Law Commons^™

Three Kinds Of Fault: Understanding The Purpose And Function Of Causation In Tort Law, Marin R. Scordato

University of Miami Law Review

Causation is a concept of enormous importance in the law. In just the last two years, the United States Supreme Court has explicitly considered its importance and meaning on at least three occasions, in areas of the law as diverse as specific personal jurisdiction, Title IX, and Section 1981. It has also been the subject of sustained scholarly examination and debate.

In no area of the law is causation as foundational and omni- present as in tort law, and in no sphere within tort law is it more prevalent than in its dominant cause of action, negligence. Unsurprisingly then, the …

The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir

University of Miami Law Review

Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.

This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …

Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach

University of Miami Law Review

Judges take part in a variety of non-adjudicative tasks that shape the structure of litigation. In addition to their managerial functions, judges sit as administrative heads of court. They participate in civil justice reform projects and develop procedures for criminal and civil trials. What norms and principles ought to guide judges in this other work? In their casework we expect judges to be neutral and fair, setting aside politics and rationally following the law. Indeed, this article will demonstrate that there is good reason to insist on these qualities in both judges’ case-related and broader court-related reform activities. To test …

The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell

University of Miami Law Review

The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.

This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …

Alexis Doutre, Appellant, V. Box Elder County; Brigham City; Union Pacific Railroad Company; And Utah Department Of Transportation, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Weber County,

TROY L. BOOHER, BETH E. KENNEDY, TAYLOR P. WEВВ, ZIMMERMAN BOOHER, Counsel for Alexis Doutre

PEGGY E. STONE, Counsel for Utah Department of Transportation, SUSAN BLACK DUNN, Counsel for Box Elder County, MATTHEW D. CHURCH, Counsel for Brigham City, GINA M. ROSSI, Counsel For Union Pacific Railroad Company

Before Yesterday We Could Fly: Reimagining Law For The Afro-Future, Norinda Brown Hayat, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Community In The Colorado River Basin, Jason Robison, Matthew Mckinney, Daryl Vigil

Idaho Law Review

No abstract provided.

Warning: The Nfl Claims Copyright Ownership Of …. Everything?, Lauren Bruning

Nebraska Law Bulletin (Selected Issues)

The issue of overreaching copyright warnings is not one to be ignored. This Note suggests three potential ways to prevent the issue. First, all copyright warnings should acknowledge the doctrine of fair use. Fair use is essential to copyright law–to business, to progress, to innovation. Second, we must strengthen the copyright misuse doctrine. The NFL is one of potentially many copyright owners flying under the radar due to this underdeveloped, incomplete defense. Copyright misuse is a doctrine that has the potential to play an important role in protecting the public policy underlying copyright law, plus it is uniquely positioned to …

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022 Event Invitations

Where are we in labor law and how did we get here? Why is labor relations so litigious in sports? What is contributing to the uptick in unionization efforts at Starbucks and Amazon, among others? Join us to hear our distinguished panel discuss current developments and labor law disputes from a historical perspective.

Panelists include National Labor Relations Board (NLRB) Member Gwynne A. Wilcox, Professor of Practice David J. Weisenfeld, and Former Adjunct Professor Dan Silverman, who held various positions at the NLRB including Regional Director in Manhattan and Acting General Counsel. Professor David Rudenstine will moderate the conversation.

Click …

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

Click here to view the event invitation.

The Failing Congressional Response To The Missing And Murdered Indigenous Persons Crisis, Sarah Brody

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

The Missing and Murdered Indigenous Persons (MMIP) crisis today is a continuation of the centuries of violence against Indigenous people that continues into the present. The injustice facing Indigenous communities today is sustained by the legacy of colonialism. Indigenous communities and individuals are here despite atrocities like genocide, land dispossession, forced displacement, forced removal of children, and sexual violence. The United States government continues to perpetuate this violence against indigenous peoples by passing insufficiently funded half-measures to address the MMIP crisis.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 7, …

Chinese American Advocacy For Chesa Boudin’S Recall After The 2021 Covid Hate Crimes Act, Grace Ouyang

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

On June 8, 2022, San Francisco voters ousted Chesa Boudin as district attorney. Boudin was known as a “progressive prosecutor” who introduced criminal justice reform policies that aligned with restorative justice to reduce mass incarceration. Boudin was elected district attorney in 2019 on a decarceration platform which aimed to eliminate cash bail, to establish a prosecutor’s unit to re-evaluate wrongful convictions, and to advocate against assisting Immigration and Customs Enforcement (ICE) with raids and arrest. Two years later in May 2021, President Biden passed the COVID-19 Hate Crimes Act, which aimed to streamline the reporting of Asian American Pacific Islander …

Mmu: 11/07/22–11/13/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Hadiah Mabry

2Ls Taking Ls: Sandy Weir

Ask a 3L: Laura Mahoney

LLM Feature: Porta Chigbu

Sports Report by Stephen Nugent

Jackie's Corner

Vol. 63, No. 11 (November 7, 2022)

Indiana Law Annotated

No abstract provided.

Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Included:

● Public access background and context

● Summary of the 2022 OSTP Memorandum

● Clarification about the scope of the 2022 OSTP Memorandum

● Timeline for agency adoption of the 2022 OSTP Memorandum

● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)

● Questions and answers

Manual On International Humanitarian Law For The Armed Forces Of The Russian Federation (2002)

International Law Studies

A translation of the Manual on International Humanitarian Law for the Armed Forces of the Russian Federation, 2002, by Aleksei Romanovski. This translation was originally published as Appendix 1 in Evan J. Wallach, The Law of War in the 21st Century (2017).

Europe’S War On Loot Boxes, David Azrak

Cardozo International & Comparative Law Review (CICLR) Blog

Among the more pernicious forms of video game monetization, the much-reviled loot box, a digital capsule of collectible goods, faces ever ratcheting calls for regulation within the European Union. This past June, a group of twenty consumer rights organizations from eighteen European nations formally called on EU authorities to regulate the industry practice viewed as deceptive and predatory. Accounting for $15 billion in revenue in 2020 alone, including $1.6 billion in sales from publisher Electronic Arts’ (“EA”) various sports titles, loot boxes comprise a sizable chunk of industry revenue streams. They are here to stay it seems, at least for …

Ndls Communicator: Week Of 11.07.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law Review hosts symposium on Unconstitutional Conditions and Religious Liberty
• Sadie Blanchard's paper, “Nominal Damages As Vindication,” was reviewed in Jotwell.
• Avishalom Tor's article, "Digital Nudging: Potential and Pitfalls," was published in the October 2022 issue of the CPI TechREG Chronicle.
• Jay Tidmarsh was quoted in the Billboard article, "One Year Later, The Massive Litigation Over Astroworld Is Just Getting Started."
• Nicole Garnett and Fr. Pat Reidy wrote “Religious Covenants” which explores the phenomenon of religiously motivated deed restrictions.
• Sherif Girgis was a panelist in a talk about free speech held at the US National …

Infrastructure Sharing In Cities, Sheila Foster

Georgetown Law Faculty Publications and Other Works

In this Essay, I reflect on the different ways in which cities engaged in what I call “infrastructure sharing” during the COVID-19 pandemic. Cities around the world responded to the pandemic by repurposing their streets and sidewalks into outdoor seating, dining spaces, and car-free pedestrian corridors. At the same time, many cities and states also faced calls to “reclaim” underutilized public and private structures like empty houses and hotels and put them to a use responsive to the crisis. The Essay will highlight the difference between sharing property and assets that are part of the “public estate” and dedicated exclusively …

The Application Scope Of Non-Performance Objection In Administrative Contracts: A Comparative Study, Dr. Ekramy Bassyoni Khattab

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Giving up of obligation from a contractor to fulfilling its obligation until the other partner done his opposite obligation; named by the Legal jurisprudential:" non-performance "objection.

This objection has been widely used in the civil contracts, but it isn't in the same in administrative contract, because of its private nature. This research will be talking about the problems which face the applying of this objection in administrative contracts, and how will we solving them? Comparing these problems between the Saudi legal system and the Egyptian legal system.

To achieve the aims of this research, the researcher divided it into a …

Privacy Of Patients’ Medical Data Under The Corona Pandemic: A Comparative Study, Judge Dr. Samir Hosny El-Masry

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” International Covenant on Civil and Political Rights (ICCPR) 1966, Article 17: “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks on his honor or reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.”

It is an unimpeachable fact that the world …

The Liability Of The Loss Of Goods In The Sale Contract Cif And Fob Under Kuwaiti And Uae Laws: A Comparative Study With The United Nations Convention On Contracts For The International Sale Of Goods, Dr. Ali Jassem Bouabbas

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

n this study, I deal with the commercial international sales contracts that have accelerated their pace in recent times, specifically the sale of CIF sale when selling, and selling of FOB in the matter of transferring the consequences of the loss of goods from the seller to the buyer, as these sales are considered the most famous at the present time, because of the advantages they contain for the seller and the buyer. The main aim of this research is to know the convergence and divergence between Kuwaiti law and Emirati law in the sale contract of CIF and FOB …

The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study addresses the commercial arbitration in the financial leasing contracts in Palestine, and the study discusses the possibility of arbitration clause in financial leasing contracts and the importance of these clauses in such contracts in Palestine.

The study concluded that the arbitration clause is permissible in the financial leasing contracts however; there are some aspects in which arbitration are not permitted according to the Palestinian Law. The study also recommends that, the Palestinian legislator has to amend some articles in the financial leasing Act in particular article 6 of the Act and he could adopt the institutional arbitration as …

The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …

The Role Of The Will In Determining International Jurisdiction Of Bahraini Courts: A Comparative Analytical Study, Mohammed Walied El-Masry

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Individuals in internal relations can choose the territorially competent court to consider their dispute, so they choose the court of the plaintiff’s domicile, for example, instead of the court of the defendant’s domicile, or the court of the place of execution of the contract instead of the court of the place where it was concluded, and this is a logical consequence of not considering the rules of local jurisdiction from the public order. Can individuals also exercise this option in international private relations, and grant jurisdiction to the courts of a specific country, knowing that their agreement here will have …

The New Uae Bankruptcy System: Incomplete Radical Amendments, Dr. Omar Fares Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

When the Emirati legislator abolished the bankruptcy provisions that were contained in the Commercial Transactions Law of 1993, and adopted instead a special law of bankruptcy, Federal Law Number 9 of 2016, he achieved tangible success in developing the national bankruptcy system through the radical amendments approved over this law. The Emirati legislator had a correct choice of expanding the scope of application of the new bankruptcy system to include, in addition to commercial companies, all civil, private and governmental companies, as well as free zone companies. But he failed when he decided to keep individual merchants alone subject to …

The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research focuses on the importance of the decision of the Minister of Health and Prevention to add (Covid 19) to the schedule of communicable diseases. The decision entails the issuance of administrative regulations to control the spread of (Covid19) and the strict enforcement of Federal Criminal Code

The research discusses the problematic legal basis for delegating the power to the Federal Public Prosecutor to determine violations of the precautionary measures imposed to limit the spread of the Corona virus (Covid 19).) and to decide the value of the fines against the violations of the precautionary measures

It also examines …

The Dobbs Effect: Abortion Rights In The Rear-View Mirror And The Civil Rights Crisis That Lies Ahead, Terri Day, Danielle Weatherby

William & Mary Law Review Online

On June 24, 2022, seven weeks after the first-ever leak of a draft opinion, the United States Supreme Court circulated its decision in Dobbs v. Jackson Women’s Health Organization, defying stare decisis, overruling fifty years of precedent, and shattering the hopes of millions of Americans, who wished the leaked opinion was a fiction that would never come to be.

As the leaked draft forewarned, Roe v. Wadeis no longer the law of the land. No longer is a woman’s right to terminate a pregnancy—to exercise bodily autonomy and be free to control the trajectory of her life—protected as a fundamental …

Balancing Testator Freedom With Reproductive Rights In A Post-Dobbs Illinois, Mary Webb

SLU Law Journal Online

When creating a trust, a grantor may attach conditions that beneficiaries must meet before receiving an inheritance. Some conditions can become so restrictive that they contravene public policy and are unenforceable by courts. In this article, Mary Webb balances Illinois public policy on testamentary and reproductive freedom to determine whether an Illinois court would uphold a beneficiary restriction clause that restricts a beneficiary's reproductive rights.

Open-Source Clinical Machine Learning Models: Critical Appraisal Of Feasibility, Advantages, And Challenges, Keerthi B. Harish, W. Nicholson Price Ii, Yindalon Aphinyanaphongs

Articles

Machine learning applications promise to augment clinical capabilities and at least 64 models have already been approved by the US Food and Drug Administration. These tools are developed, shared, and used in an environment in which regulations and market forces remain immature. An important consideration when evaluating this environment is the introduction of open-source solutions in which innovations are freely shared; such solutions have long been a facet of digital culture. We discuss the feasibility and implications of open-source machine learning in a health care infrastructure built upon proprietary information. The decreased cost of development as compared to drugs and …