Law Commons^™

Ring Ring ... No Answer, No Warrant, No Problem? A Look Into A Hidden Cost Of Home Surveillance Technology, Lauren Cahill

San Diego Law Review

This Comment analyzes the exigent circumstance doctrine as applied to law enforcement’s obtainment of home surveillance data from a provider of such technology. Part II of this Comment provides a case study of one major home surveillance technology provider, Amazon Ring. This Comment uses Amazon Ring to analyze a broader range of issues that pertain not only to Amazon Ring, but to all home surveillance technology providers. Part III analyzes the relevant background law of the Fourth Amendment. Part IV describes the ways that law enforcement can currently obtain home surveillance data. It discusses how the third-party doctrine, which generally …

"Arbitrary And Fortuitous"? The Revival Of Territorialism In American Choice Of Law, Lea Brilmayer, Fred Halbhuber

San Diego Law Review

When the conflict of laws revolution swept away the First Restatement in the mid-twentieth century, it took with it many of the ideas associated with traditional choice of law theory. Territorialism was one such collateral casualty. The close association between territorialism and the disgraced First Restatement methodology made it an obvious target. However, the real problem was not territorialism but rather the First Restatement’s system of “vested rights,” its endorsement of a “general common law,” and its system of inflexible rules.

A more successful challenge to territorialism was the claim that territorialism produces “arbitrary and fortuitous” results. This assertion has …

Literal Falsity And The Role Of Social Media Influencers, Kelsey Tidgewell

San Diego Law Review

This Comment seeks to analyze and resolve the current circuit split and justify the solution based on changing forms of advertising through social media.

In addition, this Comment identifies certain categories of goods and services such as skincare, food and beverages, and medical products that warrant the presumption of materiality. Shifting the burden to the defendant for these particular categories would deter influencers and the companies who employ them from making potentially false and misleading statements about products and services that can affect a consumer’s physical wellbeing.

This Comment proceeds as follows: Part II provides background on the Lanham Act, …

A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth, Sophia Janeiro Martinez

OUR Journal: ODU Undergraduate Research Journal

Purpose: This paper explores the intricate relationship between communication disorders and delinquent youth behavior. It will explore the detrimental impact of zero-tolerance policies and their contribution to the school-to-prison pipeline. It will introduce issues, such as complex Miranda warning diction, and the benefits of including speech-language pathologists (SLPs) to aid in youth comprehension. Additionally, it will propose the integration of SLPs within the juvenile justice system to assist in communication between justice-involved youth (JIY) and justice professionals during conversations, questioning, and trials or hearings. Furthermore, this paper examines the roles of SLPs within juvenile justice systems abroad, including Canada, …

Brief Of Apache Elder Ramon Riley, Professor Michalyn Steele, And Six Native American Rights And Cultural Heritage Organizations As Amici Curiae In Support Of Petitioner, John A. Meiser, Meredith H. Kessler

Court Briefs

No. 24-291
Apache Stronghold v. United States of America

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

Meaningful access to sacred sites such as Oak Flat is an indispensable part of many Indigenous tribes’ religious exercise. Nonetheless, the government has repeatedly denied necessary access to these sites, and even destroyed them, thwarting the ability of tribal members to exercise core aspects of their spiritual practices. Regrettably, the Ninth Circuit’s errant decision denies the Apache people critical legal protections against such destruction—and thus only invites the …

Brief Amici Curiae Of Religious Liberty Law Scholars In Support Of Petitioner, W. Thomas Wheeler, Thomas C. Berg, Richard W. Garnett

Court Briefs

No. 24-291
Apache Stronghold v. United States

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Introduction and Summary of Argument

The federal government owns the land at Oak Flat, where Apache people have worshiped and conducted ceremonies for centuries. As the district court’s findings show, “Apaches view Oak Flat as a ‘direct corridor’ to their Creator’s spirit”—a place “‘uniquely endowed with holiness and medicine’”—“and neither ‘the powers resident there, nor [the Apaches’] religious activities . . . can be relocated.’” App. 201a (opinion of Murguia, C.J.) (quoting Apache Stronghold …

State Of Utah, Plaintiff/ Appellee V. Cory Jason Thomas, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Hyde, District Court No. 211900875

Christopher F. Allred, Benjamin Gabbert, Counsel for Appellee

Hannah Leavitt-Howell, Jessica Hyde Holzer, Counsel for Appellant

United States Centers For Disease Control And Prevention Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US CDC SIP

A Taking By Any Other Name: Why Exclusionary Zoning Should Be Classified As A Per Se Taking, Matthew J. Ruppel

Seattle University Law Review Online

The housing affordability crisis in U.S. cities, particularly on the West Coast, has been well publicized in recent years, and the search for solutions has drawn together allies from across the ideological spectrum. While various cities and states have rolled out many types of reforms, there remains a widespread regulatory failure preventing the adaptation of cities to modern demands. A primary culprit is exclusionary zoning: plot-by-plot designation of which types of structures can be built on a piece of property— particularly which types of structures are absolutely prohibited from being built—and the broad definitional standards to which those structures must …

Jessy Mckee And Shayne Mackee, Appellants V. Clayton Mckeachine, Carolyn Harns, G&C Servi Es Inc., And Irene Mckee, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Deborah R. Chandler, Attorneys for Burton and Christine Delambert, Stephen K. Christiansen, Anthony W. Steirling, Ryan R. Bolarder, Attorneys for Carolyn Harns, Kenneth J. Melrose, Attorney for Irene McKee, Clayton Mckeachnie, Pro Se, Kurt D. Reber, Attorneys for G&C Service, Inc

Deborah R. Chandler, Attorneys for Burton and Christine Delambert, Stephen K. Christiansen, Anthony W. Steirling, Ryan R. Bolarder, Attorneys for Carolyn Harns, Kenneth J. Melrose, Attorney for Irene McKee, Clayton Mckeachnie, Pro Se, Kurt D. Reber, Attorneys for G&C Service, Inc

Alan W. Dunaway, Attorneys for Appellants

Who Decides: Judges Or Experts? Loper Bright, The End Of Chevron, And It's Impact On Corporate Governance, Heyman Center On Corporate Governance, Floersheimer Center For Constitutional Democracy

2024–2025 Flyers

No abstract provided.

Stephen Bright's Demand For Equal Justice: Book Talk With Professors Robert Tsai And Betsy Ginsberg, American Constitution Society (Acs)

2024–2025 Flyers

No abstract provided.

Who Decides: Judges Or Experts? Loper Bright, The End Of Chevron And Its Impact On Corporate Governance, Heyman Center On Corporate Governance

2024 Event Invitations

In Loper Bright Enterprises v. Raimondo, 603 U.S. _____ (2024), the Supreme Court overruled the doctrine of Chevron deference, which had previously required courts to defer to reasonable agency guidance instead of reviewing rules and regulations de novo. Now that Chevron deference is no more, numerous regulations, rules, and opinions produced by federal agencies could be in jeopardy as they are newly subject to judicial review. In the corporate context, this could interfere with the implementation of ESG (environmental, social, and governance) principles, potentially leading to a re-tightening of shareholder primacy.

The Lymphedema Treatment Act: Past, Present, And Future, Candace Alexander, Leigh Ann Foster, Susan Gordon, Runzun Shetye

Oncology Rehabilitation in Practice

No abstract provided.

The Mechanisms Of The Human Rights Protection In The American Human Rights System As An Appropriate Model For Application Under The Arab Human Rights System, Emad Abdulsattar

Al Jinan الجنان

The adoption of the Arab Charter on Human Rights in 2004, the establishment of a mechanism for it represented by the Charter Committee and the adoption of a statute of the Arab Court of Human Rights in 2014 are of utmost importance; the existence of an Arab document that talks about human rights and freedoms cannot be protected without adopting a mechanism that ensures the proper application by States parties of the provisions of this document, which may be a quasi-judicial or judicial mechanism. Otherwise, the human rights system cannot be characterized as a system for the protection of the …

The Legal Protection Of The Cultural Heritage Under The Lebanese Law, Khaled Abdulsalam

Al Jinan الجنان

The national cultural heritage, with the quality of the tangible and the intangible, is a cultural treasure, a witness and a symbol that expresses human creativity in terms of art and aesthetics through the course of its cultural history, as it highlights the elements of art, beauty, excellence and originality. For this, it constitutes the building block of the society, its unity and cohesion by highlighting the national and cultural identity of the nation, through showing its historical role, the originality of its people and the civilization of its society and its sacrifices. This encourages the preservation of this heritage …

Autumn Community Gathering, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

Mmu: 10/14/24–10/20/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Triumph Of Tax Textualism, Reuven S. Avi-Yonah

Articles

In Varian Medical Systems, the Tax Court held in a unanimously reviewed opinion that the taxpayer was entitled to take a section 245A deduction for an amount treated as a dividend under section 78. Section 78 provides that deemed paid foreign taxes are treated as dividends received for foreign tax credit purposes, thus grossing up the amount of the dividend by the foreign taxes attributable to it before granting the FTC. This provision is needed because otherwise the taxpayer would enjoy both a deduction and a credit for the same foreign tax. Section 245A, however, eliminates the tax on the …

Ndls Communicator: Week Of 10.14.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Dean G. Marcus Cole awarded the Dignitatis Humanae Award by the University of St. Thomas School of Law
• Catholic educators in Oklahoma challenge State AG's hostility to religious schools

Faculty News and Briefs

• Last week, South Bend Mayor James Mueller declared October 2, 2024 as International Wrongful Conviction Day and presented the proclamation to Jimmy Gurulé in recognition of the Exoneration Justice Clinic's important contributions.
• Mike Kirsch was quoted in a Wall Street Journal article about former President Trump's proposed tax policies.
• Marcus Cole was quoted by The Indiana Lawyer in an article about how Indiana law …

Outlining And Exam Tips Workshop, Asian Pacific American Law Students Association (Apalsa)

2024–2025 Flyers

No abstract provided.

Malisa Neilson, Appellee V. Stephan Thomas Olsen, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Direct Appeal to the Utah Court of Appeals Appeal from the Fifth District Court, Washington County, Utah District Court Case No.: 224500531, Hon. Eric A. Ludlow presiding

Kit Erickson, Counsel for Appellee

Benjamin K. Lusty, Meaghan E. Farris, Counsel for Appellant

P*Law 2025: Planning Meeting, Center For Public Service Law

2024–2025 Flyers

No abstract provided.

The Fiduciary Duty Of Combatting Global Climate Change, Sadie Mapstone

Washington and Lee Law Review Online

Ancient Roman Law codified the concept that there are certain resources that are so great and so important to human survival, that intuitively, no person should own them. Further, the government must protect these resources for the people. Today, this concept is known at the public trust doctrine. According to the contemporary doctrine, the seas, oceans, shores, and submerged lands cannot be privately owned, but shall be held in trust by the government for public use. Relying on the public trust doctrine, climate change litigants have brought a tirade of lawsuits—which have largely been unsuccessful—alleging that the government has a …

Unfenced: The Fourth Circuit Gives Geofencing Its First Appellate Go-Ahead In United States V. Chatrie, Jordan Wallace-Wolf

Washington and Lee Law Review Online

In United States v. Chatrie, the Fourth Circuit issued the first federal appellate opinion on the Fourth Amendment status of geofencing queries. The opinion is significant because geofences present a conceptual challenge to the framework of Carpenter v. United States, the reigning Supreme Court precedent on the Fourth Amendment status of digital searches. That opinion held that long-term tracking of a target individual was a search. However, geofencing reveals information about an indeterminate number of individuals for only a short time, in virtue of their being at a target location during a target span of time. Does the …

The Role Of Jordanian Television Programs In Raising Awareness About Mental Health From The Perspective Of Psychiatrists, Yasmine Hamza Badis, Saddam Suleiman Salman Almashaqbeh

Middle East Journal of Communication Studies

The study aimed to identify the role of Jordanian television programs in raising awareness of mental health from the perspective of psychiatrists. The sample of the study was composed of 153 members from the Jordanian Association of Psychiatrists affiliated with the Jordanian Medical Association. To achieve the goal of this study, the descriptive approach was followed, and the study relied on the questionnaire as a tool for collecting data. The results of the study showed that the role of Jordanian television programs in raising awareness about mental health from the Perspective of psychiatrists was medium, and the diversity of features …

Challenging The Block: Analyzing The Bar Against California’S Enforcement Of Ab 51, Natalie Pearson

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of 2024, the U.S. District Court for the Eastern District of California issued a permanent injunction, barring the enforcement of California’s Assembly Bill 51 (“AB 51”). California’s AB 51 was a state law aimed at prohibiting California employers from requiring arbitration agreements as a condition of employment, protecting workers from being forced into arbitration. The law was set to take effect in 2020 but was delayed by immediate legal challenges. After four years of litigation, the state law was permanently enjoined.

The print edition of the issue has also been released. This post was originally published on the Cardozo …

New York’S Unregulated Litigation Lending Industry, Heather R. Abraham, Maura Graham

Other Scholarship

No abstract provided.

Jade Taylor V. West Millard Mosquito Abatement District : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth District Court, Millard County, State of Utah, Case No. 220700005 the Honorable Anthony Howell Presiding Justin D.

Justin D. Heideman (8897) Norman W. Peat, Jr. (17836) HEIDEMAN & ASSOCIATES Attorneys for Plaintiff/Appellant

Gregory N. Hoole (7894) HOOLE & KING Attorneys for Defendant/Appellee

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …