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Non-Compete Agreements In Kansas & Missouri, Benjamin P. Wietharn

Law Student Works

This legal research guide is not legal advice. It is a guide to researching the issue of noncompete agreements or covenants not to compete in the states of Kansas and Missouri. It was created by a law student in an advance legal research class. It is intended for attorneys or law students. The guide includes an outline of legal research resources (with descriptions) for time sensitive research, primary sources and secondary sources.

Contractual Complexity, Spencer Williams

Faculty Scholarship

Lawyers, judges, scholars, and clients all agree on one thing about contracts: they are complex. But what does this actually mean? What is contractual complexity and where does it come from? Despite widespread agreement that contracts are complex, the literature on contracts has yet to effectively define contractual complexity. Furthermore, the literature lacks a general theory of complexity that connects it to the broader body of contracts scholarship. This Article aims to fill these gaps. Drawing on complexity theory, the Article argues that contractual complexity is the degree of interactivity between a contract’s terms. Building on this definition, the Article …

The Uscis Policy Manual: Exercising Questionable Authority Through Obscure Language, Marcy Pineda

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

In 2022, the United States Citizenship and Immigration Services (USCIS) began creating a centralized online repository for USCIS's immigration policies called the USCIS Policy Manual ("the Manual"), a tool to assist and further consistency in the decisions rendered by immigration officers. The Manual also establishes procedure around certain nuances of immigration policy. Consequently, USCIS has established new procedures around the Violence Against Women Act (VAWA) self-petition.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 28, 2022. The original post can be accessed via the Archived Link button above.

Board Of Officers - Vol. 53, No. 2 2022

Seton Hall Law Review

No abstract provided.

Crises, Creep, And The Surveillance State, Michal Lavi

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 53, No. 2 2022

Seton Hall Law Review

No abstract provided.

Mmu: 11/28/22–12/04/22, Student Bar Association

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Long-Term Care In The United States: History, Financing, And Directions For Reform, George A. (Sandy) Mackenzie

Upjohn Press

This book is a concise survey of the development of U.S. long-term care and its financing, with comparisons with other rich countries. It also includes a brief comparative account of the impact of the COVID-19 pandemic in the United States and several other countries. The study finds much that is amiss with American long-term care and proposes three sets of progressively more ambitious reforms.

Tax (Dis)Conformity, Reverse Federalism, And Social Justice Reform, Michelle D. Layser

Seton Hall Law Review

No abstract provided.

The Plain Error Of Cause And Prejudice, Charles Eric Hintz

Seton Hall Law Review

No abstract provided.

Landlord Duties To Combat Tenant-On-Tenant Discrimination Under The Fair Housing Act, Nicholas Cinquina

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

Congress passed the Fair Housing Act (“FHA”) during the Civil Rights movement, seeking to dispel discriminatory practices in the United States housing market. Relevant here, the FHA makes it unlawful to discriminate against protected class members in the “terms, conditions, or privileges of...rental of a dwelling, or in the provision of services or facilities in connection therewith....” Additionally, under the FHA, it is unlawful to “...interfere with any person in the exercise or enjoyment of...any right granted or protected...in this title.” Whether the FHA can be construed to make it unlawful for a property owner to acquiesce in tenant-on-tenant discriminatory …

Adjudication By Deadline, David Crump

Seton Hall Law Review

No abstract provided.

True Lenders, The Valid-When-Made Doctrine, And A Nationwide Interest Rate Cap, Logan C. Hinderliter

Seton Hall Law Review

No abstract provided.

A Move In The Bright Direction: Why Congress Has The Power To Bring The Docket Out Of The Shadows, Kevin C. Amici

Seton Hall Law Review

No abstract provided.

Law School News: Rwu Law Team Will Compete At National Moot Court Finals 11-28-2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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, Defendant /Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC, Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt, in their capacity as Trustees of the Anthony Fernlund & Lorraine Thurber Trust, and Lorraine Thurber

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC, Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt, in their capacity as Trustees of the Anthony Fernlund & Lorraine Thurber Trust, and Lorraine Thurber

J. Spencer Ball, Attorney …

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 : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Final Judgment Granting Motions to Dismiss, Amended Final Judgment and Denial of Temporary Restraining Order Fourth District Court for Utah County, Provo Department The Honorable Robert Lund

Richard D. Flint, Angelica M. Juarez, Attorneys for Appellee 105 Partners, LLC FKA 105 Holdings, LLC Leslie W. Slaugh, Richard A. Roberts, Attorneys for Appellees Anthony M. Thurber and Brekke R. Felt,

J. Spencer Ball, Attorney for Appellant David R. Harman

A Remedy For Every Melody: The Procedural Positives And Negatives Of The Copyright Claims Board And Why This New Tribunal Will Benefit Music Copyright Holders, Luca Provenzano

Seton Hall Law Review

No abstract provided.

The Legality Of Russian Gray-Market Imports, Ruben Attia

Cardozo International & Comparative Law Review (CICLR) Blog

In its efforts to cope with Western sanctions implemented in response of its invasion of Ukraine, Russia launched the parallel imports scheme, allowing the importation of many goods without the consent of their intellectual property right-holder. Such goods are called grey market goods because they have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. The value of parallel imports in Russia may well attain $16 billion by the end of 2022, as reported by Russian Minister of Industry and Trade Manturov. The Russian scheme also protects …

Ndls Communicator: Week Of 11.28.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law Review hosts symposium on 'Liberalism, Christianity, and Constitutionalism'
• Judge Theodor Meron delivers ND Law’s 2022 Peace Through Law Lecture in London
• DEI Podcast, Episode 3: Understanding Imposter Feelings
• The Religious Liberty Clinic represents Sikhs, Muslims, Bruderhof, and Jewish groups defending a Rastafarian inmate forcibly shaved bald
• Sadie Blanchard's article, "Contracts Without Courts or Clans: How Business Networks Govern Exchange" has been published in the Georgia Law Review.
• Randy Kozel's new paper, “Government Employee Speech and Forum Analysis” was published in the Journal of Free Speech and challenges the idea that free speech claims by …

Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav

Articles

Since the enforcement of the General Agreement on Tariffs and Trade (GATT) in 1947 and subsequently with the establishment of the World Trade Organization, the global community has been moving towards a more secure and rule-based international trade law regime. The cornerstones of the system are predictability and transparency, which ensure that a state, no matter how powerful, cannot undertake a discriminatory trade measure against another going above and beyond the rules. However, the recent instances of unilateral invocation of the security exceptions found in the various trade agreements endanger the very basis of the WTO system. The very first …

Summary: New Perspectives On Worker Subordination, Valerio De Stefano, Sara Slinn, Eric Tucker

International Symposium on New Perspectives on Worker Subordination

No abstract provided.

Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker

Articles & Book Chapters

This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …

Implementing Equal Access To Legal Capacity In Canada: Experience, Evidence, And Legal Imperative – Final Report, Faisal Bhabha, Ruby Dhanda, Kerri Joffe, Lana Kerzner, Brendon Pooran

Commissioned Reports, Studies and Public Policy Documents

Many Canadians with disabilities have long been discriminated against in the enjoyment and exercise of their legal capacity, especially people with developmental, cognitive, or psychosocial disabilities.

The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) seeks to correct this pervasive discrimination. It recognizes the right to equality in the exercise of legal capacity without discrimination based on disability.

This study was motivated by two primary issues: 1) longstanding concerns in the disability rights community about this discrimination; and 2) the findings and recommendations made by the United Nations “Committee on the Rights of Persons with Disabilities,” …

An Avenue For Corruption: Super Pacs And The Common Vendor Loophole, Matt Choi

Northwestern Journal of Law & Social Policy

In their campaign efforts, Super PACs and political candidates often engage professional media agencies or political consulting firms to aid them in production and placement of advertisements on media outlets, planning of advertising efforts, and planning campaign strategy. But an increasing number of Super PACs have taken to hiring the same media agencies and consulting firms as the candidates they support. Through the use of a so-called “common vendor,” Super PACs and their supported candidates can coordinate advertising strategies with each other without triggering the federal limits on spending and fundraising.

The Federal Election Commission (FEC) and the public must …

Towards An Equitable Review Of Pre-Embryo And Divorce Disputes For Women, Lilah Kleban

Northwestern Journal of Law & Social Policy

Pre-embryos, procured through in-vitro fertilization (IVF), become a source of dispute when couples divorce or separate before using them. Particularly, couples may fight over who has decision-making power to use or not use the frozen pre-embryos for pregnancy. State courts across jurisdictions typically apply one of three categorical approaches: disposition contracts, contemporaneous mutual consent, or a balancing interests test. Each approach fails to provide courts with structures to fully evaluate each party’s interests at the time of dispute and account for inherent sex and gender differences that impact their stakes in the dispute. This Note proposes a modified balancing test …

Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez

Northwestern Journal of Law & Social Policy

Social movements use legal tools to create narratives. Those narratives support social agendas which certain movements leverage to mislead their followers and potential followers. In this Article, we examine one influential anti-vaccine organization, the Informed Consent Action Network (ICAN), that uses its far-reaching platform to create false narratives around legal action. Again and again, this anti-vaccine group misrepresented both the legal and the factual meanings of court decisions, settlements, and other legal actions to create a narrative to galvanize its followers and influence newcomers. ICAN filed lawsuits that make anti-vaccine arguments—even when the legal framework did not fit doing so—and …

Dean’S Desk: The Iu Maurer School Of Law And The Indiana Supreme Court, Christiana Ochoa

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

On Nov. 1, my first day as the 17th dean of the Indiana University Maurer School of Law, I attended the robing ceremony for Derek Molter, Indiana’s 111th Supreme Court justice. This public ceremony was an opportunity for those in attendance to celebrate Justice Molter’s formal swearing in, which had occurred privately on Sept. 1. For the IU Maurer School of Law, it was also an opportunity to celebrate Justice Molter joining three other IU Maurer alumni on the five-person court.

Established in 1816, the court precedes our law school by about 30 years. Still, for most of Indiana’s history, …

Comments On The International Criminal Court Office Of The Prosecutor's Draft Policy On The Crime Of Gender Persecution Under The Rome Statute, Milena Sterio

Law Faculty Reports and Comments

The Draft Policy promises to be a seminal contribution not only to the Office of the Prosecutor's (OTP) policy and practice and the International Criminal Court's (ICC) jurisprudence on gender persecution, but also to the development of international criminal law generally. Building on its prior work, including the 2014 Policy Paper, the OTP is well placed to develop policies and procedures that protect historically marginalized and oppressed groups, deliver justice that accurately reflects the depth and breadth of the gender persecution suffered, and shed light on a crime that has to date received only limited attention.

As it finalizes the …

Do Prison Conditions Change How Much Punishment A Sentence Carries Out? Lessons From Federal Sentence Reduction Rulings During The Covid-19 Pandemic, Skylar Albertson

Northwestern Journal of Law & Social Policy

A set of motions filed during the COVID-19 pandemic challenged federal judges to consider whether they should always view the duration of imprisonment—as contrasted with prison conditions—as the sole determinant of how much punishment a sentence carries out. Under 18 U.S.C § 3582(c)(1)(A)(i), federal judges may “reduce” already imposed terms of imprisonment upon finding that “extraordinary and compelling reasons” warrant reductions. Prior to 2019, the Bureau of Prisons (BOP) effectively controlled the scope of a catch-all subcategory of “Other Reasons” justifying sentence reductions. The BOP used this authority almost exclusively for people who were in the final stages of terminal …