Law Commons^™

Down The Drain: The Bankruptcy Of Insys Therapeutics, Inc., Leah Creathorn, Randi Thompson

Chapter 11 Bankruptcy Case Studies

No abstract provided.

The Bankruptcy Of Remington Outdoor Company: All Bang, No Bucks, Bradshaw Behinfar, Shaun Douglas, Chad Zachman-Brockmeyer

Chapter 11 Bankruptcy Case Studies

No abstract provided.

This Earthly Frame: The Making Of American Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Getting Out Of The Woods: Boy Scouts Bankruptcy, Dalton Maddox, Savannah Mcmillan

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty Before Brown V. Board Of Education, Briana Lynn Rosenbaum

Tennessee Law Review

Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, "the Board of Regents" refused to change its policy and "the University" denied a person's application.

But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …

Interview Of Sister Helen Prejean By Symposium Editor Andres Lopez, Sister Helen Prejean

Intercultural Human Rights Law Review

Interview of Sister Helen Prejean, member of the Roman Catholic religious order of the Sisters of St. Joseph of Medaille, by Symposium Editor Andres Lopez.

The United Nations Human Rights Committee: The Evolution Of The Punishment Of The Death Penalty, Ahmed Fathalla

Intercultural Human Rights Law Review

As a former member and Chairperson of the Human Rights Committee, I will address the issue of death penalty based on three instruments:

First: Article 6 of the International Covenant on Civil and Political Rights dealing with the right to life.

Second: The Second Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of death penalty.

Third: General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the right to life.

Exploring The Worldview Of Religious Sister: A Comparative Empirical Analysis Of Altruistic/Voluntaristic Attitudes, Saikia Bidisha, Datta Monti, Luka De Pulford, Kevin Bales

Intercultural Human Rights Law Review

Religious Sisters within the Roman Catholic Church (sometimes referred to as "Women Religious" or simply "Nuns") are involved in fundamental economic and social development, human rights, and anti-slavery/anti-human trafficking work around the world, as well as driving essentially feminist and economic equality agendas within the wider the populations and communities in which they live. Much of the work carried out by these Religious Sisters resembles that of non-sectarian Non-Governmental Organizations (NGOs). But, unlike most NGOs, the Religious Sisters tend not to: work to a specific job description, produce annual reports, release the results of monitoring and evaluation, prepare grant proposals …

Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank

Scholarly Works

No abstract provided.

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Faculty Scholarly Works

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …

The Key Deer Is Headed For Extinction: How Repealing A Trump-Era Federal Rule Defining "Habitat" Could Allow Assisted Migration To Save Species Threatened By Climate Change, Kennedi Fichtel

St. Thomas Law Review

Climate change induced sea level rise is imminent. In fact, the U.S. Army Corps of Engineers has predicted that “[b]y 2045, the sea level in the Florida Keys will rise 15 inches . . . .” Such a projection usually invites questions about the implications for coastal residential homeowners. However, this projection means so much more for the voiceless inhabitants of the Florida Keys. Anthropogenic climate change that leads to sea level rise of this magnitude will be responsible for permanently destroying species’ habitats, and therefore impacting their ability to survive. For endangered and threatened species, this means extinction. As …

Combating Fraud Under The False Claims Act: Not-Protecting Against Post-Employment Retaliation Is A Self-Defeating Policy, Alejandro Flores Jr.

St. Thomas Law Review

Every year, fraudulent activity against the United States government costs taxpayers billions of dollars. The majority of these losses result from acts of fraud against federal health care programs like Medicare and Medicaid, and to a lesser extent, from matters involving contracts with the government for the purchase of goods and services. However, the United States Department of Justice (“DOJ”) fights back to regain lost taxpayer dollars by taking action under the False Claims Act (“FCA”), which imposes liability on such types of government fraud. Since 1986, actions taken by the DOJ resulted in the recovery of over $64 billion …

The Constitutional Issues Of Publishing Mugshots In The Age Of Screenshots And Digital Media, Ryan J. Mcelhose

St. Thomas Law Review

This paper takes the position that American people’s Due Process rights are violated when their mugshots are digitally disseminated prior to a conviction. The press’s First Amendment rights are not violated by not having access to pre-conviction booking photos because the press can report on other publicly accessible information. The same conclusion can be made relating to private citizens and private companies who assert that their Freedom of Speech rights are violated by not having access to obtain, publish, and disseminate pre-conviction mugshots. Existing scholarship has addressed the issue of publishing mugshots with privacy arguments related to the Freedom of …

State Spoliation Claims In Federal District Courts, Jeffrey A. Parness

College of Law Faculty Publications

The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …

Abortion And Safe Haven Laws, Jeffrey A. Parness

College of Law Faculty Publications

Notwithstanding the assertions of the State of Mississippi, of one amicus, and of Justice Amy Coney Barrett in Dobbs v. Jackson Women’s Health Organization, abortion laws and safe haven laws are oil and vinegar. Not only do they not mix, but safe haven laws in some ways support the continuing validity of the balance on individual privacy interests and legitimate governmental interests struck in the Roe v. Wade decision on abortion. Both abortion availability laws and safe haven laws advance the interests of women who choose not to parent children within their existing family structures. But safe haven laws, …

Civil Procedure And The New Bar Exam, Jeffrey A. Parness

College of Law Faculty Publications

In 2022 the National Conference of Bar Examiners (NCBE) issued its “Content Scope Outlines” for public comment, soliciting input on “significant oversights. The outlines were designed to inform the public “of the scope of the topics to be assessed in the eight Foundational Concepts and Principles (FCP) and the scope of the lawyering tasks to be assessed in the seven Foundational Skills (FS) on the next generation of the bar exam.” One of the eight FCP was “Civil Procedure” (including constitutional protections and proceedings before administrative agencies).

This comment addresses some “significant oversights” (solicited by the NCBE) on the topic …

Adapting To A 4°C World, Sarah Fox, Karrigan Börk, Karen Bradshaw, Cinnamon Piñon Carlarne, Robin Kundis Craig, Joshua Galperin, Keith H. Hirokawa, Shi-Ling Hsu, Katrina Fischer Kuh, Kevin J. Lynch, Michele Okoh, Jessica Owley, Melissa Powers, Shannon Roesler, J. B. Ruhl, James E. Salzman, David Takacs, Clifford Villa

College of Law Faculty Publications

The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it. In this latest in a biannual series of essays, they and other members of the Environmental Law Collaborative explore what 4°C might mean for a variety of current legal doctrines, planning policies, governance structures, and institutions.

Who Is A Parent? Intrastate And Interstate Differences, Jeffrey A. Parness

College of Law Faculty Publications

When the parental status of one or more people involved in a civil action is contested in a court in the United States, the need for a legal parentage determination arises. In these contests, legal parentage can differ from personally and/or publicly perceived parentage. Legal parentage can also differ by context, as between child custody and child support settings. Legal parentage most often varies by context in a single American state where the purposes behind varying parentage laws differ, as where biology is key in one setting and parental like acts are key in another setting.

Parental status laws are …

Choosing Parentage Laws In Multistate Conduct Cases, Jeffrey A. Parness

College of Law Faculty Publications

This paper explores choosing parentage laws in multistate conduct cases in varying contexts, including cases involving parentage for childcare purpose and for such nonchildcare purposes as tort, probate and child support. Choice of law may be compelled by Full Faith and Credit. Where there is no compulsion, the forum choice of law rules typically apply. These rules, of course, can vary in a single state between contexts, as with parenthood in childcare and in probate settings. These rules can also vary between states in a single context, as with parentage in tort settings. The paper seeks to provide guidance to …

American Constitutions And Artificial Insemination Births, Jeffrey A. Parness

College of Law Faculty Publications

Childcare parentage issues arising from assisted reproduction births are subject to constitutional guidance, including due process, equal protection, and privacy dictates. Constitutional rights, however, sometimes go unrecognized in assisted reproduction laws, particularly for same sex couples, wed and unwed, as well as for single women. Upon a brief review of contemporary American state assisted reproduction laws, current and future constitutional precedents are explored. This analysis shows that constitutional, as well as public policy, reforms are particularly needed for same-sex female couples and single women employing assisted reproduction as intended parents.

Diy Artificial Insemination: The Not-So-Great Gatsby, Jeffrey A. Parness

College of Law Faculty Publications

Increasingly, intended parentage by female couples, married and unmarried, and by single women, is pursued via do-it-yourself (DIY) artificial insemination (AI) that utilizes sperm donors (who may be unknown). A recent ruling illustrates the difficulties arising from incomplete AI statutes. In Gatsby v. Gatsby in 2021, the Idaho Supreme Court determined legal parentage for a child born via AI to a married female couple who later divorced. The Gatsby ruling is troublesome on several fronts. Its problems highlight the difficulties facing intended childcare parents employing AI in the United States, especially for those without significant financial resources and women, coupled …

The Roberts Court And Lost Esi, Jeffrey A. Parness

College of Law Faculty Publications

John G. Roberts, Jr. was confirmed as Chief Justice of the U.S. Supreme Court in September 2005. Since then, there have been two major changes in the Federal Rules of Civil Procedure (FRCP) involving losses of discoverable electronically stored information (ESI). These changes address the duties of preserving some ESI for federal civil litigation and the sanctions available for preservation failures. The changes were embodied in FRCP 37, once in 2006 and once in 2015. The current Rule 37(e) provisions have always been accompanied by other FRCP discovery provisions on ESI, with some predating any version of Rule 37(e). To …

Expanding State Parent Registry Laws, Jeffrey A. Parness

College of Law Faculty Publications

As with state recognized voluntary acknowledgements of parentage (VAPs) and state recognized assisted reproduction pacts (SRARPs) on childcare parentage for future or current children, state parent registries (PRs), often labeled putative paternity registries or putative father registries, embody declarations of expecting or current legal parenthood. Yet declarations on children in PRs often involve unilateral assertions, unlike dual parenthood declarations in VAPs. Actual parenthood under law for many PR declarants is never recognized because there are no simultaneous assertions by a second expecting or existing legal parent on the declarant’s parenthood, as with an assertion by an expecting or existing birth …

The Tangled Web: Teaching The Meaning Of Legal Citations In The Online Age, Matthew L. Timko, Heather J.E. Simmons

College of Law Faculty Publications

Online citations are both a blessing and a curse. On the one hand, a citation embedded in a digital document can usually be retrieved by clicking on a link, but on the other, this process eliminates the need to understand any of the information inherent in the citation. To a law student who has only conducted research online, a legal citation is like a wireless passkey—a random string of characters that has no meaning. It is therefore unsurprising that law students have trouble distinguishing between a statute and a regulation. Citations underpin the entire legal research process, tying everything together …

The Right To Access Legal Information: Progress And Evolving Norms In A Digital Age, Heidi L. Frostestad

College of Law Faculty Publications

The right to access information is a historically fundamental right according to international legal norms. During an era of increasingly complex innovation and burgeoning digital legal information, the tension between access and barriers to easily accessible legal information like encryption and privacy have changed the landscape of open access. This article addresses the traditional international law facilitation of open access to legal information and current legislative efforts for protection of these norms. It also offers a matrix of international and national initiatives as model regimes for this important right to access information and, especially, preserving open access to legal information.

Privacy Qui Tam, Peter Ormerod

College of Law Faculty Publications

Privacy law keeps getting stronger, but surveillance-based businesses have proven immune to these new legal regimes. The disconnect between privacy law in theory and in practice is a multifaceted problem, and one critical component is enforcement.

Today, most privacy laws are enforced by governmental regulators—the Federal Trade Commission, the nascent California Privacy Protection Agency, and state attorneys general. An enduring impasse for proposed privacy laws is whether to supplement public enforcement by using a private right of action to authorize individuals to enforce the law.

Both of these conventional enforcement schemes have significant shortcomings. Public enforcement has proven inadequate because …

When A Statute Comes With A User Manual: Reconciling Textualism And Uniform Acts, Gregory A. Elinson, Robert H. Sitkoff

College of Law Faculty Publications

This Article develops an interpretive theory for statutes that originate as Uniform Acts promulgated by the Uniform Law Commission. Although overlooked in the literature on statutory interpretation, state-enacted Uniform Acts are ubiquitous. They shape our life cycles—governing marriage, parentage, divorce, and death—and structure trillions of dollars in daily commercial transactions.

Largely focusing on textualism, today’s dominant form of statutory interpretation, we analyze the interpretive consequences of two unusual features of state-enacted Uniform Acts. First, the text of every Uniform Act directs courts to interpret it to “promote uniformity.” Second, each provision is accompanied by an official explanatory comment, analogous to …

Not For Human Consumption: How To Alleviate The Cruelty Plaguing The Pet Food Industry In The United States, Bailey Frank

Animal Law Review

More than 37 billion dollars of pet food was sold in 2019, a sum that increased to approximately 42 billion dollars in 2020. In fact, forty-two of the fifty states have pet food facilities producing more than 3 million tons of animal-based pet food ingredients. Yet, in the last decade, multiple pet food brands have been found to contain trace amounts of euthanasia ‘death drugs’ and are made from 3D or 4D animals — those that are dead, dying, diseased, or disabled. While this can often cause sickness or death in companion animals, an equally urgent issue is the welfare …

Piglet Castration And Pain Relief Drugs: Revamping "Safety Drug Approval Requirements To Address "Efficacy" Requirements For Nsaids, Zoë Sigle

Animal Law Review

This Article investigates the U.S. pork industry's routine practice of piglet castration without pain relief and why no nonsteroidal anti-inflammatory drugs (NSAIDs) have received approval from the United States Food and Drug Administration (FDA) for use in piglets to relieve pain associated with surgical castration. Some countries have approved and even require the use of NSAIDs for surgical castration in piglets. However, the U.S. veterinary pharmaceutical community claims to lack validated scientific methodology to quantify pain in piglets, leading to a lack of substantial evidence to demonstrate NSAID effectiveness and thereby barring FDA-approval of NSAIDs for pain relief in piglets …

Medicine, Structural Racism, And Systems, Daniel G. Aaron, Fatima Cody Stanford

Utah Law Faculty Scholarship

Medicine is having a reckoning with systemic racism. While some continue to believe medicine is apolitical and grounded purely in science, history and research reveal that medicine is inseparable from underlying systems, laws, and policies. Obesity is a useful case study. Weight loss trials have shown the immense difficulty in achieving and sustaining weight loss without addressing overlying systems. Barriers are double for Black, Indigenous, and People of Color (BIPOC) with obesity, who must contend with multiple layers of oppressive systems. Increasingly, illness is not a matter of bad luck, but is a function of oppressive structures. COVID-19 likely originates …