Law Commons^™

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth Judicial District Court For Garfield County, Honorable Judge Mandy Larsen

NICOLAS C. WILDE, TREVOR J. LEE, Counsel for Appellant

BARRY HUNTINGTON, JERRY JAEGER, Counsel for Appellee

Keep Your Fingerprints To Yourself: New York Needs A Biometric Privacy Law, Brendan Mcnerney

St. John's Law Review

(Excerpt)

Imagine walking into a store, picking something up, and just walking out. No longer is this shoplifting, it is legal. In 2016, Amazon introduced their “Just Walk Out” technology in Seattle. “Just Walk Out” uses cameras located throughout the store to monitor shoppers, document what they pick up, and automatically charge that shoppers’ Amazon account when they leave the store. Recently, Amazon started selling “Just Walk Out” technology to other retailers. Since then, retailers have become increasingly interested in collecting and using customers’ “biometric identifiers and information.” Generally, “biometrics” is used to refer to “measurable human biological and behavioral …

One Test To Rule Them All: Retiring The Dual Standard For Fictional Character Copyrightability In The Ninth Circuit, Kiersten Daly

St. John's Law Review

(Excerpt)

From Captain Jack Sparrow sailing on the Black Pearl in Pirates of Caribbean to Frodo Baggins trekking through Mordor in Lord of the Rings, well-developed characters are vital to the success of a story. Iconic characters like Captain Jack and Frodo Baggins have each developed a cult following as a result of their interesting storylines and character development. The instant recognition and nostalgia associated with such iconic characters has motivated companies to monetize their likenesses. Whether it is car companies recreating the Batmobile or the recent trend in creating story-based pop-up shops, there is a lot of value …

Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea

St. John's Law Review

(Excerpt)

When JayCee Cooper walked out onto the platform at a women’s powerlifting competition for the first time, “everything else fell away: her years-long internal struggle over her gender identity, her decision to leave men’s sports when she began transitioning, her doubts that she would ever feel safe if she returned to competitions.” Powerlifting was JayCee’s way of feeling empowered in her own life, but after signing up for more competitions, she was told she could no longer compete because of a discriminatory policy that barred transgender women. Transgender athletes play sports for the same reasons as anyone else, including …

Unaccompanied Children And The Need For Legal Representation In Immigration Proceedings, Sejal Singh

St. John's Law Review

(Excerpt)

An unaccompanied child is defined as someone who enters the United States under the age of eighteen, without lawful status, and without an accompanying parent or legal guardian. Despite the term’s implication, many children do not enter the country alone but are either separated from their family members at the border or left by smugglers or other migrants near the border. The number of unaccompanied minors plunged in early 2020 due to border closures and restrictions amid the COVID-19 pandemic; however, a recent surge has led to a strain on government resources and a backlog of cases in immigration …

Education And Democracy From Brown To Plyler, Nicholas Espíritu

St. John's Law Review

(Excerpt)

Judicial review has often been cast in terms of democratic legitimacy. Democratic legitimacy is often linked to whether it institutes the will of the people through majoritarian rule and whether it creates processes for reevaluation of these prior decisions by newly constituted majorities. Judicial review of majoritarian decisions has often been criticized as a overriding or circumventing of these democratic processes. Beginning with Brown v. Board of Education, the Warren Court adopted a resolution of the “counter-majoritarian difficulty” of judicial review by tacitly accepting Justice Stone’s formulation from footnote four of United States v. Carolene Products and engaging …

Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel

St. John's Law Review

(Excerpt)

A woman seeks refuge at the U.S. border, but U.S. officials force her to wait for her asylum hearing in Mexico where a police officer later stalks and rapes her. A father and child suffer unbearable trauma after U.S. officials separate them under a policy aimed at deterring migration. A formerly healthy family loses a loved one to the coronavirus while forced to wait at an unsanitary, makeshift tent city in Mexico after fleeing for safety to the United States. For the people impacted by U.S. border policies, the southern border is a dangerous place—it is the site of …

Opening Remarks, Shoba Sivaprasad Wadhia

St. John's Law Review

(Excerpt)

Thank you. I am honored to be here. And there is no more fitting way to honor Michael than around the 40th anniversary of Plyler v. Doe.

This case centered on Texas statute § 21.031, which on its face, permitted the local school districts to exclude noncitizen children who entered the United States without immigration status or to charge admission for the same. The questions before the Court were: (1) whether a noncitizen under the statute who is present in the state without legal status is a “person” and therefore in the jurisdiction of the state within the meaning …

Introduction, Rosemary Salomone

St. John's Law Review

(Excerpt)

This issue of the St. John’s Law Review includes several Articles that were initially presented at the Law Review’s Fall 2022 virtual symposium. The symposium commemorated the 40th anniversary of the Supreme Court’s landmark decision in Plyler v. Doe as a starting point for discussing current immigration law in the United States. It was dedicated in memory of Professor Michael A. Olivas, who held the William B. Bates Distinguished Chair in Law (Emeritus) and was the Director of the Institute for Higher Education Law and Governance at the University of Houston Law Center. Professor Olivas, a passionate advocate of …

In Memoriam

St. John's Law Review

(Excerpt)

The editors of the St. John’s Law Review respectfully dedicate this issue to Professor Olivas.

Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 756. Correspondence and papers of Joseph M. Whittle, a Grayson County attorney who served as U.S. Attorney for the Western District of Kentucky from 1986-1993.

Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet examines data from the RAND Corporation report “Understanding Firearm Deaths by State—and How to Reduce Them,” which provides data on state and national rates of firearm related deaths, including suicides and homicides for 2020 This fact sheet includes firearm death data for five Mountain West states: Arizona, Colorado, Nevada, New Mexico, and Utah.

Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023 Event Invitations

Join the Cardozo Dispute Resolution Society and the Kukin Program for Conflict Resolution for a “Pathways to Arbitration” panel discussion featuring Jeffrey T. Zaino, Betsy Hellmann, Charles Moxley and Luis Martinez.

The discussion will include an introduction to the arbitration process, career pathways into arbitration and current issues in dispute resolution. The evening will conclude with a networking reception with Cardozo alumni who work in arbitration.

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for driving under the influence of alcohol, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Christine S. Johnson presiding

STACI VISSER, ANN MARIE TALIAFERRO, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, RICHARD KENNERLEY, Counsel for Appellee

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for driving under the influence of alcohol, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Christine S. Johnson presiding.

STACI VISSER, ANN MARIE TALIAFERRO, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, RICHARD KENNERLEY, AMY POMEROY, Counsel for Appelleе

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

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM ORDER AND RULING ENTERED BY THE FIRST JUDICIAL DISTRICT COURT OF CACHE COUNTY, STATE OF UTAH, THE HONORABLE JUDGE ANGELA FONNESBECK PRESIDING

Jonathan P. Thomas DAINES, THOMAS & SMITH, LLP Attorney for Appellee

James C. Jenkins (#1658) OLSON & HOGGAN, LLC Attorney for Appellant

Cardozo Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

Entrevista Com Prof. James Green, James Green

Spect-actor: A Journal of Pedagogy & Theatre of the Oppressed

No abstract provided.

Prof. James Green, President Of The Washington Brazil Office: Interview By Patricia Freitas Dos Santos, James Green

Spect-actor: A Journal of Pedagogy & Theatre of the Oppressed

The Washington Brazil Office has been active until the date of publication (August 2023), producing content in English with open access to the public. All Washington Brazil Office publications, including the Brazilian Electoral Bulletin, opinion pieces, reports, and podcasts, are available at https://www.braziloffice.org/

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"[B]y any reasonable measure, BYU Law has become a great law school. Whether you examine faculty influence, student credentials, bar passage, graduate placement, low graduate indebtedness, library resources, or myriad other factors, BYU Law School is one of the finest law schools in the United States."
– D. Gordon Smith

The Future Of Intersectionality In Employment Law, Suzette Malveaux

Scholarly Articles

Recent social justice movements—such as #MeToo and Black Lives Matter—have pushed mainstream American society to reckon with the ubiquity and persistence of systemic sex-based and racial inequities. At the heart of the firestorm are Black women, whose identity at the intersection of sex and race often exposes them to pervasive, but also unique employment discrimination and sexual harassment. Jamillah Bowman Williams’s Beyond Sex-Plus: Acknowledging Black Women in Employment Law and Policy stands out as an exceptional examination of the how courts deal with such “intersectional” claims.

Vol. 65, No. 04 (September 11, 2023)

Indiana Law Annotated

No abstract provided.

Mmu: 09/11/23–09/17/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

City Of Erda, Appellant V. John Bleazard, An Individual, Mark Bleazard, An Individual, Six Mile Ranch Company, A Utah Corporation, Appellee : 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

Janet Conway, Attorney for Appellant

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

Affirmatively Disclosing Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel

Online Publications

Administrative agencies’ law-generating powers have long been recognized, as has the importance of making agency-generated law available to the public. In 1971, the Administrative Conference of the United States (ACUS) recommended that “agency policies which affect the public should be articulated and made known to the public to the greatest extent feasible.” Over the years, ACUS has adopted numerous recommendations to that end.

Week Of September 11, 2023 - September 15, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law

2023 Event Invitations

Join the Burns Center for a conversation on the Supreme Court with Adam Liptak, who is considered one of the most highly regarded legal affairs journalists in the country. He will be joined by two distinguished Cardozo law professors, Jessica Roth and Alexander Reinert. They will discuss current ethical issues surrounding the court, challenges to the court's legitimacy and upcoming and recently decided cases on issues such as abortion rights, gun regulations, same sex marriage and more.

Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law

2023 Event Invitations

Join Dean Leslie and meet the new Vice Dean, Professor Felix Wu. Professor Wu is also a trademark and privacy law scholar and director of the Cardozo Data Law Initiative. His areas of expertise include cybersecurity, intellectual property and more. Come hear about his work, and about his new role as Vice Dean or use this opportunity to ask the dean about anything on your mind.

Darlene Rouse, Appellant/Petitioner V. Utah Labor Commission, Walmar, And/Or New Hampshire Insurance Company, Respondents / Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Loren M. Lambert, Attorney for Appellant Darlene Rouse, Jaceson R. Maughan, Attorney for the Utah Labor Commission

David H. Tolk, Attorneys for Walmart Store and New Hampshire Insurance Company

Darlene Rouse, Appellant/Petitioner V. Utah Labor Commission, Walmar, And/Or New Hampshire Insurance Company, Respondents / Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Loren M. Lambert, Attorney for Appellant Darlene Rouse, Jaceson R. Maughan, Attorney for the Utah Labor Commission

David H. Tolk, Attorneys for Walmart Store and New Hampshire Insurance Company