Law Commons^™

The Apex Bone Wearing Out In The Light Of Sharia And Science, Omar Gabis

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

This research studies an issue in which Sharia scholars differed in the past, while was not of interest to scholars recently, namely: Does the last part of the human coccyx bone (apex) dissolve? Some hadith mentioned that the apex wears out, which was the reason for the divergence of the opinions of scholars in answer to this question over time. As far as informed, the researcher did not find a schooler who singled out this issue in any scientific research. The difficulty of answering this question may lie in the inability to conduct empirical research on this part, in addition …

The Nebraska Criminal Law Practitioner's Guide To Representing Non-Citizens In State Court Proceedings, 2023 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

PREFACE TO THE 2023 EDITION I promised myself, after the long-overdue revisions reflected in the 2021 edition, that I would do my best to update this Guide every year. This is the second installment on that pledge. Although there have been modest changes these past two years, there are still important updates incorporated into this year’s edition. I have also expanded on some of the topics that appeared in the 2021-2022 editions, as my thinking – and caselaw – continue to evolve.

On March 31, 2010, the lives of criminal law practitioners changed dramatically. On that day, the United States …

W&L Law Library Annual Report 2022-2023, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

United States Of America V. Donald J. Trump, Defendant, Jack Smith

United States Department of Justice: Publications

Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …

Wellness And The Occupational Impact Of Being A Police Officer, Daisy Nunez, Karen Park

Summer 2023 Virtual OTD Capstone Symposium

The occupational impact of being a police officer was researched. Along with the barriers and supports to wellness services. The study aimed to answer both those questions to analyze the impact of wellness on the population.

A Theory Of Substantive Standards Of Review: The Case Of Corporate Law, Tomer S. Stein

Scholarly Works

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited deference to universities. In West Virginia v. EPA, the Court reduced its deference to administrative agencies. In Coster v. UIP Cos., Inc., the Delaware Supreme Court limited deference to boards of directors, proclaimed a new standard of review, and then retracted the new standard of review (maybe). Common to these constitutional, administrative, and corporate law cases is unpredictability, uncertainty, and inconsistency in the use and application of substantive standards of review. This doctrinal chaos is explicitly acknowledged by the very judges that formulate …

Legal Needs And Health Outcomes For People With Cancer In Medical-Legal Partnership Programs: A Systematic Review, Allison B. Dowling, Caitlin Schille Jensen, Abigail Sweeney, C. Scott Dorris, Deborah F. Perry

HJA Scholarship

Medical-legal partnerships (MLPs) integrate lawyers into the medical team to address patients’ unmet legal needs that create barriers to good health and well-being (i.e., “health-harming legal needs”) and improve health outcomes. Given the growing popularity of MLP as an innovative healthcare model, this review has two objectives: to identify peer-reviewed literature measuring (1) cancer patients’ legal needs, and (2) outcomes for cancer patients after receiving MLP legal services. A systematic literature search was conducted in concordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) for the period 2006- 2022. Four articles met the inclusion criteria for objective …

N Y State Dent J August-September 2023

The New York State Dental Journal

In the August-September 2023 issue, the reader will find the following feature articles:

• Iatrogenic Indirect Compression of the Inferior Alveolar Nerve by a Dental Implant
• Use of Dentoalveolar and Zygomatic Implants in Restoration of Maxillary Defect Following Fibula Free-flap Reconstruction Failure
• Flapless Approach to Dental Implant Surgery: To Use or Not to Use?

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Resuscitating E-Commerce's Transnational Promise With Out-Of-Court Processes, Oladeji Tiamiyu

Sturm College of Law: Faculty Scholarship

E-commerce is increasingly taking a central role in conducting commercial transactions. This burgeoning industry has shaped how, when, and even why consumers transact. While catalyzed by the pandemic, increased use of e-commerce platforms is a multi-decade historical trend. Yet regulators throughout much of the world have been slow in how they regulate these platforms. In recognition of the growing importance of digital transactions, regulators have increasingly explored what should be the appropriate amount of oversight for platforms that have relied on substantial self-regulation. Regulation has increased the difficulty for private and public enforcement of antitrust laws, compromising a variety of …

In The Room Where The Constitution Happens, Lorianne Updike Toler

College of Law Faculty Publications

Constitution-writing, according to the United Nations, should be participatory, non-exclusionary, and transparent. Recent scholarship has identified group inclusion, or ensuring that a broad swath of enfranchised groups is welcomed into the drafting room, as the lodestar of constitutional process. In making this comparative case--one which has important implications for modern constitution-writing--scholarship provides precious little empirical evidence, particularly from the historical genre. This ignores the benefit of studying the oldest constitution-writing traditions in America and all that can be learned by tracing a practice or idea to its roots.

This study, the first monogram on New Hampshire’s five constitution-writing processes between …

Repair As Research: How Copyright Impedes Learning About Devices, Anthony D. Rosborough, Aaron Perzanowski

Joint PIJIP/TLS Research Paper Series

Widespread computerization and ubiquitous smart devices have enabled software-based copyright governance to reach into new domains. Beyond their instrumental utility, these devices are also containers of vast amounts of information in the form of software and technical know-how. Through copyright and anti-circumvention rules, however, this information can be cordoned off and confined to exclusive distribution channels. This can have a significant impact on research. While copyright law traditionally conceives research as the use of expressive works within institutional settings, this paper proposes a broader conceptualization that includes device research, including informal inquiries and DIY activities. Whether for the purposes of …

False Or Misleading? Preemption, Fifra, And California’S Common Law “Duty To Warn” In Hardeman V. Monsanto Co., 997 F.3d 941 (9th Cir. 2021), Nathan Wise

Wyoming Law Review

No abstract provided.

Revealing Realities Hidden Behind The Curtain Of Subjective Syndromes: The Seventh Circuit Changes The Narrative Around Expert Evidence On Battered Woman Syndrome In United States V. Dingwall, Keane Brazda

Villanova Law Review (1956 - )

No abstract provided.

Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison M. Freedman

Villanova Law Review (1956 - )

No abstract provided.

Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey

Villanova Law Review (1956 - )

No abstract provided.

Time's Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller

Villanova Law Review (1956 - )

No abstract provided.

Don't Let The Sun Go Down On Same-Sex Parental Rights: How Relying On Mutual Consent At The Time Of Artificial Insemination And Childbirth Can Uphold Legal Parentage Of Separated Same-Sex Couples, Danielle M. Digrazia

Villanova Law Review (1956 - )

No abstract provided.

Putin's Matryoskha: A War Reparations Facility For Rebuilding Ukraine, Lev E. Breydo

Faculty Publications

This Article addresses a critical, trillion-dollar question: How do we hold Russia accountable for the reconstruction of Ukraine? The nation has been devastated by Russia's brutal war of aggression, with tens of thousands killed, millions displaced and its economy in shambles. The enormity of the problem cannot be overstated.

Existing proposals to support Ukraine, including many from prominent scholars, largely focus on seizing Russian assets, particularly central bank reserves "frozen" by sanctions. Such strategies, however, are legally problematic-- likely well beyond the scope of Presidential authority-- and financially insufficient. Moreover, while prospective new legislation could expand presidential powers, it risks …

Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng

Faculty Publications

Globally, decentralized energy systems are gaining popularity due to their potential for energy accessibility, energy resilience, and sustainability benefits. Existing research on an energy system decentralization approach, community choice aggregation (CCA), shows its ability to lower energy costs and increase renewable electricity consumption for U.S. communities. Nevertheless, research on the relationship between CCA and distributed electricity generation development is lacking. This paper fills this gap by investigating if the CCA approach associates with distributed generation capacity interconnection in California municipalities. The finding shows that although the average capacity has increased for all municipalities throughout the study period, contrary to proponents’ …

Committee Prosecution: Using Expert Opinion To Make Criminal Justice Descisions More Impactful, Ellison Berryhill

University of Michigan Journal of Law Reform Caveat

Those uninitiated to the reality of the United States’ criminal justice framework may believe that judges are the most powerful actors in the system. These casual observers watch crime shows filled with trials where judges make rulings and yell at people who are out of line. Viewers may believe in the adversarial system as a war between zealous prosecutors seeking justice and defense attorneys fighting for their client’s innocence. They may think of judges as neutral arbiter who makes the ultimate decisions. Unfortunately, that is not the case.

Alternatively, casual observers may think that the jury is the most powerful …

John Doe, Appellant / Cross-Appellee, Vs. State Of Utah, Office Of State Debt Collection, Appellee / Cross-Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court Case No. 190907882, the Honorable Kent Holmberg

John Dое Pro Se, Appellant

Sarah Goldberg, Jacob Franklin, Sean D. Reyes, Counsel for Appellees

Silala River Case: The Equitable Utilization Right And The Issues Of Water Commodification And Artificial Flows, Agnes Chong

Wyoming Law Review

No abstract provided.

Women In U.S. Law Schools, 1948-2021, Elizabeth D. Katz, Kyle Rozema, Sarath Sanga

UF Law Faculty Publications

We study the progress of women’s representation and achievement in law schools. To do this, we assemble a new dataset on the number of women and men students, faculty, and deans at all ABA-approved U.S. law schools from 1948 to the present. These data enable us to study many unexplored features of women’s progress in law schools for the first time, including the process by which women initially gained access to each law school, the variance in women’s experiences across law schools, the relationship between women’s representation and student achievement, and the extent to which women disproportionally occupy interim and …

Interstate Immunity And The Uncompleted Constitution, Mark D. Rosen

UC Law Journal

In a recent decision, the Supreme Court held that “the founding generation took as a given” that states would be constitutionally immune to suit in the courts of sister states, overruling an earlier ruling that interstate immunity is governed by state law. This Article rejects both approaches, showing that interstate immunity was unaddressed by the original Constitution and the Eleventh Amendment. But though interstate immunity is what this Article calls a “constitutional omission,” what ultimately fills it must be federal law. Filling in a constitutional omission necessarily requires a choice among options—what philosophers call an exercise of agency. But the …

The New Fourth Era Of American Religious Freedom, John Witte Jr., Eric Wang

UC Law Journal

The U.S. Supreme Court has entered decisively into a new fourth era of American religious freedom. In the first era, from 1776 to 1940, the Court largely left governance of religious freedom to the individual states and did little to enforce the First Amendment Religion Clauses. In the second era, from 1940 to 1990, the Court “incorporated” the First Amendment into the Fourteenth Amendment Due Process Clause and applied both a strong Free Exercise Clause and a strong Establishment Clause against federal, state, and local governments alike. In the third era, from the mid-1980s to 2010, the Court softened the …

Youthful Offenders Sentencing Trends In Pennsylvania, Monika Nwajei

All Theses

The overwhelming majority of existing literature on the effects of age on judicial sentence decision-making focuses on juveniles (ages 18 and below) and older adults. This paper focuses on offenders between the ages of 18-29, who fall legally outside the definition of juvenile, yet do not have the full brain development or clinical maturity of an adult to provide knowledge of sentencing outcomes for different populations and a well-rounded review and critique of judicial sentence decision-making (Johnson, Blum, & Giedd, 2009). Using a series of logistic regression analyses on the Pennsylvania Commission Sentencing (PCS) data from 2001 to 2018, I …

Provisions On Liability For Decommissioning Upstream Offshore Oil And Gas Infrastructure In Investor–State Contracts, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres

Columbia Center on Sustainable Investment

Offshore oil and gas operations are inherently hazardous to the environment, posing environmental risks and impacts throughout all stages of the operations: exploration, development, production, and decommissioning. Offshore decommissioning consists of the process of planning, funding, and implementing measures aimed at safely closing, repurposing, or removing the infrastructure and equipment used in the exploration and production of oil and gas in the marine environment, and at mitigating their impacts. It encompasses a series of activities, including the safe plugging and closure of wells, the removal of equipment and pipelines, the repurposing of platforms, the disposal of non-usable materials and potentially …

Wireless Investors & Apathy Obsolescence, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on technology and online communications in their investing and corporate governance endeavors “wireless investors.” By applying game theory, this Article discusses how wireless investors’ global-scale online interactions allow them to circulate information and coordinate, obliterating collective action problems.

Volume 107, Number 2 (2023)

Judicature

No abstract provided.

Orientation 2023 : Roger Williams University School Of Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.