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التداخل والتنوع في ايقاع القصيدة الحديثة, د.هشام فاضل محمود

Midad AL-Adab Refereed Quarterly Journal

No abstract provided.

قراءة في بائية ذي الرمة, ا.م.د.ياسر احمد فياض, همام ياسين شكر

Midad AL-Adab Refereed Quarterly Journal

No abstract provided.

الالفاظ الدخيلة في ايات وصف الجنه في القران الكريم دراسة بيانية, د.مثنى نعيم حمادي

Midad AL-Adab Refereed Quarterly Journal

No abstract provided.

Race And Washington's Criminal Justice System: 2022 Recommendations To Criminal Justice Stakeholders In Washington, Task Force 2.0: Race And The Criminal Justice System

Fred T. Korematsu Center for Law and Equality

Race and Washington's Criminal Justice System: 2022 Recommendations to Criminal Justice Stakeholders in Washington

A Not-So-Clean Slate: A Progress Report Of Pa’S Automated Record Sealing Law, Matt B. Saboe, Tekia Huger-Burton

Sustainability Research & Practice Seminar Presentations

Professor Matt B. Saboe, Economics and Finance, and Tekia Huger-Burton - A Not-So-Clean Slate: A Progress Report of PA’s Automated Record Sealing Law

How A Podcast And Docuseries Helped To Release A 14 Year Prisoner, Julia Maxman

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

Adnan Syed, was released from prison on September 19, after being behind bars for 23 years. Syed was convicted in 1999 for the murder of his high school girlfriend, Hae Min Lee, despite steadfastly defending his innocence. After a mistrial in 1999, Syed was found guilty of murder in 2000 and sentenced to life in prison. After 14 years of his sentence had passed, Syed’s case gained widespread attention after it was featured on the Serial podcast. On the episode, host Sarah Koenig, questioned the credibility of the evidence used to incriminate Syed and the inconsistencies among the prosecution's witnesses. …

Vol. 63, No. 07 (October 10, 2022)

Indiana Law Annotated

No abstract provided.

Life After Google V. Oracle: Three Reflections On A Theme, Daryl Lim

IP Theory

In 2004, Professor Leaffer published an article titled Life after Eldred: The Supreme Court and the Future of Copyright. He wrote about three cases decided in or after 2001 to provide a snapshot of the Supreme Court’s position on copyright issues. This Article discusses three reflections on this theme. The first reflection flows directly from Google. It discusses fair use in Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, as well as text and data mining for artificial intelligence uses. This Article then reflects on Arnstein v. Porter’s lessons for modern copyright infringement law. Finally, it reflects on the …

Round Table (Part 5): What’S Raphaël Lemkin Got To Do With Genocide Studies?, Douglas Irvin-Erickson

Genocide Studies and Prevention: An International Journal

No abstract provided.

Mmu: 10/10/22–10/16/22, Student Bar Association

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1L of the Week: Victoria Bailey

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Reconsideration Of Forced Arbitration In Data Privacy Legislation, Andy (Chen Di) Xu

Cardozo Journal of Conflict Resolution (CJCR) Blog

Pre-dispute arbitration principles were established in 1925 by Congress through the Federal Arbitration Act (FAA) and were meant to “create an efficient way for businesses with comparable bargaining power to negotiate and agree upon an alternative means of conflict resolution.” However, the driving legal maxims behind the FAA failed to address cases with a large power imbalance between the parties. Arbitration in such cases usually see a company “likely be[ing] represented in arbitration by lawyers who are well-versed in the process and the issue involved, while the wronged customer must find an attorney willing to represent them for what is …

Where We Stand Today With The Public Charge Rule, Rachell Henriquez

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

The Statue of Liberty has become known as the “Mother of Exiles, greeting millions of immigrants and embodying hope and opportunity for those seeking a better life in America [,]” not only to Americans but to all people around the world. Yet, despite being designated as the land of dreams and opportunities, the United States has a long history of denying such dreams and opportunities to marginalized communities. The “public charge” rule refers to inadmissibility and deportability grounds in U.S. immigration law that have constantly barred poor noncitizens and noncitizens of color from obtaining legal status. The public charge rule …

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

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Noel S. Hyde, District Court No. 180906306

Troy L. Booher, Beth E. Kennedy, Taylor P. Webb, Lindy W. Hamilton, Robert W. Gibbons, Attorneys for Appellant Alexis Doutre

Gina Rossi, Attorney for Union Pacific, Susan Black Dunn, Attorney for Box Elder County, Matthew D. Church, Attorney for Brigham City, Peggy E. Stone, Attorney for Appellee UDOТ

Ndls Communicator: Week Of 10.10.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School awards endowed professorships to Randy Kozel and Sam Bray
• Careers in Religious Liberty panelists explore the intersection of law and faith
• Carter Snead co-wrote an amicus brief that examines pork production from philosophical, ethical, and theological perspectives.
• Diane Desierto spoke at the London Conference on International Law as part of the panel, "Human and collective security."
• Father John Paul Kimes preached at the Red Mass for the Diocese of Raleigh last week.

Student News

• ND Law students sweep International Moot Court Competition in Spain
• ND Law students participated in a day of service …

Employment Trajectories And Mental Health-Related Disability In Belgium, Sudipa Sarkar, Rebeka Balogh, Sylvie Gadeyne, Johanna Jonsson Et Al.

Articles

An individual’s quality of employment over time has been highlighted as a potential determinant of mental health. With mental ill-health greatly contributing to work incapacities and disabilities in Belgium, the present study aims to explore whether mental health, as indicated by registered mental health-related disability, is structured along the lines of employment quality, whereby employment quality is assessed over time as part of individuals’ labour market trajectories.

Scarlet-Lettered Bankruptcy: A Public Benefit Proposal For Mass Tort Villains, Samir D. Parikh

Northwestern University Law Review

Financially distressed companies often seek refuge in federal bankruptcy court to auction valuable assets and pay creditor claims. Mass tort defendants—including 3M, Johnson & Johnson, and Purdue Pharma—introduce new complexities to customary Chapter 11 dynamics. Many mass tort defendants engage in malfeasance that inflicts widespread harm. These debtors fuel public scorn and earn a scarlet letter that can destroy value for an otherwise profitable business. Scarlet-lettered companies could file for bankruptcy and quickly sell their assets to fund victims’ settlement trusts. This Article argues, however, that this traditional resolution option would eviscerate victim recoveries. Harsh public scrutiny has diminished the …

Information Privacy And The Inference Economy, Alicia Solow-Niederman

Northwestern University Law Review

Information privacy is in trouble. Contemporary information privacy protections emphasize individuals’ control over their own personal information. But machine learning, the leading form of artificial intelligence, facilitates an inference economy that pushes this protective approach past its breaking point. Machine learning provides pathways to use data and make probabilistic predictions—inferences—that are inadequately addressed by the current regime. For one, seemingly innocuous or irrelevant data can generate machine learning insights, making it impossible for an individual to anticipate what kinds of data warrant protection. Moreover, it is possible to aggregate myriad individuals’ data within machine learning models, identify patterns, and then …

The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks

Northwestern University Law Review

Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Northwestern University Law Review

The Supreme Court has made social cost a core concept relevant to the calculation of Fourth Amendment remedies but has never explained the concept’s meaning. The Court limits the availability of both the exclusionary rule and civil damages because of their “substantial social costs.” According to the Court, these costs primarily consist of letting the lawbreaker go free by excluding evidence or deterring effective police practices that would lead to more criminal apprehension and prosecution. But recent calls for systemic police reform by social movements have a different view of social cost. So too do calls for reforming qualified immunity. …

The Rule Of Recognition And Presidential Power, Austin Piatt

Northwestern University Law Review

Professor H.L.A. Hart’s theory of the rule of recognition, introduced in 1961, asserts that every legal system requires a rule of recognition to tell society what the law is. Though much scholarship has been dedicated to analyzing America’s theoretical rule of recognition, Hart’s theory has not yet been applied to the numerous actions and operations of America’s Executive Branch. The rule of recognition should be able to tell us which executive actions have the authority of law. Yet, when we try to make sense of various recent orders, memos, guidance documents, and letters emanating from the White House and administrative …

Using A Mindfulness And Gratitude Practice To Improve Student Wellness, Amanda K. Maus Stephen

Presentations

The University of Oregon School of Law hosted the annual, two-day conference for legal writing professors to share ideas and research on topics related to legal writing and legal writing instruction. This presentation described two experimental semester-long mindfulness activities—mindfulness minutes and gratitude journaling—and student reactions to them.

‘Xi Jinping Thought’: Lethal Autonomous Weapons Systems And Military Modernization With Chinese Characteristics, Aiden Warren, Alek Hillas

The Journal of International Relations, Peace Studies, and Development

The article seeks to appraise Beijing’s military modernization and positions on Lethal Autonomous Weapons Systems (LAWS). In examining the rhetoric of Chinese policy makers through a qualitative analysis of relevant policy documents and Chinese statements, the article begins by evaluating the relationship between military modernization and the advancement of China’s innovation and civil- ‍military integration strategies in the Xi Jinping era. Secondly, the article considers, via an analysis of diplomatic statements, the context of Chinese discussions on LAWS under the framework of the Convention on Certain Conventional Weapons (CCW). The analysis proposes it is probable that China is seeking to …

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.

U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin

Binghamton University Undergraduate Journal

After the Korean War in 1950, the Cold War expanded to Asia transitioning from purely economic aid in Europe from the Marshall Plan, to direct military intervention then to covert military operations under the Eisenhower Administration in Indonesia. The focus of this research is on the United States military intervention through covert military operations from 1950-66 and details the evolution of foreign policy in Indonesia from the economic aid to supplying names of PKI insurgents to be slaughtered. With the general research questions of How did CIA interference through covert military operations in Indonesia highlight a shift in CIA intervention …

The Collateral Effects Of Criminal Orders Of Protection On Parent Defendants In Cases Of Intimate Partner Violence, Isabelle Leipziger

Fordham Law Review

Intimate partner violence is a serious public health problem that affects people from all cultures, ethnicities, and socioeconomic backgrounds. Although courts have historically refused to get involved due to the intimate and private nature of these offenses, widespread reforms have led to some judicial intervention. Through the issuance of criminal orders of protection, courts have alleviated some of the difficulties associated with prosecuting cases of intimate partner violence and have provided immediate protection for victims. However, criminal orders of protection also pose significant challenges for defendants who live and co-parent with their accuser.

In New York, issuance of these orders …

W&L Law Fall Scholarship Celebration 2022, Andrew Christensen, Michelle Cosby, Jennifer Mitchell, Christopher B. Seaman, Melanie D. Wilson

Library Events

On October 6, 2022, the Washington and Lee Law Library hosted the fourth W&L Law Fall Scholarship Celebration. The event was co-sponsored by the Frances Lewis Law Center and took place in the Law Library's main reading room from 5:00 to 7:00 p.m.

On display were dozens of scholarly articles, books, and chapters authored by the W&L Law faculty and student body between October 2019 and October 2022, with hundreds of additional works accessible online through the Scholarly Commons institutional repository.

Faculty, librarians, staff, and administrators mingled with law students over hors d'oeuvres and wine to peruse the formidable scholarly …