Law Commons^™

A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings

Louisiana Law Review

The article explores the practical consequences that result from Louisiana's human embryo statutory scheme and the language used to define the legal status of pre-implantation embryos.

Intellectual Property Rights And The Rule Of Law, Jorge L. Contreras

Utah Law Faculty Scholarship

The subject of this conference is the “Rule of Law”, so I would like to address my opening comments to a trending narrative that casts opposition to the demands of patent holders as a form of lawlessness. This narrative specifically takes aim at a practice that has been termed “efficient infringement” – the idea that a firm may rationally decide to infringe patents either because it will be too costly for the patent holder to enforce its rights in court, or because it is happy to take its chances in court, where an asserted patent may be invalidated and where …

Nine Justices And #Metoo: How The Supreme Court Shaped The Future Of Mandatory Arbitration And Sexual Harassment Claims, Tamra J. Wallace

Maine Law Review

When the Federal Arbitration Act was signed into law in 1925, none would have guessed it would be used to perpetuate a system of silence surround workplace sexual harassment. With the Supreme Court’s continued stance to liberally applying the Act to uphold arbitration agreements contained within employment agreements over the past decades, it is apparent that any change needed to protect vulnerable workers will need to come from federal legislation. The rise of the #MeToo movement across the nation, and throughout various employment sectors, may be the push needed to bring about the necessary change.

A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter

Maine Law Review

The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the responsibility, …

Reflections On The Church/State Puzzle, Kermit V. Lipez

Maine Law Review

No abstract provided.

Going Rogue: Independent Grand Juries Throughout America, Nino Monea

Maine Law Review

Grand juries today do little more than passively approve (almost never disapprove) indictments proposed by prosecutors. But this stands in stark contrast to grand juries in the past. They investigated cases themselves and their purview went well beyond criminal matters. This Article looks in-depth at three historical cases where grand juries not only conducted major investigations but took on major additional roles. They ousted corrupt public officials, ran their cities in the interim, or booted prosecutors that failed to do their jobs. These examples demonstrate that grand juries in modern society could have a more robust role in the justice …

Reimagining State Banking Regulators: How The Principles Underlying The Consumer Financial Protection Bureau Can Serve As A Blueprint For A New Regulatory Federalism, Seth Frotman

Maine Law Review

With hundreds of millions of Americans owing more than $14 trillion in combined household debt, a robust consumer financial protection framework is necessary to protect consumers when accessing critical credit markets. America relies on a complimentary system of regulatory federalism to uphold these protections, premised on robust state oversight and enforcement. However, the current implementation of this system is failing to meet the needs of this moment. Since the Great Recession, federal policymakers and regulators have devoted significant energy and resources to strengthen the oversight and accountability mechanisms of the consumer finance market—but these efforts have largely overlooked the need …

Foreword: Consumer Financial Protection Budget Proposal In California, Richard Cordray

Maine Law Review

No abstract provided.

News Literacy Skills Among Undergraduate Law Students In The Age Of Infodemic, Jibran Jamsheed Mr., Salman Bin Naeem Dr.

Library Philosophy and Practice (e-journal)

Objectives: The objective of this study is to identify the news literacy skills of law students, their ability to encounter fake news, as well as their news sharing behavior.

Research Methodology: A survey was conducted in two public sector universities of South Punjab i.e. The Islamia University of Bahawalpur and the Bahauddin Zakariya University of Multan. The population of the study comprised of undergraduate law students of the participating universities. The three-part questionnaire was used to collect the data on demographic information, perceived news literacy skills, and news sharing behavior. The collected data were analyzed using a statistical …

A Message For Law Students To Prepare Themselves For Legal Practice, John Lande

Faculty Blogs

This post includes suggestions to help plan self-directed learning to supplement what students learn in law school. It recommends that students (1) appreciate the values and limitations of the law, (2) recognize the “hidden curriculum” in law school, (3) understand that “thinking like a lawyer” really is about helping clients achieve their goals, (4) develop a strategic plan for their education, (5) compile a portfolio, (6) take clinical, externship, and practice courses, (7) interview practitioners, and (8) join the ABA and other bar and professional associations.

November 10, 2020: How I Reacted Last Time To Demands For Recounts, Bruce Ledewitz

Hallowed Secularism

Blog post, “How I Reacted Last Time to Demands for Recounts“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Gsa’S Delay In Recognizing The Biden Transition Team And The National Security Implications, Katherine A. Shaw, Ryan Goodman

Online Publications

Pressure is mounting on a usually low-profile government official to activate the full range of resources ordinarily provided to an incoming administration’s presidential transition team. Under the Presidential Transition Act of 1963, a statute that has been revised a number of times since passage, it is not until the Administrator of the General Services Administration (GSA) “ascertain[s]” the “apparent successful candidate” of a presidential election that the president-elect and his transition team gain access to the office space, funds, briefings, and other government resources necessary to effect a smooth and effective transfer of power.

Making Sense Of Nonsense Jurisprudence, Dan Priel

All Papers

Did Ronald Dworkin think morality is timeless? He did not. But he did think it was universal, right? No to that as well. Turning to jurisprudence, did he think that morality is a criterion of legal validity? No. But he thought morality is part of the law, didn’t he? Not quite. How can you say this? Is it not obvious that Dworkin was not a legal positivist? In that case, he must have been a natural lawyer. Actually, he was neither. So you’re saying that Dworkin invented a new theory of law? No, his views are a version of a …

The Interplay Of International Obligations Connected To The Conduct Of Others: Toward A Framework Of Mutual Compliance Among States Engaged In Partnered Warfare, Berenice Boutin

International Law Studies

This article examines international obligations that arise in relation to the conduct of other States, and analyzes how they apply and interact in the context of partnered warfare. It investigates rules of State responsibility relevant to the context of partnered warfare, as well as primary norms that impose obligations connected to the conduct of others. In essence, they consist of obligations not to actively help to or to blindly let others do what a State would not do itself. It is argued that, taken together, these rules form the contour of an overarching framework of mutual compliance among States cooperating …

Melita Farley, Plaintiff/ Appellee V. Erselen Rayne, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From The First Judicial District Court Honorable Brian Cannell, Case No: 150100249

Roger H. Hoole 5089, Attorney for Plaintiff/Appellee

Daniel F. Bertch, Attorneys for Defendant/Appellant

An Argument For Supreme Court Term Limits, Hailey B. Petrick

Cardozo International & Comparative Law Review (CICLR) Blog

The United States Supreme Court is meant to be above politics, but in reality, it has been politicized since its inception. Republican presidents appoint conservative justices while Democrats appoint liberal justices. Currently, six of the nine Supreme Court justices have been appointed by a Republican president, even though a Republican nominee has not won the popular vote in a presidential election since 2004, effectively creating a Court that is already politically stacked against the preference of a majority of Americans. Even Justice Neil Gorsuch, a Republican-appointed Supreme Court Justice, stated that the framers did not want "nine old people in …

The Great Coronavirus Pandemic Of 2020—7 Critical Lessons, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The world is experiencing a once-in-a-lifetime pandemic, causing untold human suffering and death, unraveling of social relationships, and robbing individuals of livelihoods and countries of prosperity. The coronavirus pandemic has strained health systems, revealed unconscionable inequalities, and upended international institutions. Here are 7 critical lessons.

Depaul's Academic All-Stars

DePaul Magazine

Profiles of four faculty all-stars at DePaul University: Associate Professor Kelly Richmond Pope, a forensic accountant who has made several films capturing accounting fraud, including "All the Queen's Horses"; Research Professor of Law Patty Gerstenblith, who founded DePaul's Center for Art, Museum & Cultural Heritage Law and concerns herself with the problem of cultural heritage looting; psychology professors W. LaVome Robinson and Leonard Jason, who created the Success Over Stress Violence Prevention Program for youth exposed to violence; and Nezih Altay, a professor of operations management, who conducts research on humanitarian supply chain management.

Sysco Corp., American Zurich Insurance Company, And New Hampshire Insurance Company, Respondents/Appellants V. Utah Labor Commission, And Paul Roberts: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Brian Kelm Attorney for Appellee Roberts Christopher Hill General counsel for Appellee ULC

Brad Miller #10478 Attorney for Respondents Pollart Miller LLC

Vol. 59, No. 12 (November 9, 2020)

Indiana Law Annotated

No abstract provided.

Concluding Remarks: Miyo-Wîcêhtowin, R V Stanley, And Our Future As Lawyers, Signa A. Daum Shanks

Articles & Book Chapters

Miyo-wîcêhtowin. It is a term I have learned to express the idea of good behaviour; responsibility to others; and not forgetting those who are the most forgotten, the most in need of help, those whose ways we most benefit from. It is Cree, but its nature and scope is not necessarily unique to Cree circles. It is reinforced by religious references, standards for professional certification and volunteer groups, and personal choices. It is also woven into Canada’s legal system, whether in judicial decisions or in academic or professional discussions. So while we can see it when appreciating cultural tenets or …

The Contested Boundaries Of Emerging International Migration Law In The Post-Pandemic, Ian M. Kysel, Chantal Thomas

Cornell Law Faculty Publications

One measure of how and whether the COVID-19 pandemic reshapes the emerging field of international migration law will be the extent to which transnational civil society and activist movements can counteract the intensification of state border controls that the pandemic has triggered. Before the pandemic, transnational efforts to establish a new normative framework for migration seemed to be accelerating. These efforts included new, if nonbinding, global compacts on refugees and migration, and new, if modest, efforts at facilitating global cooperation, alongside innovative approaches to scholarly engagement. Such developments arguably contributed to an emerging framework for protecting migrants under international law. …

Week Of November 9, 2020 - November 13, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Barbri
• Cardozo ADR Competition Honor Society
• Cardozo Center for Public Service Law
• Cardozo Entertainment Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Office of Alumni Affairs
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Startup Society
• Cardozo Tax Law Society
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)
• Latin American …

Postponing Federal Elections Due To Election Emergencies, Michael T. Morley

Washington and Lee Law Review Online

Federal Election Day didn’t just happen. Rather, it reflects the culmination of a series of federal laws enacted over the course of nearly seventy years. Each of those laws requires states to hold a different type of federal election on the same day. These statutes also grant states flexibility to hold federal elections at a later date if there is a “failure to elect” on Election Day. Based on a detailed examination of these provisions’ texts, legislative histories, and histories of judicial application, this Article explains that federal Election Day laws empower states to postpone or extend federal elections when …

Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law, Jonathan Baker

Contributions to Books

This essay provides a perspective on the role of antitrust law in protecting and fostering competition in the digital economy, with particular attention to online platforms. It highlights the danger of anti-competitive exclusionary conduct by dominant online platforms and describes ways that antitrust law can challenge and deter such conduct. The essay also identifies a number of difficulties that U.S. courts and enforcers face in challenging harmful exclusionary conduct by dominant platforms, and discusses some ways regulation can supplement antitrust law in fostering competition.

Hannah Vanlaningham Plaintiff/ Appellant V. Dr. Ryan Hart, Dds And, Hart Dental, Llc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory Appeal from the Fourth District Court, Utah County, Order of the Honorable Kraig Powell, Case No.180400540

David 0. Black Attorney for Petitioner/Appellant

Terence L. Rooney Attorney for Defendant/ Appellee

Mmu: 11/09/20–11/15/20, Student Bar Association

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3LOL: …

Obscene Trademarks: What Will Iancu Allow?, Carter Hall

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In recent years, the Supreme Court has made clear that the First Amendment applies to trademarks. In Matal v. Tam, the Supreme Court held that the statutory bar on “trademarks that may ‘disparage … or bring … into contemp[t] or disrepute’ any ‘persons, living or dead’” violates the First Amendment. In Iancu v. Brunetti the court struck down a bar on “the registration of ‘immoral[ ] or scandalous’ trademarks”, again on First Amendment grounds, determining that the term FUCT could be trademarked. In several concurrences in Iancu, justices argued that obscene trademarks can still be barred, due to the traditional …

Public Forums And Section 230—Should They Work Together?, Jack Madeb

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The First Amendment of the United States Constitution states, “Congress shall make no law . . . abridging the freedom of speech.” The right to freedom of speech allows individuals to express themselves without government interference or regulation. However, the level of protection speech receives depends on the forum in which that speech takes place. Some public forums may discriminate against certain classes of speakers or types of speech from being presented within that forum.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2020. The original post can be accessed via …

November 8, 2020: Joe Biden Wins, Bruce Ledewitz

Hallowed Secularism

Blog post, “Joe Biden Wins“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.