Presumptive Adr And Court Systems Of The Future, Kukin Program For Conflict Resolution

2020 Event Invitations

No abstract provided.

Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie

Seattle University Law Review

President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to …

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …

“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines

Seattle University Law Review

The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.

Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.

Seattle University Law Review

This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.

“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter

Seattle University Law Review

To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.

Jed D. Melnick Annual Symposium: Presumptive Adr And Court Systems Of The Future, Cardozo Journal Of Conflict Resolution

2020–2021 Flyers

On Friday, October 23, 2020, the Cardozo Journal of Conflict Resolution hosted the Melnick Annual Symposium on “Presumptive ADR and Court Systems of the Future.” This Symposium was inspired by Chief Judge Janet DiFiore’s bold new Presumptive ADR initiative for the New York Courts.

After a keynote address by Chief Judge DiFiore, six different panels examined the obstacles and opportunities in a historic move towards presumptive, mandatory and highly recommended ADR and mediation, in the United States and around the world.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Preservation Requests And The Fourth Amendment, Armin Tadayon

Seattle University Law Review

Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to …

Tuberculosis, Human Rights, And Law Reform: Addressing The Lack Of Progress In The Global Tuberculosis Response, Matthew M. Kavanagh, Lawrence O. Gostin, John Stephens

Georgetown Law Faculty Publications and Other Works

In 2018, the United Nations General Assembly convened the first-ever high-level meeting (HLM) on tuberculosis (TB). Since that time news on the world’s most lethal infectious disease is not good—the 2019 WHO TB report shows 1.2 million people died from TB, a number that has fallen just 11% since 2015, less than one-third of the way towards the End TB Strategy milestone of a 35% reduction (to about 850 million deaths) by 2020. The same number of people, 10.0 million, are estimated to have fallen ill with TB in 2018 as in 2017. The stubborn persistence of TB is attributable …

The Future Of The Public Trust: The Muddied Waters Of Rockweed Management In Maine, Sarah M. Reiter, Dillon Post, Lisa Wedding, Aaron L. Strong

Ocean and Coastal Law Journal

Seaweeds, or more properly, intertidal macroalgae have never been easy to classify—by law or by science: they are not part of the animal kingdom, nor part of the plant kingdom (and scientific controversies about their phylogenetic placement abound), they are not completely on terra firma, nor completely submerged in ocean water. One such organism that exists at the space in between land and sea—the brown alga commonly known as Rockweed (Ascophyllum nodosum) presents an intriguing legal question with implications that extend far beyond the shoreline. Recently, in Ross v. Acadian Seaplants Ltd. , the Supreme Judicial Court of Maine (Court) …

Access For The Future: Improving Maine's Implementation Of The Public Trust Doctrine Through Municipal Controls To Ensure Coastal Access For Continuing Benefit To Maine's People And Economy, Allison M. Kuhns

Ocean and Coastal Law Journal

The public trust doctrine generally guarantees the public access to the shoreline, which is held in trust for the public by the state. In Maine, a pre-Revolutionary War ordinance limits the public trust doctrine by granting private landowners rights to the same shoreline areas. Access to the shoreline area is subject to frequent legal battles and court decisions have not cured the conflict between the public's rights and the private landowners' rights. Maine's economy relies heavily on public access to the shoreline. This comment suggests that the public's rights should be protected. First, the public trust doctrine does not violate …

Why Coastal Maine Needs A Wrap Around Drug Court, Haley K. Hunter

Ocean and Coastal Law Journal

Opioid use and abuse is a national crisis that has taken its toll on small Maine communities. Among those hardest hit, are the small coastal communities that are the heart of Maines lobster and fishing industries. These areas are remote, and do not have the resources to deal with the opioid crisis as it continues to grow, which could have detrimental effects on an industry that makes up a large part of Maine’s economy. Further, while many lobstermen and fishermen suffer from opioid addiction, very few seek help or treatment for the disease. This comment suggests that the Maine judicial …

Ten Years Of Tidal Energy Experience With The Maine Ocean Energy Act, John Ferland

Ocean and Coastal Law Journal

The State of Maine is ten years into a compelling and sweeping economic vision, called the Ocean Energy Act. This Act was established to create a new renewable energy industry out of the Gulf of Maine. This paper focuses specifically on the tidal energy development experience under the Act. It explains the background about the Act’s intent, documents the actual experience of tidal energy development in the Maine economy, and predicts how the industry might unfold over the next decade.

Editorial Board Vol. 25, No. 2 (2020), Seth M. Adams Ii Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

Recovery For Causing Tax Overpayment - Lyeth V. Hoey And Clark Revisited, Douglas A. Kahn, Jeffrey H. Kahn

Law & Economics Working Papers

The question has arisen in numerous cases as to the extent to which a settlement between arms’ length parties is dispositive in tax cases of the claims on which the settlement is based. Another issue that often arises is whether the receipt of compensation for a tax payment that was incurred because of the negligence of the payor is excluded from gross income. While those two issues were central to the proper resolution of a recent case in the United States Court of Appeals for the Eleventh Circuit, McKenny v. United States, the court failed even to note one of …

Gwu Senior’S Research Examines How Fast Fashion Violates Human Rights Laws By Office, Office Of University Communications

Gardner-Webb NewsCenter Archive

Gardner-Webb University senior Carlee Winstead, of Wilmington, N.C., plans a career in the field of social justice. “Ideally, I want to work for an organization that advocates for policy reform that would better the lives of those who are disproportionately at risk in their communities,” she affirmed. “All people are deserving of justice, and nothing should stand in the way of them not being equal to the person next to them, especially policies that exist in those communities.”

State Of Utah, Plaintiff/Appellee V. Antonio Valentin Ruiz, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE JUDGMENT, CONVICTION AND SENTENCE ON ONE COUNT OF POSSESSION OF A DANGEROUS WEAPON BY RESTRICTED PERSON, A SECOND-DEGREE FELONY, IN VIOLATION OF UTAH CODEAN N. § 76-10-503, IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY, STATE OF UTAH, THE HONORABLE JUDGE REUBEN RENSTROM PRESIDING

JEFFREY S. GRAY, SEAN D. REYES

JOSEPH JARDINE, Attorneys for Defendant/Appellant

Recovery For Causing Tax Overpayment - Lyeth V. Hoey And Clark Revisited, Douglas A. Kahn, Jeffrey H. Kahn

Law & Economics Working Papers

The question has arisen in numerous cases as to the extent to which a settlement between arms’ length parties is dispositive in tax cases of the claims on which the settlement is based. Another issue that often arises is whether the receipt of compensation for a tax payment that was incurred because of the negligence of the payor is excluded from gross income. While those two issues were central to the proper resolution of a recent case in the United States Court of Appeals for the Eleventh Circuit, McKenny v. United States, the court failed even to note one of …