Law Commons^™

Prosecutorial Actus Reus: Appellate Review Of Prosecutorial Misconduct And The Diminishment Of Responsibility, Elizabeth Griffiths, Heather L. Scheuerman, Sandy Xie

International Journal on Responsibility

The socio-historical concept of criminal responsibility links the action (actus reus) and mental state (mens rea), or intention, of the actor (i.e., the defendant) to determine legal and moral liability for his or her behavior and to apportion punishment. When the actor responsible for immoral conduct is the prosecutor in pursuit of a conviction, the courts respond very differently. More specifically, because prosecutors are presumed to be moral and ethical system actors, assumptions about their good character likely influence the ways in which they are held to account. This study explores the content and arguments made …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Cardozo Law News Brief: August 18, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Pamela Foohey
• Peter Goodrich
• Young Ran (Christine) Kim

Campus News:

• Meet the Cardozo Class of 2026!
• Cardozo Hosts 2023 Intellectual Property Scholars Conference
• Perlmutter Center Deputy Director Derrick Hamilton Pens Op-Ed in NY Daily News

Doctors’ Duty To Provide Abortion Information, Michelle Oberman, Lisa Soleymani Lehmann

Faculty Publications

With abortion remaining legal in over half of the country and a proliferation of websites offering information on how to access abortion medications, ending an unwanted early-stage pregnancy remains surprisingly easy. That is, easy for those who know where to look. But not all patients have equal access to reliable information. This Article addresses the urgent downstream harms caused by the lack of access to abortion information, particularly among the most vulnerable Americans, and argues that, in view of these consequences, regardless of abortion’s legal status, clinicians have a duty to provide their patients with abortion information.

We begin with …

Abortion Counseling, Liability, And The First Amendment, Michelle Oberman, Katie Watson

Faculty Publications

No abstract provided.

Against Silence: Why Doctors Are Obligated To Provide Abortion, Michelle Oberman

Faculty Publications

As a lawyer, I have long been interested in the gap between law and the books and law in practice. In 2008, this curiosity led me to Latin America, where I began studying the impact of the world's most restrictive abortion bans. My first stop was Chile, which at the time banned abortion under all conditions–– there was not even an exception to save women's lives. Raised on the history of what happened when abortion was illegal in the United States prior to Roe v. Wade, I knew asking doctors to share their experiences was one way to gauge the …

On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy

St. Mary's Law Journal

No abstract provided.

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …

Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning

St. Mary's Law Journal

No abstract provided.

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.

Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya

St. Mary's Law Journal

No abstract provided.

The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti

St. Mary's Law Journal

This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.

Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

St. Mary's Law Journal

Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …

The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende

St. Mary's Law Journal

No abstract provided.

Cita B. Litt, And Jack Litt, Llc, Plaintiffs / Appellants, V. Haynie & Co., David Peterson, And Daniel Baird Defendants / Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly, District Judge, Presiding District Court No. 180905220

John W. MacKay, Ryan W. Smith, Attorneys for Plaintiffs/Appellants

Vincent J. Velardo, Thomas J. Rollins, Attorney for Defendants/Appellees

The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier

St. Mary's Law Journal

No abstract provided.

Board Of Pharmacy, Shannon Dart, Angela O’Hara

California Regulatory Law Reporter

No abstract provided.

Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Adding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.

In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation.

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Davis County, Honorable David J. Williams, Case No. 174700031

Julie J. Nelson, Attorneys for Appellee John Hillam, Stacy J. McNeill, Joshua L. Lee, Attorneys for Trust Appellees

Bart J. Johnsen, Alan S. Mouritsen, Attorneys for Appellant Loveland

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Fourth Judicial District Court, Utah County, Honorable Derek P. Pullan

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Appellant/Plaintiff

Mark O. Morris, Cameron J. Cutler, Benjamin J. Mills, Attorneys for Appellees/Defendants

Prisoner Of War Status And Nationals Of A Detaining Power, W. Casey Biggerstaff, Michael N. Schmitt

International Law Studies

This article examines whether a Detaining State is obliged to recognize prisoner of war status for its own nationals under Article 4A of the 1949 Geneva Convention III. It begins with an assessment of that article from the perspective of established principles for construing treaty provisions. It then adds context to that assessment by examining relevant scholarship and State practice regarding its prescriptions before and after the Convention’s negotiation and adoption. Although it concludes that denying prisoner of war status to a national of the Detaining Power is the more persuasive interpretation of Article 4A, it concludes by highlighting the …

State Of Utah, Plaintiff/Petitioner V. Brevan Bringhurst Baugh, Defendant/Respondent. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

William M. Hains, Sean Reyes, Counsel for Petitioner

Freyja Johnson, Emily Adams, Melissa Jo Townsend, Counsel for Respondent

David Freestone, Janet Freestone. Plaintiffs/Appellants. V. Linda Povey, Mid-Century Insurance Company, Farmers Insurance Group Of Companies. Defendants/Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS, BEFORE THЕ HONORABLE JENNIFER VALENCIA CIVIL NO. 210901418

Stuart H. Schultz, Chet W. Nielson, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Freestone, Plaintiffs V. Linda Povey; Mid­ Century Insurance Company : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS, BEFORE THE HONORABLE JENNIFER VALENCIA CIVIL NO. 210901418

Stuart H. Schultz Chet W. Nielson STRONG & HANNI Attorneys for Appellees/Defendants

Brett D. Cragun CRAGUN & CRAGUN Attorneys for Appellants/Plaintiffs

Transforming Unemployment Insurance For The Twenty-First Century: A Comprehensive Guide To Reform, Stephen A. Wandner

Upjohn Press

This book proposes options and recommendations for comprehensive reform of the unemployment insurance program that was initiated as a social insurance program by the Social Security Act of 1935. It documents the development of the program and its decline since the 1970s. Reform proposals and recommendations are synthesized from reforms suggested by policy analysts and researchers over many decades.

Policy Formulation For Managing Ship-Generated Plastic Waste Via Improved Port Reception Facility Governance, Rika Kurniaty, Setyo Widagdo, Yasniar Rachmawati Madjid, Rafly Reyhan Al Kharji, Arsella Imanda Putri

Indonesian Journal of International Law

Plastic is a significant portion of marine debris, ranging from 60% to 80%. Historically, ships have been a major contributor to plastic pollution in the ocean, followed by Indonesia, which is acknowledged as the second-largest originator. Global efforts to combat marine pollution, including plastic waste, have been undertaken through international agreements like MARPOL Annex V. This agreement has mandated countries to establish suitable port facilities for ship-generated wastes. However, an assessment of Indonesian ports indicated insufficient compliance with environmental management standards, particularly in waste handling. The current direct fee policy for waste disposal may disincentivize proper waste disposal by ship …

Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos

Indonesian Journal of International Law

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1^st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …

Evaluation Of The Electronic Bill Of Lading As An Alternative To The Traditional Bill Of Lading In Proving The Maritime Transport Contract In Light Of Jordanian Legislation: A Comparative Study With Modern International Agreements, Mohammad Khalil

Jordan Journal of Applied Science-Humanities Series

This study aimed to evaluate the electronic bill of lading as an alternative to the traditional bill of lading in proving the contract of sea carriage of goods. The research problem revolved around understanding the extent to which the electronic bill of lading serves as a substitute for the traditional bill of lading in proving the maritime transport contract in light of Jordanian legislation. To address this problem, we divided the study into two sections: The first section discussed the nature of the traditional bill of lading and its role in proving the maritime transport contract. The second section focused …

The Effectiveness Of Arbitration In Maritime Disputes According To Uae Arbitration Law No. 6 Of 2018 And International Agreements, Salha Al-Khallafi, Emad Al Dein Abd Elhay

Jordan Journal of Applied Science-Humanities Series

This study addresses an important topic in maritime arbitration, specifically the legal and practical solutions to the problems arising from arbitration in maritime disputes in light of UAE Arbitration Law No. 6 of 2018 and international agreements. The research is divided into two sections. The first section discusses the importance of arbitration in maritime disputes and is subdivided into two parts. The first part defines arbitration in maritime disputes, exploring the international, commercial, and maritime nature of such disputes. The second part examines the nature of arbitration in maritime disputes, specifically addressing whether maritime arbitration applies to contractual or non-contractual …

Multimodal Transport In Jordan According To The Multimodal International Transport Law No. 29 Of 2018: A Comparative Study, Mohammad Khalil

Jordan Journal of Applied Science-Humanities Series

This study aims to evaluate the provisions of Multimodal International Transport Law No. 29 of 2018 in comparison with the latest international conventions in this field, specifically the Rotterdam Convention of 2008 and the Multimodal Arab Transport Convention of 2009. The problem of the study focuses on answering the following question: Have national legislations and international or regional conventions succeeded in achieving the unity of the legislative regulation of multimodal transport contracts at the international level? Or are we still in need of a binding, unified international convention given the lack of enforcement of the United Nations Convention of 1980? …