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Full-Text Articles in Law

Ndls Communicator: Week Of 03.27.23, Notre Dame Law School Mar 2023

Ndls Communicator: Week Of 03.27.23, Notre Dame Law School

NDLS Communicator

The Latest News

  • Paol0 Carozza was asked to serve as an expert witness before Inter-American Commission on Human Rights Court in the Beatriz et al. v. El Salvador case. The case relates to the alleged violations of the rights of Beatriz and her family due to the prohibition of the voluntary termination of pregnancy in El Salvador, which allegedly prevented her from the possibility of accessing a legal, early and timely termination when dealing with of a situation of alleged risk to life, health and personal integrity; as well as the non-viability of the fetus outside the womb. Paolo testified …


Mmu: 03/27/23–04/02/23, Student Bar Association Mar 2023

Mmu: 03/27/23–04/02/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

NDLS Faculty & Staff Spotlights: Margaret Lloyd

Ask a 3L: Guillermo Ramon Maria Perez Warnisher

Sport Report by Stephen Nugent

Jackie's Corner


1l 2023 Fall Recruitment Employer Forum, Cardozo Office Of Student Services & Advising Mar 2023

1l 2023 Fall Recruitment Employer Forum, Cardozo Office Of Student Services & Advising

Flyers 2022-2023

No abstract provided.


The Gloria And Stanley Plesent Lecture: “Parents’ Rights” And Transgender Children With Professor Dara E. Purvis Penn State Law, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Cardozo Outlaw, Cardozo Family Law Society Mar 2023

The Gloria And Stanley Plesent Lecture: “Parents’ Rights” And Transgender Children With Professor Dara E. Purvis Penn State Law, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Cardozo Outlaw, Cardozo Family Law Society

Event Invitations 2023

This year’s Gloria and Stanley Plesent Lecture will be given by Professor Dara E. Purvis, a scholar of family law, feminist legal theory, sexuality, gender identity and the law who teaches at Penn State Law. Her work examines gendered impacts of the law and proposes neutralizing reforms, most recently in the context of how the law defines parenthood. Professor Purvis will be discussing the recent spate of state bills and laws related to transgender children.


Facial Recognition Law: Why Should We Care?, Xueyang Peng Mar 2023

Facial Recognition Law: Why Should We Care?, Xueyang Peng

Cardozo International & Comparative Law Review Blog

What if you are a lawyer and you would like to spend an evening enjoying your favorite artist’s concert at the Radio City Music Hall? Or a Knicks game at Madison Square Garden? The first thing you should check is not the ticket price, but rather whether you, or your law firm, has made the MSG blacklist. Even though for years, the owner of MSG has been using the blacklist to exclude its enemies (and their associates) from setting foot in any MSG-owned venue, the facial recognition technology (“FRT”) just brought this practice to a new level.

This post was …


Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm Mar 2023

Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm

SLU Law Journal Online

There is a large potential impact of ChatGPT, an AI language processing model, on the legal industry. In this article, Grant Gamm highlights the various benefits and limitations of the new technology, while emphasizing ethical considerations that attorneys must keep in mind when using it. The article also touches on the broader issues of bias and "hallucinations" that can arise with AI tools and their potential impact on society. Overall, the article highlights the need for attorneys to maintain competence in technological advancements and be vigilant about ethical implications when adopting new tools like ChatGPT.


Spendthrift Trusts: The Tension Between Testamentary Freedom And Public Policy Concerns, Hailey Dobin Reichel Mar 2023

Spendthrift Trusts: The Tension Between Testamentary Freedom And Public Policy Concerns, Hailey Dobin Reichel

Cardozo Journal of Equal Rights and Social Justice Blog

In 1875, Supreme Court Justice Samuel Miller delivered the opinion of the court in a case pertaining to the construction of a woman’s trust created for her children. The matter focused on a provision in the testamentary trust that stated that the trust would terminate with respect to a son’s interest if he were to go bankrupt or insolvent, and that the resulting funds were to be collected by the trustees. Despite arguments presented to the court about how this inclusion acted as an attempt to evade notions of bankruptcy law, Justice Miller upheld the provision of the trust.

This …


Always A Suspect: Law Enforcement’S Use Of Location History Data In Criminal Investigations, Aaron A. Bengart Mar 2023

Always A Suspect: Law Enforcement’S Use Of Location History Data In Criminal Investigations, Aaron A. Bengart

Cardozo International & Comparative Law Review Blog

Imagine taking your dog on a walk around the neighborhood or visiting an ill parent in a nursing home and suddenly being considered a prime suspect in a serious criminal investigation. This has happened to a multitude of people over the past few years as law enforcement has increasingly used Location History data to identify perpetrators of criminal activity in every US state. For example, Zachary McCoy found himself as a suspect in a local home invasion simply for riding his bike past the house at issue multiple times on the day of the invasion. Consequently, Mr. McCoy felt obligated …


Deterrence, Punishment, Or Retribution: American Criminal Prosecution Of Sayfullo Saipov And Intern, Madeline Epstein Mar 2023

Deterrence, Punishment, Or Retribution: American Criminal Prosecution Of Sayfullo Saipov And Intern, Madeline Epstein

Cardozo International & Comparative Law Review Blog

On Halloween in 2017, Sayfullo Saipov drove a large truck into dozens of people on the cycling and pedestrian pathway near the West Side Highway in Manhattan, causing eight deaths and numerous injuries. Saipov was allegedly acting on behalf of the Islamic State (“ISIS”), and the Southern District of New York charged him with twenty-eight counts, including murder and attempted murder in aid of racketeering and provision of material support to a designated foreign terrorist organization, among other included charges. Saipov, a citizen of Uzbekistan, was found guilty by the American jury on all counts during the guilt phase of …


Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter Mar 2023

Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter

Duke Law & Technology Review

Over the last several years, the demand for socially responsible companies has exploded. Many states have responded to this demand by offering a new corporate form, the public benefit corporation (“PBC”), which arguably allows companies to prioritize social benefit in a way that traditional corporations cannot. The technology industry has adopted the PBC structure at higher rates than corporations in other industries. This Note offers reasons for the appeal of PBCs to corporations generally and to the technology sector in particular. This Note also explores why technology companies may be able to achieve the goals discussed without the need for …


Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekkonen Firew Ayano Mar 2023

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekkonen Firew Ayano

Journal Articles

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …


Causation And Conception In American Inventorship, Dan L. Burk Mar 2023

Causation And Conception In American Inventorship, Dan L. Burk

Duke Law & Technology Review

Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result, the speculation leads to a more fruitful inquiry about the role of causation in the law of inventorship. U.S. law has almost entirely disregarded causation in determining inventorship, with very few exceptions, some of which are surprising. In this essay, I examine those exceptions to inventive causality, the role they play in determining inventorship, and their effect in excluding …


Cardozo Invitational Negotiation On Entertainment, Media And Art Competition, Benjamin N. Cardozo School Of Law Mar 2023

Cardozo Invitational Negotiation On Entertainment, Media And Art Competition, Benjamin N. Cardozo School Of Law

Flyers 2022-2023

No abstract provided.


Keynote Address, Roy Hadley, Matthew Grocoff Mar 2023

Keynote Address, Roy Hadley, Matthew Grocoff

Georgia Law Review Symposia

Keynote address by two distinguished Georgia Law alumni, Roy E. Hadley Jr., whose many positions include Independent Counsel, Adams and Reese LLP, Atlanta, and Matthew Grocoff, whose many positions include founding principal of THRIVE Collaborative, Ann Arbor, Michigan.


Panel Iii: Regulatory Problems With New Technology, Amanda Reid, Dan L. Burk, Sharon Cop, Adam D. Orford Mar 2023

Panel Iii: Regulatory Problems With New Technology, Amanda Reid, Dan L. Burk, Sharon Cop, Adam D. Orford

Georgia Law Review Symposia

Panel discussion on regulating new technology with Professors Amanda Reid, University of North Carolina Law, Dan Burk, University of California-Irvine Law, and Sharon Cop, University of Haifa Law. Moderated by Georgia Law Professor Adam Orford.


Panel Ii: Innovations In Space And War, Rebecca J. Hamilton, Monika U. Ehrman, Melissa J. Durkee Mar 2023

Panel Ii: Innovations In Space And War, Rebecca J. Hamilton, Monika U. Ehrman, Melissa J. Durkee

Georgia Law Review Symposia

Panel discussion on space and war with Professors Rebecca Hamilton, American University Law, and Monika Ehrman, SMU Law. Moderated by Georgia Law Professor Melissa J. “MJ” Durkee, who is also the law school’s Associate Dean for International Programs and Director of its Dean Rusk International Law Center.


Panel I: Cyber Regulation, Asaf Lubin, Gregory M. Dickinson, Thomas E. Kadri Mar 2023

Panel I: Cyber Regulation, Asaf Lubin, Gregory M. Dickinson, Thomas E. Kadri

Georgia Law Review Symposia

Panel discussion on cyber regulation with Professors Asaf Lubin, Indiana-Bloomington Law, and Gregory Dickinson, St. Thomas Law. Moderated by Georgia Law Professor Thomas Kadri.


Five Indiana Law Faculty Members Honored With Teaching Awards, James Owsley Boyd Mar 2023

Five Indiana Law Faculty Members Honored With Teaching Awards, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Great instructors are at the heart of any great school, and the Indiana University Maurer School of Law was proud to recognize five of its best at the school’s annual Teaching Awards March 24.

This year’s recipients include BestLawyers’ 2022 Indianapolis Corporate Governance Law Lawyer of the Year, a beloved clinical professor and director, one of the world’s foremost authorities on the intersection of law and globalization, a top U.S. tax scholar, and a professor known for flipping homemade pancakes to students.

Professor Jeff Stake was honored with the Leon H. Wallace Teaching Award, the highest teaching recognition a faculty …


A Matter Of Motive: Malice In The Law Of Torts In The Age Of Connectivity, Greg Bowley Mar 2023

A Matter Of Motive: Malice In The Law Of Torts In The Age Of Connectivity, Greg Bowley

Dalhousie Law Journal

To meet the challenges posed by the novel modes of interpersonal relationships of contemporary society, Canadian tort law must develop a general principle of liability for the intentional infliction of harm. This principle would recognize the normatively-significant common thread of the wrongdoer’s intention to cause harm to another person in phenomena as varied as doxing, swatting, revenge porn, cyberstalking, impersonation, trolling, and harassment. The recent development of discrete, context-specific torts in response to problematic social media conduct is an inherently limited approach to novel interpersonal conduct. However, it also offers an opportunity for the enunciation of a general principle of …


29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law Mar 2023

29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Coastal Cities In The Southern Us Floodplains: An Evaluation Of Environmental Equity Of Flood Hazards And Social Vulnerabilities, Lubana Tasnim Mazumder Mar 2023

Coastal Cities In The Southern Us Floodplains: An Evaluation Of Environmental Equity Of Flood Hazards And Social Vulnerabilities, Lubana Tasnim Mazumder

USF Tampa Graduate Theses and Dissertations

Floods are recognized as one of the most common and widespread natural hazards in the United States (US). They are responsible for uncompensated losses and damages. Furthermore, evidence suggests flooding inflicts more harm among socially vulnerable groups, incapable of withstanding hazard events, raising environmental equity (EE) and justice (EJ) concerns. Regrettably, with continuing climate change and urbanization, flooding will not subside in the future; instead, the flooding frequency and intensity will increase in many parts of the US, and the trend of disproportionate impacts will continue to rise.

Since Hurricane Katrina, a considerable amount of research has been conducted on …


Public School Teachers Who Refuse To Use Preferred Names And Pronouns: A Brief Exploration Of The First Amendment Limitations In K-12 Classrooms, Suzanne Eckes Mar 2023

Public School Teachers Who Refuse To Use Preferred Names And Pronouns: A Brief Exploration Of The First Amendment Limitations In K-12 Classrooms, Suzanne Eckes

ConLawNOW

This article focuses on whether a teacher has a First Amendment right under both the free speech and free exercise clauses of the U.S. Constitution when refusing to use a student’s preferred name or pronoun in a public school classroom. The article begins by briefly summarizing a recent case from Kansas and then examines prior precedent involving teachers’ classroom speech and teachers’ rights to freely exercise their religious rights in public schools. It then briefly highlights how these issues have been addressed in previous pronoun cases and concludes with a discussion of related constitutional issues.


Regulating A Fantasy For A Billion: Playing On A Smartphone In India, Angshuman Hazarika Mar 2023

Regulating A Fantasy For A Billion: Playing On A Smartphone In India, Angshuman Hazarika

UNLV Gaming Research & Review Journal

The fantasy gaming industry in India has moved forward at an unprecedented pace with limited oversight primarily based on 'self-regulation'. The absence of a clear regulatory mechanism for this industry has been highlighted in previous work, but no clear determination has been provided on how to deal with this issue. The current contribution seeks to provide a path ahead by suggesting that the government regulate the industry directly instead of an industry-operated self-regulatory framework which has had limited effectiveness till now. This suggestion has been made considering the significant size of the industry and the target demographic of the fantasy …


Abortion Rights And Federalism: Some Lessons From The Nineteenth Century United States, Kate Masur Mar 2023

Abortion Rights And Federalism: Some Lessons From The Nineteenth Century United States, Kate Masur

ConLawNOW

The Dobbs decision, which gives states complete control over abortion laws, has unleashed conflicts that resemble the battles that arose when enslaved people fled slave states for free states, and enslavers, in turn, mobilized state and federal power to get them back. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has prompted frequent allusions to slavery and the antebellum United States. The history of those struggles reminds us of the corrosive impact of interstate conflict and of the importance of federal protections for freedom and individual rights. The history of the United States in the nineteenth century …


Symposium: The Future Of Reproductive Rights: Reevaluating Regional Law Reform Strategies After Dobbs, Jamie R. Abrams Mar 2023

Symposium: The Future Of Reproductive Rights: Reevaluating Regional Law Reform Strategies After Dobbs, Jamie R. Abrams

ConLawNOW

This article studies the triad of 2016 social media campaigns known as “#AskDr.Kasich,” “#askbevinaboutmyvag,” and “#PeriodsforPence” to garner insights to inform the vital work of regional law reform in a post-Dobbs America. While these campaigns, each located in the regional mid-South, were motivated by restrictive state abortion bills, they uniquely positioned menstruation and women’s bodies at the center of their activism—not abortion alone. They leveraged, as a political fault line, the contradiction of these states’ governors’ perceived disgust relating to basic women’s reproductive health, relative to their patriarchal assuredness in regulating and controlling women’s bodies. In so doing, they …


What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz Mar 2023

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Intraschool Negotiation Competition 2023, Cardozo Adr Competition Honor Society Mar 2023

Intraschool Negotiation Competition 2023, Cardozo Adr Competition Honor Society

Flyers 2022-2023

No abstract provided.


4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law Mar 2023

4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


What Were They Thinking? State Of Mind Puzzles In Insider Trading, Donald C. Langevoort Mar 2023

What Were They Thinking? State Of Mind Puzzles In Insider Trading, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

Insider trading law is famously incoherent, the well-recognized product of its piecemeal creation by the judiciary rather than Congress or (with exceptions) SEC rulemaking. Asking what the insider or tippee was thinking is both a doctrinal inquiry and an expression of exasperation aimed at those whose trading doesn’t seem worth the risk. This essay seeks to situate state of mind questions as they address both reasons for asking, and to show that the case law on the subject is even more puzzling than generally thought.


Silencing Students: How Courts Have Failed To Protect Professional Students’ First Amendment Speech Rights, Shanelle Doher Mar 2023

Silencing Students: How Courts Have Failed To Protect Professional Students’ First Amendment Speech Rights, Shanelle Doher

Washington and Lee Law Review Online

Over the past two decades, social media has dramatically changed the way people communicate. With the increased popularity of virtual communication, online speech has, in many ways, blurred the boundaries for where and when speech begins and ends. The distinction between on campus and off campus student speech has become particularly murky given the normalization of virtual learning environments as a result of the COVID 19 pandemic. In Tinker v. Des Moines Independent Community School District, the Supreme Court clarified that students retain their First Amendment rights on campus but that schools may sanction speech that materially and substantially …