Law Commons^™

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 …

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

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 …

Disability Benefits And Administrative Vulnerability: Lessons For Canada From The Us’S Social Security System, Neil H. Buchanan

Osgoode Hall Law Journal

The United States federal government’s disability insurance system is a leading example of the problems that arise when a social program combines subjective eligibility criteria with an administrative apparatus that cannot handle the inevitable expenses and delays that such criteria create and that are expensive to reverse. In particular, Black, female, and non-English speaking individuals are most likely to be improperly denied benefits under that program. By contrast, Canada is moving in the right direction with its recent enactment of the Canada Disability Benefit Act. That Act, while obviously not perfect, importantly improves access to social support for people with …

The Canada Disability Benefit Act And Women With Disabilities: Pursuing Disability Equality And Reducing Administrative Violence, Laverne Jacobs

Osgoode Hall Law Journal

Stakeholders have welcomed the Canadian Disability Benefits Act as an opportunity to rectify the long-standing socioeconomic disadvantage experienced by persons with disabilities. This article examines one specific form of marginalization that lies beneath the surface of the discussions surrounding poverty and persons with disabilities in Canada: It considers women with disabilities and disabled women from intersecting backgrounds, who face unique experiences of poverty that need to be addressed by any legislation aiming to eradicate income barriers for the disability community. By drawing on the theoretical frameworks of bureaucratic disentitlement, administrative violence, and disability equality, this article examines the lived realities …

The Canada Disability Benefit: Battling Ableism In Design And Implementation, Jennifer Robson, Lindsay Tedds

Osgoode Hall Law Journal

This article, written shortly after the framework legislation for the Canada Disability Benefit was introduced, discusses the key benefit design elements and options facing policymakers. We contrast these elements with the directional parameters set in the legislation. In the intervening months, the Government of Canada released an estimate of the annual costs of the new benefit and eventually drafted regulations that detail the actual design of the benefit in the Summer of 2024. These developments are outside the scope of this article, but the analysis in this article provides a foundation for other researchers and stakeholders to interpret and critique …

“Arrogance For Cruelty”: What Builds Exclusion Into The Canada Disability Benefit, Thaddeus Hwong

Osgoode Hall Law Journal

The vision animating the Canada Disability Benefit exemplifies “arrogance for cruelty” in public policymaking. What could be the start of doing so much is just the end of doing so little—something is done, so nothing more will need to be done. Dangling hopes and then crushing them is cruel. What perpetuates such policymaking cruelty is a manifest complacency, asserting that what is usually done is what should be done, and so it is the best that can be done. Deifying such inertia, which fortifies inadequacies despite what the disability community has to say, is arrogant. Using the limited amount of …

The New Québec Basic Income Program: A Useful Set Of Policy Directions For The Canadian Disability Benefit, Samuel Ragot

Osgoode Hall Law Journal

The Québec government started implementing a new Basic Income Program (BIP) on 1 January 2023. As a last-resort financial assistance program, the BIP intends to support people who have “severely limited capacity for employment” and have been participating in the province’s Social Solidarity Program for at least five and a half years. The BIP has been touted as a program that will lift more than eighty-four thousand individuals out of poverty, providing them with a partially individualized benefit and allowing them to work with limited clawbacks, study, and live fuller lives of quality.2 While some disability advocacy organizations are critical …

Processing Of Personal Data - A Comparative Analytical Study, Shamsa Matar Alneyadi

Thesis/ Dissertation Defenses

This study aimed to define the conceptual framework for the processing of personal data, identify the legality of its processing procedures, and detail the legal conditions necessary for this processing in accordance with federal law and comparative legislation. The study also dealt with the rights of the owner of personal data, the obligations of those who processed it, in addition to clarifying the role and responsibilities of data protection centers, such as the Emirates Data Office. To achieve these objectives, the comparative analytical approach was used, where the texts contained in Federal Legislation No. (45) of 2021 on the protection …