Law Commons^™

The Lymphedema Treatment Act: Past, Present, And Future, Candace Alexander, Leigh Ann Foster, Susan Gordon, Runzun Shetye

Oncology Rehabilitation in Practice

No abstract provided.

The Mechanisms Of The Human Rights Protection In The American Human Rights System As An Appropriate Model For Application Under The Arab Human Rights System, Emad Abdulsattar

Al Jinan الجنان

The adoption of the Arab Charter on Human Rights in 2004, the establishment of a mechanism for it represented by the Charter Committee and the adoption of a statute of the Arab Court of Human Rights in 2014 are of utmost importance; the existence of an Arab document that talks about human rights and freedoms cannot be protected without adopting a mechanism that ensures the proper application by States parties of the provisions of this document, which may be a quasi-judicial or judicial mechanism. Otherwise, the human rights system cannot be characterized as a system for the protection of the …

The Legal Protection Of The Cultural Heritage Under The Lebanese Law, Khaled Abdulsalam

Al Jinan الجنان

The national cultural heritage, with the quality of the tangible and the intangible, is a cultural treasure, a witness and a symbol that expresses human creativity in terms of art and aesthetics through the course of its cultural history, as it highlights the elements of art, beauty, excellence and originality. For this, it constitutes the building block of the society, its unity and cohesion by highlighting the national and cultural identity of the nation, through showing its historical role, the originality of its people and the civilization of its society and its sacrifices. This encourages the preservation of this heritage …

Autumn Community Gathering, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

Mmu: 10/14/24–10/20/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Triumph Of Tax Textualism, Reuven S. Avi-Yonah

Articles

In Varian Medical Systems, the Tax Court held in a unanimously reviewed opinion that the taxpayer was entitled to take a section 245A deduction for an amount treated as a dividend under section 78. Section 78 provides that deemed paid foreign taxes are treated as dividends received for foreign tax credit purposes, thus grossing up the amount of the dividend by the foreign taxes attributable to it before granting the FTC. This provision is needed because otherwise the taxpayer would enjoy both a deduction and a credit for the same foreign tax. Section 245A, however, eliminates the tax on the …

Ndls Communicator: Week Of 10.14.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Dean G. Marcus Cole awarded the Dignitatis Humanae Award by the University of St. Thomas School of Law
• Catholic educators in Oklahoma challenge State AG's hostility to religious schools

Faculty News and Briefs

• Last week, South Bend Mayor James Mueller declared October 2, 2024 as International Wrongful Conviction Day and presented the proclamation to Jimmy Gurulé in recognition of the Exoneration Justice Clinic's important contributions.
• Mike Kirsch was quoted in a Wall Street Journal article about former President Trump's proposed tax policies.
• Marcus Cole was quoted by The Indiana Lawyer in an article about how Indiana law …

Outlining And Exam Tips Workshop, Asian Pacific American Law Students Association (Apalsa)

2024–2025 Flyers

No abstract provided.

Malisa Neilson, Appellee V. Stephan Thomas Olsen, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Direct Appeal to the Utah Court of Appeals Appeal from the Fifth District Court, Washington County, Utah District Court Case No.: 224500531, Hon. Eric A. Ludlow presiding

Kit Erickson, Counsel for Appellee

Benjamin K. Lusty, Meaghan E. Farris, Counsel for Appellant

P*Law 2025: Planning Meeting, Center For Public Service Law

2024–2025 Flyers

No abstract provided.

The Fiduciary Duty Of Combatting Global Climate Change, Sadie Mapstone

Washington and Lee Law Review Online

Ancient Roman Law codified the concept that there are certain resources that are so great and so important to human survival, that intuitively, no person should own them. Further, the government must protect these resources for the people. Today, this concept is known at the public trust doctrine. According to the contemporary doctrine, the seas, oceans, shores, and submerged lands cannot be privately owned, but shall be held in trust by the government for public use. Relying on the public trust doctrine, climate change litigants have brought a tirade of lawsuits—which have largely been unsuccessful—alleging that the government has a …

Unfenced: The Fourth Circuit Gives Geofencing Its First Appellate Go-Ahead In United States V. Chatrie, Jordan Wallace-Wolf

Washington and Lee Law Review Online

In United States v. Chatrie, the Fourth Circuit issued the first federal appellate opinion on the Fourth Amendment status of geofencing queries. The opinion is significant because geofences present a conceptual challenge to the framework of Carpenter v. United States, the reigning Supreme Court precedent on the Fourth Amendment status of digital searches. That opinion held that long-term tracking of a target individual was a search. However, geofencing reveals information about an indeterminate number of individuals for only a short time, in virtue of their being at a target location during a target span of time. Does the …

The Role Of Jordanian Television Programs In Raising Awareness About Mental Health From The Perspective Of Psychiatrists, Yasmine Hamza Badis, Saddam Suleiman Salman Almashaqbeh

Middle East Journal of Communication Studies

The study aimed to identify the role of Jordanian television programs in raising awareness of mental health from the perspective of psychiatrists. The sample of the study was composed of 153 members from the Jordanian Association of Psychiatrists affiliated with the Jordanian Medical Association. To achieve the goal of this study, the descriptive approach was followed, and the study relied on the questionnaire as a tool for collecting data. The results of the study showed that the role of Jordanian television programs in raising awareness about mental health from the Perspective of psychiatrists was medium, and the diversity of features …

Challenging The Block: Analyzing The Bar Against California’S Enforcement Of Ab 51, Natalie Pearson

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of 2024, the U.S. District Court for the Eastern District of California issued a permanent injunction, barring the enforcement of California’s Assembly Bill 51 (“AB 51”). California’s AB 51 was a state law aimed at prohibiting California employers from requiring arbitration agreements as a condition of employment, protecting workers from being forced into arbitration. The law was set to take effect in 2020 but was delayed by immediate legal challenges. After four years of litigation, the state law was permanently enjoined.

The print edition of the issue has also been released. This post was originally published on the Cardozo …

New York’S Unregulated Litigation Lending Industry, Heather R. Abraham, Maura Graham

Other Scholarship

No abstract provided.

Jade Taylor V. West Millard Mosquito Abatement District : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth District Court, Millard County, State of Utah, Case No. 220700005 the Honorable Anthony Howell Presiding Justin D.

Justin D. Heideman (8897) Norman W. Peat, Jr. (17836) HEIDEMAN & ASSOCIATES Attorneys for Plaintiff/Appellant

Gregory N. Hoole (7894) HOOLE & KING Attorneys for Defendant/Appellee

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Cardozo Law News Brief: October 11, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Luis Carlos Calderon Gomez
• Rebekah Diller
• Gabor Rona
• Michel Rosenfeld
• Edward Zelinsky

Campus News:

• Evelyn Konrad ’05 Shares Story of Resilience After Surviving Holocaust and Establishing a New Life in America

Matthew Barlow V. Raymond Hour : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Coral Sanchez, District Court No. 170900003

Jeffrey T. Colemere (8527) COLEMERE GIBBS, PLLC Tamara J. Hauge (4334) SMART, SCHOFIELD, SHORTER PC Emily Adams (14937) THE APPELLATE GROUP Counsel for Appellant

Benjamin S. Ruesch (12646) Tony G. Jones (9181) Travis Dunsmoor (18909) Jeannette Barney (6825) RUESCH & REEVE, PLLC Counsel for Appellee

Evelyn Konrad ’05 Shares Story Of Resilience After Surviving Holocaust And Establishing A New Life In America, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Evelyn Konrad ’05 shared her powerful story of surviving the Holocaust and finding a new life in America during a discussion with the Cardozo community on October 10.

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …

Legal Standards Governing Modification Of Child Custody Orders, Christian T. Chandler

Maine Law Review

Child custody is an area of the law where the courts have tread cautiously. Bitter disputes between separating parents often erupt into court struggles over which parent will gain custody of the minor children. As a result of this discord, and the terrible toll it can take on both the parents and the children, the courts are wary of modifying the original custody decree and moving a child from one parent to another. Courts must vigilantly deter custody suits brought purely for vengeance or harassment. The court acts as the child's legal protector when a change of custody issue is …

Libby V. Calais Regional Hospital: Contracting Out Of Maine's Employment-At-Will Doctrine, Russell Goldsmith

Maine Law Review

In Libby v. Calais Regional Hospital, Elizabeth Libby, a medical technologist at Calais Regional Hospital, brought suit against her former employer claiming breach of contract for improper discharge and alleging that the hospital failed to honor the terms of their mutually binding employment agreement. In particular, the plaintiff maintained that the hospital did not follow the termination procedures that had been set forth in her employee handbook and that were incorporated as terms of her employment contract. The trial court granted defendant's motion for a directed verdict, concluding that the plaintiff did not present sufficient evidence to show that her …

Cameras In Maine's Courts: Has The Time Come? Will It Ever?, Joseph M. O'Connor

Maine Law Review

Should television cameras be allowed in Maine's courtrooms? The answer to this question implicates policies involving the rights of parties, witnesses, the media, and the public. Nearly ten years ago, the Supreme Court ruled conclusively that there is no constitutional impediment to allowing television coverage of trials in state courts. Since then, the majority of states have promulgated rules, with greater or lesser degrees of restriction, allowing television coverage of proceedings in their courts. This trend has not abated; with the adoption of audio-visual coverage rules by the Vermont Supreme Court in 1989, Maine is now the only New England …

Jurisdiction Of The Land Use Regulation Commission Within Baxter State Park, Benjamin P. Townsend

Maine Law Review

Baxter State Park is a 200,000 acre preserve located in north-central Maine that contains, among other natural features, Maine's highest mountain, Katahdin. The park was created through the efforts of a former Governor of Maine, Percival Proctor Baxter, who bought the land himself and then donated it to the people of the State of Maine. His Deeds of Gift, which were accepted by the Maine Legislature, created a trust, under the terms of which the Park is to remain "forever wild." The park is supervised by the three-member Baxter State Park Authority, which is composed of the Attorney General, the …

In Pursuit Of The Appropriate Standard Of Liability For Defective Product Designs, Christina M. Moylan

Maine Law Review

Since the advent of strict products liability with the holding in Greenman v. Yuba Products Co. in 1963 and the promulgation of section 402A of the Restatement [Second] of Torts ("Restatement") in 1965, courts have struggled to strike an appropriate balance between competing social policies with respect to liability for defective products. On the one hand, those injured by defective products should not be burdened by the contractual intricacies of the law of sales or the onerous (virtually insurmountable in products cases) evidentiary obstacles of negligence. On the other hand, most courts agree that manufacturers and distributors should not be …

Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill

Maine Law Review

Historically, the legal profession has considered the solicitation of business inappropriate. The profession has articulated this condemnation of solicitation, which developed as a principle of good taste among a small and homogeneous group of practitioners, in the form of specific rules prohibiting its members from engaging in certain forms of conduct. In recent years, the United States Supreme Court has considered various rules that restrict the commercial speech of lawyers. Reviewing these proscriptive rules, the Court struck down categorical bans on lawyer advertising and targeted, direct mail solicitation as violative of the first amendment. Because the free flow of information …

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …