Law Commons^™

Panel 1: Tech, Platform, And Privacy — What The Future Holds, Renata Hesse, Cani Fernández, Bernard (Barry) Nigro, Jr., Sean Royall, Koren Wong-Ervin

Fordham Competition Law Institute

No abstract provided.

Welcome And Keynote Address, James Keyte

Fordham Competition Law Institute

No abstract provided.

Intersection Of Alcohol Law And Women's Rights, Mary Jane Saunders

Presentations

In this inaugural fall forum, Mary Jane D. Saunders (j.D. '81), Vice President and General Counsel of the Beer Institute, shared her extensive knowledge and experience on alcohol law and how it affected women's rights throughout American history.

Co-sponsored by the Association of Women Law Students.

H&P Lnvestments, Homer K. Cutrubus, And Phidia Cutrubus, Appellees V. Ilux Capital Management, Llc, Fortius Financial Advisors, Llc, Roberto G. Buchanan, And Jeff M. Bollinger, Appellants: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEES On appeal from the Second Judicial District Court, Weber County, Honorable Jennifer Valencia presiding

Troy L. Booher (9419) Beth E. Kennedy (13771) Dick J. Baldwin (14587) Zimmerman Booher Attorney for Appellants

James C. Lewis (1943) Chase Kimball (4993) Lewis Hansen Pleshe Flanders LLC Attorney for Appellees

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Judge Richard McKelvie, District Court No. 134901200

Angille K. Dakic, Utah Bar No. 12722, Pearson Butler, LLC, Attorney for Appellant

Martin N. Olsen and Beau J. Olsen, Utah Bar No. 6035/ Utah Bar No. 15213, Olsen & Olsen Law, LLC, Attorney for Appellee

Sara Ward, Appellant V. Meredith Mcgarry, Appellee: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Judge Richard McKelvie, District Court No. 134901200

Angille K. Dakic Utah Bar No. 12722 Pearson Butler, LLC. Attorney for Appellant

Martin N. Olsen and Beau J. Olsen Utah Bar No. 6035/ Utah Bar No. 15213 Olsen & Olsen Law, LLC Attorney for Appellee

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Judge Richard McKelvie, District Court No. 134901200

Angille K. Dakic, Attorney for Appellant

Martin N. Olsen and Beau J. Olsen, Attorney for Appellee

Autonomous Cyber Capabilities Below And Above The Use Of Force Threshold: Balancing Proportionality And The Need For Speed, Peter Margulies

International Law Studies

Protecting the cyber domain requires speedy responses. Mustering that speed will be a task reserved for autonomous cyber agents—software that chooses particular actions without prior human approval. Unfortunately, autonomous agents also suffer from marked deficits, including bias, unintelligibility, and a lack of contextual judgment. Those deficits pose serious challenges for compliance with international law principles such as proportionality.

In the jus ad bellum, jus in bello, and the law of countermeasures, compliance with proportionality reduces harm and the risk of escalation. Autonomous agent flaws will impair their ability to make the fine-grained decisions that proportionality entails. However, a …

“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray

Washington and Lee Law Review Online

This Note explores recent state efforts to reshape their respective Medicaid programs through Section 1115 waivers. Specifically, this Note looks at states that wish to convert their Medicaid program to a block grant through Section 1115 waivers. Examining the lawfulness of these waivers requires analyzing the language and application of both the Medicaid Act and the Administrative Procedure Act. This Note argues that any use of Section 1115 waivers to implement a block grant program would be a violation of the Medicaid Act and thus unlawful. Further, federal approval of such programs would be deemed arbitrary and capricious. To justify …

Panel 2: Understanding Network Effects In The Platform Context, Mike Cragg, Rosa Abrantes-Metz, Evan Chesler, Lars Kjølbye, Kai-Uwe Kühn

Fordham Competition Law Institute

No abstract provided.

Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum

Fordham Competition Law Institute

No abstract provided.

Heads Of Authority Q&A, James Keyte, Andrea Coscelli, Isabelle De Silva, Cani Fernández, Olivier Guersent, Margarida Matos Rosa, Gabriella Muscolo, Christine Wilson

Fordham Competition Law Institute

No abstract provided.

Welcome And Opening Remarks; Conflicting Decisions In Pharmaceutical Class Certification, James Keyte, George Korenko, Jeffrey C. Bank, Justin Bernick, Danielle R. Foley, Tram Nguyen

Fordham Competition Law Institute

No abstract provided.

The One Religious Question That Amy Coney Barrett Shouldn’T Have To Answer, Bruce Ledewitz

Newspaper Columns

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

October 7, 2020: The One Religious Question Barrett Should Not Have To Answer, Bruce Ledewitz

Hallowed Secularism

Blog post, “The One Religious Question Barrett Should Not Have to Answer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Access To Education And Affordable Housing (Panel Discussion), Serge A. Martinez, Deb Haaland

Faculty Scholarship

"Housing is not just about housing--there's a straight line from housing stability to educational achievement and other issues including public health, physical and mental health and community development."
- Professor Serge Martinez.

Congresswoman Deb Haaland held a discussion on access to education and affordable housing, particularly the importance of accessible education and the role evictions and financial stress play in education.

If the video is not playing, watch the panel discussion on Facebook (log-in not required).

A Purpose-Based Theory Of Corporate Law, Asaf Raz

Villanova Law Review (1956 - )

No abstract provided.

J.P. Carey Enterprises Amended Order On Cross Motions For Summary Judgment, Kelly Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Strategies To Bring Down A Giant: Auer Deference Vulnerable After Reprieve In Kisor V.Wilkie, Shelby M. Krafka

Villanova Law Review (1956 - )

No abstract provided.

Expansion Of New Law In Southeast May Stave Off Black Land Loss, Thomas W. Mitchell, Sarah Stein, Ann Carpenter

Faculty Scholarship

Landownership and homeownership are significant contributors to the creation of wealth and thus, drivers of intergenerational economic mobility. However, many people who have inherited family land are unable to realize these opportunities because of the legal effect of their particular form of landownership, often called heirs' property. These landowners are more likely to lose their land through what is known as a partition sale—a property sale resulting from a dispute between co-owners, often ignited by an outside party with an investment interest in the land. This Partners Update article explores the repercussions of heirs' property ownership and examines legislative solutions …

Challenges To The Conventional Wisdom About Mergers And Consumer Welfare In A Converging Internet Marketplace, Rob Frieden

Villanova Law Review (1956 - )

No abstract provided.

Long Live The King: The Supreme Court Of Pennsylvania's King's Bench Powers Rightfully Crown It As King Of The Commonwealth's Judiciary, Michael J. Schwab

Villanova Law Review (1956 - )

No abstract provided.

Determining The Perspective Of A Reasonable Police Officer: An Evidence-Based Proposal, Mitch Zamoff

Villanova Law Review (1956 - )

No abstract provided.

Lochner Lives On, Samuel Bagenstos

Other Publications

Samuel Bagenstos, University of Michigan In the early 20th century (the “Lochner era”), courts invalidated numerous labor and employment laws for violating a supposed constitutional “freedom of contract.” The Lochner-era decisions rested on a key premise—that workers and employers were equally free to enter into bargains, or not enter into bargains, with each other. Most lawyers think that the courts killed off Lochner during the New Deal. But Lochner’s principles have persisted—not in constitutional law, but in the law of labor and employment. Key foundational doctrines of labor and employment law continue to rest on the premise of equal bargaining …

Housing & Education Roundtable Discussion, Serge A. Martinez, Deb Haaland

Faculty Scholarship

View the Video: https://www.facebook.com/RepDebHaaland/videos/393076688380815/

Congresswoman Deb Haaland (NM-01), held a Facebook Live discussion on access to education and affordable housing. During her address, Congresswoman Haaland discussed the importance of accessible education during this pandemic. Haaland also mentioned the role evictions and financial stress play in education. COVID-19 risks have moved schools to virtual learning from home beginning in the Spring of 2020. Provisions in the CARES Act that protected families from falling behind financially including a $1200 stimulus payment, $600 additional weekly unemployment benefits, and eviction protections expired at the end of July, raising concerns about an increase in evictions …

Rising To The Covid-19 Challenge Together, Tracy Najera

The International Journal of Ethical Leadership

No abstract provided.

Contributors, The Contributors

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy: The U.S.--Iran Crisis, Tfp Radio Broadcast (Jan. 20, 2020)

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019)

The International Journal of Ethical Leadership

No abstract provided.

Reflections On The Power Of Mentorship, Jonathan Lee, Lisa N. Lindsay, Olivia Thomas, Grace Zhang

The International Journal of Ethical Leadership

No abstract provided.