Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour

Public Land & Resources Law Review

The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.

The Rights Of Imprisonment Creditor And His Obligations In Jordanian Law, Issa Rabdi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Jordan addressed the legislature the right greenhouse in the articles 378 to 392 of the Civil Code, and the idea of this right confined to the creditor until the implementation of its commitment to the implementation of the city of commitment and thus limits the stop-creditor in the exercise of this right and the means to compel the debtor to fulfill, and that through its imprisonment of psychological or economic pressure on the debtor, which is often a place of detention. In order to be able to exercise the right of the creditor greenhouse there are concurrent conditions must be …

The Requirement Of Interest In The Judiciary Of The Jordanian High Court Of Justice, Salim Hatamla

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The condition of interest is considered as one of major principle which the administrative law jurisprudence depends on , because condition of interest is the cause of administrative case , which was stated in the terms of the supreme justice court code 1992 in Jordan , in which the legislator stated that , " any case will not be approved or accepted in front of this court unless the plaintiff (claiman ) has real and personal interest". It's determined that the interest in the case of nullity should not depend on a real right was tress passed or was threatened …

Appealing Judicial Rulings In The Cassation, A Comparative Study Between The Work Of The Sharia Court Of Appeal And The Regular Court Of Cassation, Muhammad Al-Zoubi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Empeaching the Judicial Judgement by Means of Cassation Comparative Study Exposes the work of the court of judicial appeal and the court of systematic cassation By Dr. Mohammad yonus al-zoubi Abstract Since judgement is a human activity ,it may be liable to errors , which lead to forfeit people’s rights and it contradicts the two main principles of the sharia of Islam :right and justice According to these Islamic principles , all people are equal in front of regulations and rules of Islam .This research clarifies one of the ways in which we can refute judgement in order to put …

The 2021 Race For Pa. Supreme Court: The Questions The Candidates Have To Answer, Bruce Ledewitz

Newspaper Columns

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

September 28, 2021: The Pennsylvania Supreme Court Race--I Don't Trust The Democrats And I Am Afraid Of The Republicans, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Pennsylvania Supreme Court Race--I don't trust the Democrats and I am afraid of the Republicans“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Digital Euro, Monetary Objects, And Price Stability: A Legal Analysis, Corinne Zellweger-Gutknecht, Benjamin Geva, Seraina Neva Grünewald

Articles & Book Chapters

The Eurosystem is mandated to safeguard price stability according to article 127 of the Treaty on the Functioning of the European Union (TFEU). Based on a theoretical and policy-oriented approach, this article sheds light on a second public good with enormous practical relevance both for financial markets and institutions as well as for the general public that the Eurosystem, and ultimately the European Central Bank (ECB), must safeguard according to article 128 TFEU: the availability of ideal monetary objects for the public.While monetary policy constitutes the instrument used to keep prices stable, the availability of ideal monetary objects is ensured …

Inferring Tax Compliance From Pass-Through: Evidence From Airbnb Tax Enforcement Agreements, Andrew J. Bibler, Keith F. Teltser, Mark J. Tremblay

Molasky Family Department of Economics and Real Estate Faculty Research

Tax enforcement is especially costly when market participants are difficult to observe. The benefits of enforcement depend crucially on pre-enforcement compliance. We derive an upper bound on pre-enforcement compliance from the pass-through of newly enforced taxes. Using data on Airbnb listings and the platform’s voluntary collection agreements, we find that taxes are paid on, at most, 24% of Airbnb transactions prior to enforcement. We also find that demand for Airbnb listings is inelastic, driving three key insights: the tax burden falls disproportionately on renters, the excess burden is small, and tax enforcement is relatively ineffective at reducing local Airbnb activity.

Police Officers' Perceptions Of The Law Enforcement Narcan Program And The Effectiveness In Fighting The Opioid Epidemic, James Russo

Seton Hall University Dissertations and Theses (ETDs)

Abstract

The purpose of this study was to investigate how police officers perceived the N.J. Narcan policy and standards in saving lives and deterring opioid use. This study also examined the impact of the law enforcement Narcan program in reducing the opioid overdose death rate. Participant interviews will be conducted, and thematic coding will be utilized to capture the dominant themes associated with the police officers’ perceptions of the N.J. Narcan policy and standards in reducing the opioid overdose death rate. Fifteen police officers will participate in the study, and their anonymity will be maintained to elicit transparent responses. This …

Ndls Communicator: Week Of 09.27.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Three ND Law professors cited in Sixth Circuit dissent calling for Roe v. Wade to be overturned
• Judy Fox appointed to new Indiana Commission on Equity and Access in the Court System
• Stephen Smith delivers Constitution Day lecture at LSU Law
• Mary Ellen O'Connell talks to Business Insider
• Lloyd Mayer publishes in TaxNotes
• Carter Snead writes for National Affairs
• Jeff Pojanowski speaks at Villanova Law School
• Sean Seymore speaks at Iowa Law

Student News

• Notre Dame Law students receive prestigious scholarships for women in real estate
• 1L Julia Ware navigates law school while playing soccer for Fighting …

Week Of September 27, 2021 - October 1, 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)
• Cardozo Family Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Labor and Employment Law Society
• Cardozo Moot Court Honor Society
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)

Ramirez V. Collier: Brief Of Scholars Of The Plra And Prison Grievance Systems As Amici Curiae In Support Of Petitioner, Margo Schlanger

Appellate Briefs

Amici are academic experts on the Prison Litigation Reform Act (PLRA) and prison grievance systems and legal scholars who teach and write on constitutional law, civil rights, and prison issues. This Court has asked the parties to address whether petitioner John Ramirez adequately exhausted his audible prayer claim under the PLRA. Amici aim to assist the Court in analyzing this question.<\p>

Amici have decades of experience interpreting, studying, and analyzing the PLRA and the grievance process. They understand how the PLRA is written and how it is applied. And, although amici seek the same result as the petitioner, they also …

Vol. 61, No. 06 (September 27, 2021)

Indiana Law Annotated

No abstract provided.

Mmu: 09/27/21–10/03/21, 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: Will Clark

2Ls Taking Ls: Chris Pillay

Ask a 3L: Sebastian Bellm

Brief Of Religious-Liberty Scholars Douglas Laycock, Steven T. Collis, Helen M. Alvare, Nathan S. Chapman, Elizabeth A. Clark, Robert F. Cochran, Teresa S. Collett, W. Cole Durham, Jr., Carl H. Esbeck, Richard W. Garnett, Christopher C. Lund, Michael P. Moreland, And Michael Stokes Paulsen As Amici Curiae In Support Of Petitioner, Steven T. Collis, Douglas Laycock, Richard W. Garnett

Court Briefs

No. 21-5592
John H. Ramirez v. Bryan Collier

On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

The state substantially burdens the exercise of religion if it coerces people to change their religious behavior or if it physically prevents religious behavior from occurring.

Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Your Location Will Determine Your Right To Physician Assisted Suicide, Zoe Neefe

Cardozo International & Comparative Law Review (CICLR) Blog

Do our rights stop at death? Individuals diagnosed with terminal illnesses are forced to think about not just when but how they are going to die. It is no surprise that some terminally ill patients cease to continue taking medication that would otherwise prolong their lives. Yet opinions become very divided when individuals seek assistance in forgoing life altogether. Physician-assisted suicide (PAS) is known by various titles across the world. In general, PAS is when a patient requests assistance in dying, without the doctor being civilly or criminally liable. Countries seeking to legalize PAS must strike a balance between the …

Olivia Rodrigo Retroactively Adding Songwriters: A Result Of Bad Copyright Law?, Albert Aini

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Olivia Rodrigo and her co-writer, Daniel Nigro, have retroactively given songwriting credits to artists they assert inspired parts of, or the essence of, their hit songs ‘good 4 u’ and ‘deja vu.’ The process of giving retroactive songwriting credit, in addition to a portion of royalties, has gained popularity over recent years. This may be a response to the rise of music copyright infringement lawsuits songwriters are facing, but it disincentives creativity, a main purpose of copyright law.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 27, 2021. The original post can …

Always Online Drm And Video Games, Olivia Yoon

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Digital rights management, or DRM, allows copyright holders to utilize technology to protect their digital files from unauthorized use. The technology used “controls access to content on digital devices” and “[i]deally . . . should equally protect the content owner’s, content creator’s, and content user’s rights under copyright law.” Access is controlled through a variety of methods, including permission management and encryption, and DRM has been used by many major companies, such as Microsoft’s PlayReady and Apple’s Fairplay.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 27, 2021. The original post can …

Introduction: Assuming A Critical Lens In Legal Studies: Reconciling Laws And Reality, Tanya Monique Washington Hicks, Courtney Anderson

Georgia State University Law Review

No abstract provided.

Joint Submission Of Ip Scholars, Re. Consultation On A Modern Copyright Framework For Artificial Intelligence And The Internet Of Things, Carys Craig

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Table Of Contents, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

In Memoriam, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders

Georgia State University Law Review

Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the intersection of anti-Black racism and interrogates how foundational immigration laws that exist outside constitutional norms have rendered Black immigrants invisible. At this intersection, Black immigrants experience a double bind where enforcement of immigration laws and the criminal legal system have a disparate impact resulting in disproportionate incarceration and deportation.

First, the Article …

Pandemic Policing, Christian Sundquist

Georgia State University Law Review

No abstract provided.

Member Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Against Discourse: Why Eliminating Racial Disparities Requires Radical Politics, Not More Discussion, Robert Weber

Georgia State University Law Review

Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today—in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its intended purpose? This Essay argues that most discussion about racial disparities is predicated on the faulty premise—grounded in the Habermasian concepts of discourse and communicative rationality—that antiracists will convince their interlocutors by engaging in a practice of rationalistic discourse among participants who share the objective and expectation …

Social Distancing As A Privilege: Assessing The Impact Of Structural Disparities On The Covid-19 Crisis In The Black Community, Olympia Duhart

Georgia State University Law Review

There is a harsh reality for people living with the COVID-19 restrictions in the same city. Though the virus has been called an equal opportunity threat, the truth is that it has had a deadly, disproportionate impact on Black and Brown people. The COVID-19 pandemic has crushed communities of color. Among Black Americans, who make up around 13% of the U.S. population, the COVID-19 infection and death rate are disproportionally high.

To curb the spread of this infectious disease, the CDC has advanced simple advice: apply social distancing guidelines. Social distancing (physical distancing) requires people to keep at least six …

Racial Triangulation, Interest-Convergence, And The Double-Consciousness Of Asian Americans, Vinay Harpalani

Georgia State University Law Review

This Essay integrates Professor Claire Jean Kim’s racial triangulation framework, Professor Derrick Bell’s interest-convergence theory, and W.E.B. Du Bois’s notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to the United States, the model minority and perpetual foreigner stereotypes, Asian Americans’ positioning in the affirmative action debate, COVID-19-related hate and bias incidents, and Andrew Yang’s 2020 Democratic presidential candidacy. The Essay examines how racial stereotypes of Asian Americans have emerged through historical cycles of valorization and ostracism, as …

Less Prison Time Matters: A Roadmap To Reducing The Discriminatory Impact Of The Sentencing System Against African Americans And Indigenous Australians, Mirko Bagaric

Georgia State University Law Review

The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the incarcerated population yet only about 13% of the total population. The overrepresentation of African Americans in prisons is repugnant. Despite this, lawmakers for decades have been unable or unwilling to implement reforms which ameliorate the problem. This is no longer politically or socially tolerable in light of the …