Law Commons^™

Gotta Catch ‘Em All!: The National Diet’S Inadequate Attempt To Control Manga Pirates, Sydney Landers

University of Miami Law Review

Internet piracy threatens Japan’s most popular cultural exports: manga and anime. Fans have taken to translating and distributing the works online for other fans to enjoy because official translated versions of manga and anime are released overseas later than the original in Japan, or they are never released at all. In order to combat the illegal downloading and distributing of manga, the National Diet, Japan’s legislature, passed an amendment to the Japanese Copyright Act that increases punishments for leech sites and illegal downloading of manga.
This Note discusses the manga and anime industries and their struggles with piracy before reviewing …

Slapping Back In Federal Court: Florida’S Anti-Slapp Statute, Harris Blum

University of Miami Law Review

Strategic Lawsuits Against Public Participation, or “SLAPPs,” are frivolous lawsuits used to silence and harass critics by forcing them to spend money on legal fees. An overwhelming majority of states have enacted anti-SLAPP statutes to shield against these lawsuits, recognizing their potential to chill free speech and healthy debate. Though anti-SLAPP statutes come in different shapes and sizes, they commonly employ procedural mechanisms such as expedited dismissal procedures, heightened standards at the pleading and summary judgment stages, and fee-shifting provisions. The unintended consequence of these features is that SLAPP filers can often elude the protections of anti-SLAPP statutes by filing …

Muzzling Anti-Vaxxer Fear Speech: Overcoming Free Speech Obstacles With Compelled Speech, Barbara Pfeffer Billauer

University of Miami Law Review

As the anti-vax industry continues to stoke fear and incite vaccine resistance, some means must be found to detoxify their false messages. Counterspeech, the preferred mode to deal with unfortunate rhetoric, is both ineffective and counter-effective when addressing factual “scientific speech” addressing health, I show here that many instances of the most potent anti-vax speech arise in the context of arguably commercial speech. I therefore investigate other free speech protections available to shield factually false anti-vax speech used in this context, concluding that while complete First Amendment protection may exist in the context of political speech (without proof of fraud), …

“Safe Spaces” And “Brave Spaces”: The Case For Creating Law School Classrooms That Are Both, Laura P. Graham

University of Miami Law Review

Over the past decade, the subject of “safe spaces” on college and university campuses has received much press. As originally conceived, the term “safe space” refers to an environment—often a physical space—in which “everyone feels comfortable expressing themselves and participating fully, without fear of attack, ridicule, or denial of experience.” And while this original conception may not seem controversial, the meaning of “safe spaces” as applied to higher education classrooms is a subject of ongoing vigorous debate. On one side of the debate are those who believe that safe spaces foster learning by making it possible for students to be …

2020-2021 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.

We’Ll Protect You! Oh, Wait, But Not You. Or You, You, Or You: The Consequences Of The Court’S Major Undertaking In Department Of Homeland Security V. Thuraissigiam, Jae Lynn Huckaba

University of Miami Law Review

For centuries, the writ of habeas corpus has been used to test the legality of restraints on a person’s freedom. The Founders, recognizing the significance of the protection, incorporated the writ into the Suspension Clause of our Constitution. In the last century, the Supreme Court has repeatedly held that noncitizens may invoke the Suspension Clause. Courts, especially in the immigration context, also expanded the definition of “in custody” for the purpose of habeas corpus to included non-detained persons in removal proceedings. The Supreme Court has departed from such precedent and gave new meaning to habeas corpus in the immigration context—a …

What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler

University of Miami Law Review

Recent lawsuits involving the Pirates of the Caribbean film franchise and the Oscar award-winning movie The Shape of Water required courts to wrestle with the application of the decisive scènes à faire doctrine. In doing so, the Ninth Circuit exposed the doctrine’s chief pitfall: the lack of a temporal framework.
The modern scènes à faire doctrine limits the scope of what authors can claim as substantially similar by excluding the standard or stock elements in a given expressive work from copyright protection. Courts will often conclude that a contested element is scènes à faire if it can be demonstrated that …

Blackwater Rising: The Legal Issues Raised By The Unprecedented Privatization Of U.S. Military Functions, Robert D. Peltz

University of Miami Law Review

The Army has used civilian contractors to provide supplies and services to its forces in the field since the Revolutionary War. These early contractors fed the cavalry’s horses and transported supplies. Over the years, the role of the civilian contractor has dramatically evolved. Following the Vietnam War and the end of the draft, there has been an ever-increasing privatization of functions previously performed by the military.
The wars in Iraq and Afghanistan, which began in response to the September 11 attacks and have only recently started to come to a formal end, have significantly accelerated this process. As a result, …

The Indonesian Government Participation In International Investment Law And Its Reform, Tito Bramantyo Aji

Indonesian Journal of International Law

International investment between countries is aimed at improving economic development of the state parties and its integration to the world economy. To attract foreign investors, the Government of Indonesia provides investment guarantees through BITs and domestic investment laws. However, in its implementation, those guarantees brought several disputes between Indonesian government and its foreign investors. Moreover, the BIT also shows an imbalance in the position between Indonesia as the host country and its foreign investors which affects the host state’s sovereignty. Reforms must be carried out in this area of law to strike a balance between the protection of foreign investors …

Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki

Archived Theses and Dissertations

No abstract provided.

Copycat Mass Killings: How Personality Might Moderate Identification With Antisocial Characters, Emily R. Mazzurco

Kean Quest

Research indicates that certain personality traits are prevalent within mass killers. Aggression, social rejection, narcissism, fame-seeking, low self-esteem, and depression are commonalities with mass killers, specifically mass shooters. Identification or idolizing antisocial fictional characters is also a common behavior within these types of offenders. These types of killers often draw inspiration for their own crimes from past criminals or from film and TV, thus committing what is known as a copycat crime. The purpose of the current study will be to examine the effects of social rejection and instigation on the likelihood of identifying with an antisocial character in young …

Week Of November 22, 2021 - November 26, 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 Public Service Scholars Program
• Jewish Graduate Student Initiative
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)

Ndls Communicator: Week Of 11.22.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Rice-Hasson Distinguished Lecture Series: Mary Ann Glendon
• Inalienable Rights and the Traditions of Constitutionalism Conference
• Christine Venter wrote for BYU Law
• Jay Tidmarsh quoted in the news
• Father John Paul Kimes speaks to NPR
• Jimmy Gurulé quoted in Newsweek
• Nicole Stelle Garnett publishes new report on private-school choice
• Rick Garnett on Bloomberg Law podcast: Religious Rights and State Secrets at SCOTUS
• Diane Desierto co-authors policy brief for Pulte Institute
• Sean Seymore to give talk at Harvard Law
• Emily Bremer participates in ABA panel discussion

Student News

• ND Law student speaks at National Association of Muslim Lawyers conference …

Trauma, André Douglas Pond Cummings

Law Faculty Scholarship

Meek Mill’s life and career have been punctuated by trauma. From childhood through his current adulthood, Mill has experienced excruciating trauma even as a well-known hip hop artist. In 2018’s track of that name Trauma, Mill describes in illuminating prose just how these traumatic experiences harmed and impacted him personally describing the very same harms that impact so many similarly situated young black people in the United States. Meek Mill, as a child, witnessed violent death and experienced poverty while as a young man he was arrested and incarcerated (wrongly). Despite his star turn as a true hip hop icon, …

Mmu: 11/22/21–11/28/21, Student Bar Association

Monday Morning Update

Weekly Activities

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Anthony Krempa

2Ls Taking Ls: Laura Mahoney

Ask a 3L: Phil Klindt

Vol. 61, No. 13 (November 22, 2021)

Indiana Law Annotated

No abstract provided.

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

Utah Supreme Court Briefs (2021– )

EMILY ADAMS, CHERISE BACALSKI, Counsel for Respondent

EMILY ADAMS, CHERISE BACALSKI, Counsel for Respondent

JOHN J. NIELSEN, SEAN D. REYES, RACHEL M. SNOW, Counsel for Petitioner

Rap Lyrics And Evidence Of Guilt: The Racial Impact Of The Weaponization Of Evidence Rules, Brooke Hodgins

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

Many who study the Unites States criminal justice system are quick to note that racial discrimination in the specific contexts of policing and incarceration leads to disproportionate outcomes for Black and Hispanic Americans. As these aspects of our justice system are riddled with racially disproportionate impacts, their prominence in the advocacy for criminal justice reform and legislative attention is undeniably warranted. However, there is also an area less prominent in the public conversation that has shown to play a substantial role in contributing to the racial disparity we see within our system today: state and federal rules of evidence. Specifically, …

The Use Of Solitary Confinement As A Form Of Covid-19 Quarantine In Prisons, Danielle Bluth

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

The COVID-19 pandemic has proven deadly and extremely challenging to control, making the need for rigid guidelines vital in maintaining a healthy community. The Center for Disease Control (CDC) has implemented specific guidelines which prisons and detention centers must follow in attempting to combat the COVID-19 virus. While it is essential to stop the spread, the differences between an individual quarantining at home and those doing so behind bars is palpable. The CDC requires that an incarcerated individual who has been exposed to the virus and or has tested positive must quarantine for fourteen days, keeping that “individual’s movement outside …

A Different Way To Tax Stock Buybacks, Reuven S. Avi-Yonah

Articles

In this article, Avi-Yonah reviews the Build Back Better Act, which would impose a 1 percent excise tax on corporate stock buybacks. He argues that while the measure is an effective way to raise revenue from high-income taxpayers, it will not address the main tax problem with buybacks: the tax exemption for foreign shareholders, which Congress should reconsider.

The Dream Of Property Professors, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Michael Heller and James Salzman's new book, Mine! How the Hidden Rules of Ownership Control Our Lives, is a dream come true for property professors.

I suspect that many of us have moments when we think to ourselves, "wow, this stuff is really interesting," imagining that property law could somehow be of general interest. Too often that dream is killed when the eyes of non-lawyers, including family members, start to glaze over when they hear words like rule against perpetuities or trademark. Heller and Salzman have succeeded in making the stories property professors tell the stuff of a bestseller. They …

Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Initiative In Support Of Petitioners, Nicole Stelle Garnett, Richard W. Garnett Iv, John A. Meiser, Steven A. Engel, Michael H. Mcginley, Eric D. Hageman, Justin M. Romeo, Lincoln Davis Wilson

Court Briefs

No. 20-1800
Harold Shurtleff v. City of Boston

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

From the Summary of Argument

Invoking the specious rationale of “government speech,” the City of Boston unconstitutionally singled out religious expression for hostile treatment. By lumping speech based on “religion” together with speech deemed “inappropriate,” “offensive,” “discrimin[atory],” or “prejudice[d],” Pet.App.20, the City adopted the increasingly common view that promoting our Nation’s vibrant pluralism requires the exclusion of religious perspectives from the public square. But that view is antithetical to the Founders’ conception of religion as central—not peripheral—to …

Federalism And The Limits Of Subnational Political Heterogeneity, James A. Gardner

Journal Articles

With an epidemic of democratic backsliding now afflicting many of the world’s democracies, including the United States, some scholars have suggested that federalism might serve as a useful defense for liberal democracy by impeding the ability of an authoritarian central government to stamp it out at the subnational level. In this Essay, I dispute that contention. An examination of both federal theory on one hand and the behavior and tactics of central control employed by ancient and early modern empires on the other leads to the conclusion that the protective value of federalism against the effects of national authoritarianism is …

Sexual Orientation & Gender Identity In International Human Rights Law: Existing Between The Lines, Mika D'Angelo

Cardozo International & Comparative Law Review (CICLR) Blog

There is no international treaty that directly acknowledges the rights of LGBTIQ+ persons or the right to protection from discrimination or violence on the basis of sexual orientation or gender identity. The International Bill of Rights concerns itself with the protection of persons on the basis of “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” This same language is found in Article 2 of the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights …

Parámetros Para Orientar Procesos Informales De Concertación En Movilidad Urbana Sostenible En Colombia, Erika Castro-Buitrago, Jorge E. Vásquez Santamaría

The Qualitative Report

El artículo propone desde un punto de vista jurídico los parámetros de actuación que pueden orientar los procesos de concertación informal sobre movilidad urbana sostenible entre autoridades y ciudadanos en Colombia, acudiendo a las experiencias de concertación informal de actores ciudadanos. Se empleó una metodología cualitativa, con enfoque sociojurídico y hermenéutica dialógica. La información empírica se recopiló a través de entrevistas semiestructuradas a informantes clave y el análisis de documentos. Los hallazgos mostraron que una buena parte de estos procesos tiene lugar de manera informal y los participantes no poseen directrices que dirijan su éxito. Además, la concertación de proyectos …

The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander

Archived Theses and Dissertations

No abstract provided.

“Under The Guise Of Public Health:” The Biden Administration And Title 42, Casey Plach

SLU Law Journal Online

In March 2020, the Trump Administration set forth a policy, now known as Title 42, which closed U.S. borders and allows government officials to immediately expel migrants—including asylum seekers—citing public health concerns in light of the COVID-19 pandemic. Still in effect today, Title 42 has faced criticism from legal experts and health experts alike, who claim the policy directly conflicts with asylum laws and has little basis in public health. In this article, Casey Plach explores this criticism and critiques the Biden Administration’s continued use of Title 42.

Critical Pedagogy In The Time Of Covid-19: Lessons Learned, Carol Christine Hordatt Gentles

Journal of Multicultural Affairs

The abrupt closure of universities due to the coronavirus pandemic caused unprecedented challenges for educators. They struggled to transition to online teaching almost overnight. This has raised questions about the readiness of Higher Education for digitalisation and hybridization of learning environments and focused attention on the renewal of teaching and learning models. It is incumbent upon those who practise critical pedagogy to join this conversation; the mandatory transition has raised difficult questions around how to ensure continuity of an agenda to offer students humanistic and democratic learning experiences in the new virtual reality. In this paper I offer a critical …

Collateral Damage: Discounted Medical Bills And Conflicting Applications Of Florida Statutes § 768.76 As A Rule Of Evidence, Benjamin J. Steinberg

Florida Law Review

No abstract provided.

Breaking Up And Making Out (Rich): Recommendations For Revision Of The Bankruptcy Code Provisions Governing Break-Up Fees Used By Stalking Horse Bidders In § 363 Bankruptcy Asset Sales, Andrew S. Brown

Florida Law Review

No abstract provided.