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Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

Lamps Plus, Inc. V. Varela: Dark Times Ahead For Class Arbitrations, Joanna Niworowski

University of Miami Law Review

The Federal Arbitration Act (“FAA”) was enacted in 1925 to combat judicial hostility towards arbitration. Over the years, the U.S. Supreme Court has interpreted this statute as evidencing a pro-arbitration policy and has upheld the use of arbitration clauses in a variety of contracts. Unfortunately, while the FAA was able to overcome the hostility towards arbitration, it was not able to stop the Court from finding a new target: class arbitrations.

This Comment analyzes the Supreme Court’s recent decision in Lamps Plus, Inc. v. Varela. In critiquing the Court’s continued erosion of the availability of class arbitrations, this Comment considers …

Algorithms And Omertà: A Discussion Of Compatibility Between Seemingly Disparate Legal Spheres, Cameron Chuback

University of Miami Law Review

This Note assesses the viability of federal prosecutors’ use of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) to prosecute spoofing, a market manipulating trading practice characterized by the cancellation of large orders meant to artificially alter market prices. Traditional spoofing convictions have been difficult to secure because of spoofing’s complicated and esoteric nature and difficult-to-prove elements. Now, for the first time, prosecutors in United States v. Smith have indicted alleged spoofers under RICO, which Congress designed with the intent to overcome evidentiary difficulties in organized crime prosecutions, particularly prosecutions of the American Mafia. However, the disparity between spoofing and …

Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Unm Newsroom Interviews Nathalie Martin: Unm Law Professor Practices Yoga And Meditation In Stressful Times, Nathalie Martin, Maggie Branch

Faculty Scholarship

A professor at The University of New Mexico School of Law has become a very accomplished Yogi – someone who studies and is proficient in yoga. Nathalie Martin, who has been a part of the UNM law faculty since 1998, was featured in a magazine put together by the Property Brothers and HGTV regarding her Yogi status.

Week Of December 7, 2020 - December 11, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Chabad at Cardozo
• Jacob Burns Center for Ethics in the Practice of Law

State Of Utah, Plaintiff /Appellee V. Gino James Cecala, Defendant /Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Utah, The Honorable James Blanch

Jeffrey D. Mann, Attorneys for Appellee state of Utah

Gregory W. Stevens, Attorney for Appellant Gino James Cecala

One Ring To Rule Them All: Individual Judgments, Nationwide Injunctions, And Universal Handcuffs, Paul J. Larkin Jr., Giancarlo Canaparo

Notre Dame Law Review Reflection

A large and growing body of literature criticizes nationwide injunctions, although a handful of scholars have come to their qualified defense. The literature has focused on whether universal injunctions comport with the historic scope of federal courts’ equitable powers and are good policy to boot. Largely missing from the debate is a fulsome analysis of whether the Constitution or the Judicial Code authorizes federal courts to issue such injunctions and whether they are permissible under existing Supreme Court precedent. We argue that the answer to each question is “no.”

Parts I and II explain that no positive law authorizes universal …

Local Offenses, Brenner M. Fissell

Faculty Publications

Criminal law is generally thought to exist within two jurisdictional levels: federal and state. Neglected in the legal mind, and in legal scholarship, is the vast body of criminal law promulgated by local governments. While one should ask “what” is being criminalized by cities, towns, and villages, one should also ask “how” these offenses are written. The offense-drafting practices reflected in state criminal law have been extensively studied, but this has never been attempted for local offenses. This Article undertakes that task. After surveying a large number of local criminal codes, this Article concludes that local offenses routinely fail to …

The Singapore Global Restructuring Initiative, Aurelio Gurrea-Martinez, Smu Office Of Research

Research@SMU Infographics

The SMU School of Law has recently launched the Singapore Global Restructuring Initiative (SGRI) with the support of Ministry of Law. Led by Assistant Professor Aurelio Gurrea-Martinez, the SGRI is working on a variety of projects that seek to promote a better understanding of corporate insolvency laws.

Cardozo Law News Brief: December 4, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Richard Weisberg
• Peter L. Markowitz
• Samuel Weinstein
• Jocelyn Getgen Kestenbaum
• Lela Love
• Alexander A. Reinert
• Michel Rosenfeld

Campus News:

• Immigration Justice Clinic Wins in the Southern District: ICE Cannot Detain Immigrants without Prompt Access to Judges

An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo

Senior Honors Theses

This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt …

Disability Discrimination In Higher Education: The Enabling Spirit Of American Disability Legislation In Conflict With Judicial Interpretation, Travis Murray

Student Scholarship

Disabled individuals have historically been treated as second-class citizens in the United States. While improvements have certainly been made over time, disabled individuals still face significant barriers to enjoying full and equal participation in society. Higher education is one aspect of American society still lacking proportional representation of the disabled community. To try and understand why disabled Americans fail to thrive in higher education at rates approaching those of non-disabled individuals, this paper will examine the following: how the history of disability discrimination in America influenced passage of powerful anti-discrimination legislation; how American courts have generally interpreted that legislation to …

The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton

Proceedings from the Document Academy

This paper considers the efforts of the Stoker estate to stop an infringing work, Nosferatu, in a new medium while simultaneously attempting to create new vehicles to exploit the legacy of Dracula. Focusing on the works as they pass and transform through overlapping and related frames allows the consideration of both the private and public lives of the document. It also highlights the limitations of policy frames and the continuing relevance of these historical processes in discussions of the document.

The Service Facilities In The Theory And Practice Of Public Economic Law, Przemysław Ciszak, Marcin Kraśniewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article is devoted to the analysis of EU and national law in the field of access to service facilities. The paper aims to demonstrate that in the case of access to service facilities, which is a new instrument of economic regulation, we are dealing with an instrument of this regulation, which aims to develop goals other than ensuring competition in the rail sector. Second, the article’s purpose is to demonstrate that there is no unbundling in the relationship between a rail carrier and an operator of service facilities. Third, the paper indicates that access to service facilities is a …

Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon W. Penney, Afsaneh Rigot, Ram Shankar Siva Kumar

Articles & Book Chapters

This paper critically assesses the adequacy and representativeness of physical domain testing for various adversarial machine learning (ML) attacks against computer vision systems involving human subjects. Many papers that deploy such attacks characterize themselves as “real world.” Despite this framing, however, we found the physical or real-world testing conducted was minimal, provided few details about testing subjects and was often conducted as an afterthought or demonstration. Adversarial ML research without representative trials or testing is an ethical, scientific, and health/safety issue that can cause real harms. We introduce the problem and our methodology, and then critique the physical domain testing …

An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann

Senior Honors Theses

Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. Over time, Hong Kongers have seen Beijing blatantly tighten its grip before time was up for the fifty-year agreement since the handover in 1997. In 2014, and again in 2019, hundreds of thousands of citizens filled the streets to participate in pro-democracy demonstrations with the protests only gaining momentum and influence. While there has mostly been support for Hong Kong’s independence movement, there has been argument that Beijing’s actions are completely justified. Should Hong Kong remain autonomous from China, and …

From The Volume Editors, Michał Będkowski-Kozioł, Łukasz Gołąb, Magdalena Knapp

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Report On The Activity Of The Cars Climate And Energy Laboratory, Michał Krzykowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Comments On The Background And State Of The ‘Railways Of The Future’ Legislation, Marek Stolorz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this article is to examine the existence of legal solutions in Poland in the scope of the ‘railways of the future’ and to indicate a possible model of regulation of this matter. The term ‘railways of the future’ in the article means unconventional railways, characterized by significant differences from traditional railways, those are, in particular: magnetic railways and Hyperloop. In order to obtain a complete picture of the regulation of these means of transport, the regulations of the Federal Republic of Germany and the United States of America were examined. An analysis was also made of the …

Selected Formal And Legal Issues Related To The Implementation Of The Eu Directive On Interoperability And The Eu Directive On Safety, Michał Zięba

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents selected issues related to the implementation of the EU Interoperability Directive and the Safety Directive into the national legal system. Due to the need for administrative authorities to apply directly effective provisions of the 4th Railway Package, it may be necessary for these authorities to resolve conflicts with national law, which has not yet been adapted to EU solutions. Until Polish legislation is not fully adjusted to the regulations of the 4th Railway Package, it will be necessary to resolve conflict of laws rules ensuring the primacy of the application of EU provisions (in this case, implementing …

A Few Comments In The Context Of Ensuring The Effectiveness Of Judgments Issued By The Court Of Justice Of The European Union Against The Background Of The Judgment In Case C-512/10 European Commission V Republic Of Poland, Łukasz Trochym

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

On 30 May 2013, the Court of Justice of the European Union issued a judgment in case C-512/10 European Commission v Republic of Poland, in which it stated that the Republic of Poland had failed to fulfill its obligations under Article 6 clause 2 and Article 7 item 3 of Directive 2001/14 EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of fees for the use of railway infrastructure and the granting of safety certificates by enabling, when calculating the fee for the minimum access package …

Impact Of Polish Covid-19 Legislation On The Rail Transport Sector, Iwona Miedzińska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article deals with the issue of the impact of legal regulations on preventing, counteracting and combating COVID-19 (according to the legal status as of November 24, 2020) on the rail transport sector in Poland, including operating and obtaining permits by railway companies. The analysis covers, in particular, the institutional and legal solutions contained in the provisions of the regulation introducing limitations in connection with the occurrence of the epidemic and in relevant acts.

The So-Called ‘Market Pillar’ Of The 4th Railway Package And Its Implementation, Ewelina Nieznalska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The author analyses the most important changes introduced by the Act of February 13, 2020 amending the act on rail transport and certain other acts implemented by the market pillar of the 4th railway package. Discussed are the guarantees of independence and impartiality of the infrastructure manager, including the manager being part of a vertically integrated enterprise. Moreover, the paper covers also changes to the Act on railway transport in the field of licensing and access to railway infrastructure. The author also points to new forms of cooperation between the manager of the railway infrastructure, the railway operator and the …

M. Etel, A. Piszcz (Ed.), The Act On Road Transport. Commentary [Ustawa O Transporcie Drogowym. Komentarz], C.H. Beck, Warszawa 2020, Pp. 788, Grzegorz Kozieł

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

December 2, 2020: Reform The Electoral College, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reform the Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz

Newspaper Columns

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

The Third Circuit Searches For An "Economic Reality" In Verma V. 3001 Castor, Jack F. O'Connor

Villanova Law Review (1956 - )

No abstract provided.

The Human Dimension Of Peace And Aggression, Chiara Redaelli

International Law Studies

Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From The Judgment of The Third Judicial District Court of Salt Lake County, Honorable Elizabeth A. Hruby-Mills

Jay V. Barney, Attorneys for Appellant/Plaintiff

Sean N. Egan, Attorney for Appellees/ Defendants