Law Commons^™

Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf

Dalhousie Journal of Legal Studies

The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …

Fighting For Abortion Access In Canada: A Constitutional Analysis, Jordana Borzellino

Dalhousie Journal of Legal Studies

Access to abortion is a controversial matter that creates a labyrinth of polarizing issues. Perspectives on abortion range from anathema to overzealous support, with stakeholders occasionally resorting to legal avenues to control access one way or another. This paper will explore the possibility of protecting and expanding access to abortion through constitutional mechanisms in the Canadian legal landscape. By analyzing Canada's current degree of access, this paper will explain that abortion services for those in need are inadequate. In order to advocate for greater access, this paper examines a multitude of legal tools and doctrines to constitutionally protect access to …

The Potential Impact Of Charter Section 28 On Quebec's Controversial Secularism Law And The Pursuit Of Gender-Equality In Canadian Courts, Nywani Albert

Dalhousie Journal of Legal Studies

The Western liberal democratic order, anchored in respect for individual rights and constitutional norms, faces a critical challenge as Quebec follows the pattern of several European nations in enacting laws restricting religious attire. While the Quebec Law 21, “An Act Respecting the Laicity of the State,” is ostensibly neutral, it particularly restricts Muslim women's rights. This paper explores an ongoing, novel legal strategy challenging Quebec's secularism law, focusing on Section 28 of Canada's Charter of Rights and Freedoms. While Section 28 mandates gender equality in Charter implementation, its potential remains largely unexplored in the decades since Charter enactment. Drawing …

Prescription Practices, Anti-Psychotics, And Covid-19: An Intersectional Examination Of The Long-Term Care Home Setting In Canada, Olivia Ramos

Dalhousie Journal of Legal Studies

Public discourse and concern over the state of long-term care homes in Canada has been ongoing over the last two decades. One of the main sources of these concerns is the off-label prescription of anti-psychotic medications to long-term care home residents. Off-label use of pharmaceuticals is common and can be beneficial in certain contexts, however, there is a risk of anti-psychotics being used as an inappropriate means of managing patients chemically in the long-term care home setting. This paper engages in three lines of inquiry: first, the regulatory landscape of on and off-label prescription in Canada; second, the off-label use …

Confronting The War On International Law In The United States, Rebecca Ingber

Online Publications

Harold Hongju Koh’s The National Security Constitution in the 21st Century is a code red threat assessment of the state of public law in America today. True to Koh’s nature, he does not leave us without hope; rather he devotes a sizeable portion of the book to calls for reform, from the legal frameworks governing war powers and intelligence to the division of labor in the national security legal bureaucracy plodding away within the deepest (secure) chambers of the executive branch itself.

Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court, Nina A. Mendelson

Articles

In the last few years, the Supreme Court has been a source of seismic change. In Dobbs v. Jackson Women’s Health Organization, the Court overruled Roe v. Wade, which had protected the right to abortion for nearly fifty years. In Loper Bright Enterprises v. Raimondo, the Court abandoned so-called Chevron deference to particular categories of administrative agency interpretations, a doctrine viewed as bedrock for over forty years. Humphrey’s Executor v. United States, the 1935 ruling validating independent multi-member commissions such as the Federal Trade Commission, Securities and Exchange Commission, and Federal Communications Commission, may soon join the others on the …

Significant Remedies Changes In The 2023 Montana Legislature – An Overview, Anna Conley

Montana Law Review

No abstract provided.

The Unintended Costs Of Advance Waivers Of Future Conflicts, Ashley M. London

Law Faculty Publications

The American Bar Association (“ABA”) unenthusiastically recognized advance waivers of future conflicts for the first time in a 1993 formal opinion. These allow lawyers to take on prospective clients whose interests will be adverse to current clients at some point in the future. They also sidestep the ethics rule requirement of obtaining true informed consent from a client to waive a conflict of interest because, at the time of signing, the conflict is not yet ripe. After a full-court press by its own Business Law Section Ad Hoc Committee during the Ethics 2000 Commission’s review of the Model Rules of …

James Cordery, And A.S., A Minor, On Behalf Of The Estate And Heirs Of Joshua Cordery, Plaintiffs-Appellants V. University Of Utah School Of Dentistry, And Intermountain Healthcare Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT,

NELSON NAEGLE PLLC Attorneys for Defendants

/Appellees Sarah Elizabeth Spencer, #11141 Jeffrey B. Teichert, #7000 S PENCERWILLSON, PLLC Attorneys for Plaintiffs

Brief Of Amici Curiae Scholars For The Advancement Of Children's Constitutional Rights In Support Of Defendants-Appellees, St. Mary V. Roy, Lauren Fontana, Catherine Smith, Tanya Washington, Robin Walker Sterling

Faculty Publications By Year

No abstract provided.

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Getting To Home: Understanding The Collateral Consequences Of Negative Records In The Rental Housing Market, Sara Sternberg Greene, Barbara Kiviat, Hesu Yoon

Duke Law Journal

The United States faces a rental housing crisis marked by a scarcity of housing supply, leading to intense competition among prospective tenants. This crisis is a particular challenge for the more than one hundred million U.S. residents burdened with negative records such as criminal records, debts in collections, and evictions. Landlords have more access than ever to applicants’ information, yet little is known about how landlords process and think about these records to make housing decisions. This Article draws on theories of cultural sociology to provide a data-driven understanding of how landlords conceptualize the value of several types of personal …

Antitrust Without Competition, Daniel Francis

Duke Law Journal

Competition is everywhere in antitrust. Courts, agencies, and scholars routinely insist that antitrust can, does, and should measure the legality of conduct by asking whether it has harmed or promoted “competition.” The idea that competition is, without further definition, a coherent value that can be increased or reduced—and used to guide the development and application of antitrust rules—has dominated doctrine for a century, and is deployed freely by judges, enforcers, and writers across the political spectrum.

This does more harm than good, and it should stop. There is no single value or quantity, in economics or antitrust law, that competition …

Relocating Justice, Ruhan Sidhu Nagra

Duke Law Journal

Managed retreat—the planned relocation of people facing imminent climate threats—is an inevitable part of future climate adaptation in the United States. Given that Black, Brown, and low-income communities are disproportionately vulnerable to climate hazards, managed retreat has significant justice implications. This Article explores what I call an apparent “justice paradox”—two “justice problems” with managed retreat that seem to point to opposite solutions. On the one hand, managed retreat can be inaccessible to marginalized communities, many of whom lack the resources to successfully navigate the relocation process. This justice problem suggests that decision-makers should prioritize managed retreat for marginalized communities since …

Journal Staff

Duke Law Journal

No abstract provided.

(Ctrl + F)Ourth Amendment Searches Of Digital Storage Devices: A Novel Framework, James Mullen

Duke Law Journal

Judges frequently analogize physical precedents when applying Fourth Amendment law to searches of digital storage devices. But these analogies do not map well from physical to digital spaces because they overlook fundamental structures of digital storage. And the stakes are high—courts’ errors lead to oversearches that irreparably harm device owners regardless of the suspects’ guilt or innocence. This Note examines the structure of common digital storage devices and courts’ erroneous attempts to apply Fourth Amendment law to them.

This Note also proposes a novel two-phase framework that would curb oversearch. The framework uses a forensic program to conduct a limited …

Connected Vehicles And Data Privacy & Sovereignty In The Global South, Uduak Ekott, Zhe Che, Attamongkol Tantratian

Maurer Student Articles

This essay examines data privacy and data sovereignty concerns associated with connected vehicles, with particular attention to countries in the Global South. It considers the collection and cross-border transfer of personal and vehicle data, surveys data protection and localization frameworks in several jurisdictions, and discusses regulatory approaches that importing countries may adopt to protect privacy and digital sovereignty.

Access To Civil Justice In The Age Of Ai: Mindsets & Pathways To New Practices, Natalie Anne Knowlton

Ohio Northern University Law Review

No abstract provided.

Ai And The Future Of Work: Legal Perspectives On Disability Acommodation And Employment Equity, William D. Goren J.D., Ll.M.

Ohio Northern University Law Review

No abstract provided.

Ai Legal Innovations: The Benefits And Drawbacks Of Chat-Gpt And Generative Ai In The Legal Industry, Laura A. Lorek

Ohio Northern University Law Review

No abstract provided.

Ai In Robes: Courts, Judges, And Artificial Intelligence, Gary E. Marchant

Ohio Northern University Law Review

No abstract provided.

A Primer On Artificial Intelligence And Ai-Powered Financial Analysis, Zain Kalson

Ohio Northern University Law Review

No abstract provided.

Leveling The Playing Field For Racial Justice In The Civil Litigation System, Suzette M. Malveaux

Scholarly Articles

Under the weight of the #MeToo movement and severe public pressure, Congress stopped this unseemly practice for a subset of Americans—those challenging sexual assault and harassment. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA), passed in 2022, gives these victims a choice of whether to challenge sexual misconduct in court or in arbitration. Such ubiquitous take-it-or-leave-it contracts are now unenforceable, giving this narrow swath of the population the power to decide for themselves how to challenge such outrageous wrongdoing. In Expanding the Ban on Forced Arbitration, Michael Z. Green argues that race discrimination claims should …

Black Excellence In The Spotlight: Legal Insights In The Entertainment Industry, Cardozo Entertainment Law Society, Black Law Students Association (Blsa)

2024–2025 Flyers

No abstract provided.

Election Law And Democratic Theory, James A. Gardner

Contributions to Books

Election law is the body of law by which a society implements its commitment to democracy. Any meaningful evaluation of the suitability or effectiveness of a society’s election law therefore requires some inquiry into the nature of the society’s democratic commitments—the theory or conception of democracy to which it subscribes. Virtually all such theories are rooted in philosophical liberalism but nevertheless come in many varieties. Reconstructing a society’s democratic commitments can be complicated by its failure to articulate or even to reflect upon them. In the United States, that difficulty is compounded by a long history of evolution in American …

State Ex. Rel. Internatl. Ass'n Of Fire Fighters, Local 1536, Afl-Cio V. Sakacs, 224 N.E.3d 1110, Tyler Rider

Ohio Northern University Law Review

No abstract provided.

Stingray Pressure Pumping, L.L.C. V. Harris, 172 Ohio St. 3d 130 (2023), Juliann Dodd

Ohio Northern University Law Review

No abstract provided.

State Ex. Rel. Wtol Tv, L.L.C. V. Fair, L.P., 2023-Ohio-4593, Allison Miller

Ohio Northern University Law Review

No abstract provided.

Admitting Child Statements In Cases Of Abuse: Crawford, Hearsay Exceptions, And Their Resulting Inconsistencies, Daniel W. Gudorf

Ohio Northern University Law Review

No abstract provided.

Academic Freedom Under Attack: Replacing The Pickering-Connick Balancing Act, Kristofer A. Kristofferson

Ohio Northern University Law Review

No abstract provided.