Law Commons^™

2023 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Vanita Gupta, Vanita Gupta, Peter B. Rutledge, Clare R. Norins, John B. Meixner Jr., Matthew R. Auer

Judge Horace J. Johnson Lecture

School of Law Dean Peter Bo Rutledge gave introductory remarks, while law faculty members Clare Norins and John Meixner co-moderated, and SPIA Dean Matthew Auer provided closing remarks.

Vanita Gupta is the 19thUnited States Associate Attorney General and serves as the third-ranking official at the Department of Justice. Associate Attorney General Gupta supervises multiple litigating divisions within the Department of Justice, including the Civil Division, Civil Rights Division, Antitrust Division, Tax Division, and Environmental and Natural Resources Division. She also oversees the grant making components of the Department, including the Office of Justice Programs, the Office on Violence Against Women, …

Fact Stripping, Joseph Blocher, Brandon L. Garrett

Duke Law Journal

Appellate fact review in constitutional litigation has never been more important. Whether someone’s rights were violated often turns on what happened—matters of fact—and not solely on matters of law. That makes it all the more striking that the U.S. Supreme Court has increasingly reversed rulings of lower courts based on factual disagreement, given that such factfinding is typically entitled to significant appellate deference. Scholars and would-be reformers have noted many problems with appellate factfinding, but have tended to assume that the Court itself has final say on the applicable standard of review.

Yet as a matter of constitutional law, the …

Does International Humanitarian Law Confer Undue Legitimacy On Violence In War?, Kieran R.J. Tinkler

International Law Studies

International humanitarian law is lauded as a civilizing force that seeks to limit the effects of war for humanitarian reasons. There is, however, an increasing sense that IHL has facilitated rather than restrained military operations by conferring undue legitimacy on violence in war. This article focuses on the nature of the relationship between legitimacy and IHL to ascertain whether this is indeed the case. It concludes that, while IHL alone cannot confer "normative legitimacy" on battlefield conduct, it does frame "empirical legitimacy." Whether such legitimacy is unwarranted is, ultimately, best judged by reference to morality. Yet insistence on the pre-eminence …

Why Law Isn’T Jazz: A Response, James A. Gardner

The Docket

No abstract provided.

Pathways To Success: Unleashing Experiential Learning In Higher Education For Aspiring Law Enforcement Professionals, Leonard A. Averhoff

Seton Hall University Dissertations and Theses (ETDs)

This generic qualitative inquiry (GQI) explores experiential learning in higher education for students interested in law enforcement careers. Through interviews and focus group discussions, the study aimed to uncover insights into the perceptions and experiences of students engaging in a university student security program (USSP). The USSP allows full-time students to work as uniformed, unarmed paid employees of the university’s police department providing various law enforcement type functions. The research identified five themes that emerged from the data analysis: exposure, career development, training, leadership, and personal growth.

The theme of exposure highlighted the importance of hands-on learning, allowing students to …

Comments Of American Economic Liberties Project On 2023 Draft Merger Guidelines, Robert H. Lande, Erik Peinert

All Faculty Scholarship

The American Economic Liberties Project (“Economic Liberties”) is a nonprofit research and advocacy organization dedicated to understanding and addressing the problem of concentrated economic power in the United States. We submit this comment with Professor Robert H. Lande, the Venable Professor of Law Emeritus at the University of Baltimore School of Law, in response to the Draft Merger Guidelines proposed by the Department of Justice Antitrust Division and the Federal Trade Commission (together, “the Agencies”). Economic Liberties and Professor Lande write together in support of the Agencies’ efforts to improve the Merger Guidelines, last updated in 2010, to match the …

Season 1 Prologue, Sara Gras

Season 01

This brief prologue explains a bit about who I am as host and creator of Season 1 of Hearsay from the Sidelines. You can learn more about me as a professional via my Seton Hall Law faculty profile. My interest in creating a podcast focused on the issue of transgender youth inclusion in scholastic sports grew out of a forthcoming article I wrote on podcasting as a medium for legal scholarship (draft available on SSRN). As I explain, I am not a civil rights, gender, or sports law scholar and I have not previously written about …

Vol. 65, No. 05 (September 18, 2023)

Indiana Law Annotated

No abstract provided.

Care Work, Gender Equality, And Abortion: Lessons From Comparative Feminist Constitutionalism, Linda C. Mcclain

Faculty Scholarship

Julie Suk, After Misogyny: How the Law Fails Women and What to Do About It (2023).

Julie Suk’s ambitious book, After Misogyny: How the Law Fails Women and What to Do About It, contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment. That “moment” includes being four years into the COVID-19 pandemic and over one year into the post-Roe v. Wade and Planned Parenthood v. Casey world wrought by Dobbs v. Jackson Women’s Health Organization. That moment …

Week Of September 18, 2023 - September 22, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Integrating Doctrine And Diversity Speaker Series: Can The Socratic Method Be Used In An Inclusive Classroom?, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Checking Chatgpt For Accuracy, Carolyn Williams

AI Assignment Library

In this assignment, students learn how ChatGPT works. Then they compare a response ChatGPT gives on a legal question and compares it to legal sources that ChatGPT includes in its response. Then they write a short reflection on the accuracy of the response and ethical considerations a student or attorney may need to work through before using ChatGPT to answer legal questions. The purpose of this assignment is to test the limitations of ChatGPT to increase students’ information literacy. Specifically, students should recognize that ChatGPT routinely creates fake facts, publications, citations, and law that sounds plausible, but may or may …

Mmu: 09/18/23–09/24/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Ndls Communicator: Week Of 09.18.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic students help draft UK Parliamentary report on the state of religious liberty in Nepal.
• Breck Giltner, Blake Perry, Jessica Smith, and Dennis Wieboldt, all first-year Notre Dame Law School students, have been named 2023-24 Murphy Fellows.
• The Religious Liberty Clinic represented an Iranian convert to Christianity in his asylum proceedings before the Executive Office for Immigration Review (EOIR).
• The Notre Dame Program on Law and Market Behavior (LAMB) co-sponsored the Second International Behavioral Public Policy Conference last week at the University of North Carolina at Chapel Hill.
• In this interview for the DEI podcast, …

The “Experimentor” Vs. The Experimentee: How To Eliminate Existentialism, Lance Turner

Writing Beyond the Prison Living Archive

Essay

China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo

International Law Studies

In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …

What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick

The Mid-Southern Journal of Criminal Justice

Wrongful convictions, also known as miscarriages of justice, are very common in the criminal justice system today. With the first known wrongful conviction in 1872, to the most recent in 2023, researchers have similarly identified three causes of wrongful convictions: false confessions, eyewitness errors, and investigative misconduct. Wrongful convictions can cause many physical and mental effects on post-exonerees and currently incarcerated individuals, including but not limited to, clinical anxiety, depression, and PTSD. Analyses of DNA (deoxyribonucleic acid) have proven instrumental in cases of wrongful convictions. Each exoneree should have access to the DNA database to test against the DNA evidence …

Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Blood On The Walls: The Influence Of Place Management On Jail And Prison Victimization, Victor J. St. John

Qualitative Criminology (QC)

This study examines the influence of place management on victimization within jail and prison settings. The author conducts content and thematic analysis of narratives deriving from 87 individuals who were formerly incarcerated in Newark, New Jersey, and Cleveland, Ohio. Qualitative findings illustrate that place management may set the stage for victimization by exposing persons in custody to coercive interactions, inadequately surveilled places, deplorable physical conditions, and limited access to quality health services. Such treatment fosters poor relationships among occupants within the correctional setting. I conclude that mismanaged prisons and jails influence the perpetuation of violent victimization. Correctional administrations may foster …

An Unexpected Consequence Of Pardon Powers, Frank Rosenblatt

Journal Articles

A seemingly more minor executive authority is the power to pardon crimes. The Constitution authorizes the President to “grant Reprieves andPardons for Offenses against the United States, except in Cases of Impeachment.” Id . at § 2, cl. 1. This power has not generated much attentionfrom the U.S. Supreme Court, so it does not feature prominently in constitutional law textbooks. This inattention extends beyond courts andconstitutional law texts: one thing that laypeople and lawyers might have in common is that few would list the pardon power as one of themost important things a President does.

Pilot Study: An Exploration Of Medication Assisted-Treatment (Mat) For Indigenous Americans Within Tribal Healing To Wellness Courts, Fanni Farago, Lindsay Smith, Violette Cloud, Michael Gordon, Faye Taxman

Qualitative Criminology (QC)

Considering the opioid epidemic’s adverse and disproportionate consequences on Indigenous American communities across the nation, United States federal agencies (i.e., Indian Health Service, the Bureau of Indian Affairs, and the White House Office of National Drug Control Policy) and Tribal nations are urgently calling for more substance use treatment and prevention efforts. Problem-solving courts (PSCs) are a well-known innovation for treating individuals with substance use disorders (SUDs) and those who have committed non-violent offenses. However, very little is known about these courts in indigenous communities and how they address substance use disorders. Drawing on a small sample of court coordinators …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Actionable Motivational Interviewing: Gendered Perceptions Of Probation Officer-Client Relationships, C.J. Appleton, Lindsay Smith, Danielle S. Rudes

Qualitative Criminology (QC)

Prior research purports that probation officers (POs) view the differences between women and men clients as emotional, with women being more "in-touch" with their emotions and "self-aware" of their issues (Welsh, 2019). Since probation client satisfaction links to relationships with POs (DeLude et al., 2012), it is also important to examine clients' perceptions of POs using a gendered lens that considers the potential variations in women and men clients' views of officers. This study uses 15 semi-structured interviews with women and men clients in one Northwestern probation agency. We examine clients' perceptions of the officer-client relationship, finding that clients desire …

It’S Legal But Is It Harmful? Marijuana Education Needs A Major Boost, Avi Kiel

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

Throughout the country, states are changing their marijuana laws at a dizzying pace. New York legalized recreational marijuana for those over 21 in March 2021, positioning itself to become one of the largest markets of legal cannabis in the nation. Missouri citizens voted to legalize recreational marijuana in November 2022, Minnesota became the 23rd state to legalize recreational marijuana in May 2023, and Ohio citizens will vote this November whether the state should follow this strong trend. It seems like Pennsylvania is on track to permit adult-use cannabis, with Democrats taking control of the state legislature and Governor Shapiro signaling …

The Authenticity Of The Judicial Control Records In Evidence In The Palestinian Law: A Comparative Study, Qais Qatanani

An-Najah University Journal for Research - B (Humanities)

There is no doubt that the criminal judge enjoys a wide discretion when weighing the evidence and determining the extent of its strength when forming his certain conviction, whether it is related to the evidence concluded by the accusing authority or what was raised before the court in the case. However, the reader of the legal texts cited by the Palestinian legislator in procedural law that talk about the freedom of the criminal judge to be convinced; notes the extent of its generality and its lack of a general framework that shows how limited that freedom enjoyed by the judge …

The 2011 Somalia Famine, Aya Ahmed

The Undergraduate Research Journal

In early 2011, the citizens of Somalia became unable to access basic human necessities such as food and water until the situation changed dramatically, leading to the daily death of thousands of human beings. This research paper tackles the negative consequences resulting from the Al-Shabaab movement, a movement who has the belief that applying the Sharia (Islamic Law) is the only valid solution to any issue as it is supported by the Sunni Islam, political issues, and the delay of the famine’s declaration. This research begs several questions which are: what were the factors which led to Somalia’s famine in …

Jlsa Rosh Hashanah Table, Jewish Law Student Association (Jlsa), Jewish Graduate Student Initiative

2023–2024 Flyers

No abstract provided.

John Bleazard, Mark Bleazard, And Six Mile Ranch Company, Plaintiffs-Appellees, V. Deidre Henderson, Utah Lieutenant Governor, Defendant-Appellant : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Tooele County Honorable Teresa Welch, District Court No. 220300134

Andrew Dymek, Scott D. Cheney, Sean D. Reyes, Attorney for Appellant

Robert E. Mansfield, Megan E. Garrett, Attorneys for Appellees

Timothy Skidmore And Cindy Gillman As Heirs And Personal Representatives Of Christina Skidmore, Plaintiffs/Appellants. V. Sandy Health & Rehab : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE CITY, STATE OF UTAH

Alexander Dushka, Justin Starr, James Burton, Austin Westerberg, Attorney for Appellees

Robert D. Strieper, Attorneys for Appellants

Skidmore, Deceased, Appellants/Plaintiffs V. Sandy Health & Rehab; Daffodil : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE CITY, STATE OF UTAН The Honorable Amy Oliver Presiding

Alexander Dushka Justin Starr James Burton Austin Westerberg KIRTON McCONKIE Attorney for Appellees

Robert D. Strieper (10145) STRIEPER LAW FIRM Attorneys for Appellants