Law Commons^™

Cardozo Black Law Students Association Presents: Picnic In Central Park, Black Law Students Association (Blsa)

2024–2025 Flyers

No abstract provided.

Koszty Pozyskiwania Kapitału W Drodze Emisji Obligacji Na Gruncie Podatku Dochodowego Od Osób Prawnych, Anna Kasperowicz, Robert Piechota

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Running a business depends largely on having the necessary funds, and one of the ways to obtain them is to issue bonds. Raising capital by issuing bonds usually brings certain benefits to the issuer, but may also cause certain difficulties. They concern primarily the proper interpretation and understanding of regulations related to taxation of bond issues and their trading. The aim of the article is to discuss the issues of costs arising in connection with the issue of bonds, and their proper interpretation in the context of the regulations of the Corporate Income Tax Act. The analysis was carried out …

Szacowanie Rozsądnego Zysku W Ramach Opłat Za Dostęp Do Obiektów Kolejowej Infrastruktury Usługowej Na Przykładzie Stacji Pasażerskich, Leszek Borowiec

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The objective of the paper is to interpret the definition of ‘reasonable profit’ in railroad law, and to present the author’s proposal for its calculation in the framework of fees for the provision of railroad service infrastructure facilities, as well as making estimates using the example of passenger railroad stations. In terms of research methodology, the paper contains a review of international literature and practices, reports, guidelines and recommendations published by regulatory authorities. It also indicates the implications on the methodology for estimating ‘reasonable profit’ as a component of the cost of access to service infrastructure. The article presents the …

Jak Wykorzystanie Finansów Zdecentralizowanych Może Zwiększyć Dostęp Mikro- I Małych Przedsiębiorstw Do Kapitału Finansowego – Założenia Do Eksperymentu Ekonomicznego, Dariusz Sobolewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents the nature of decentralized finance (DeFi) as a potential alternative to traditional financing models for micro and small enterprises. Focusing on the limitations of the traditional financial system, the main barriers to access financial capital for micro and small enterprises are highlighted. The main purpose of the article is to analyze the feasibility of conducting an economic experiment to investigate whether a decentralized finance approach can become a solution to increase the accessibility of financial capital for micro and small enterprises. The results of such economic experiment could potentially contribute to future discussions and the conduct of …

Prowadzenie Rejestru Akcjonariuszy W Formie Rozproszonej I Zdecentralizowanej Bazy Danych – Uwagi Na Tle Art. 328(1) Kodeksu Spółek Handlowych, Paweł Czaplicki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the issue of the forms of maintaining a register of shareholders, including the use of a dispersed and decentralized database. The article uses the dogmatic-legal research method. The key problem posed in the paper is whether, in the light of the applicable Art. 328(1) of the Commercial Companies Code, maintaining a register of shareholders using a dispersed and decentralized database is at all possible in Poland. In this context, according to the hypothesis put forward by the author, the legal provisions currently in force in this area make it impossible to maintain a register of shareholders in …

Zaufanie Społeczne A Uwarunkowania Psychologiczne Atrakcyjności Oferty Sektora Fintech Wśród Klientów Indywidualnych Banków, Krzysztof Świerszczak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Latest research shows that social trust has ceased to be an element of the competitive advantage of banks over enterprises that use innovation in the process of providing financial services. Moreover, consumers trust companies belonging to the FinTech (Financial/Technology) sector to a greater extent than banks. In this context, the determinants of consumer decisions, in particular psychological ones, should be analyzed. These are individualized in the context of each choice made by the consumer, and in the face of the observed comparable level of consumer trust in FinTech entities and banks. They may indicate significant differences in the perception of …

Wstrzymanie Na Podstawie Art. 31za Ustawy Z 2 Marca 2020 R. O Szczególnych Rozwiązaniach Związanych Z Zapobieganiem, Przeciwdziałaniem I Zwalczaniem Covid-19, Innych Chorób Zakaźnych I Wywoływanych Nimi Sytuacji Kryzysowych Biegu Terminów Dokonania Czynności Przez Komisję Nadzoru Finansowego W Ramach Nadzoru Nad Rynkiem Finansowym, Joanna Róg-Dyrda

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of this article is to analyze the issue of suspending deadlines for actions to be taken by the Polish Financial Supervision Authority in the area of financial supervision based on Article 31za of the Act of 2 March 2020 on Special Solutions Related to the Prevention, Counteracting and Combating COVID-19, Other Infectious Diseases, and Crisis Situations Caused by them (Covid-19 Act). The article focuses on interpretive doubts that have arisen in jurisprudence and the effects of regulations on legal certainty.

Regulating Algorithmic Harms, Sylvia Lu

Law & Economics Working Papers

In recent years, the rapid expansion of artificial intelligence (AI) innovations has led to a rise in algorithmic harms—harms emerging from AI operations that pose significant threats to civil rights and democratic values in today’s technological landscape. A facial recognition system for improving criminal detection wrongly collected sensitive personal data and flagged racial minorities as shoplifters. A risk-prediction algorithm adopted to identify patients denied medical treatment to Black individuals with poor health conditions. A social media algorithm intended to boost social engagement exacerbated addictive behavior and mental illness in teenagers. These harms are becoming increasingly ubiquitous yet often manifest in …

Bellsouth Telecomms, Llc V. Aegis, Ltd Order On Motion To Dismiss Improper Venue And Forum Non Conveniens, Kathy Lee Ellerbee

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

No abstract provided.

Sengketa Pajak Atas Penugasan Pemerintah Pada Perusahaan Bumn (Studi Kasus Pertamina, Pos Indonesia Dan Reasuransi Indonesia Utama), Raja Darius Sutardjo Sinaga

Jurnal Hukum & Pembangunan

State-owned enterprises (BUMN) are legal entities which the government has more than 51% ownership. The purpose of BUMN being established is to carry out national development by seeking profits that can become income for the government as well as carrying out public activities through carrying out public services such as providing telecommunications, electricity, water, and construction of public facilities which cannot be fully fulfilled by the government. Therefore, the government hands over the completion of public services to BUMN to carry them out because of their expertise in their respective fields. In every business process carried out by a legal …

Judicial Preview Oleh Mahkamah Konstitusi Sebagai Upaya Preventif Perlindungan Hak Konstitusional (Studi Komperasi Dengan Mahkamah Konstitusi Chili), Elisabeth Sihaloho, Fifiana Wisnaeni

Jurnal Hukum & Pembangunan

The existence of the Constitutional Court as stated in the provisions of Article 24C of the 1945 Constitution has established the dignity of the Constitutional Court's position as a Guardian of the Constitution which is understood as a judicial institution that protects the constitutional rights of Indonesia citizens. This research is aimed at solving the problem of the constitutional rights of Indonesia citizens who are often injured through legal products in the form of laws. Therefore, this study focuses on studying, analyzing and comparing how the context of judicial preview or can be understood as a test of a draft …

Arbitrase Dan Media Sosial (Arbitration And Social Media), Suar Sanubari

Jurnal Hukum & Pembangunan

This article discusses the use of social media among arbitration actors. Social media have evolved since its inception. In the beginning, social networks were used to stay in touch with friends and family. Now the trend is to follow influencers. The boundaries between personal and professional use have become blurry. Social media are more regulated and supervised now, especially due to privacy and national security concerns. The social media adoption landscape has matured with increasing adoption by all generations. The use of social media can give rise to questions about ethical conduct or even the integrity of the arbitration proceedings. …

Tribe V. Flamand, 24-Whc-11 (Blkft. Tr. Ct. App., Sept, 4, 2024), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a writ of habeas corpus, reaffirming Tribe v. Evans, 19-AP-767 as binding precedent, stating that the review of a challenge to excessive bond was for a “specific prisoner” based on the record in that particular case.

From Publius To Santos: Congressional Expulsion And The Enforcement Of Legislative Virtue, Matthew A. Edwards

Emory Law Journal Online

On December 1, 2023, in a historic decision, the U.S. House of Representatives voted to expel Congressperson George Santos. Prior to Santos’s expulsion, only two members of the House had been expelled since the Civil War. In fact, although he was under indictment, Santos was the first member to be expelled from the House without first being convicted of a federal crime or supporting the Confederacy. Santos presented an unusual case, however. By the time that he was expelled, Santos was nationally reviled for fabricating nearly every aspect of his personal biography. Although it is difficult to know what the …

Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn

Digital Heritage Preservation Collection

This collection explores the life of Gladys Mitchell and the home she shared with her family on Detroit's Eastside. Gladys and her husband, Ossian Sweet, lived with her parents Benjamin and Rosella in a residence on 9322-24 Cairney Street from 1922 to 1925 before moving to the now-historic bungalow at 2905 Garland Street, located about a mile southeast. In 1925, when the Sweets moved into an all-white neighborhood, their experience led to a landmark Supreme Court case that affirmed African Americans' rights to homeownership, including the right to defend their private property.

Benjamin Mitchell and his wife, Rosella, rented the …

Cjcr Publishes Volume 25, Issue 3 (Summer 2024), Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 3 (Summer 2024). The print edition of the issue has also been released.

Accessible at Volume 25.3: Summer 2024, this issue contains Articles by Rachel Ringort, Ayelet Sela, Roselle L. Wissler, and Art Hinshaw, and Notes by Shifra Ben-Jacob, Eliott Dosetareh, Daniel Hyungtae Kim, and Jillian Leavey.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 4, 2024.

Law School News: Transforming Adversity Into Advocacy 9-4-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brief Of 15 Scholars Of Law And Medicine As Amici Curiae In Support Of The Petition For Rehearing En Banc, Charles Duan

Amicus Briefs & Court Filings

The panel decision announces an over-expansive, ill-defned doctrine of inducement, in which well-pled allegations may be based on nothing more than ordinary marketing materials and mandatory labeling--even when those materials never recite or describe the claimed invention. This unprecedented and erroneous expansion of inducement liability leaves the law uncertain. It is now unclear, among other things, what statements a generic frm may make about its own product's equivalence and how much of the generic product's labeling information must be revised--assuming that such revisions are even regulatorily allowed--in order to avoid the risk of an inducement lawsuit.

Review Of The Little Book Of Restorative Teaching Tools: Games, Activities, And Simulations For Understanding Restorative Justice Practices, Olivia Engling

The Journal of Social Encounters

No abstract provided.

Review Of Dialogue & Dissent: A Constitution In Search Of A Country Kenya, Robert M. Press

The Journal of Social Encounters

No abstract provided.

Rights Of Nature: The Indigenous-Led Movement For Sovereignty And A Sustainable Future, Kathryn Schug, Ted Gordon

The Journal of Social Encounters

The rights of nature movement works to grant legal rights to beings other than humans. Led by Indigenous communities across the globe, the movement is grounded in commonly shared Indigenous beliefs that regard non-human beings as are our relatives and as deserving of the same legal rights as humans. Grounded in Indigenous worldviews, the rights of nature movement pursues the twin goals of creating an environmentally sustainable future and enshrining legal protections for Indigenous values and practices. This article explores how the White Earth Nation, a federally recognized Ojibwe tribal government in Minnesota became the first in the United States …

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Brief of Appellee
Appeal from convictions for felony discharge of a firearm,
first-degree and third-degree felonies; and obstructing justice,
a second-degree felony; in the Third Judicial District, Salt Lake
County, the Honorable Richard McKelvie presiding

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

State’s Opposition to Defendant’s
Motion for 23B Remand

People-Powered Gen Ai: Collaborating With Generative Ai For Civic Engagement, Sarah Williams, Sara Beery, Chris Conley, Michael Lawrence Evans, Santiago Garces, Eric Gordon, Nigel Jacob, Eden Medina

Faculty Scholarship

Cities globally have begun experimenting with using generative artificial intelligence (Gen AI) for civic engagement. Civic engagement is essential to a well-functioning government and involves the various interactions between the public and the city to share information and make decisions. Using Gen AI for civic engagement holds much potential, including the deployment of chatbots, language translation, synthesis of complex and technical documents, visioning and co-creation of design ideas, data visualization, and simulation and scenario planning. However, with these opportunities comes numerous concerns for the accuracy of results, algorithmic bias, private sector involvement, digital equity, and environmental costs. Our review of …

Aspek Keperdataan Dalam Upaya Penyelesaian Sengketa Medis Antara Pasien Dengan Tenaga Medis Berdasarkan Undang-Undang Kesehatan, Lintang Zandra Camellia, Adhitya Widya Kartika

Jurnal Hukum & Pembangunan

Medical disputes in the civil field are disputes that can occur between patients and doctor as a medical-professionals and are related to the full fillment of the rights and obligations of the binding relationship as a legal result in the provision of medical services. Medical disputes can lead to losses suffered by patients which can be in the form of limb disability, even death. The emergence of law and health provides a beneficial collaboration, where the health field can be used to face public health challenges and the law can be used to maintain peace and order in society. The …

Ndls Communicator: Week Of 09.03.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Indiana Supreme Court Rules in Favor of Notre Dame Law School Exoneration Justice Clinic Clients

Faculty News and Briefs

• Marcus Cole presented “The Value of Values in Higher Education” at the Columbia Economics Club on August 30.
• The EJC and Jimmy Gurulé were quoted in several news sources about the recent exoneration of Anthony Bedolla.
• Fr. Pat Reidy was quoted by the Catholic News Agency in “Building in ‘God’s backyard’: Los Angeles affordable housing project could herald things to come”
• Derek Muller was quoted by CNN in "The Supreme Court has ignited new fears about how it …

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Note

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

“Hey Girlie, Want To Sell Your Soul?” How The U.S. Can Counteract Predatory Cult Activities Through The Lens Of Fraudulent Business Schemes, Georgia Bronson

The Business, Entrepreneurship & Tax Law Review

This paper investigates the parallels between predatory New Religious Movements (NRMs) and fraudulent business schemes such as pyramid and Ponzi schemes. By examining their recruitment tactics, psychological manipulation, and exploitation of economic vulnerabilities, this paper reveals how these organizations target socially and economically unstable populations for financial gain. The study proposes two strategic interventions: first, using the Social Vulnerability Index to develop proactive government responses, including targeted public service announcements and law enforcement education; and second, creating an IRS database requiring detailed financial reporting from tax-exempt organizations. The goal is to address systemic vulnerabilities through data-driven policy, increased transparency, and …

What’S The “Gig” Idea?: The Importance Of Understanding Who Employees Are Under The Flsa, Gracie Williams Clevenger

The Business, Entrepreneurship & Tax Law Review

The United States Department of Labor (“the Department”) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act. This paper delves into the dynamic landscape of workers' rights, tracing the historical development of labor regulations and the intricate classifications of employees and individual contractors. The paper navigates key milestones in the evolution of workers' rights, from the early labor movements to the present-day legal frameworks. By examining landmark legislation, judicial decisions, and societal shifts, the paper illuminates what has shaped the rights and protections afforded to …