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Minimal Impairment: An Unreasonable Measure Of The Justifiable Limits Of Rights, Marcus Moore

All Faculty Publications

Under both the Oakes and Doré frameworks of proportionality analysis in Canada, critical in assessing the justifiability of rights limitations under section 1 of the Charter has been the “Minimal Impairment” question. Conceptually, Minimal Impairment asks whether a right has been impaired as little as possible in pursuit of the statutory objective. Applied strictly it is a virtually-impossible standard of justification. Thus, sometimes more relaxed standards are applied in practice. This double standard has caused inconsistency in which standard is applied from case- to-case (or even opinion-to-opinion in the same case). New emphasis within the tests on the Proportionality of …

Rodriquez, Plaintiffs/Appellees V. Knighton Properties, Llc, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, LOGAN DEPARTMENT THE HONORABLE ANGELA F. FONNESBECK, PRESIDING

James C. Jenkins OLSON & HOGGAN, LLC Attorney for Appellant

Chris Daines Jonathan P. Thomas DAINES, THOMAS & SMITH, LLP Attorneys for Appellees

The Economics Of Medical Patents And The U.S. Government’S Role In Drug Price Negotiations, Eddie Halwani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The U.S. government’s recent but unusual push to negotiate drug prices has struck a chord with many Americans, with polls showing a significant, bipartisan majority favoring the action.This action presents an opportunity to appreciate medical patents’ role in spurring innovation forward. Amid changing policies, medical patents shape the accessibility and affordability of care through their impact on drug pricing. Drug prices in the United States are notably high—about 2.4 times those in other developed countries.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via …

Signs Of Life: The Current State Of Generative Content And Copyright Protection, Ryan Bickett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

With the recent rise in Artificial Intelligence (“AI”) and its broadening use by the public, questions have arisen regarding the applicability of copyright law over both the content it sources and creates. While the answers remain unclear as this technology rapidly updates, there have been recent legal developments which will shape how we deal with this content.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via the Archived Link button above.

Benjamin N. Cardozo Papers, Dr. Lillian & Dr. Rebecca Chutick Law Library

Finding Aids

This finding aid describes the Benjamin N. Cardozo papers, which include handwritten notes, manuscripts, speeches, essays, and correspondence created by or related to Benjamin N. Cardozo. Materials document his legal thought, professional activities, and correspondence, particularly with his secretary Joseph M. Paley. The collection also includes notes on legal concepts and petitions before the United States Supreme Court.

Repository: Dr. Lillian & Dr. Rebecca Chutick Law Library, Benjamin N. Cardozo School of Law, Yeshiva University

Extent: 3 linear feet (6 boxes)

Arrangement: The collection is arranged in three series: Writings, Speeches, and Notes; Correspondence; and Other Papers. …

Week Of October 23, 2023 - October 27, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Mmu: 10/23/23–10/29/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 65, No. 09 (October 23, 2023)

Indiana Law Annotated

No abstract provided.

Developing A Human Right To Research In International Law, Sanya Samtani

Joint PIJIP/TLS Research Paper Series

The covid-19 pandemic has highlighted issues concerning equitable access to and participation in research. But research has always been indispensable to human development. To what extent does international law guarantee access to research as well as the practice of researching? Drawing on the social anthropology definition of research as the pursuit of that which is not yet known, this paper locates a novel human right to research within the core international human rights covenants. The paper sets out the scope and content of the right and the nature and content of State obligations flowing from it. It concludes by outlining …

Crj Moot: Linton V. Zorn, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2023 Event Invitations

Julia P. Kuan (Partner, Emery Celli Brinckerhoff Abady Ward & Maazel LLP) and Professors Alex Reinert and Betsy Ginsberg will serve as mock judges for Keegan Stephan (Associate, Beldock Levine & Hoffman LLP; Cardozo School of Law, Class of 2019), an attorney who will be arguing an appeal on behalf of the plaintiff in Linton v. Zorn, which is currently pending in the United States Court of Appeals for the Second Circuit (Case No. 22-2954).

Book Talk: Hiding In Plain Sight: How A Jewish Girl Survived Europe's Heart Of Darkness, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2023 Event Invitations

Join us for an insightful evening with Pieter van Os as he speaks about his book, Hiding in Plain Sight: How a Jewish Girl Survived Europe's Heart of Darkness, in conversation with Professor Jocelyn Getgen Kestenbaum.

Community Energy Exit, Sharon Jacobs, Dave Owen

Duke Law Journal

Communities across the United States are taking advantage of new technologies and governance forms to assert greater control over their energy systems. For decades, energy provision throughout much of the nation was heavily centralized. Even where market-oriented reforms emerged, most consumers had little ability to take advantage of the changes. But resurgent interest in municipal takeover of energy systems, alongside new phenomena such as community choice aggregation and microgrid construction, are making what we call “community energy exit” a reality. Popular and academic commentators have hailed these developments as key steps toward decarbonization, social justice, and energy democracy.

This Article …

Hawks And Doves: Evaluating Presidential Powers And Duties Against Congress's Power To Declare War, Andrea L. R. Pillai

Duke Law Journal

What would happen if Congress declared war against the president’s wishes? Would the president be forced to prosecute the war? Or are there mechanisms, whether through the system of checks and balances or the president’s own delegated, independent powers, that give the president the authority to disregard Congress’s declaration? This Note argues that a declaration of war must go through the process of bicameralism and presentment to be valid. Thus, the president has the authority to veto a declaration of war. If Congress overcomes the president’s veto, this Note concludes that the president must prosecute the war. The president does …

Shading Sunshine: The Proliferation Of Exemptions To State Open Records Laws, Cat Reid

Duke Law Journal

State and local open records laws play a vital role in our democracy. They shed light on the darkest places, exposing corruption and holding the powerful accountable. Yet lawmakers are continually chipping away at the public’s right to know by limiting the information available under open records laws. Exemptions have been passed to bolster special interests, in response to investigative journalism, and to shield lawmakers. This Note examines the proliferation of exemptions and proposes a three-pronged solution that combines statutory improvements from federal FOIA and Florida’s open records law with a call for greater public engagement on the importance of …

International Tax Law: Status Quo, Trends And Perspectives, Reuven S. Avi-Yonah

Book Chapters

This chapter addresses the status quo, trends, and perspectives in international tax law. The international tax regime (ITR) is based on two principles: the benefits principle and the single-tax principle (STP). The benefits principle gives the primary right to tax passive (investment) income to residence jurisdictions, and the primary right to tax active (business) income to source jurisdictions. Meanwhile, the STP states that all cross-border income should be subject to the rate of tax determined by the benefits principle. The chapter then argues that developments in the past decade have significantly bolstered the ITR, so that it does a much …

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Liberty University Journal of Statesmanship & Public Policy

The United States bureaucracy began as only four departments and has expanded to address nearly every issue of public life. While these bureaucratic agencies are ostensibly under congressional oversight and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founding Fathers’ design of balancing legislative power in a bicameral Congress.

The Supreme Court holds an indispensable role in mitigating the overreach of executive agencies, yet the courts’ inability to hold bureaucrats accountable has diluted voters’ voices. Since the Supreme Court’s 1984 ruling in Chevron, U.S.A. v. Natural Resources Defense …

Journal Staff

Duke Law Journal

No abstract provided.

Linton V. Zorn, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2023–2024 Flyers

No abstract provided.

Hiding In Plain Sight: How A Jewish Girl Survived Europe's Heart Of Darkness, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2023–2024 Flyers

No abstract provided.

Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu

Dalhousie Law Journal

The number of nuisance and negligence tort claims in the US against “Big Oil” companies have grown significantly in the last five years. The Netherlands case of Milieudefensie et al v Royal Dutch Shell represents the first major success of such a claim internationally. While the US cases and Milieudefensie demonstrate starkly different approaches as to how to seek accountability from Big Oil for climate change harms, the increasing judicial engagement on these issues may mean the time is right for similar lawsuits in Canada. Three Canadian common law causes of action are examined: nuisance, negligence, and unjust enrichment. Defences …

Permanent Injunctions In Defamation Actions, Hilary Young

Dalhousie Law Journal

Permanent injunctions prohibiting defamatory speech are increasingly sought and ordered following a finding of liability. This may seem unproblematic since a court will have found the particular speech to be unlawful—defamatory and likely false. However, there are good reasons to be cautious in permanently enjoining defamatory speech. This article shows that courts have recognized a test for permanent injunctions in defamation cases based on a misinterpretation of the case law—a test which is inconsistent with first principles of equitable relief. It then proposes a number of guidelines and principles for permanent injunctive relief in defamation actions. Most proposals relate to …

Ndls Communicator: Week Of 10.23.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School's Exoneration Justice Clinic earns second DOJ grant in two years
• Notre Dame Law School celebrates Professor Christian Burset’s new book
• Notre Dame Law Students Help Rebuild Lives: Summer Expungement Project Offers Fresh Starts
• Patrick A. Salvi '78 J.D. Receives Illinois Bar Foundation's Distinguished Excellence Award
• Cook County State’s Attorney Kim Foxx spoke with ND Law students about criminal justice reform and what it means to be a progressive prosecutor on October 10.
• Marcus Cole delivered opening remarks and introduced the moderator, Ed Haug at the Innovation Rally on the future of self-driving cars …

Law’S Sexual Infections, Kyle Kirkup

Dalhousie Law Journal

In 2019, the House of Commons Standing Committee on Justice and Human Rights published its study on the criminalization of HIV non-disclosure in Canada. The report recommended removing HIV non-disclosure from sexual assault laws in Canada. This constituted a welcome development for many HIV advocates. Yet other recommendations proved more controversial. In order to counter the exceptional targeting of HIV, the Committee proposed an offence for the non disclosure of all infectious diseases. This article uses the proposal to develop three arguments. First, the idea of creating an offence for all infectious diseases finds its origins in criminal laws dating …

Mixing Mathematics And Morality: Precarity And Moral Hazard In Employment Insurance And Personal Insolvency Law, Anna J. Lund

Dalhousie Law Journal

This article examines how financially precarious Canadians face particular challenges to accessing the benefits of employment insurance and personal insolvency because these two systems include features designed to guard against moral hazard. However, these design features do not adequately account for how an increasing number of Canadians are precariously employed and precariously indebted. This article synthesizes the research on precarious employment in Canada, and uses it to suggest how one might conceptualize precarious indebtedness. It then traces how the Canadian employment insurance and personal insolvency systems treat characteristics of financial precarity as evidence of misconduct. As a result, precariously employed …

Startup Failure, Elizabeth Pollman

Duke Law Journal

Venture-backed startups famously aim for a successful “exit” by going public or selling to another company through an acquisition deal and achieving financial return for all equity holders. A different path, however, is vastly more likely to occur—failure. Although high-risk innovative ventures fail at exceedingly high rates, no scholarly account systematically explains what happens to these startups at the end of their life cycle.

This Article provides a theory of startup failure: how law and culture have shaped a system for dealing with the large number of startups that cannot reach an exit that will produce a financial return for …

Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela

Immigration Law Blog

No abstract provided.

Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta

Popular Media

Excerpt:

"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."

A Comparison Of Clustered And Isolated Casino Performance In Missouri, Douglas M. Walker, Todd M. Nesbit

UNLV Gaming Research & Review Journal

This paper utilizes data on Missouri’s casino industry to examine how clustered casinos, such as those in Kansas City and St. Louis, perform compared to dispersed or isolated casinos, such as those in Boonville, Caruthersville, La Grange, and St. Joseph. Missouri limits the number of casino licenses allowed; however, it does not explicitly mandate casino locations. Missouri provides a unique natural experiment for comparing location model performance. Although there is no published research on which type of casino location model is more effective for generating industry revenues and associated taxes, state legislatures have nevertheless been following an isolated casino location …

Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney

University of Cincinnati Law Review

No abstract provided.