Law Commons^™

David R. Harman, Plaintiff/ Appellant, V,105 Partners, Llc Fka 105 Holdings, Llc, Anthony M. Thurber And Brekke R. Felt, In Their Capacity As Trustees Of The Anthony Fernlund & Lorraine Thurber Trust, And Lorraine Thurber, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FINAL JUDGMENT OF THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, THE HONORABLE ROBERT LUND,

D. David Lambert, Richard A. Roberts, Attorneys for Appellees

New Dean Of Maurer Signifies Continued Growth To Iu Community, Matthew Fort

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

Christiana Ochoa was recently announced as the Dean of the Maurer School of Law. She is the first Latina dean of the law school. This announcement was celebrated by the Latinx student and staff community here at IU, as they expressed their support for her and look forward to the culture she’ll facilitate at the law school.

Ochoa pointed to the law school’s legacy being important and central to academic discussions and legal evolution as reason for her excitement to take this position. With its activities in providing top-notch advice to the bench and the bar, the law school occupies …

Cardozo Launches The Perlmutter Center For Legal Justice, Benjamin N. Cardozo School Of Law

2022 Event Invitations

The Perlmutter Center for Legal Justice at Cardozo Law will be comprised of two components:

The Perlmutter Forensic Science Educational Program, an ambitious legal education program in scientific evidence for practicing attorneys.

The Perlmutter Freedom Clinic, seeking justice for the unjustly incarcerated, will fight wrongful convictions based on the misuse of scientific evidence and work to obtain clemency for individuals that have been unjustly incarcerated.

The Center will be led by prominent civil rights attorney and criminal justice reform advocate Josh Dubin, who will serve as Executive Director. The Deputy Director will be Derrick Hamilton, a formerly incarcerated individual who …

With Great Power Comes Great Responsibility: Superheroes & The Law, Thomas Simmons, Chris Dellicarpini, Rick Collins

Faculty Publications

Legal issues and lessons abound in superhero narratives. Caped heroes often act above and outside the law but deliver on law’s promises of justice and mercy in ways that ordinary legal actors cannot. Legal ethics, criminal law, and procedure are all on display. Superheroes supply a framework for examination of multiple legal issues and lessons, including what it means to be ethical (within the context of the rules of professional conduct and also in a broader sense) and how a legal life can be a virtuous one.

An Evaluation Framework For Digital Image Forensics Tools, Zainab Khalid, Sana Qadir

Journal of Digital Forensics, Security and Law

The boom of digital cameras, photography, and social media has drastically changed how humans live their day-to-day, but this normalization is accompanied by malicious agents finding new ways to forge and tamper with images for unlawful monetary (or other) gains. Disinformation in the photographic media realm is an urgent threat. The availability of a myriad of image editing tools renders it almost impossible to differentiate between photo-realistic and original images. The tools available for image forensics require a standard framework against which they can be evaluated. Such a standard framework can aid in evaluating the suitability of an image forensics …

A Study Of The Data Remaining On Second-Hand Mobile Devices In The Uk, Olga Angelopoulou, Andy Jones, Graeme Horsman, Seyedali Pourmoafi

Journal of Digital Forensics, Security and Law

This study was carried out intending to identify the level and type of information that remained on portable devices that were purchased from the second-hand market in the UK over the last few years. The sample for this study consisted of 100 second hand mobile phones and tablets. The aim of the study was to determine the proportion of devices that still contained data and the type of data that they contained. Where data was identified, the study attempted to determine the level of personal identifiable information that is associated with the previous owner. The research showed that when sensitive …

2022 Esther Clark Moot Court Competition Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Uber Tech., Inc. V. Royz, 138 Nev. Adv. Op. 66 (Sept. 29, 2022), Mark Mulhall

Nevada Supreme Court Summaries

The Nevada Supreme Court is bound to the United States’ Supreme Court decision in Schein regarding contacts governed by the Federal Arbitration Act (FAA). Therefore, when parties enter into an arbitration agreement that clearly and unmistakably delegates the arbitrability threshold question to the arbitrator, the district court must refer the case to arbitration even if the district court concludes the dispute is not subject to the arbitration agreement

Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the district court’s decision to strike the second amended complaint and reversed the decision to dismiss the remaining malpractice claim with prejudice. According to Nevada’s Uniform Power of Attorney Act, the Court held a non-lawyer agent working under a power of attorney regarding claims and litigation could not litigate an action pro se in place of the principal or engage in the practice of law on the principal’s behalf. The trial court correctly held that the appellant’s non-lawyer agent under a power of attorney was engaged in the unauthorized practice of law. The decision to …

Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisburty Development Llc; Southern Utah Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc, Plaintiffs /Appellees, V. Washington County Water Conservancy District, Defendant /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial Court, Salt Lake County, State of Utah Honorable Jeffrey C. Wilcox, District Court No. 130500465

Benson L. Hathaway, Jr., Adam D. Wahlquist, Thomas K. Checketts, Craig M. Call, Attorneys for Appellees

Robert C. Keller, Scott P. Powers, Attorneys for Appellant

Johnston V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 67 (Oct. 6, 2022), Joe Morgan

Nevada Supreme Court Summaries

A defendant is constitutionally entitled to a prompt hearing after being taken into custody from pretrial release, and at that hearing, the State bears the burden of demonstrating probable cause. A violation of a condition of a pretrial release may lead to statutory sanctions, and the court does not recognize a distinction between so-called “technical” and “substantive” violations. NRS 178.4851 and Valdez-Jimenez require the district court to make findings of fact on the record that each condition of pretrial release is the least restrictive means of ensuring public safety and the defendant’s return to court.

Airbnb, Inc. V. Rice, 138 Nev. Adv. Op. 65 (Sept. 29, 2022), Roberto Nolasco-Cruz

Nevada Supreme Court Summaries

When parties clearly and unmistakably delegate the issue of arbitrability to an arbitrator, the United States Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., that, under the Federal Arbitration Act (FAA), a court has no power to determine the arbitrability of a dispute where the contract delegates the arbitrability question to an arbitrator, even if the argument that the arbitration agreement applies to the dispute is “wholly groundless.” Courts err when deciding on an arbitrability question itself if the required standard established in Henry Schein has been met.

State Of Nevada V. Charles Wade Mccall, 138 Nev. Adv. Op. 64 (Sep. 22, 2022), Kiana Parkes

Nevada Supreme Court Summaries

In an opinion written by Justice Stiglich, the Court clarifies whether a protective sweep is lawful when a prior arrest did not occur. The Court looked to other courts to determine if a prior arrest should be a requirement of a protective sweep. The majority approach adopted by courts was that an arrest does not have to occur prior to a protective sweep. This Court agreed with the majority approach and analyzed the lawfulness of the protective sweep in this case. Although the protective sweep in this case occurred before an arrest was made, the Court still found the protective …

The Rights Of Non-Regular Workers In Japan, Bailey Cook Dailey

Cardozo International & Comparative Law Review (CICLR) Blog

Lifetime employment used to be the norm in Japan. Workers who are “regular” lifetime employees receive a livable salary, great benefits, a retirement pension as well as protections from termination. “non-regular” workers are workers who aren’t lifetime employees. They have increased rapidly since the 1990s when Japan’s economy faced a significant downturn, and then again in the following decade during the global 2008 recession. The population of non-regular employees has grown from 8.8 million (20% of all workers) in 1990 to 21.6 million (38% of all workers) in 2019, almost doubling in that 30 year range.

This post was originally …

Brief Of Professor Derek T. Muller In Support Of Applicant, Thomas R. Lee, John J. Nielsen, Tyler B. Lindley, Derek T. Muller

Court Briefs

No. 22A337
Senator Lindsey Graham v. Fulton County Special Purpose Grand Jury

On emergency application for a stay and injunction pending appeal from the United States Court of Appeals for the Eleventh Circuit

From the Introduction and Summary of Argument

The merits of this case are colored by partisan overtones. But the overarching legal questions implicate nonpartisan, institutional concerns. The Speech or Debate Clause has deep historical roots that protect important interests in legislative independence. That independence requires strong protection for legislative inquiry under an objective standard rooted in the facial basis for a particular investigation. If courts intrude on …

A Law Professors’ Symposium Asks: Should We Control The U.S. Supreme Court?, Bruce Ledewitz

Newspaper Columns

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

Brief Amicus Curiae Of The Bruderhof, Clear, Muslim Advocates, And The Sikh Coalition In Support Of Appellant, Stephanie Hall Barclay, Francesca Matozzo

Court Briefs

No. 22-2342
Thomas Walker v. John Baldwin

Appeal from the United States District Court for the Northern District of Illinois, Western Division, Honorable Iain D. Johnston (3:19-cv-50233)

From the Summary of the Argument

The Seventh Circuit should re-examine its precedent to allow for monetary damages for individual capacity suits under the Religious Land Use and Institutionalized Persons Act (RLUIPA) for three reasons. First, RLUIPA’s text follows the same approach as 42 U.S.C. § 1983 and should be interpreted to afford the same types of broad remedies. Before Employment Division of Oregon v. Smith, 494 U.S. 872 (1990), reduced the …

Brief For Amicus Curiae Professor Derek T. Muller In Support Of Respondents, Daniel M. Sullivan, Daniel M. Horowitz, Derek T. Muller

Court Briefs

No. 21-1271
Timothy K. Moore v. Rebecca Harper

On Writ of Certiorari to the Supreme Court of North Carolina

From the Summary of Argument

The petition for certiorari in this case presents the question whether the phrase “Legislature thereof” in the Elections Clause of the Constitution bars state courts from regulating the contours of Congressional redistricting pursuant to state constitutions. But Congress has spoken, too. It has regulated the manner of drawing congressional districts by federal statute. See 2 U.S.C. § 2c. Congressional redistricting in a State now takes place pursuant to this federal statutory directive, which contemplates a role …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Ferkauf Professors Kailey Roberts And Jennifer Cooper, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Kailey Roberts is an Assistant Professor of Clinical Psychology at Ferkauf Graduate School of Psychology specializing in bereavement and existential psychotherapy. Roberts' research and teaching focuses on understanding existential distress and supporting individuals facing adversity through connection to their unique sense of meaning, identity and purpose. Jennifer Cooper, is an Assistant Professor at Ferkauf Graduate School of Psychology. Cooper’s research agenda is focused on preventing and treating youth mental, emotional and behavioral issues through improving the use of multi-tier frameworks and culturally responsive evidence-based practices in schools. They will discuss "Cultivating Psychosocial Wellbeing in LGBTQIA+ Individuals and Communities."

The State Of Utah, Plaintiff/Appellee V. Kenneth Bowdrey, Defendant/ Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from judgment of conviction of distribution of or arranging to distribute a controlled substance, a second-degree felony in violation of Utah Code section 58-37-8(1)(a)(ii), in the Third District Court, Salt Lake County, Utah, the Honorable ‘Todd M. Shaughnessy and the Honorable Heather Brereton presiding.

SEAN D. REYES, Attorney for Plaintiff/ Appellee

JANET LAWRENCE, JON SHUMAN, Attorneys for Defendant/ Appellant

Pro Bono Award Recipients Honored, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Pro Bono Awards were presented to three Indiana Law students and a local attorney Wednesday (October 26) in a jointly sponsored ceremony hosted by the Law School, its Access to Justice Fellows, and Faegre Drinker.

“Becoming a lawyer is not just a privilege, it’s also a responsibility,” said Dean Christiana Ochoa. “And that special responsibility of being a lawyer includes serving our communities in whatever ways we’re able to. The students we recognize today have gone above and beyond in their service, and we as a school and as a local community are so grateful for their efforts.”

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …

High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell

Washington and Lee Law Review Online

The proliferation of marijuana legalization has changed the relationship between driving and marijuana use. While impaired driving remains illegal, marijuana use that does not result in impairment is not a bar to operating a motor vehicle. Scientists have yet to find a reliable way for law enforcement officers to make this distinction. In the marijuana impairment context, there is not a scientifically proven equivalent to the Blood Alcohol Content standard nor are there reliable roadside assessments. This scientific and technological void has problematic consequences for marijuana users that get behind the wheel and find themselves suspected of impaired driving. Without …

Big Game Forever, Petitioner /Appellant, V. Eric S. Peterson, The Utah Investigative Journalism Project, Utah Department Of Natural Resources, And Utah State Records Committee, Respondent /Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third District Court, Salt Lake County, State of Utah, the Honorable Kara L. Pettit, Dist. Ct. No. 200902471

D. Loren Washburn, Trinity Jordan, Paul L. Brusati, Attorneys for Appellant Big Game Forever

Jeffrey J. Hunt, David C. Reymann, Sara Meg Nielson, Attorneys for Appellees Eric S. Peterson and The Utah Investigative Journalism Project

Social Media, Social Identification, And The Integration Of Refugees Into Jordanian Society, Ibrahim Al Elanat

Student Theses and Dissertations

Mass media and social media platforms play a critical role in helping Syrian refugees integrate into host communities. Through social media platforms, users’ can voice their opinions on various topics related to the refugee experience. This study aims to identify the various cultural needs and practices of the refugee community in Jordan. The study aims to develop a framework for policymakers, employers, and local communities in Jordan to consider and integrate Syrian refugee's social identity. Also this study aims to identify the various aspects of identity re-constructions in order to determine the most effective practices for Syrian refugees. The study …

This Is Sparta!: Attitudes Of Ncaa Division I Compliance Officers Towards Athlete Agent Regulations, Mark Thomas Gurenlian

Student Theses and Dissertations

The topic covered in this Thesis is that of the Sports Agent Responsibility and Trust Act (SPARTA), the state adopted Uniform Athlete Agents Act, and any other laws that are used to control athlete agents. Specifically, how these laws fail to properly protect collegiate student-athletes and fail to regulate athlete agents. There is a review of previous articles and research that promote the idea that SPARTA was not fully comprehensive and that the UAAA laws are missing key details. The study consists of a questionnaire sent to Division I compliance officers and their responses supported the notion that not only …

Eviction Moratorium Redux, Cardozo Public Interest Law Student Association, Cardozo Real Estate Law Association

2022–2023 Flyers

No abstract provided.

The Exploitations Of Ndas In Theranos: Exposing The Gaps In Dtsa, Shira Bratt

Cardozo International & Comparative Law Review (CICLR) Blog

Nondisclosure agreements, or NDAs, are contracts typically between an employer and an employee. These were originally created to protect a company’s confidential information, by ensuring that employees can’t disseminate it. NDAs have become commonplace corporate practice to protect confidential information such as trade secrets, or “proprietary processes”. However, there are two general areas that employers have exploited the use of NDAs in recent years. The first has been uncovered through the #MeToo Movement, and the second has recently come to light with the Theranos trial.

This post was originally published on the Cardozo International & Comparative Law Review on October …

The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts, Marcus Moore

All Faculty Publications

Unconscionability has long been a troublesome area in Canadian jurisprudence. This is of significant concern given unconscionability’s pre-eminence as a protection of contractual fairness. This article elaborates a much-needed reorganization and rationalization of unconscionability in Canada. Under current law, a single doctrine hopelessly targets two divergent purposes. I set out here a proposed redevelopment rather of separate common law doctrines, each fit-for-purpose: (1) An English-style unconscionable bargains doctrine for avoiding bargains that exploited disability, and (2) an American-style unconscionable clauses doctrine to control unfair terms in standard form contracts. Extensive Canadian precedent supports this solution, assuring its feasibility and legitimacy. …

Friendship As The Primary Purpose Of Law, Michael P. Moreland

Faculty Publications

A significant aspect of the legacy of John Finnis is the restoration of friendship to a central place in moral, political, and legal theory building on the classical tradition in Plato, Aristotle, and Aquinas. This essay surveys the implications of friendship for law by way of exploring Finnis’s treatment of friendship in several of his works, including friendship as a condition for discourse, friendship as an especially important illustration of the central case, the relationship between friendship and the common good, and the place of civic friendship in a political community. The essay concludes with a discussion of friendship with …