Law Commons^™

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Raising The Impact Factor Of The Library: Using The U.S. News & World Report’S Upcoming Academic Impact Law School Rankings To Boost The Academic Standing Of Law Librarians, Paul J. Mclaughlin

Library Faculty Publications

This article recommends that law libraries and their librarians use the upcoming U.S. News & World Report’s academic rankings for law schools as an opportunity to enhance academic law libraries’ standing in the legal profession and to elevate law librarians’ statures within law schools.

Cardozo Law News Brief: September 18, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Deborah Pearlstein
• Christopher Buccafusco
• Kathryn Miller
• Edward Zelinsky

Campus News:

• Dean of Career Services Carey Bertolet Grand Speaks to NY1 on Financial Burdens of Delayed Bar Exam
• Rudenstine Fellow Defends NYC’s Children

Events:

• CLIHHR Book Talk
• CJCR International Advocate for Peace Award

Bank Resolution And Creditor Distribution: The Tension Shaping Global Banking –Part Ii: The Cross-Border Dimension, David Ramos, Javier Solana

University of Miami Business Law Review

New bank resolution frameworks that aim to address the complex task of managing the collapse of a large financial institution stand in considerable tension with basic principles and policy objectives of insolvency law. In this two-part study, we present an analytical framework that aims at helping us understand how this tension can undermine the effectiveness of the new bank resolution frameworks. In the first part of this article, we introduced our three-layered framework and explored its first two layers: the group dimension, and the duality of crisis-prevention and crisis-management tools. In this Part II, we explore the last layer: the …

The Bleeding Edge: Theranos And The Growing Risk Of An Unregulated Private Securities Market, Theodore O'Brien

University of Miami Business Law Review

America’s securities laws and regulations, most of which were created in the early twentieth century, are increasingly irrelevant to the most dynamic emerging companies. Today, companies with sufficient investor interest can raise ample capital through private and exempt offerings, all while eschewing the public exchanges and the associated burdens of the initial public offering, public disclosures, and regulatory scrutiny. Airbnb, Inc., for example, quickly tapped private investors for $1 billion in April of 2020, adding to the estimated $4.4 billion the company had previouslyraised.2 The fundamental shift from public to private companies is evidenced by the so-called “unicorns,” the more …

The United States: Big Data, Little Regulation, Megan Valent

University of Miami Business Law Review

In the United States today, there is no single law to address the privacy concerns associated with the collection of consumer data. Lawmakers have introduced policies that seek to address data privacy at the federal level, but Congress has not yet acted to create a comprehensive law to protect consumers. On the contrary, in 2016, the European Union passed its General Data Protection Regulation to address the dangers associated with “Big Data” and to give consumers control over their data.

Unfortunately, in the United States consumers are often unaware of how their data is being handled and what is done …

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Smart Contracts: Implications On Liability And Competence, Ryan Hasting

University of Miami Business Law Review

Smart contracts are increasingly popular in business and law. Smart contracts are also becoming increasingly complex. Advances in technology allow smart contracts to handle far more intricate transactions than the traditional—and simple— vending machine example. With increased complexity comes increased responsibility. When parties rely on an attorney to review or draft a smart contract, that attorney must understand what he or she is reading or writing. Smart contracts, however, are not written in a language most attorneys can understand, let alone write. While a general description of the contract may be translated into plain English, the contract itself is written …

Uber And The Need For Particularized Regulation, Kayla Marie Heckman

University of Miami Business Law Review

With technology constantly evolving, the law must evolve with it. Uber Technologies, Inc. (“Uber”) has transformed the transportation industry by making transportation readily available with the touch of a button on one’s mobile phone. Uber is now one of the leading companies in transportation and operates worldwide. While this expansion has been great for consumers, it has come with significant drawbacks and challenges. Uber threatens the taxi industry, the cities in which it operates, and even its own drivers. This Note will discuss how Uber’s rapid growth is disrupting transportation in major cities quicker than its impact can properly be …

Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty, Sydney Thurman-Baldwin

University of Miami Business Law Review

As oil and gas continue to be hot commodities for national economies, the number of international arbitrations in the energy sector has continued to rise in recent years. As the utilization of International Arbitration continues to rise in Energy disputes, so does the invocation of The Energy Charter Treaty (“ECT”). The ECT promotes inter-governmental cooperation with contracting parties in the energy sector through its provisions on investment protection, provisions on trade, transit of energy, energy efficiency, environmental protection and dispute resolution. These provisions are considered to be the cornerstone of the treaty, fostering a ‘level playing field’ for foreign investments …

Airdrops: “Free” Tokens Are Not Free From Regulatory Compliance, Bridgett S. Bauer Esq.

University of Miami Business Law Review

No abstract provided.

Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

State Of Utah Plaintiff Appellee V. Garylee Bowers Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a probation revocation for attempted aggravated robbery, a second degree felony, in the Fourth Judicial District, Utah County, the Honorable James Brady presiding

HERSCHEL BULLEN, Counsel for Appellant

LINDSEY WHEELER, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RYAN MCBRIDE, Utah County Attorney's Office, Counsel for Appellee •

Uniform Maine Citations, 2020 - 2021 Edition (Superseded), Michael D. Seitzinger, Charles K. Leadbetter, Sara T.S. Wolff

Uniform Maine Citations

Uniform Maine Citations is organized so that similar types of references to Maine authorities appear together. The organization is grouped by primary or secondary research materials, including subdivisions for (1) statutory and legislative materials, including constitutions, statutes, legislative documents, and municipal ordinances; (2) court decisions, rules, and documents; (3) executive agency regulations, reports, and other documents; and (4) secondary materials that analyze and interpret the primary materials, including Maine-specific treatises, practice books, and legal periodicals. Beyond guidance for proper citation, the primary and secondary sources identified in this edition constitute a useful catalog of materials available to support research into …

Space Force: Battle Of The Trademarks, Sinead Mcgonagle

SLU Law Journal Online

Sinead McGonagle analyzes the implications and potential legal issues of both the U.S. Government and Netflix's use of the term "Space Force" under current trademark law.

Backgrounder To The Accompanying Report ‘’’Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?”, Cynthia Williams

Canada Climate Law Initiative

No abstract provided.

Kodiak America, Llc, And Steve Luczak, Plaintiffs/Appellees V. Summit County, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory Appeal from the third District Court, Salt Lake County, State of Utah Case No. 170908225, Honorable Keith A. Kelly

Margaret H. Olson (6296) Summit County Attorney Helen E. Strachan (9558) Deputy Summit County Attorney Blaine S. Thomas (17332) Deputy Summit County Attorney Attorneys for Appellant Summit County

Jonathan O. Hafen (6096) Robert A. McConnell (6611) Justin P. Matkin (8847) Laura G. Kennedy (7238) PARR BROWN GEE & LOVELESS, P.C. Attorneys for Appellees Kodiak America, LLC and Steve Luczak

Preserving An Independent Judiciary In Turbulent Times

Stanley H. Mervis Lecture

No abstract provided.

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.

U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …

National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour

Public Land & Resources Law Review

The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.

Greenlife Energy Solutions Order On Plaintiff’S Motion To Compel Production Of Documents, Kelly Lee Ellerbee

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

No abstract provided.

Vincent Meister, Appellant V. Salt Lake County, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY, STATE OF UTAH THE HON. SU CHON, CASE NO. 170907663

Jacque M. Ramos, David V. Pena, SLCO District Attorney's Office, Counsel for the Appellee Salt Lake

Andrew W. Stavros, STAVROS LAW P.C., Counsel for the Appellant Vincent

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : Brief Of Appellant, 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 Jonathan Rudd Ryan Rudd Meagan Rudd Bruce M. Pritchett Nick Nielsen THE RUDD FIRM, PC Attorneys for Appellee, Ascent

James E. Magleby Jennifer Fraser Parrish Adam Alba Matthew B. McCune MAGLEBY CATAXINOS & GREENWOOD PC Attorneys for Appellant, Sugarmont, LLC

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : Brief Of Appellant, 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 Ryan Rudd Meagan Rudd Bruce M. Pritchett Nick Nielsen Attorneys for Appellee, Ascent

James E. Magleby (7247) Jennifer Fraser Parrish Adam Alba Matthew B. McCune Attorneys for Appellant, Sugarmont, LLC

Book Review: A Citizen’S Guide To Impeachment, By Barbara Radnofsky, Wendy M. Rohleder-Sook

eJournal of Public Affairs

No abstract provided.

Alt Labor? Why We Still Need Traditional Labor, Martin Malin

All Faculty Scholarship

With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the workers they represent and to society as a whole. The union wage premium may not be as strong as it once was but it still remains and workers represented by unions are far more likely to have health and retirement benefits than their unrepresented counterparts. Moreover, it is through traditional transactional business unionism, that workers find protection from disagreeable …

Reflection On Shale Gas Fracking Risk Assessment And Management In The United States, Yosra Abid

Washington Journal of Environmental Law & Policy

Hydraulic fracturing, or fracking, is the current technology of choice for developing most shale gas reserves. This technology allows increased production of natural gas from formerly inaccessible shale formations. One of the primary environmental impacts of concern for fracking is its potential to contaminate water.

This paper focuses on the potential risks affecting the drinking-water resources throughout the complete lifecycle of a drilled and fractured well. Given the significant environmental concerns, fracking risk assessment (what we know about the risk), and fracking risk management (what we wish to do about the risk) appear to be indispensable steps for the enactment …

Table Of Contents

Washington Journal of Environmental Law & Policy

No abstract provided.