Law Commons^™

Chacahoula 2024, Vol 91, Alayna Pellegrin

Chacahoula

MERGING REALITIES:

The 2023 issue of Chacahoula includes December 2023 and May 2024 graduating classes, as well as stunning photography of Week of Welcome, Homecoming, Mardi Gras, and Spring Fever. With features covering notable students, faculty, and staff, this year's time capsule beautifully preserves an academic year in the life of the University of Louisiana at Monroe.

In Loco Reipublicae And The Parental Duty To Expose Children To Ideas Outside The Home, Catherine Smith

Scholarly Articles

In Loco Reipublicaie boldly centers children’s rights and adeptly fills an existing jurisprudential gap by infusing parental rights with important duties to respect and facilitate children’s exercise of their own citizenship rights. It is a children’s-rights-forward shot across a heavily prioritized parents’ rights bow. It’s about time.

Basic Bankruptcy Training For General Tax Practitioners, Walter E. Afield, Robb Longman, Alexander E. Schmidt

Faculty Publications By Year

No abstract provided.

Changemaker: Tolulope Kevin Olasanoye: Juris Doctrate: From Ideas To Political Action 9-25-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

State Of Utah, Appellee V. Robert Kyle Payne, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL OF POST SENTENCING JUDGMENT COMMITMENT ENTERED JUNE 10th, 2024, BY THE HONORABLE DAVID J. WILLIAMS, SECOND JUDICIAL DISTRICT COURT

Colleen K. Coebergh, Counsel for Appellant

United States Department Of Homeland Security Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

United States Department of Homeland Security Scientific Integrity Policy

The Paradox Of Visibility: Anti-Blackness, Pathologization, And The Limitations Of Canadian Criminal Law, Danardo Sanjay Jones

PhD Dissertations

This dissertation offers a quadripartite analysis of the endemic nature of anti-Black racism within Canadian criminal law, contributing to the growing body of Canadian critical race theory (CRT) literature and advancing the field of race-conscious doctrinal work on Canadian criminal law. Each chapter engages the system along different axes: (a) the temporal, procedural axis – moving from policing to the trial process to criminal sentencing; (b) the micro to the macro axis, with chapters that range from an individual case study to an analysis of a small constellation of recent court decisions, to a more theoretical analysis of foundational theories …

People Or Profit? The National Mediation Board Must Also Prioritize Workers, Leah Susman

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

For over five years, United Airlines (“United”) flight attendants, represented by their union, the Association of Flight Attendants (“AFA-UA”), have faced stalled contract negotiations with United management.  The AFA-UA is calling for wage increases and improved schedule flexibility.  The starting pay rate for a United flight attendant maxes out at about $25,992 per year, and some employees have to rely on food stamps and alternative housing options because they cannot afford to pay rent.  Unwilling to work under these conditions any longer, the AFA-UA voted 99.99% in favor to authorize a strike on August 24, 2024.

This post was originally …

Private Law And Mass Claims: Regulating In The Place Of The State, Suzanne Chiodo

Articles & Book Chapters

No abstract provided.

A Bird’S Eye View Of Crime: Assessing The Effectiveness Of Mobile Watchtowers On Vehicle-Related Thefts, James D. Kelsay, Ian A. Silver, Jaya B. Davis, Brook Rollins

Open Initiatives Grant Funded Publications-Archive

Objective Recent reports suggest that thefts of vehicles and thefts from vehicles have increased significantly over the last several years. Some police agencies have turned to mobile surveillance watchtowers to address this problem. This study examines the effectiveness of these mobile watchtowers at reducing vehicle-related thefts in Arlington, Texas.

Methods An interrupted time series analysis is used to determine whether the use of mobile watchtowers reduces the frequency of vehicle-related thefts.

Results The watchtowers are associated with a small, but significant, decrease in vehicle-related thefts. However, this effect appears to decay over time.

Conclusion Mobile watchtowers may be a viable …

Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants, Matthew D'Amore

Cornell Law Faculty Publications

On Aug. 14, a $72 million jury trial win by Zunum Aero Inc. against The Boeing Co. in the U.S. District Court for the Western District of Washington for trade secret misappropriation evaporated with the court's post-trial holding that Zunum had failed to identify its trade secrets sufficiently.

How did we get here after three years of litigation, eight days of trial and countless dollars spent? How can litigants — and courts — avoid this situation in the future?

Clear pretrial identification of trade secrets is key, and litigants can find a road map for this in the Sedona Conference's …

Shifting Priorities: A Comparative Assessment Of The Trump And Biden Administrations’ Conventional Arms Policies, Jeremy Coppola

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The United States “cannot be both the world’s leading champion of peace and the world’s leading supplier of weapons of war”. The United States Conventional Arms Transfer (“CAT”) Policy establishes the executive branch’s priorities and reasoning for the export of conventional arms to other nations. At its inception in 1979, CAT Policy was a “policy of self-imposed restraint” with regards to arm sales and transfers to any nation. It has since evolved, with each subsequent administration having its own view of the role the United States should play in championing peace. The Biden Administration has made significant progress in advancing …

Revolutionizing Public Safety And Criminal Justice Through Ai, Alan Saquella

Publications

Artificial Intelligence (AI) is rapidly transforming public safety, criminal justice and security by fundamentally changing how crimes are committed, investigated and prevented. As AI tools become increasingly sophisticated, law enforcement and corporate security professionals are utilizing these advancements to enhance their capabilities. However, integrating AI into these sectors also brings significant challenges, including ethical concerns, recruitment difficulties, and the surge in crime rates. This article examines the transformative impact of AI, the ongoing efforts to unify AI applications across public safety and security sectors, and expert advice on overcoming the associated challenges.

Brief Of Criminal Law Scholars As Amici Curiae In Support Of Petitioner, Ira P. Robbins

Amicus Briefs & Court Filings

Amici are law professors who teach and research criminal law and procedure. They have no personal interests in this case. Their sole interest is in the protection and preservation of the constitutional rights of criminal defendants.

Vol. 67, No. 05 (September 23, 2024)

Indiana Law Annotated

No abstract provided.

In Re Estate Of Crossguns, 24-Ap-03 (Blkft. Tr. Ct. App., Sept 23, 2024), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a trial court order finding the appointment of decedent’s son as personal representative of decedent’s estate after appellant claimed Tribal Court erred when it proceeded with a hearing to determine the heirs of Decedent’s estate for lack of jurisdiction. Issues of Tribal Court jurisdiction and the validity of a decedent’s will are questions of law and will be reviewed de novo. The Blackfeet Tribal Law and Order Code, Ch. 3, Sec. 4 provides that the Blackfeet Tribal Cour has civil subject matter jurisdiction over probate proceedings.

Mmu: 09/23/24–09/29/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Elephant In The Dark Room: A Response To Fair Notice, The Rule Of Law And Reforming Qualified Immunity, Teressa E. Ravenell

Faculty Publications

In response to Professor Chapman’s Fair Notice, the Rule of Law, and Reforming Qualified Immunity, this article examines the viability of Chapman’s proposal to reform qualified immunity by focusing on the “fair notice” rationale. Chapman argues that government officials should not be shielded from liability in cases where they acted in bad faith, violated criminal laws, or engaged in conduct malum in se. This article explores whether such a proposal could meaningfully alter qualified immunity litigation and concludes that significant procedural and historical barriers make this reform unlikely to succeed.

Law School News: Supporting Rhode Island's Aquaculture 9-23-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Cook Martin Poulson, P.C. V. Daniel G. Smith, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Replacement Principal Brief of Appellant
On appeal from the Second Judicial District Court, Weber County,
Honorable Cristina Ortega, District Court No. 220903740

Ndls Communicator: Week Of 09.23.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Four first-year students named 2024-25 Murphy Fellows at Notre Dame Law School
• ND Law’s Program on Law and Economics establishes new competition to select Law and Economics Student Fellows, names five students as inaugural Fellows
• Professor Stephen Tierney appointed Honorary King's Counsel
• In the latest episode of the DEI Podcast, Max Gaston sits down with New York Times bestselling author and Notre Dame alumnus Jemar Tisby, PhD.

Faculty News Briefs

• Mary Ellen O'Connell was quoted in articles by AP News, PBS News Hour, The Week, Times Malta, and Flagler Live about Israel's use of exploding devices in …

Scientific Programs In The Arab Media - Reality And Gap, Najm Abed Khalaf Aleessawi

The article aimed to reveal the level of Arab media coverage of specialized scientific topics and to know the actual need for such programs, especially with the tremendous developments in various fields of life. The descriptive analytical approach was adopted, and a questionnaire tool was used, which was distributed to (205) Arab academics and researchers who were selected by a simple random sampling method. The study found that coverage of scientific programs in the Arab media at the local level is not at the required level. Social media platforms are the most widely used media means for accessing scientific programs …

Artificial Intelligence, Copyright Registration, And The Rule Of Doubt, Thomas B. James

Texas A&M Law Review

Artificial intelligence (“AI”) technology has detonated an explosive burst of seemingly creative expression. Stories, images, music, and even entire books are now being generated very quickly. This development is a major headache for copyright registrars because the copyrightability of works created in this way is uncertain. The almost limitless variability in the extent of human involvement in the creation of a work using an AI tool compounds the uncertainty. In some cases, copyrightability is easy to determine, such as where an author only claims rights in the selection and arrangement of AI-generated output rather than the output itself. But in …

Echoes Of Reform: The Excellent Care For All Act And Psychiatric Patient Advocacy In Ontario, Lucia De Fatima Costa

LLM Theses

The passage of the Excellent Care for All Act (ECFAA) in June 2010 marked a significant juncture for healthcare reform in Ontario, aiming to enhance standards, optimize resources, and reduce costs across hospitals. One significant responsibility mandated under ECFAA was the requirement for a Patient Declarations of Values (PDoVs). This study delves into the foundational underpinnings of the PDoV development process, drawing from Mad Studies theory and the contemporary landscape of patient advocacy. I examine the integration of patient embodied knowledge in these PDoVs, while simultaneously identifying conspicuous absences by unpacking the assumptions within "patient engagement" and its role in …

Ai-Based Assistive Technologies & People With Disabilities: Privacy At Risk, Jasmine Madaan

LLM Theses

This thesis follows three research questions. First, it explores the potential privacy risks that people with disabilities (PWDs) face in the face of incorporation of artificial intelligence (AI) in assistive technologies (ATs). It then investigates reasons that exacerbate PWDs’ vulnerability to such potential privacy risks. Since legal literature in the context of AI-based ATs is limited, this thesis adopts a combination of multidisciplinary and traditional legal doctrinal research by studying legal literature and empirical research in other disciplines. Lastly, the thesis reviews the current Canadian data protection legal framework to examine if there is any provision specifically addressing PWDs or …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Cardozo Law News Brief: September 20, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Michael Pollack
• Luis Carlos Calderon Gomez
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Anthony Sebok
• Edward Zelinsky

Campus News:

• Immigration Justice Clinic Releases New Report that Exposes Failures of Immigration and Customs Enforcement to Provide Language Access to Detainees

Immigration Justice Clinic Releases New Report That Exposes Failures Of Immigration And Customs Enforcement To Provide Language Access To Detained People, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2024

In early September, the Kathryn O. Greenberg Immigration Justice Clinic (IJC) released Held Incommunicado: The Failed Promise of Language Access in Immigration Detention, the first report of its kind, focusing on how language access was denied to those who have limited English proficiency being held in U.S. Immigration and Customs Enforcement (ICE) detention facilities. The denial of language access the report uncovered includes multiple instances of ICE not providing translators and interpreters, impeding detained peoples' ability to request medical care and legal assistance, and demonstrates that the agency failed to meet its own guidelines.

Strata Prods. Worldwide, Llc V. Peabody Energy Corp. Order Peabody Energy's Ocga 9-11-11.1 Motion To Strike, Eric A. Richardson

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

No abstract provided.

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …