Law Commons^™

Neuroscience And The Model Penal Code's Mens Rea Categories, Andreas Kuersten, John D. Medaglia

Duke Law Journal Online

This Essay addresses recent research and commentary regarding the potential contributions of cognitive neuroscience to law. For the first time, cognitive neuroscience methods have been brought to bear on the Model Penal Code’s (MPC’s) culpable–mental state categories through a neuroimaging study seeking to identify the neural correlates of knowledge and recklessness. Subsequently, this study has been presented as a paradigm for utilizing cognitive neuroscience to answer important legal questions. However, the original experiment appears to suffer serious experimental-design and conceptual limitations, belying subsequent advocacy for the legal utility of cognitive neuroscience. This Essay methodically details these limitations and argues that …

U.S. Proposal For Minimum Tax Rate, Henry Tan

Cardozo International & Comparative Law Review (CICLR) Blog

One of the White House’s most ambitious foreign policy projects is establishing a global, minimum corporate tax rate. The proposal aims to lessen the ability of global corporations to “shop around” and prevent the “‘race to the bottom.’” The fledgling minimum tax proposal touches on various issues: the interests of smaller nations vis a vis their larger peers, American technology giants, and the Biden Administration’s plans to raise domestic tax rates to fund the administration’s ambitious economic and social policy bills.

This post was originally published on the Cardozo International & Comparative Law Review website on October 13, 2021. The …

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

The Relationship Between Seaworthiness And The Duty Of Disclosure Under The Marine Insurance Contract: An Analysis Of Uae, Us And English Law, Dr. Derar Al-Daboubi

UAEU Law Journal

This article examines the influence of seaworthiness of ship on the contract of marine insurance. Through the discussion the author will thoroughly analyse the relevant provisions of English, US and UAE Law. The article will start with an introduction on the seaworthiness of vessel and then, the obligation of seaworthiness of ship that will be examined under the rules of the contract of carriage of goods by sea. The examination in this part will be dedicated to the relevant rules of contract of carriage of goods by sea under English law which adopts the Hague-Visby Rules and US law that …

Right To Informational Self-Determination As A General Civil Right: Analytical Study Of The European Regulation For The Protection Of Personal Data And The Provisions Of European Judiciary, Dr. Mohammed Hasson Ali

UAEU Law Journal

The research discussed the right to informational self-determination as a general civil right, which was inaugurated through the work analyzed by the European regulation of personal data protection under the European judiciary.

It was defined as the human right to control and monitor the processing of his personal data under a contractual or legal bond.

It included many properties, the highest of the importance of which:

The right of the subject to access his processed data, The right to transfer it, The right to correct it, The right to delete it ( the right to be forgotten), The right to …

In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Dr. Yousef Mohammed Shandi

UAEU Law Journal

This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …

Cases Of Lifting The Swiss Banking Secrecy In Financial Crimes, Dr. Marwa Youssef Elbesiky

UAEU Law Journal

Banking secrecy is the most important obstacle facing the disclosure of financial crimes especially corruption and tax crimes where criminals commit corruption, theft, embezzlement, and tax evasion crimes and deposit their assets in countries that have strong banking secrecy provisions such as Switzerland in order to hide their illegal assets. Recovering those assets from Swiss banks which have strong banking secrecy, an issue that demands further exploration, is something that this research intends to undertake.

In this regard, this paper will analyse the Federal Act No. 955 of 1997 on Combating Money Laundering and Terrorist Financing in the Financial Sector. …

Towards The Application Of Artificial Estimation By The Public Administration In Government Sectors, Dr. Amira Badr

UAEU Law Journal

Due to the extraordinary emergency conditions that countries face and affect the performance of administrative authorities and their ability to provide services in public facilities, there is no doubt the emergency conditions that the world is witnessing at the present time, such as the Corona pandemic, has established the necessity towards the development of administrative authorities’ agencies for their digital utilities. And the use of artificial intelligence technologies and their development to enable them to make an administrative decision instead of the human employee.

Then the question arises: Can we, in light of the technological developments that we live now, …

Problems Of Conflict Of Laws On The Issue Of Inheritance Between Those Of Different Religions Under The Algerian Law: Analytical Study, M’Hamedi Bouzina Amina

UAEU Law Journal

What is established in Islamic law is the non-permissibility of inheritance between the Muslim and non-Muslim, which is also the case in the Arab laws, including the laws of countries that define the sectarian diversity of personal status; as in Egyptian law through Article VI of Law No. 77 of 1943 On the inheritance of non-succession between the Muslim and non-Muslim, which was followed by the Lebanese law of June 23, 1959, but if we return to the Algerian law, we find that he did not establish a base of attribution on this issue, and in the absence of a …

Judicial Applications Of The Rule “Lesson In Contracts Is For The Purposes And Meanings Not For The Words And Premises" In The Egyptian Civil Law And The Perspective Of The Uae Civil Transactions Law, Dr. Tahani Hamed Abu Taleb

UAEU Law Journal

In this research, I tried to verify how the Egyptian Civil Law deals with the rule “Lesson in Contracts is for the Purposes and Meanings not for the Words and Says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations. For that purpose, understanding the rule from its origin (The science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

Although the Egyptian civil law has not mentioned this case, I tried to find …

Legal Protection For The Safety Of The Traveler In Commercial Space Flights: "A Study In Uae Law Comparing International Treaties And American Law", Alaa Yakoob Yousif

UAEU Law Journal

Commercial Space flights are no longer a fantasy. They are a promising reality, as they can be a means of transportation that will shorten time in the foreseeable future. While in their early steps, those flights undoubtedly need legal rules that support their existence and ensure their continuity. One of the most important rules are those regulating the legal protection of space flight parties, service providers and flight participants. This research deals with those rules, examining the concepts and exploring the regulations that could achieve such protection in the context of international treaties and national laws. Since the Emirati legislator …

October 2021 Events, Cardozo Fame Center

2021 Event Invitations

Featured Events:

NIL in Real Time

Tuesday, October 12 at 6:00 p.m.

Illicit Art and Cultural Property Trafficking Across Borders

Friday, October 15 at 12:00 p.m.

An Evening with Vanessa Friedman

Tuesday, October 19 at 6:30 p.m.

The Encore with Swizz Beatz

Wednesday, October 20 at 6:30 p.m.

Welcoming Shelters Into Every Neighborhood: The New York City Homeless Shelter System And What Must Change, Emily Silverman

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The COVID-19 pandemic has brought to light the importance of keeping unhoused people safe and helping to provide for their general needs. In New York City there was a daily average of 52,410 unhoused persons living in homeless shelters in the past year. Thus, not only is it necessary for the city to maintain shelters, but also to ensure that these shelters are continuously functioning with proper care and safety mechanisms.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on October 12, 2021. The original post can be accessed via the Archived …

State Of Utah Plaintiff - Petitioner, V. Alfonso Valdez, Defendant - Respondent : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On writ of certiorari to the Utah Court of Appeals

John J. Nielsen, Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

Will Swift Remain Relevant In The Face Of Cbdcs?, Camilla Oliva

Cardozo International & Comparative Law Review (CICLR) Blog

Whether it be about Bitcoin surging or falling, Dogecoin going viral, or Ethereum’s volatility, the narrative surrounding digital currencies and their lack of regulation and stability usually lies with crypto. When it comes to international transactions, crypto is known for surpassing regulators given its anonymous nature. However, most international transactions occur through banks, and digital currencies are far more versatile than simply crypto. Many central banks throughout the world are looking to expand into central-bank digital currencies, meaning that countries would issue an additional form of currency that is somehow linked to the existing currency.

This post was originally published …

Advancing Behavioral Health Literacy, James Scollione

Journal of Social, Behavioral, and Health Sciences

Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …

Law School Mental Health Awareness Week 2021, Cardozo Office Of Student Services & Advising

2021–2022 Flyers

No abstract provided.

Spring 2022 Clinical Program, Benjamin N. Cardozo School Of Law

2021–2022 Flyers

No abstract provided.

Week Of October 11, 2021 - October 15, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Art Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Life
• Cardozo Office of Student Services & Advising
• Cardozo Public Service Scholars Program
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Students for Human Rights …

Vol. 61, No. 07 (October 11, 2021)

Indiana Law Annotated

No abstract provided.

General Body Meeting, Cardozo National Lawyers Guild

2021–2022 Flyers

No abstract provided.

Mmu: 10/11/21–10/17/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Andrew Badger

2Ls Taking Ls: Rachel Collins

Ask a 3L: Jacqueline Lau

Ndls Communicator: Week Of 10.11.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Clearing Up Some Misconceptions About the Supreme Court’s Shadow Docket—and Its Critics
• First Generation Professionals: An Evening with Dean Cole
• Religious Liberty Initiative 2021-22 Student Cohort
• Nicole Garnett writes new report on school choice for Manhattan Institute
• Mary Ellen O'Connell to speak West Point
• Lloyd Mayer quoted in Texas Tribune
• Sam Bray quoted by AP
• Diane Desierto writes for EJIL: Talk!
• Jimmy Gurulé and Rick Garnett discuss Supreme Court cases on Bloomberg podcast
• Diane Desierto to give Nanovic Institute lecture
• Rick Garnett writes for Religious Freedom Institute
• Carter Snead quoted in USA Today

Alumni News

• Notre Dame …

Constructing Good Odr Systems, John Lande

Faculty Blogs

This post presents an article by Amy Schmitz and John Zeleznikow, Intelligent Legal Tech to Empower Self-Represented Litigants. It helps explain why ODR systems sometimes don’t fulfill parties’ needs. The article develops a typology of six functions that various ODR systems perform: case management, triaging, advisory, communication, decision support, and drafting. It includes a great appendix listing ODR systems and which of these functions they perform, noting that some systems perform multiple functions. It argues that artificial intelligence and data analytics have the potential to help self-represented litigants and others pursue remedies and justice.

The Effects Of Missouri's Medicaid Expansion, Chandni Challa

SLU Law Journal Online

A Missouri Supreme Court ordered the Missouri legislature to implement a state constitutional amendment to expand Medicaid. In this article, Chandni Challa argues that this decision will undoubtedly affect the state economy, and based on empirical evidence from Michigan, provide a net benefit.

Identifying The Most Democratic Institution To Lead Criminal Justice Reform, Harry B. Dodsworth

Northwestern University Law Review

American criminal justice is in crisis, and most scholars agree why: unduly severe laws, mass incarceration, and disproportionate effects on minority groups. But they don’t agree on a solution. One group of scholars—known as the “democratizers”—thinks the answer is to make the criminal justice system more democratic. According to democratizers, layperson participation and local democratic control will impart sensibility into criminal justice reform. In short, a transfer of power away from distant lawmakers and toward local communities, which would craft their own criminal codes and elect their own prosecutors. This argument assumes that more local means more democratic—but what if …

Pure Privacy, Jeffrey Bellin

Northwestern University Law Review

In 1890, Samuel Warren and Louis Brandeis began a storied legal tradition of trying to conceptualize privacy. Since that time, privacy’s appeal has grown beyond those authors’ wildest expectations, but its essence remains elusive. One of the rare points of agreement in boisterous academic privacy debates is that there is no consensus on what privacy means.

The modern trend is to embrace the ambiguity. Unable to settle on boundaries, scholars welcome a broad array of interests into an expanding theoretical framework. As a result, privacy is invoked in debates about COVID-19 contact tracing, police body cameras, marriage equality, facial recognition, …

Stepification, Mitchell Chervu Johnston

Northwestern University Law Review

Multistep tests pervade the law to the point that they appear to be a fundamental feature of legal reasoning. Famous doctrines such as Chevron or qualified immunity take this form, as do more obscure doctrinal formulas. But surprisingly, these doctrinal formulations as a class are relatively new. The reality is that the intellectual moment that gave rise to Chevron was one in which multiple older doctrines that relied on multifactor balancing were replaced by new tests formulated as multistep inquiries in which each step was a discrete inquiry.

This Article provides the first historical and normative account of this phenomenon—which …

Redeeming Justice, Terrell Carter, Rachel López, Kempis Songster

Northwestern University Law Review

Approximately three decades ago, two of us, Terrell Carter and Kempis Songster, were sentenced to life in prison without the possibility of parole. The U.S. Supreme Court has said that this sentence, effectively an order to die in prison, represented a legal determination that we were irredeemable. In this Article, with insights from our coauthor and friend, human rights scholar Rachel López, we ask: What does it mean for the law to judge some human beings as incapable of redemption? Isn’t the capacity for change core to the human condition, and shouldn’t that be reflected in the law?

This Article …

Man Camps And Bad Men: Litigating Violence Against American Indian Women, Ana Condes

Northwestern University Law Review

The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The “man camps” constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that men will not be prosecuted for assaulting them. Victims have little recourse, facing underfunded police departments, indifferent prosecutors, and a federal government all too willing to turn a blind eye to the ongoing violence.

This Note proposes a litigation strategy for tribes to address the crisis and compel federal action. Litigation …