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2024

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Full-Text Articles in Law

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellee, Utah Court Of Appeals Nov 2024

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From the First Judicial District Court, Cache County, State of Utah The Honorable Judge Spencer Walsh

Peter R. Mifflin (#12595) ROBERT J. DEBRY & ASSOCIATES Attorney for Plaintiff/Appellant

Robert L. Janicki (#5493) Matthew A. Jones (#15792) STRONG & HANNI Attorneys for Defendant/Appellee W&T Holdings, LLC


Mlsa Gbm: Board Games & Chill, Minority Law Student Alliance (Mlsa) Nov 2024

Mlsa Gbm: Board Games & Chill, Minority Law Student Alliance (Mlsa)

2024–2025 Flyers

No abstract provided.


Adr In The Digital Age: How Online Platforms Are Better Suited To Resolve Disputes Than Traditional Forums, Matthew Zelman Nov 2024

Adr In The Digital Age: How Online Platforms Are Better Suited To Resolve Disputes Than Traditional Forums, Matthew Zelman

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since Covid-19 remote work has been increasing astronomically in the US. According to a Gallup poll, even now that Covid-19 is in the past, approximately 27% of workers are fully remote, 53% hybrid, and 21% fully on site. While there are significant benefits to working from home, there are detriments including losing key relationships with coworkers. As people could not physically see their coworkers in person and grow and learn from each other’s body language and personal observations, they started losing respect for each other. This led to an increase in conflicts amongst remote workers with one survey finding that …


A Field Guide To Teaching Agency And Ethics: The West Wing And American Foreign Policy, Kayce Mobley, Sarah Fisher Nov 2024

A Field Guide To Teaching Agency And Ethics: The West Wing And American Foreign Policy, Kayce Mobley, Sarah Fisher

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Though political science undergraduate courses reflect a rich theoretical tradition, they typically lack opportunities for students to express intangible concepts through the interpretation of creative works, a standard exercise of critical analysis. Educators can address this dearth in many ways, such as through utilization of popular culture texts. We employ the television series The West Wing to ground debates in American politics, specifically American foreign policy. Although this show has been on air since 2006, Netflix and Amazon have recently released the entire series for streaming, significantly reducing the hassle and monetary cost of using this source in the classroom. …


Helping The Little Guy: A Comparative Analysis Of Shareholder Protection Mechanisms In The United States And Singapore, Jack Schlafly Nov 2024

Helping The Little Guy: A Comparative Analysis Of Shareholder Protection Mechanisms In The United States And Singapore, Jack Schlafly

Georgia Journal of International & Comparative Law

As American corporate law has developed since the Progressive and New

Deal eras, shareholders have increasingly employed the shareholder proposal

mechanism, provided by SEC Rule 14a-8, as a means to achieve any number

of desired results. Generally, Rule 14a-8 requires companies to include

shareholder proposals on their proxy statements. The desires of shareholders,

outside of their often primary desire to make money, now frequently include

Environmental, Social, and Governance (“ESG”) reform, increasing board

diversity, merger and acquisition-related decisions, and monitoring executive

pay. In particular, shareholders’ focus on ESG reform is no surprise given the

broad worldwide focus on responding to …


The Pressing Need For State Sovereignty Recognition For Post-Territorial States, Benjamin Price Nov 2024

The Pressing Need For State Sovereignty Recognition For Post-Territorial States, Benjamin Price

Georgia Journal of International & Comparative Law

This note offers an analysis of the retention of national sovereignty by

states that have lost all of their territory, primarily by analyzing the

international recognition of the Sovereign Military Order of Malta as a post-

territorial state. This analysis will be of increasing pertinence as more nations

face territorial loss due to climate change. This paper traces the development

of the Order's role in world politics and its ongoing international recognition

by various nations.


The Ugly Side Of The Beautiful Game: The World Cup’S Impact On The Migrant Labor Crisis In Qatar And What It Means For The United States Of America As Future Hosts, Jack Richardson Nov 2024

The Ugly Side Of The Beautiful Game: The World Cup’S Impact On The Migrant Labor Crisis In Qatar And What It Means For The United States Of America As Future Hosts, Jack Richardson

Georgia Journal of International & Comparative Law

The 2022 FIFA World Cup hosted in Qatar was mired in controversy.

From the corrupt bidding process to the sub-standard working and living

conditions, Qatar was heavily criticized for its management of the World Cup.

This paper explores two of the main critiques levied against the host nation:

its exploitation of migrant labor and the harsh and restrictive policies against

women and the LGBT community. Concerning migrant labor, the kafala

system is the primary cause of hardship. It is a labor sponsorship system, and

it requires migrant workers to invest time and resources to acquire a job in

Qatar, a …


Stop Carrying The Interest! A Comparison Of U.S. And Chilean Taxation Of Private Equity Fund Managers Under International Human Rights Law, Maggie Carr Nov 2024

Stop Carrying The Interest! A Comparison Of U.S. And Chilean Taxation Of Private Equity Fund Managers Under International Human Rights Law, Maggie Carr

Georgia Journal of International & Comparative Law

Why do we tax? How do we tax? Who should we tax? While asked by

almost all of us, these questions are usually answered by a select few.

Economists who work in theoretical realities, lawyers full of jargon, and

legislators with competing interests all have different answers to those

questions. Some might even have different answers depending on who is

asking. Beyond the theory and the jargon, however, lies an underlying base of

equity and fairness that drives all citizens to ask these questions. This Note

will attempt to answer one small piece of these enormous questions by

focusing on …


Functional Contracting: Re-Conceptualizing Business Contracts In The Face Of New Forms Of Production, Mika Viljanen, Jaakko Salminen, Anna Hurmerinta-Haanpää Nov 2024

Functional Contracting: Re-Conceptualizing Business Contracts In The Face Of New Forms Of Production, Mika Viljanen, Jaakko Salminen, Anna Hurmerinta-Haanpää

Georgia Journal of International & Comparative Law

No abstract provided.


Esg And Corporate Sustainability: A View From The Uk, Andrew Johnston Nov 2024

Esg And Corporate Sustainability: A View From The Uk, Andrew Johnston

Georgia Journal of International & Comparative Law

No abstract provided.


Shareholders All The Way Down: Eu Corporate Sustainability Reforms And The Structure Of Corporate Governance, Matthew T. Bodie Nov 2024

Shareholders All The Way Down: Eu Corporate Sustainability Reforms And The Structure Of Corporate Governance, Matthew T. Bodie

Georgia Journal of International & Comparative Law

No abstract provided.


Party Autonomy In Investor-State Arbitration: Supremacy Of Treaty And The Future Of Most-Favored Nation Treatment, Riddhi Dasgupta Ph.D Nov 2024

Party Autonomy In Investor-State Arbitration: Supremacy Of Treaty And The Future Of Most-Favored Nation Treatment, Riddhi Dasgupta Ph.D

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Gjicl Journal Nov 2024

Table Of Contents, Gjicl Journal

Georgia Journal of International & Comparative Law

No abstract provided.


Contents Nov 2024

Contents

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Editorial Foreword, Laura Zoboli, Maciej Bernatt Nov 2024

Editorial Foreword, Laura Zoboli, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Formulating Public Pharma, Shweta Kumar Nov 2024

Formulating Public Pharma, Shweta Kumar

IPIPC Papers & Reports

In 2022, prices for both brand-name and generic drugs in the U.S. were nearly three times as high as prices in comparably industrialized nations, with the cost of insulin products in particular being nearly ten times as high. As a result, 3 out of 10 American adults cannot afford to take their medication as prescribed. Furthermore, in 2024 the U.S. experienced its worst drug shortage in over a decade, with more than 300 drugs in short supply. Generic drugs are particularly vulnerable to shortage, as manufacturers have poor economic incentives to produce drugs with slim profit margins. While the Biden …


State Of Utah V. Bridgewaters : Brief Of Appellee, Utah Court Of Appeals Nov 2024

State Of Utah V. Bridgewaters : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a jury trial conviction of manslaughter, a second degree felony; and tampering with a witness, a third degree felony, in the Third Judicial District, Salt Lake County, the Honorable Douglas Hogan presiding

ROBERT DENNY Salt Lake Legal Defenders Counsel for Appellant

LINDSEY WHEELER (14519) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General BRADFORD COOLEY Salt Lake District Attorney's Office Counsel for Appellee


Vol. 67, No. 10 (November 4, 2024) Nov 2024

Vol. 67, No. 10 (November 4, 2024)

Indiana Law Annotated

No abstract provided.


Gray Advice, Keith Porcaro Nov 2024

Gray Advice, Keith Porcaro

Duke Law & Technology Review

Debates over economic protectionism or the technology flavor-of-the-month obscure a simple, urgent truth: people are going online to find help that they cannot get from legal and health professionals. They are being let down, by products with festering trust and quality issues, by regulators slow to apply consumer protection standards to harmful offerings, and by professionals loath to acknowledge changes to how help is delivered. The status quo cannot continue. Waves of capital and code are empowering ever more organizations to build digital products that blur the line between self-help and professional advice. For good or ill, “gray advice” is …


Can Congress Give Unaffected Taxpayers Standing, Reuven S. Avi-Yonah Nov 2024

Can Congress Give Unaffected Taxpayers Standing, Reuven S. Avi-Yonah

Articles

A recurring problem in tax law arises when the IRS promulgates a regulation or a notice that is too favorable to taxpayers.1 The problem is that nobody has standing to challenge the regulation. The IRS cannot challenge its own regulation, and taxpayers affected by the regulation have no interest in challenging it (and even if they did, they cannot show a concrete injury sufficient to establish standing). Congress may intervene, but that is rare for a taxpayer-favorable regulation (indeed, Congress sometimes intervenes to block IRS attempts to roll back its own regulations). Taxpayers unaffected by the regulation do not have …


Does The U.S. Have To Be A Tax Haven?, Reuven S. Avi-Yonah Nov 2024

Does The U.S. Have To Be A Tax Haven?, Reuven S. Avi-Yonah

Articles

The United States is the world’s preeminent tax haven. Tax havens are defined as allowing secrecy and having low or zero tax rates; for nonresident aliens, the United States offers both.

The secrecy results from the fact that, in many U.S. states, it is possible to form a corporate entity without having to disclose information about the identity of the owner. This situation is beginning to change because of the Corporate Transparency Act, but the law has been challenged as unconstitutional. Even this would only apply for U.S. government nontax purposes. A nonresident alien who uses a U.S. limited liability …


Luxury, Legacy, And Resolution: Adr In The World Of Branded Residences, Michael J. Brinn Nov 2024

Luxury, Legacy, And Resolution: Adr In The World Of Branded Residences, Michael J. Brinn

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of mid-2023, there were 690 completed branded residence schemes across the world, with over 600 schemes in the pipeline expected to be delivered by 2030. Branded residences have become increasingly popular in the luxury real estate market, offering a unique blend of high-end living and hotel-like amenities. These developments, often associated with renowned hotels, present an attractive proposition for buyers seeking both a personal retreat and an investment opportunity. The rental programs offered by developers and branding partners in these luxury projects is one of the main attractive aspects for buyers. It offers the owner the best of both …


State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals Nov 2024

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Summit County, Honorable Richard Mrazik, District Court No. 231500076

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant


Al-Imari V. Udot : Brief Of Appellant, Utah Court Of Appeals Nov 2024

Al-Imari V. Udot : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellants and Plaintiffs Brad H. Bearnson (#3633) Waynam M. Stodar (#16650) BEARNSON & CALDWELL, LLC

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C. Attorneys for Appelle and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.


Mmu: 11/04/24–11/10/24, Student Bar Association Nov 2024

Mmu: 11/04/24–11/10/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements


Librarian Office Hours For 1l Research Memos, Cardozo Law Library Nov 2024

Librarian Office Hours For 1l Research Memos, Cardozo Law Library

2024–2025 Flyers

Monday, November 4 - Thursday, November 14th


Can They Take Your Money If You're Not Here?, Tax Law Society Nov 2024

Can They Take Your Money If You're Not Here?, Tax Law Society

2024–2025 Flyers

No abstract provided.


Keep Calm & Color On, Cardozo Office Of Student Services & Advising Nov 2024

Keep Calm & Color On, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.


Ndls Communicator: Week Of 11.04.24, Notre Dame Law School Nov 2024

Ndls Communicator: Week Of 11.04.24, Notre Dame Law School

NDLS Communicator

The Latest News

  • Justice Kavanaugh to judge final round of inaugural Justice Amy Coney Barrett Moot Court Tournament at Notre Dame Law School
  • Notre Dame Law School's Exoneration Justice Clinic welcomes new legal fellow
  • Notre Dame BLSA fireside chat explores navigating careers and championing DEI with sports and media industry leaders

Faculty News and Briefs

  • Roger Alford published an article in Bloomberg Law: "AI antitrust enforcement supports consumers, national security."
  • Last week, Nicole Garnett co-authored an amicus brief for Woolard v. Thurman in support of three Christian families in California facing religious discrimination in a homeschool-aid program.
  • Lloyd Mayer was …


Burnout And Employee Satisfaction Of Mental Health Clinicians In Corrections, Jeremy C. Capuyon, Lindsay Gietzen Nov 2024

Burnout And Employee Satisfaction Of Mental Health Clinicians In Corrections, Jeremy C. Capuyon, Lindsay Gietzen

Pacific Journal of Health

Approximately 1.9 million individuals are currently incarcerated within the United States. Rehabilitation and preparation for parole back into the community is common goal amongst correctional facilities. Mental health clinicians (social workers and psychologists) within the correctional facilities are providers who assist in the rehabilitation of inmates. Unfortunately, mental health clinicians in correctional facilities experience high rates of burnout and low levels of job satisfaction, resulting in an increase in turnover rates. This research project looks to investigate the impact burnout and employee satisfaction has on mental health clinicians who work in correctional settings. Furthermore, this research project compares burnout and …