Law Commons^™

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of Final Decision of the Utah State Tax Commission: Brief of Appellant

Erin Middleton Assistant Solicitor General Michelle Lombardi Assistant Attorney General Attorneys for Respondent Utah State Tax Commission Bradley C. Johnson Timothy A. Bodily Deputy District Attorneys Attorneys for Respondent Board of Equalization of Salt Lake County

Samuel A. Lambert (11915) Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

State Of Utah, Plaintiff/Appellee V. Darcy Anderson, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Fifth Judicial District Cedar City Court Judge Ann Marie Mciff Allen

Jonathan S. Bauer, Attorney for Appellee

Nicolas C. Wilde, Trevor J. Lee, Attorneys for Appellant

Hs Cornerstone Inc., Appellee, V. Matthew Oscarson And Jennifer Oscarson, Appellants : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Honorable Judge Robert Faust, District Court No. 210900350

Troy L. Booher, Taylor P. Webb, Attorneys for Appellants

Robert F. Babcock, Andrew L. Berne, Attorneys for Appellee/Plaintiff

Lois Smith Plaintiff / Appellee, V. Volkswagen Southtowne, Inc., Defendant / Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Honorable Barry G. Lawrence, Presiding

Michael A. Worel, Colin P. King, Walter M. Mason, Attorneys for Appelleеe

Rodney R. Parker, Nathanael J. Mitchell, Attorneys for Appellant

Mmu: 08/28/23–09/03/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

A Conversation With Professor Dov Greenbaum (Reichman University), Cardozo Intellectual Property & Information Law Program

2023–2024 Flyers

Join us for a conversation with Prof. Dov Greenbaum of the Harry Radzyner Law School at Reichman University in Herzliya, Israel. Professor Dov Greenbaum directs Reichman University’s Zvi Meitar Institute for Legal Implications of Emerging Technologies and is an adjunct professor at Yale University in Molecular Biophysics and Biochemistry. Dr. Greenbaum holds degrees and postdocs from Yeshiva University, Yale, UC-Berkeley, Stanford, and ETH Zurich. His doctoral research focused on informatics and big data. Before academia, he practiced law in Silicon Valley and in Israel.

Ndls Communicator: Week Of 08.28.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Judge Kenneth Ripple transitions to emeritus status after 46 years of teaching ND Law students
• ND Law’s Exoneration Justice Clinic welcomes law students and undergraduates as 2023 summer interns
• Paul Miller has published a chapter, "Fiduciary Liability and Business Judgment" in the The Research Handbook on Corporate Liability by Martin Petrin and Christian Witting.
• Jimmy Gurulé was on Bloomberg Law podcast, “Trump and 18 Allies Charged in Georgia RICO Indictment."
• Derek Muller discussed the Supreme Court decision in Moore v. Harper on CPAN's Washington Journal.
• Rick Garnett was one of the First Amendment experts who filed an …

Making Data Management Plans Machine Actionable: Templates And Tools, Joakim Philipson, Adil Hasan, Hanne Moa

Copyright, Fair Use, Scholarly Communication, etc.

Since September of 2019, a task group within the European Open Science Cloud - EOSC Nordic Project, work-package 5 (T5.3.2), has focused its attention on machine-actionable Data Management Plans (maDMPs). A delivery working-paper from the group (Hasan et al. 2021) concluded in summary that extracting useful information from traditional free-text based DMPs is problematic. While maDMPs are generally more FAIR compliant, and as such accessible to both humans and machines, more interoperable with other systems, and serving different stakeholders for processing, sharing, evaluation and reuse. Different DMP tools and templates have developed independently, to a varying degree, allowing for the …

Review Of Freedom Church Of The Poor: Martin Luther King Jr.’S Poor People’S Campaign, Danny Duncan Collum

The Journal of Social Encounters

No abstract provided.

Theorizing Social Movement Practices, Christopher Lomelín, Anna Peterson

The Journal of Social Encounters

This essay contributes to the systematic and expansive exploration of social movement practices by looking more closely at symbolic and instrumental practices, on the one hand, and works of mercy and structural transformation practices, on the other. The categories we have discussed, while far from perfect, provide valuable tools to understand social movement practices and thus movements in general. We argue that attention to practices can strengthen the systematic, comparative analysis of social movements both by calling attention to previously under-studied types of activities and by illuminating the relationships between different types of practices.

Just Peace Framework: A Brief Primer, Eli S. Mccarthy

The Journal of Social Encounters

This short primer will describe the basic components of a just peace framework. Then I will describe the recent trajectory of Catholic and Christian discourse on just peace, as well as engage a related discourse at the United Nations on sustaining peace.

A Christian Case For Racial Reparations, Daniel Philpott

The Journal of Social Encounters

National healing for the persistent wounds of racism, America’s original sin, can be advanced through a national apology, reparations and forgiveness. The frequent practice of apologies and reparations around the world in the past generation provide precedent for such measures. Christianity’s teaching of reconciliation and accompanying notions of sin, repentance, forgiveness, and atonement provide a strong moral basis for these measures and resonate with the rationales through which the United States’s greatest champions of civil rights and equality have fought against racism and slavery. Because racism and slavery were supported with the sanction of the state, in the name of …

Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische

The Journal of Social Encounters

Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …

What’S Our Venue, Victor? A Statutory And Constitutional Analysis Of United States V. Lozoya, Sean Harrison

Nebraska Law Bulletin (Selected Issues)

The court in Lozoya II chose to apply the law when and how it saw fit to reach the conclusion it desired. It should have either applied the law and ruled that under the Venue Clause, venue was not proper in the Central District of California and recommended legislative action, or it should have overturned Barnard. The latter means the assault would have occurred outside of the districts territory; meaning neither § 3237(a) nor § 3238 apply and the court could have created a new test to determine the proper venue in a way that comports the most with the …

Valuing The Lives Of Plaintiffs Of Color In Tort Law: A Critique Of The Use Of Race-Based Data In Damage Award Calculations, Alejandra Ayotitla, Ross Pesek

Nebraska Law Bulletin (Selected Issues)

Prohibiting the use of race-based data in damage award calculations will not eradicate other forms of systemic racism in tort law, as manifested in generational disparities in healthcare, education, or wealth. But it will be a step forward in valuing the lives of plaintiffs of color. To make this change, economists, the legal community, and legislators must reject what has become a widespread practice of relying on race-based data to calculate damage awards. There are additional reasons to reject such practice, most notably because the use of race-based data is a violation of the Equal Protection Clause and bad policy, …

Fraud In A Land Of Plenty, Jonathan R. Macey

Northwestern University Law Review

This Essay discusses the regulation of fraud in a developed economy and offers some explanations for why fraud appears to be on the increase. Ironically, regulation designed to combat fraud can actually increase fraud by attracting economic activity to fraud-ridden industries. In other words, regulation can create problems of its own by fostering the false perception that fraud is being addressed even when it is not. This analysis is relevant in the context of the current surge in sentiment to regulate cryptocurrencies in the wake of the FTX and Sam Bankman-Fried debacle. Such regulation threatens to attract more resources to …

Toward A Multilevel Sociology Of Fraud, Brooke Harrington, Camilo Arturo Leslie

Northwestern University Law Review

This Essay applies a distinctively sociological multilevel analysis to fraud to provide novel insights and recommendations on an old problem. Rather than treating fraud as a problem of “criminogenic environments” or of individual psychologies and motivations, this multilevel analysis investigates the ways in which individuals (the micro level) interact with organizations (the meso level) and institutional systems (the macro level) to produce fraud. We illustrate these interactions and the insight that an interactive analysis can provide by using ethnographic data from an in-depth case study of the R. Allen Stanford offshore financial fraud. The case, which occurred in the Caribbean …

Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan

Northwestern University Law Review

Decades of social science research has shown that the identity of the parties in a legal action can affect case outcomes. Parties’ race, gender, class, and age all affect decisions of prosecutors, judges, juries, and other actors in a criminal prosecution or civil litigation. Less studied has been how identity might affect other forms of legal regulation. This Essay begins to explore perceptions of deceptive behavior—i.e., how wrongful it is, and the extent to which it should be regulated or punished—and the relationship of those perceptions to the gender of the actors. We hypothesize that ordinary people tend to perceive …

Health Care Fraud And The Erosion Of Trust, Katrice Bridges Copeland

Northwestern University Law Review

In health care, trust is a foundational concept. Patients must trust that their medical practitioners are competent to treat them. The trustworthiness of medical practitioners encourages patients to disclose intimate facts about their medical issues. Further, patients must trust health care providers to demonstrate impartial concern for the patients’ well-being, also known as fidelity. In providing care, the needs of the patients, rather than financial incentives, must drive medical practitioners. Without this trust, patients may not cooperate with diagnosis and treatment. In addition to trusting providers, care outcomes are better if patients trust the health care system as a whole. …

America's Anti-Fraud Ecosystem And The Problem Of Social Trust: Perspectives From Legal Practitioners, Edward J. Balleisen

Northwestern University Law Review

This contribution revives an autobiographical genre present in law reviews roughly a half-century ago, in which seasoned legal practitioners offered perspective on vital issues. Here, a senior deputy attorney general, a former federal prosecutor, a corporate defense attorney, and a legal aid lawyer each draw on their career experience to explore what they see as significant problems related to the law of consumer and investor fraud and the nature of consumer and investor trust. Their reflections emphasize the significance of law in action—how key actors seek to deploy legal mechanisms related to fraud and adjust their strategies in light of …

Decentralized Finance Oracles, Lucia Suarez Barcia

Journal of New Finance

Financial markets have recently suffered from an increased interest of users of cryptocurrencies and decentralized finance solutions. Although Decentralized Finance (DeFi) has been designed based on smart contracts and leave out third-party intermediaries, these platforms sometimes require information from the outside world, such as exchange rates or prices. DeFi Oracles are the link solution between the on-chain world and the off-chain universe. This article describes the oracles, including taxonomy, governance and use cases. Thereafter, it considers their potential and, at the same time, addresses the possible risk that they present, which could impact the future DeFi space.

The Persistent Limits Of Fraud Prevention In Historical Perspective, Emily Kadens

Northwestern University Law Review

Fraud has been ubiquitous throughout history, and so have the methods of fraud prevention. History demonstrates that no anti-fraud measures have fully succeeded in eliminating deceptive market behavior. Instead, this Essay uses evidence from premodern England to argue that societies and individual contracting parties balance tolerating a certain amount of fraud against the costs of fraud prevention.

Auditing Overseas: How The United States Can Learn From Recent Financial Audit Reform In The United Kingdom, Daniel Damitio

Northwestern University Law Review

Financial auditing is one of the cornerstones of an effective capital market structure. When performed correctly, an independent financial audit provides investors with the security they need to effectively transact based on company disclosures. When this system fails, however, the results for investors and the economy as a whole can be devastating. In recognition of this danger, the market for financial auditing in the United States is regulated by a number of governmental and nongovernmental bodies charged with maintaining its health and effectiveness. But stakeholders within the U.S. market and government have criticized these regulators for failing to adequately respond …

Square-Peg Frauds, Miriam H. Baer

Northwestern University Law Review

The square-peg fraud is a kind of case that until very recently enjoyed the widespread support of prosecutors, jurists, and the general public. Rather than punishing a scheme that rids a victim of her money or property, the square-peg prosecution has long focused on deprivations of intangible property. For years, enforcement actors have employed this concept to pursue innumerable varieties of corruption.

Nowhere has the square peg been more essential than in the government’s prosecution of higher education scandals. From the Varsity Blues parents who wrongfully secured elite college slots for their children, to the business school dean who shaped …

Consumer Fraud, Home Financing, And The Erosion Of Trust, Linda E. Fisher

Northwestern University Law Review

Consumer fraud is a civil violation of a remedial statute not requiring specific intent to deceive. Most consumer fraud statutes define violations as unconscionable, misleading, or deceptive practices irrespective of intent, in derogation of the principle of caveat emptor. They do not apply to business-to-business transactions. Trust plays a central role in business-to-consumer transactions. Because consumers are individuals, there is often an inherent inequality in consumer transactions. Sophisticated marketing techniques—especially target marketing that follows potential customers all over the internet—hound consumers’ online lives and manipulate purchasing decisions. The increasing monetization of almost everything exacerbates these effects. This transactionalism itself erodes …

Does Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives, Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters

Articles & Book Chapters

This article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy.We argue that this notion still persists, albeit in a refined form, and that advancements in technology can exacerbate the negative consequences of managerial prerogatives. The article highlights the need to re-examine the extent of managerial prerogatives and provides several examples of businesses that have adopted trust-based models of organization, leading to positive outcomes. However, the …

Progressive Prosecution, Sherry Boston, Rachel Foran, Deborah Gonzalez

Georgia Criminal Law Review

No abstract provided.

Juvenile Sentencing In Georgia, Randee Waldman, Emily Boness, Kaitlyn Barnes, Aakeem Woodard

Georgia Criminal Law Review

No abstract provided.

Carl Vinson Institute Presentation, Holly Lynde

Georgia Criminal Law Review

No abstract provided.

Event Overview, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.