Law Commons^™

Civil Rights Clinic Files Brief In Solitary Confinement Lawsuit Against Mayor Eric Adams, Cardozo Civil Rights Clinic

Cardozo News 2024

The New York City Council and Public Advocate Jumaane Williams filed a joint lawsuit to invalidate New York City Mayor Eric Adams’ emergency executive orders that suspend parts of Local Law 42, which bans solitary confinement in city jails. Cardozo School of Law’s Civil Rights Clinic represents the #HALTsolitary Campaign & Jails Action Coalition. Clinic students Elisa Davila ’26 and Ciara Lavin ’26, along with Clinic Director Professor Betsy Ginsberg, are filing an amicus brief on their behalf. The organizations joined public defenders’ offices and the New York Civil Liberties Union as amici to the case.

Understanding The Transitional Needs Of Servicemembers To Veterans: A Focus On Mental, Social, And Behavioral Health, Marieann C. Raguso

Theses and Dissertations

This applied dissertation was designed to fill the gaps on the transitional American veterans’ lived experience using their own voice. The reconstruction of an American Veteran’s identity after transitioning back into civilian life is a process with many challenges. Transitional practices often fail to help veterans to acculturate back into the civilian world. This includes the formulation of identities and associations. There is a lack of consistency in military transitional practices leading to identity loss and the formulation of mental and behavioral disorders. The aim of this study is to examine the lived experiences of veterans who have transitioned back …

Assessing Pakistan’S Textile Exports Under Trade Agreements, Amjad Masood, Junaid Ahmed, Khuda Bakhsh

CBER Conference

Textiles serve as the export engine of Pakistan’s economy, constituting 60 percent of its total exports. Despite this prominence, Pakistan's global share in textile exports has consistently declined. Considering this, this study explores the potential impact of Free Trade Agreements (FTAs) on fostering textile exports. The study applied a structural gravity model with the Poisson pseudo-maximum likelihood (PPML) estimator to analyze annual exports for the period 2002–2021. Findings exhibit a positive and statistically significant effect of FTAs on textile exports, with varied impacts compared to major competitors. Moreover, we categorized textile products at the HS 4-digit level based on their …

Youth Program Fy2024 Evaluation Report December 2024, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Youth Conflict Resolution & Restorative Practices Program (Youth Program or Program), administered by the Massachusetts Office of Public Collaboration (MOPC) in collaboration with 10 community mediation centers (Centers), aims to reduce youth conflict and/or violence through a social and emotional learning (SEL) and positive youth development framework. This approach leverages mediation and restorative practices to equip youth with essential SEL skills and improve school climate. This FY2024 program evaluation report assesses the Youth Program’s effectiveness across multiple domains, including school climate, student SEL competencies, engagement/awareness, training, and resources.

Reading Law's Great Unread: Qualitative Computational Methods, Artificial Intelligence And The New Empirical Legal Research, Simon Wallace

PhD Dissertations

How will new computational technologies change legal research and our visions of what law is? Inspired by the work of digital humanists, Bourdieu, and sociologists of literature, this dissertation explores how the methods of “distant reading” can be used to develop new classes of critical insights about law. After situating the project theoretically, this dissertation reports on a series of new computational studies about Canadian law. Chapter 1 measures Canadian statutory and regulatory law, showing that law has grown unevenly over the past decade and a half. Chapter 2 uses new artificial intelligence to transcribe and analyze Supreme Court of …

Latinas In Law Enforcement: Tokenism, Barriers And Changes Along The Narrow Bridge To Promotion, Saturnino Velazquez

College of Education Theses and Dissertations

The purpose of this qualitative study was to better understand and analyze themes and patterns shared among the lived experiences of 12 female Latina Law Enforcement Officers (LEOs) in male-dominated police departments in the Midwest (Illinois and Minnesota). The researcher chose to adopt a basic interpretive qualitative research methodology for this study because it provides a flexible and useful research tool, and provided a broader approach to interpreting meaning from rich and detailed data, yet complex, and account of semi-structured interviews that served as a data collection instrument. This study was guided by the theoretical framework of Kanter’s research on …

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for failing to respond to an officer’s signal to stop , a third degree felony , in the Third Judicial District, Salt Lake County, the Honorable William Kendall presiding

EMILY ADAMS RACHEL PHILLIPS AINSCOUGH The Appellate Group Counsel for Appellant

REBECCA BARKER (19445) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General CURTIS TUTTLE TEGAN TROUTNER Salt Lake County District Attorney’s Office Counsel for Appellee

Mmu: 12/09/24–12/15/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Ndls Communicator: Week Of 12.09.24, Notre Dame Law School

NDLS Communicator

Faculty News and Briefs

• Lloyd Mayer was a guest on the Unreasonable Podcast episode "How Religious Organizations Game The IRS".
• A.J. Bellia has published "Constitutional federalism and the nature of the Union" (with Brad Clark) which explains the origins of U.S. federalism and responds to a recent symposium on his work in the Journal of Constitutional History and to other commentators.
• Rick Garnett was quoted in America Magazine about President Biden's pardon of his son, Hunter Biden.
• This week Sam Bray is presenting a sketch for a book on equity and change at the Judicial Administration / Judicial Process Roundtable …

Air Supremacy, The Enabler Of Close Air Support Operations – An Evaluation Of Past, Present, And Future Air Campaigns., Owen Topolnicki

Senior Honors Theses

The achievement of gaining aerial supremacy, or lack thereof, is the hinge upon which Close Air Support (CAS) swings. The attainment of it enables CAS specialist aircraft, not unlike the Ju-87 Stuka or A-10 Thunderbolt II, to be exceptionally effective in their operating environment. While the lack of it, forces aircrews to pioneer new solutions either in the form of multi-role aircraft (capable of self-defense), or other innovative solutions similar to unmanned aerial systems (UAS’s), as aptly seen in the ongoing Russo-Ukrainian conflict. Thus, the ability of an air force to gain air supremacy and to do so quickly, …

Cardozo Law News Brief: December 6, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Ellen Drucker-Albert
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Anthony Sebok
• Matthew Wansley
• Samuel Weinstein
• Richard Weisberg
• Edward Zelinsky

Stephanie Sankey Petitioner/ Appellant V. Cameron D. Sawyer, An Individual; Courteny A. Sawyer, An Individual; Picture Picture Films, Llc, A Utah Limited Liability Corporation; And Tim Timmerman, Hope Of America, Llc, A Utah Limited Liability Company, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE FOURTH JUDICIAL DISTRICT, UTAH COUNTY THE HONORABLE ROBERT A LUND

Gerald M. Salcido, Jon M. Hogelin, Attorneys for Appellees/Defendants

Stephanie E. Sankey, Appellant/Plaintiff

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Why The Ostensible Agency Tort Doctrine Is Incoherent, Daniel Harris

University of Miami Business Law Review

One of the most perplexing areas of current tort law is the ostensible agency tort doctrine, which courts use to determine whether companies should be held liable for the negligence of their independent contractors. In most cases, liability under this doctrine requires proof the plaintiff detrimentally relied on a representation that the contractor was an employee of the defendant. However, in cases involving the negligence of independent contractor emergency room doctors, courts often hold hospitals liable under the ostensible agency tort doctrine without requiring such proof. Why does the doctrine take two inconsistent forms?

This Article argues that the law’s …

Misinformed Depositors, Raj Ashar

University of Miami Business Law Review

Social media enables information to travel faster and wider than ever before, creating endless new possibilities. However, it also has opened the door to misinformation or disinformation, which has already wreaked havoc in many industries, including the financial sector. Given the importance of accurate information in banking stability, false information poses a real risk of causing bank runs that lead to bank failures.

This Article documents the risks that false information poses to the banking industry. It then turns its attention to the regulation of false information in securities markets, which has grappled with the issue for many years. Drawing …

A New Frontier: The Music Industry’S Struggle Against Generative Ai, Vaughn Gendron

University of Miami Business Law Review

Since the modern notion of artificial intelligence emerged in 2014, AI has rapidly developed into a technology with vast generative capabilities. This technology has allowed for the creation of copious amounts of AI-generated media content. One of the most impacted industries by this evolution is the music industry. In April of 2023, an unidentified user produced a viral AI-generated song titled “Heart on My Sleeve” in the vocal likeness of both Drake and The Weeknd. The song’s instant popularity among consumers shattered the music industry’s long-held belief that listeners would always prefer human creativity over artificial creation. This shift in …

Wear Your Heart On Your Sleeve, Whether You Like It Or Not: How Federal Regulation Can Address Advances In Biometric Technology, Greg Marcus

University of Miami Business Law Review

The use of biometric data for identification and authentication has become a common practice for people and businesses across the world. While these technologies offer a promising means of enhanced security, the emergence of artificial intelligence and machine learning has enabled the analysis of biometric data to reveal some of our most intimate personal information from simple physical characteristics. The rapid advancement of this technology has brought the issue of regulation to the forefront of discussions in both Congress and state legislatures. Accordingly, many states have proposed, and in several instances passed legislation specifically regulating the collection of biometric data. …

Whose Information Is Whose? Adult Adoptees And The Silent Struggle To Access Records, Alyssa Traina

Undergraduate Honors Theses

The United States has fifty-one different laws pertaining to adult adoptee access to their original birth certificates and adoption court records, with only fifteen states being unrestricted. These states give adult adoptees access to their documents upon request. Fifteen states are restricted, meaning they require a court order to obtain documents, which involves proving “good cause” to a judge. This requirement of “good cause” has no standard definition. The remaining twenty-one states are compromised, meaning they have complex requirements to obtain documentation. My research uses case studies of the restricted laws of California, the unrestricted laws of Louisiana, and the …

Interstate Commerce And Personal Jurisdiction In Flux: A Critical Analysis Of Mallory V. Norfolk Southern Railway Co. And Its Effects On Business Litigation, Mairi Cooley

University of Miami Business Law Review

This Note examines the implications of the U.S. Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co., advocating for legislative intervention by Congress to mitigate its adverse effects on interstate commerce. The Court revived a pre-International Shoe v. Washingtonprecedent, validating a Pennsylvania statute that imposes general personal jurisdiction on non-resident businesses registered in the state. Justice Gorsuch’s majority opinion, supported by a diverse coalition of Justices, underscored the constitutionality of the statute under the Due Process Clause, with Justice Jackson emphasizing the principle of jurisdictional waiver via business registration. Conversely, Justice Alito’s concurrence, while agreeing on …

Embracing The Heat: “Hot Labor Summer” Rekindles Nlrb Authority, And The Need For Strategic Enforcement, Matthew J. Mallon

University of Miami Business Law Review

The National Labor Relations Board is solely responsible for enforcing federal labor union law, but it lacks the power to effectively remedy and deter unlawful acts. This situation allows employers to violate labor law with near impunity, denying their employees’ rights guaranteed under federal law. In Cemex Construction Materials Pacific, LLC, the NLRB overturned decades-old precedent and adopted a more effective standard for determining whether to issue an order for an employer to bargain in good faith with a union. The new rule disincentivizes unfair labor practices, which promotes employees’ freedom to designate representatives for collective bargaining, but alone, it …

Selecting Lower Court Judges In The Senate Lame Duck Session, Carl W. Tobias

Richmond Public Interest Law Review

When Congress reconvened in November, Donald Trump had won a second term in the White House and Republicans had secured a majority in the upper chamber. The federal judiciary thus became a salient point of contention in the Senate lame duck session. During Trump’s initial four years as chief executive, he and the Republican chamber majority rejected or substantially deemphasized longstanding requirements and customs of judicial selection to fill all the levels of the federal courts with young, highly conservative jurists, including thirteen whom they seated after Trump had lost the 2020 election to President Joe Biden. These phenomena threatened …

Canadians With Disabilities: Income Security And Tax Policy, Hengameh Saberi, Jinyan Li

Osgoode Hall Law Journal

Various barriers such as reduced work-related capabilities, scarce employment opportunities, and a resulting low level of motivation or incentives have historically led to a compounded level of financial insecurity among the disabled population. In response, the current symposium presents a scholarly examination of a significant federal legislative movement toward financial security and poverty reduction among the disabled population of working age—the enactment of the Canada Disability Benefit Act (CDBA). Here we contextualize the CDBA and briefly introduce the proceeding symposium contributions.

Compounding Barriers To Access: A Study Of Tax Policies And Practices That Exclude Women With Disabilities In Poverty, Cynthia Minh

Osgoode Hall Law Journal

A single parent on social assistance who cannot afford the medical interventions they require does not make enough money to offset their medical costs through taxes. A woman who experiences chronic symptoms of fibromyalgia and struggles to get diagnosed in their adulthood feels dependent on a doctor who is unsupportive of their disability benefit applications for chronic pain medication. A person who experiences paranoia is unable to access the tax information needed to apply for rental assistance programs because they forgot to complete a step when filing for a name and gender change. These are stories from individuals who have …

The Rise Of Refundable Tax Credits: Implications For The Canada Disability Benefit, Wayne Simpson

Osgoode Hall Law Journal

Bill C-22, while vague, sets its sights on poverty reduction and financial security for persons with disabilities by establishing a Canada Disability Benefit that will be delivered as a refundable tax credit along the lines of the Guaranteed Income Supplement and the Canada Child Benefit. This article reviews the evolution of tax credits in North America from income exemptions to non-refundable tax credits to the rise of refundable tax credits in the modern tax system. It offers lessons from existing refundable credits and corresponding discussions around a guaranteed basic income to inform the design of a Canada Disability Benefit that …

Is The Canada Disability Benefits Program Consistent With The Social Model Of Disablement? The Perils And Promises Of Equality Rights Through Income Support Programs, Ravi Malhotra

Osgoode Hall Law Journal

The social model of disablement stands for the proposition that it is structural barriers that impede the lives of people with disabilities. Disabled people should be included in all spheres of life, including employment, through the removal and eradication of barriers. At first glance, the expansion of disability benefits appears to contradict the goal of inclusion of people with disabilities in employment. In this article, I argue that the passage of the Canada Disability Benefit Act is fully consonant with the social model of disability. Using the work of disability rights scholar Marta Russell and the philosopher Cornelius Castoriadis, as …

Stitching The Canada Disability Benefit Into The Social Security System: Expectations, Patchworks, And Goals, Michael J. Prince

Osgoode Hall Law Journal

New public policies stir old expectations and stimulate new expectations among people. For the planned Canada Disability Benefit (CDB), what is possible? What type of policy is at stake for women with disabilities? The CDB symbolizes an official acceptance by the federal government of a national public responsibility to address known risks of low income and poverty among hundreds of thousands of persons with disabilities. In policy content terms, the CDB is redistributive and regulatory. As redistribution, it promises to be a large-scale allocation of public revenues to a broad category of individuals disproportionately living in poverty in Canada. As …

Front Matter

Osgoode Hall Law Journal

Volume 61, Number 2

The Fiscal Contract And Delivering The Canada Disability Benefit Through The Income Tax System, Jinyan Li

Osgoode Hall Law Journal

This article argues that the Canada Disability Benefit should be delivered through the income tax system and designed based on the Canada Child Benefit. The income tax system has evolved for over one hundred years to reflect the give-and-take, or fiscal contract, reached by Canadians to raise revenues to fund social spending programs and deliver benefits to low-income Canadians in accordance with some fundamental principles and values. Being part of the income tax system can enhance the fiscal sustainability of and public support for the new program. Because the Canada Disability Benefit is available only to working-age individuals and is …

How To Design A Program For The Poor That Is Not A Poor Program: Explaining The Political Sustainability Of The Guaranteed Income Supplement, Daniel Béland, Patrik Marier

Osgoode Hall Law Journal

Created in 1967 as a temporary program aimed at supporting low-income people during the maturation of the Canada and Quebec Pension Plans, the Guaranteed Income Supplement (GIS) has since become a permanent policy that remains a central component of Canada’s multi-layered public pension system. In this article, we explain why GIS is a popular and politically successful program that challenges the common wisdom in political science and policy analysis that “programs for the poor are poor programs.” The article shows that the success of GIS stems from its policy design (e.g., income-tested rather than means-tested benefits), the social construction of …

Resolving The Paradox Of Payroll-Tax-Based Social Insurance For Disability: Lessons From The Canada Disability Benefit Act, Mark C. Weber

Osgoode Hall Law Journal

This article discusses contributory social insurance for disability—a government program in which employment taxes produce a fund for pensions to workers who experience disability before retirement age. Although widely viewed as a successful policy innovation, disability insurance presents problems. For example, it produces tensions with a tenet of disability rights: that disability arises from the interaction of impairments with the physical and attitudinal environment, necessitating accommodations, not pensions and separation from the workforce. Moreover, social insurance privileges people whose disabilities occur after they amass work histories, providing a higher level of benefits based on earnings rather than meagre amounts allotted …