Law Commons^™

Defending Bridgegate, George D. Brown

Washington and Lee Law Review Online

The Supreme Court’s decision in the “Bridgegate” controversy has been the subject of intense debate. It has received strong support. However, some critics assail the decision as representative of a pattern of recent cases in which the Court has shown itself as indifferent to political corruption, if not supportive of it. Somewhat lost in the discussion is the decision’s potential to be the foundation for a seismic re-alignment of anti-corruption enforcement in the United States. The current model—with federal prosecution as the norm—is not cast in stone.

Brief Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin As Amicus Curiae In Support Of Plaintiffs, Stephanie H. Barclay

Court Briefs

No. 1:20-cv-01284-GLS-DJS, Hon. Gary L. Sharpe
Yitzchok Lebovits v. Andrew M. Cuomo

From the Summary of Argument

Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear— from Jews during the Black Death, to Jehovah’s Witnesses During WWII, to Muslims after 9/11. Latest in a long and troubling line of such incidents are the statements and policies of Governor …

October 21, 2020: Get Rid Of The Filibuster--But Don't Pack The Court--Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “Get Rid of the Filibuster--but don't pack the Court--Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

We Need Independent Judicial Review. We Don’T Need The Filibuster. Let's Get Rid Of It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Tiktok And The Music Business, Cardozo Fame Center, Cardozo Entertainment Law Society

2020 Event Invitations

Cardozo School of Law's Entertainment Law Society and FAME Center welcomes music industry lawyers on both the artist and label sides and copyright and privacy law professors to discuss the impacts of the popularization of TikTok on artist development, music licensing, and copyright law.

Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal

Joint PIJIP/TLS Research Paper Series

No abstract provided.

An Everyday Lawyer’S Shakespeare, Carl J. Circo

Arkansas Law Notes

This summer, I enjoyed a unique opportunity to explore Shakespeare’s critique of law with a small group of students and a dear colleague in a study abroad program at the University of Arkansas Rome Center. I want to share my reflections on this singularly rewarding experience.

Cook Martin Poulson, P.C., Plaintiff And, Appellee V. Daniel G. Smith, Defendant And, Appellant: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Kevin K. Allen, District Court No. 140100505

Troy L. Booher (9419) Beth E. Kennedy (13771) ZIMMERMAN BOOHER Russell S. Walker (3363) WOODBURY & KESLER, PC Salt Lake City, Utah 84102 Attorney for Appellant/Defendant Daniel G. Smith

Thomas J. Burns (8918) Aaron R. Harris (12111) Elisabeth E. Calverts (12111) DURHAM JONES & PINEGAR, P.C. Attorneys for Appellee/Plaintiff Cook Martin Poulson, P.C

A 6-3 Supreme Court Could Allow The Government To Openly Discriminate In Its Policies, Katherine A. Shaw, Leah Litman

Online Publications

Over the past few days, the Supreme Court has agreed to hear challenges to hot-button Trump administration policies involving the border wall, an attempt to exclude noncitizens from the census breakdown used for allocating seats in Congress and limits on who can apply for asylum from Mexico.

Hog Farms: How Far Can The Legislature Go In Reducing Nuisance Actions?, John D. Runkle, Erin Lowder

NCCU Environmental Law Review

No abstract provided.

Who's Going To Pay For The Next Dam Disaster? The Complex Issues Emergency Managers Fact When Dealing With North Carolina's Failing Dam Infrastructure Communities, Stacy Hannah

NCCU Environmental Law Review

No abstract provided.

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.

Longstanding Regulatory Loophole Leaves Minority Pesticide Applicators Unprotected, Sandra Daussin, De'von Carter, Michael Moore

NCCU Environmental Law Review

No abstract provided.

Saving Our Wilderness (And Ourselves) Starts At Home: Local Conservation With An Emphasis On Watershed Protection, Brandon Mayes

NCCU Environmental Law Review

No abstract provided.

Abdin V. Ccc-Boone, Llc: Is Your Flood Complex Or Simple? A Better Formula Is Needed For Future Plaintiffs As 'Historic' Flooding Becomes More Common, Nicholas Patten

NCCU Environmental Law Review

No abstract provided.

Sex-Based Brain Differences And Emotional Harm, Betsy J. Grey

Duke Law Journal Online

Technological advances have allowed neuroscientists to identify brain differences between women and men, which may lead to explanations for sex-biased population differences in behavior and brain-based disorders. Although the research is at its early stages, this is an appropriate time to examine some of the potential legal implications of these findings. This Article examines that question in the context of tort law, especially how scientific findings may affect the use of the reasonable person standard in emotional injury claims. Specifically, studies suggest that there may be distinct sex-based mechanisms involved in reactions to extreme stress, raising the question of whether …

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, County of Salt Lake, State of Utah Honorable Kent Holmberg, Case No. 190908188

Darrel J. Bostwick ( 4543) Jonathan Rudd (11422) Ryan Rudd (11423) Meagan Rudd (10364) Bruce M. Pritchett (6781) Nick Nielsen (15902) Attorneys for Appellee, Ascent Construction, Inc.

James E. Magleby (7247) Jennifer Fraser Parrish (11207) Adam Alba (13128) MAGLEBY CATAXINOS & GREENWOOD PC Attorneys for Appellant, Sugarmont, LLC

Washington Cannabusiness: Washington’S Durational Residency Requirement Should Be Eliminated On Economic, Social, And Constitutional Grounds, Alejandro Monarrez

Seattle University Law Review Online

No abstract provided.

Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen

St. Mary's Law Journal

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key …

A Global Survey Of Potential Acceptance Of A Covid-19 Vaccine, Jeffrey V. Lazarus, Scott C. Ratzan, Adam Palayew, Lawrence O. Gostin, Heidi J. Larson, Kenneth Rabin, Spencer Kimball, Ayman El-Mohandes

Georgetown Law Faculty Publications and Other Works

Several coronavirus disease 2019 (COVID-19) vaccines are currently in human trials. In June 2020, we surveyed 13,426 people in 19 countries to determine potential acceptance rates and factors influencing acceptance of a COVID-19 vaccine. Of these, 71.5% of participants reported that they would be very or somewhat likely to take a COVID-19 vaccine, and 61.4% reported that they would accept their employer’s recommendation to do so. Differences in acceptance rates ranged from almost 90% (in China) to less than 55% (in Russia). Respondents reporting higher levels of trust in information from government sources were more likely to accept a vaccine …

Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank

Pepperdine Dispute Resolution Law Journal

In the following, I will initially present the terminological and analytical framework for handling pathological arbitration agreements (Part II). Against this background, I will analyze case law from USA (Part III), Singapore and Hong Kong (Part IV), and England (Part V) in order to establish under which circumstances Solution 1, Solution 2 and Solution 3 apply in respect of arbitration agreements containing non-existing and inaccessible elements. Finally, Part VI considers an adjoining—although fundamentally different—interpretation situation across jurisdictions. Part VII provides a summary as well as concluding remarks on the drafting of arbitration agreements.

The Use Of Alternative Dispute Resolution To Reduce The Perception Of Partiality In The Courts, In Order To Encourage International Entrepreneurship In Countries With National Ownership Requirements, Daniela Romagnoli

Pepperdine Dispute Resolution Law Journal

Countries that require international entrepreneurs to have a national partner (national ownership requirements (NOR)) in order to open up a new venture within their borders, run the risk of becoming less desirable to do business in. One reason for this is that some investors and international entrepreneurs may be wary of possible conflict being solved in a court system that shows a positive bias towards its citizens. This paper looks at the experiences of five international entrepreneurs involved in small and medium-size enterprises (SMEs) in Kenya and explores how their experiences have become a warning to others who see potential …

An Empirical Study Of Reforming Commercial Arbitration In China, Mimi Zou

Pepperdine Dispute Resolution Law Journal

This paper examines recent reforms to the regulatory and institutional framework of commercial arbitration in China, based on an empirical study conducted between 2018 and 2019 of semi-structured interviews with over 80 actors, including Chinese lawmakers and policymakers, judges, arbitration institutions, legal practitioners, academic researchers, and companies and users of arbitration. The author has also consulted a variety of primary materials including publicized laws, regulations and policies, official reports, data and statistics, and internal guidelines and policy documents of the various actors that were interviewed for this study.

Statements Of The Arbitration Decision According To Jordanian Law And French Law “A Comparative Study”, Noor Issa Al-Hendi

Pepperdine Dispute Resolution Law Journal

This study deals with the statements of the arbitration decision in a comparative study between the Jordanian arbitration law and the French Procedures law, by revising the legal texts related to specific statements required in the arbitration decision, according to each of them. This study also clarifies the implications of the omissions of these statements n in the arbitration decision.

Global Dispute Resolution Conference: Reflections, Trends, And Continued Development, Alexine Carr, Sukhsimranjit Singh

Pepperdine Dispute Resolution Law Journal

The Global Dispute Resolution Conference brought together scholars, students, attorneys, and professionals from across the country. Co-hosted by Pepperdine’s Straus Institute for Dispute Resolution and Prince Mohammad Bin Fahd University, the event drew perspectives from a wide range of cultures, areas of ADR, and career experiences. Grouped into two full days with distinct focuses, the conference covered topics from commercial ADR to the significance of history, culture, and faith. To open the discussion, Professor Muamar Salameh of PMU spoke to the audience on the importance of accepting the global differences in legal systems within international dispute resolution. His remarks were …

Winners And Losers In The American Political Debates Of The Nation’S Health: An Ethical And Moral Dilemma, Dr. Sheila P. Davis

Journal of Health Ethics

The third and final issue of the Online Journal of Health Ethics for 2020 presents two poignant articles that are rankled with current health ethics and moral issues as the world races to a resolve for the COVID pandemic. There appears to be no easy, quick-fix solutions to the pandemic that has claimed over 1.11 million lives worldwide in this first wave. The Gellert article addresses his view of the U.S. government’s political response and the Gunn article presents an ethical perspective of the emerging promised vaccine to halt the virus.

The Further Downfalls Of Dcfs During The Covid-19 Pandemic, Josie Finch

SLU Law Journal Online

The COVID-19 pandemic has brought nationwide trials and tribulations but in Illinois, it has brought further complications to an already struggling Department of Children and Family Services. In this article, Josie Finch discusses the consequences of isolation and economic issues on at-risk children in Illinois as a result of the COVID-19 pandemic.

Practical Truth: The Value Of Apparent Honesty In Supreme Court Opinions, Timothy C. Macdonnell

Catholic University Law Review

The focus of this Essay is on the importance that apparent honesty has on the persuasive force of Supreme Court opinions. Legal scholars and Supreme Court Justices have observed the connection between the Court’s legitimacy and the persuasive force of its opinions. Because the Court’s opinions are both an exercise of the Court’s power and the justification for that power, the Justices’ opinions must be persuasive.

The study of rhetoric has long recognized three methods of persuading an audience of the correctness of a particular view. Those methods are appeals to logic, credibility, and emotion. Of theses three methods, I …

Vol. 59, No. 09 (October 19, 2020)

Indiana Law Annotated

No abstract provided.