Law Commons^™

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …

Social Justice Autobiography, Jacklyn Price

Writing Beyond the Prison Living Archive

Essay

James C. Robinson, Et. Al., Fisherbroyles, Llp, Et. Al., Order Denying Motions To Exclude Market Value Opinions, Eric A. Richardson

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Eradicating The “Fear Environment” In Education That Threatens Free Speech And Emboldens Sexual Discrimination, Stephen M. Mcloughlin

San Diego Law Review

This Article proposes a new conception of sexual harassment that melds the insight of social science with the parameters of sexual harassment established through the Dueling Title IX Conceptions of sexual harassment. This Fear Environment Conception of sexual harassment defines sexual harassing speech as:

Speech that creates an environment of fear that interferes with the educational experience of students by causing a reasonable student to believe that (1) they will face similar threats in the future that (2) they cannot avoid, based on the (3) perceived harmful intent of the speaker.

This Fear Environment Conception focuses on the education interference …

Mother Nature On The Run: The Sec, Climate Change Disclosure, And The Major Questions Doctrine, J. Robert Brown, Jr.

San Diego Law Review

The Securities and Exchange Commission (SEC or Commission) has proposed a rule that addresses the disclosure needs of investors with respect to climate change. The proposal would require that public companies tell investors about the risks to their business associated with climate change and explain the system and strategy of governance for monitoring those risks. In addition, the proposal would mandate the disclosure of certain greenhouse gas emissions.

The SEC’s proposal arrived contemporaneously with the Supreme Court’s announcement of the “major questions” doctrine. A deliberate attempt to limit the authority of the executive branch, the doctrine would restrict agencies from …

Olivia Armell-Walker V. Isaiah St. Cyr, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

The Spac Market, Usha Rodrigues, Michael Stegemoller

Scholarly Works

Special purpose acquisition companies (SPACs) exploded in popularity in the past few years, to such a degree that they made up 60% of IPOs in 2020, 66.3% in 2021, and 69.4% in 2022. Celebrities from Colin Kaepernick to Jay-Z have launched SPACs, but perhaps the most feverish attention came in October 2021, when a SPAC called Digital World Acquisition Corp (DWAC) announced plans to acquire Trump Media & Technology Group (TMTG), a social media company headed by former president Donald Trump.

The SPAC frenzy has now abated, a casualty of some combination of higher interest rates, regulatory crackdown, and oversupply. …

This Ain't Nothin' New, Samhermundre Raemune Wideman

Writing Beyond the Prison Living Archive

Autobiography, Essay

V.60-2, 2023 Masthead

San Diego Law Review

No abstract provided.

Defending Dobbs: Ending The Futile Search For A Constitutional Right To Abortion, Robert J. Pushaw, Jr.

San Diego Law Review

In short, the Court is on the right track in cases like Dobbs by retreating from eccentric, unreviewable, common law policymaking and instead focusing on the Constitution itself.

Alas, average Americans, politicians, pundits, and even lawyers rarely read Court opinions but instead care only about whether they personally agree with the outcome, as the reaction to Dobbs illustrates. One can hardly blame them, as the Court’s constitutional opinions have often featured legal window dressing for results already reached on political or ideological grounds. Therefore, the current majority of Justices must illuminate the public about the Court’s proper role in interpreting …

Challenges To Environmental Impact Reports Under The California Environmental Quality Act: To Partially Decertify Or Not, That Is The Question, Andrew Dallas Kent

San Diego Law Review

This Comment will provide (1) a background of CEQA and the importance of the EIR for decision-making; (2) a framework of the current split in the California Courts of Appeal as to whether an EIR can be partially decertified; (3) a breakdown on the current split; (4) an analysis of the potential impacts the split has on development projects; and (5) solutions that clarify a court’s remedies explicitly allowing partial decertification of an EIR under CEQA.

What Is The Optimal Basis For Imposing Government Liens?, Randall K. Johnson

Faculty Works

By presenting a detailed case study, which focuses on who gets subjected to government liens, this essay helps U.S. states to make more informed decisions. It seeks to do so by critically assessing Illinois’ historic approach to lien imposition and enforcement, in part, because this state had the most forced sales of real property in recent years. In addition, Illinois also generated the largest amount of related economic losses in the U.S. during that same time period. This state did so despite adhering to the old majority rule for turning over surplus value from such sales. That rule required creditors …

Junction Market Fairview, L.C., A Utah Limited Liability Company, And Bluecap Investment Group, L.C., A Utah Limited Liability Company, Plaintiffs/Appellees V. Manmohan Grewal, An Individual, And Lippa Grewal, An Individual, Defendants/Appellants : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Alan L. Smith, Attorney for Plaintiffs/Appellees

Alan L. Smith, Attorney for Plaintiffs/Appellees

Jared L. Anderson, Attorney for Defendants/Appellants

Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Richards Mcconville

Popular Media

No abstract provided.

Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen

Journal Articles

This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers …

Meet Our New Faculty: Yvette Butler, James Owsley Boyd

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

Associate Professor Yvette T. Butler joined the Indiana Law faculty this summer. She earned an undergraduate degree from the University of Minnesota, Morris, and her law degree from The George Washington University Law School.

Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Larry R. Simper, Petitioner And, Appellant V. Utah Board Of Pardons And Parole, Respondent And, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Memorandum Decision and Order of the Third Judicial District Court, Salt Lake County, Judge Barry Lawrence

Larry R. Simper, Appellant Pro Per

Andrew Dymek, Attorney for Appellee

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

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A CRIMINAL SENTENCE JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE DON M. TORGERSON OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Defendant/Appellant, True Sparling

Larry R. Simper, Petitioner And, Appellant V. Utah Board Of Pardons And Parole, Respondent And, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Memorandum Decision and Order of the Third Judicial District Court, Salt Lake County, Judge Barry Lawrence

Larry R. Simper Appellant Pro Per

Andrew Dymek (9277) Asst. Utah Solicitor General Attorney for Appellee

Ndls Communicator: Week Of 08.07.23, Notre Dame Law School

NDLS Communicator

The Latest News

• The Religious Liberty Initiative and Brigham Young University’s International Center for Law and Religion Studies recently hosted a conference at the University of Oxford.
• Emily Bremer has been appointed a Senior Fellow of the Administrative Conference of the United States (ACUS), an independent federal agency that provides authoritative, nonpartisan legal advice on administrative law and federal regulatory procedures.
• Mary Ellen O'Connell was on “Background Briefing with Ian Masters” podcast.
• Nicole Garnett reviewed “Sacred Easements,” a forthcoming paper in the Virginia Law Review written by new faculty member Rev. Patrick Reidy, C.S.C.
• Jimmy Gurulé was quoted about the …

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A CRIMINAL SENTENCE JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE DON M. TORGERSON OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH

Lindsey Wheeler

K. ANDREW FITZGERALD, Attorney for Defendant/Appellant, True Sparling

Victim Protection And The Dynamic Situation Of Human Trafficking: Indonesia Experience, Nathalina Naibaho

Indonesian Journal of International Law

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized …

Response To Conophillips' Opposition To Un Rapporteurs Amicus Brief, William Snape, David Hunter

Amicus Briefs & Court Filings

Defendant-Intervenor ConocoPhillips made a number of incorrect and misleading statements in their opposition to the UN Special Rapporteurs proposed amicus brief. This response explains the relationship of the UN Special Rapporteurs to American University’s Washington College of Law, as well as the employment status of the two attorneys who authored the UN Rapporteurs’ amicus brief.