Law Commons^™

Historical Notes Regarding The Red Mass At Ndls, Beth Gelroth Klein

The Red Mass

Beth Gelroth Klein responded to Denise Wager's request for information specifically about the Red Mass at Notre Dame.

Collaboration, Exclusion, And Refuge: Ftx’S Cross-Border Insolvency Strategies, Ethan Ashley

Cardozo International & Comparative Law Review (CICLR) Blog

The recent collapse of FTX and ensuing insolvency proceedings in the United States has stoked conversation regarding the administration of cross-border cryptocurrency insolvencies. In the case of FTX, insolvency proceedings in the United States, Australia, Turkey, and the Bahamas have demonstrated an unprecedented global footprint for a cryptocurrency exchange. As a result, these proceedings will have long-lasting impacts and may serve as a road map for how regulators and administrators can cooperate and navigate competing regulatory pressures and proceedings in the future.

This post was originally published on the Cardozo International & Comparative Law Review on October 2, 2023. The …

Ndls Communicator: Week Of 10.02.23, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Elena Kagan Visits Notre Dame
• Paolo Carozza, who serves as the U.S. member of the Venice Commission, is one of the rapporteurs drafting an opinion on various aspects of Chile's recent constitutional reform initiative.
• Mary Ellen O’Connell was quoted in The Economist article, "States are becoming more brazen about killing foes abroad."
• Avishalom Tor discussed his recent article "If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics" and related topics at a roundtable that took place during the annual conference of the World Interdisciplinary Network for Institutional Research …

Amicus (Fall 2023), University Of Colorado Law School

Amicus

Issue at a glance:

• Reflects on the 44-year career of Professor Mark Loewenstein
• Highlights the latest books by Colorado Law faculty
• Introduces new Colorado Law faculty
• Korey Wise Innocence Project Clients Wins Freedom
• Shares stories of philanthropy
• Recognizes milestones and successes of Colorado Law alumni

Chacahoula 2023, Tram Phan, Mallory Kaul, Alayna Pellegrin

Chacahoula

WE GROW, WE DEVELOP, WE THRIVE:

The 2023 issue of Chacahoula includes December 2022 and May 2023 graduating classes, as well as stunning photography of Week of Welcome, Homecoming, Mardi Gras, and Spring Fever. With features covering notable students, faculty, and staff, this year's time capsule beautifully preserves an academic year in the life of the University of Louisiana at Monroe.

Mid-Atlantic Ethics Committee Newsletter, Fall 2023

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Representations Of Drug-Related Harms In Sentencing: Towards Evidence-Informed, Non-Stigmatizing Approaches, Niki Kiepek

LLM Theses

This thesis explores how the concept of harm is constituted in case law pertaining to the importation, production, possession, and trafficking of drugs in Canada. A specific focus of analysis is whether judges accurately use empirical research to inform decisions. Drugs are understood as a social construct – encompassing psychoactive substances that are both legal and illegal – and as variably regulated in Canadian law. I use critical discourse analysis to examine how harm is represented in case law (n=129), identify which sources influence legal discourses (e.g., past cases, expert testimony, empirical research), and analyze outcomes arising from how harm …

Cle Working Paper No.1/2023--Driving Global Heating To 1.7° And Above: The New Canada Energy Future 2023 Report And Canada's Projected Oil Production To 2050, David Gooderham

Centre for Law and the Environment

The Canada Energy Regulator on June 20, 2023, released its new report Canada’s Energy Future 2023. For the first time the Federal Government’s energy regulator has directly addressed whether the currently projected growth of oil production in Canada to 2040 and 2050 is compatible with keeping increased warming to 1.5°C. The regulator’s analysis is based on three scenarios. Only the CER’s first scenario, the “Global Net-zero Scenario” (stated to be based on the International Energy Agency’s (IEA) “Net-Zero by 2050 Scenario”), is aligned with limiting warming to 1.5°C. That would require a very dramatic reduction in Canada’s existing oil production …

The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …

Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini

Featured Student Work

This paper conducts an analysis of the intersection between Blockchain Technology and Intellectual Property Law, with a specific focus on Trademark Law in the United States. It explores the potential utilization of Blockchain Technology to enhance the efficiency and accessibility of prosecution, maintenance, and enforcement processes for attorneys, applicants, and registrants. Additionally, the paper examines areas within the Lanham Act that could benefit from updates to promote the adoption of Blockchain Technology in trademark-related procedures.

Four Ways To Update Personnel Handbooks That Need To Become Part Of Your Annual Reviews, Sherley Cruz

Tennessee Law in the News

No abstract provided.

The Quad (The 2023 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating 75 years of the SMU Dedman Law Clinical Program

• Raggio endowed lecture: A conversation with Amal Clooney

• Faculty spotlights on Professor Eric Ruben and Carla L. Reyes

• SMU Dedman Law Tax Program with impressive influence

Recent Developments: Satterfield V. State, Karrington Hatton

University of Baltimore Law Forum

No abstract provided.

Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Glenn Harlan Reynolds, Brannon P. Denning

Scholarly Works

New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest

Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts-whose support for the Second Amendment has been suspect-assign the opinion to Justice Thomas?

Takes Two and Three concern Justice Thomas's substitution of text, history, and tradition for …

Kukin Program Newsletter – Fall 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2023 highlights key developments, events, and achievements within Cardozo Law’s Kukin Program for Conflict Resolution. The newsletter covers updates such as the launch of the Cardozo Invitational Negotiation in Entertainment, Media, and Art, and Gloria Steinem's recognition with the International Advocate for Peace Award. It also announces new courses, including The Law of Settlement and International Peacebuilding: Israel, and welcomes new adjunct faculty. Additionally, students and alumni achievements are featured, such as awards, fellowships, and new roles in conflict resolution and mediation. Notably, the newsletter shares information on restorative justice initiatives and diversity …

A Guide To Emtala, Kaylee Jacobson

Law Student Works

This Pathfinder research guide provides an overview of the Emergency Medical Treatment and Labor Act (EMTALA). This guide is intended for both attorneys in the field and hospital compliance departments. It is essential for attorneys to understand both the requirements of an EMTALA claim and the circuit splits on interpretation. Hospital compliance departments have an interest in understanding EMTALA for preventative and response measures.

This guide walks the researcher through a brief background on EMTALA and how to research the federal statute using primary, secondary, and news-based sources. The goal is to equip them with the necessary tools to perform …

Enforceability Of Exculpatory Clauses In Missouri, Samantha Cusumano

Law Student Works

Today, a vast majority of contracts signed by consumers contain provisions that release one or both of the parties from liability if personal injury occurs during the course of the contract. These provisions are referred to as liability waivers, exculpatory clauses, limitations of liability, or liability releases, and these terms are often used interchangeably within this pathfinder and in legal research relating to this topic. The effect of these provisions is that the signing party waives their right to file future claims against the other party in the event of injury or loss and relieves the drafting party of any …

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

Race, Solidarity, And Commerce: Work Law As Privatized Public Law, Shirley Lin

Faculty Scholarship

No abstract provided.

University Of Baltimore Law Forum, Volume 53, Issue 1 (Fall 2022)

University of Baltimore Law Forum

No abstract provided.

Impartiality And The Construction Of Trust In Investor-State Dispute Settlement, Stavros Brekoulakis, Anna Howard

Singapore International Dispute Resolution Academy

This article analyses impartiality in investor-State dispute settlement (ISDS) by identifying the way that the parties’ trust in arbitrators is constructed. Drawing on the findings of a large-scale empirical project, it questions the applicability of an orthodox judicial doctrine of impartiality to ISDS on the grounds that trust in arbitrators is constructed on a fundamentally different basis from that of trust in judges. The primary feature of a judicial doctrine of impartiality is that trust is founded on an absolutist approach to impartiality which is intended to ensure that judges have no predispositions to parties. In contrast, trust in ISDS …

Dei Newsletter 2023 Issue 1, University Of Maine School Of Law

DEI Newsletter

In this Issue:

• In the Spotlight, Maine Law’s new first year course entitled Introduction to Race, Racism, & US Law and the Refugee & Human Rights Clinic’s asylum workshops.

• Learn about Maine Law affinity groups and what’s going on around town, and read about recent programming at this year’s new student orientation.

Recent Developments: Faulkenberry V. U.S. Dep't Of Def., Spencer Baldacci

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 54, Issue 1 (Fall 2023)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Gambrill V. Bd. Of Educ. Of Dorchester Cnty., Grace Andrews-Becker

University of Baltimore Law Forum

No abstract provided.

Passing The Mantle: The Transformative Initiatives Of Harry Cummings, Ashbie Hawkins, And The Next Generation Of African American Lawyers In Maryland, To Utilize The Legal System And Advance The Racial Progress Of African American Citizens, Domonique Flowers

University of Baltimore Law Forum

No abstract provided.

Pricing Solar Development Options, Denis Maguire

Michigan Law Review Online

Since the 1980s, each decade has been warmer than the last. The nine years from 2014 through 2022 were the nine warmest years on record. The results of these temperature trends are familiar at this point: Ice sheets are shrinking. Glaciers are retreating at an increasing rate. Sea levels are rising. Ocean acidification is intensifying. As climate change progresses, the Earth will experience worse flooding, harsher droughts, and more severe hurricanes. Yet, there is still time to mitigate the worst impacts of climate change— time to repair the roof.

The Doj Olc Transparency Act: Is Transparency Enough To Combat Problematic Norms In The Office Of Legal Counsel?, Sarah Patrick

Northwestern Journal of Law & Social Policy

Over the last two decades, the Office of Legal Counsel has come under scrutiny for controversial opinions that have advised the President on the constitutionality of his actions, from interrogation and detention of military detainees to presidential immunity from congressional investigation and subpoenas to testify. Its opinions tend to conform with the unitary executive theory and defer to the executive’s position—and that’s only the opinions the public knows about. The Office of Legal Counsel is not required to disclose its opinions, and often does not, citing concerns about national security and the need for confidentiality.

A recent legislative effort, the …

Belonging Matters: One School’S Strategy For Fostering Community And Confidence Among Students From Historically Excluded Groups, Alexi Freeman, Caley Carlson

Northwestern Journal of Law & Social Policy

For generations, law students from historically excluded and underrepresented groups—including but not limited to students of color, students with disabilities, gender diverse and gender non-conforming students, and students who identify as LGBTQIA+—have been expected to navigate their legal educations “successfully” despite the many challenges they encounter. This article describes Denver Law Ascent, a program at the University of Denver Sturm College of Law that is designed to provide critical supports to such students and cultivate a sense of belonging early on as well as throughout students’ educational journeys. Drawing from evidence-based research and best practices, Denver Law Ascent is one …

Reasonable In Time, Unreasonable In Scope: Maximizing Fourth Amendment Protections Under Rodriguez V. United States, Thomas Heiden

Washington Law Review

In Rodriguez v. United States, the Supreme Court held that a law enforcement officer may not conduct a drug dog sniff after the completion of a routine traffic stop because doing so extends the stop without reasonable suspicion in violation of the Fourth Amendment’s prohibition on unreasonable seizures. Tracing the background of Rodriguez from the Supreme Court’s landmark decision in Terry v. Ohio, this Comment argues that Rodriguez is best understood as a reaction to the continued erosion of Fourth Amendment protections in the investigative stop context. Based on that understanding, this Comment argues for a strict reading of Rodriguez, …