Law Commons^™

The Ordinary Questions Doctrine, Lisa S. Bressman

Vanderbilt Law School Faculty Publications

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron as inconsistent with the Administrative Procedure Act ("APA"), which requires courts to decide "all relevant questions of law" and therefore prohibits them from deferring to agency interpretations because the relevant statutory language is ambiguous. A different approach now governs judicial review of the countless routine, often specialized questions of statutory interpretation that agencies answer in the normal course of implementing their statutes-the "ordinary" questions. But Loper Bright did not provide direction on how courts should determine which of these questions are questions of law. This issue arises because many, …

The False Promise Of Rescheduling, Robert A. Mikos

Vanderbilt Law School Faculty Publications

Over the past fifty years, marijuana advocates invested considerable effort trying to reschedule the drug under the Controlled Substances Act (CSA). Multiple times, they pe- titioned the Drug Enforcement Administration (DEA) to take marijuana off the highly re- strictive Schedule I and move it to one of the statute's less tightly regulated Schedules (II- V) or even deschedule the drug altogether. Along the way, they waged protracted legal battles with the agency over the tests and processes it uses for scheduling decisions. How- ever, advocates had very little to show for all their efforts. The DEA rejected every petition to …

Gendered Capital Punishment, Sandra L. Babcock

Cornell Law Faculty Publications

This Article, for the first time, grapples with the influence of gender on decision makers in women’s capital trials. Part I provides a brief overview of scholarship examining the experiences of women offenders in the criminal legal system. Part II explains how gender inflects the prosecutions of women charged with capital crimes, drawing on scholarly research as well as a data set comprised of the trial transcripts of every woman currently on death row in the United States. Part III explores how the gender of key decision makers could affect the quality of justice received by women capital defendants. I …

Recent Developments: Gonzalez V. State, Iman Aziz

University of Baltimore Law Forum

No abstract provided.

Emergency Powers For Good, Elena Chachko, Katerina Linos

William & Mary Law Review

Emergency powers are widely, and justly, criticized as threats to the rule of law. In the United States, forty-three declared emergencies give the executive vast authority to exercise power unencumbered by standard legal and procedural requirements. A long tradition of executive use of emergency powers to erode civil liberties amplifies fears of executive overreach.

Yet this, we argue, is only part of the picture. We examine how emergency powers can be used for good. We argue that under certain limited conditions, political actors can legitimately invoke emergency powers to transform public policy. In addition to widely accepted requirements of crisis …

Sackett V. Epa And The Future Of Wetland Protections, Dulaney Marsh

William & Mary Law Review

This Note will analyze prior CWA [Clean Water Act] jurisprudence to formulate a test that remains steadfast to Congress’s purpose in originally including “adjacent” wetlands and acknowledges the scientific understanding of wetlands’ relation to and impact on waters. Part I will provide an overview of the CWA legislation and its application in courts. Part II will specifically analyze the Sackett v. EPA decision in order to find a balance between the “significant nexus” and “continuous surface connection” tests. Part III will address criticisms surrounding the overreach of the CWA. Part IV will conversely address criticism concerning the Court’s decision to …

U.S. District Judge Orders Indiana Department Of Correction To Provide Gender-Affirming Surgery For Transgender Individual With Severe Gender Dysphoria, Arthur S. Leonard

Other Publications

No abstract provided.

How Mda Advocacy Saves You Money – And More, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The editorial emphasizes the value of the Michigan Dental Association’s (MDA) advocacy efforts in improving the dental practice environment and saving dentists money. Key initiatives include a bill ensuring dentists receive full payment without fees, laws regulating network leasing, and the elimination of a state tax on dental prosthetics. The MDA also helped expedite dental office reopenings during COVID-19 and ensured dental professionals were prioritized for vaccinations. Additional efforts include regulating mobile dental operations and updating regulations around sharps container replacement. The editorial encourages support for MDA advocacy through engagement and donations to the MDA Dental PAC.

Dentistry And The Law: Update On The Ftc’S Rule Banning Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission's (FTC) Final Rule to ban most employee non-compete agreements, originally set to take effect on September 4, 2024, has been delayed due to ongoing litigation. Court decisions in Pennsylvania and Texas have resulted in conflicting rulings regarding the FTC's authority to enforce such a ban. A Pennsylvania district court upheld the FTC's power to regulate non-compete agreements, while a Texas court ruled against it, declaring the ban arbitrary and capricious. No appeals have been filed yet, and the issue remains unresolved, with potential appellate court decisions and the results of the presidential election likely influencing the …

Mda Foundation: The Mda Foundation’S Access To Care Grants Are On The Rise, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation has increased its grant awards by 13.5% this year, providing $117,500 to 12 organizations focused on improving access to dental care. Notable recipients include the Gary Burnstein Clinic, awarded a second Diversity and Inclusion grant, and three new organizations: the Shelter Association of Washtenaw, Trinity Community Care, and the Grand Rapids Children’s Museum. Several returning grantees, including Malta Clinic and VINA Clinic, saw increased funding to continue offering free or reduced-cost dental services. Despite slight reductions for a few organizations, the overall grant program expanded, with the Foundation’s total awards increasing by 7.3%. The Foundation continues to …

Child-Taking, Diane Marie Amann

Scholarly Works

A ruling group at times takes certain children from their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done and the children are lost. But that may be changing, as the International Criminal Court is seeking to arrest …

Law Library Blog (October 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Clinics And Emergencies, Elizabeth Keyes, Sabrina Balgamwalla

All Faculty Scholarship

Clinical programs—and the clinicians who run them—are regularly called upon to respond to emergency situations. These engagements can be rewarding, personally and professionally. But, as we know from our own work as immigration clinicians, emergency lawyering also presents pressure points for clinicians. Our hope in writing this article is to surface and critique the dynamics that arise when clinicians are called upon to engage in emergency work. Specifically, we aim to expand on the literature of clinics and emergency responses by reflecting on the ways in which emergency responses have drawn significant energy and time from clinicians, including ourselves. As …

Ten Empowering Strategies For Nondirective Clinical Supervision, Michele E. Gilman

All Faculty Scholarship

No abstract provided.

Too Little Too Late: Why The Environmental Justice Problems Caused By The Army Corps's Nationwide Permits Program Run Much Deeper Than Permit 12, Travis O. Brandon

Law Faculty Scholarship

This Article argues that the United States Army Corps of Engineers’ review of Nationwide Permit 12 (NWP 12) is insufficient to remedy the deeper environmental justice defects embedded within the Nationwide Permit Program as a whole. NWP 12, which facilitates expedited authorization of oil and natural gas pipeline crossings under § 404 of the Clean Water Act, has enabled the construction of fossil fuel infrastructure with minimal site-specific environmental review and no meaningful opportunity for public comment. Drawing on theories of procedural environmental justice, the Article contends that the structure of the Nationwide Permit Program systematically disadvantages communities of color …

A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann

Cardozo Journal of Equal Rights & Social Justice

The note argues that social media companies should be held accountable for their role in the youth mental health crisis through the legal framework of public nuisance law. Drawing parallels to successful cases against tobacco and opioid companies, the author contends that social media platforms, by prioritizing profits over user well-being, contribute to widespread harm such as anxiety, depression, and suicide among youth. While acknowledging concerns about judicial overreach and the challenges of proving causation, the note advocates for judicial intervention as a necessary corrective in the absence of effective legislative action.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Hidden Until The End: The Need To Inform Medicaid Enrollees Of Estate Recovery Costs Before Their Death, Ashley Bassel Griffith

Law Faculty Scholarship

This Article examines the Medicaid estate recovery program and argues that its current notice framework fails to provide meaningful disclosure to Medicaid enrollees regarding the financial consequences of long-term services and supports (LTSS) coverage. Although Medicaid insures approximately one in five individuals in the United States, it uniquely requires certain beneficiaries—primarily individuals age fifty-five or older receiving LTSS—to repay covered costs from their estates after death. Federal law mandates recovery but does not require states to inform applicants or enrollees of anticipated or accrued estate recovery costs during their lifetimes. As a result, families frequently receive notice of substantial recovery …

Crypto Regulation (And De-Regulation) In The U.S. And E.U. And The Effects Of Each On Consumer Protection And Illicit Transactions, Bella Alonzo

The International Law Review Association Student Forum

The United States and the European Union face a wide disparity in regulation tactics for cryptocurrencies. With the recent rollout of the world’s first comprehensive crypto-asset regulation framework, the EU’s Markets in Crypto Assets Regulation (MiCA) has further exacerbated incongruities with the U.S.’s comparatively hands-off, scattered regulation strategy. The lack of uniform market regulation not only challenges compliance efforts, but it leaves critical gaps that have proved harmful for investors and opportune for criminals. Prioritizing international regulatory harmonization could result in continued growth of digital assets and a safer, more stable global crypto market, but the path forward is tense …

Unprotected Heritage: The Inadequate Safeguarding Of Traditional Knowledge And Cultural Expressions Under Intellectual Property Law And The Trips Agreement, Kennedy Wilson

The International Law Review Association Student Forum

This paper examines the challenges of protecting traditional knowledge and cultural expressions within existing intellectual property frameworks along with the Trade-Related Aspects of Intellectual Property Rights Agreement. While intellectual property law is crucial for protecting creations of the mind, its application to the unique characteristics of traditional knowledge and cultural expressions—often communal, intangible, and spiritually significant—reveals significant inadequacies.

An analysis of copyright, patent, and trademark systems reveals shortcomings in adequately safeguarding traditional knowledge and cultural expressions. Copyright’s emphasis on originality and fixation in tangible form excludes much intangible cultural heritage. Patent systems frequently grant protection without acknowledging traditional knowledge as …

Tax In Law Schools, Michael Hatfield

Articles

At the 2023 Association of American Law Schools Tax Section meeting, professors discussed their impressions of a decline in the number of JD students studying tax. Their impressions were consistent with declines that have been documented in similar fields. Between 2011 and 2021, U.S. accounting programs saw an 18% drop in students, while new CPA candidates declined 39% from 2010 to 2022. In the United Kingdom, the number of law schools that teach tax has diminished by 43% since 2002. This Article examines tax education in 40 U.S. law schools, focusing on course offerings and enrollment trends from 2012 to …

Richmond Law Magazine: Autumn 2024

Richmond Law Magazine

Conviction is not the end

Law's newest laboratory

Take good care

A Survivor's Survival Kit: How To Be Best Prepared For The Unexpected Death Of A Practice Owner, Ted Schumann Ii Mba, Msf, Cfp, Aif

The Journal of the Michigan Dental Association

The article emphasizes the importance of estate and succession planning for dental practice owners, drawing from the author's personal experience following the death of their father, a business owner. Key considerations include whether to sell or close the practice, appointing a person to manage operations after the owner's death, and maintaining the value of the practice during the transition. The article also addresses legal issues such as probate, ensuring patient care continuity, and providing a "Survivor's Survival Kit" with instructions for heirs and staff. Proper planning can reduce the burden on surviving family members and protect the practice's value.

J Mich Dent Assoc October 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The October issue's key content includes:

• Clinical Feature on Endodontics and Vital Pulp Therapy
• Practice Management Feature with Tips on Surviving the Death of a Partner
• An update on Advocacy

Regulating Shipping Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S. federal laws applicable to transportation and geologic storage of carbon dioxide, including laws enacted to implement relevant international treaties. The Article also contextualizes its …

The Framework Is The Message: Legal And Ethical Implications Of Chatgpt, Amanda Turnbull

Canadian Journal of Law and Technology

The rapid rise of generative AI represents a palpable paradigm shift: models like GPT-3 (and its subsequent iterations), DALL-E, and AlphaCode are becoming foundation models for many other AI-based applications. Foundation models may be used for many different tasks with minimal modification and are positioned to replace task-specific models of AI. This holds tremendous promise in society such as advancing scientific research, rethinking education and training, and creating new types of art and expression. At the same time, however, generative AI has its dark side such as accuracy risk, the threat of large-scale unemployment, potential security vulnerabilities, and AI misbehaviour …

Towards Green Crypto Mining: Regulating Sustainability In Canada And Iceland — A Dual Approach With Lessons From Bitcoin And Copper Industries, Gulnoza Abdurakhmonova

Canadian Journal of Law and Technology

Cryptocurrency mining has emerged as a significant sector within the digital economy, characterised by its substantial energy consumption and its impact on environmental sustainability. The article undertakes a comparative analysis of the regulatory frameworks governing cryptocurrency mining in Canada and Iceland, with a particular emphasis on addressing energy consumption and environmental concerns. The article aims to provide valuable insights into crafting effective regulatory strategies that balance the growth of the crypto mining industry with sustainable energy practices. It will highlight the growing importance of regulating this industry to address these challenges effectively.

L’extraction de crypto-monnaie est devenue un secteur important …

The Privacy Fallacy: Harm And Power In The Information Economy By Ignacio Cofone, Christopher D'Souza

Canadian Journal of Law and Technology

‘‘Our privacy is besieged by tech companies,”1 laments Ignacio Cofone, Law Professor and privacy aficionado, in The Privacy Fallacy: Harm and Power in the Information Economy. In an enlightening yet harrowing discourse, Cofone draws on insights from behavioural science, sociology, and economics2 to argue that the widespread consent-based model of privacy is not only outdated, but untenable given modern data practices.3 Further, Cofone acknowledges the increasing use of Artificial Intelligence (AI) in data processing, leading to novel challenges for the safeguarding of personal information.4 Thus, The Privacy Fallacy is more than just about privacy law’s shortcomings; it also raises questions …

R. V. Bykovets: An Affirmation Of Canadians’ Right To Informational Privacy, Bertina Lou

Canadian Journal of Law and Technology

The R. v. Bykovets decision illustrates how new technological realities can reconfigure societal norms and values in ways that demand recognition in the eyes of the law. This case commentary summarizes the Supreme Court’s 2024 Bykovets decision and situates it in jurisprudence on Section 8 of the Canadian Charter in relation to informational privacy. It also demonstrates how the normative approach applied by the SCC in Bykovets, which reflects increased accountability for third parties to safeguard individuals’ privacy, appropriately reconciles divergences in jurisprudence over time.

La décision R c. Bykovets illustre comment les nouvelles réalités technologiques peuvent reconfigurer les …

Learning In Lockdown: Assessing The Impact Of Online Legal Education On The Development Of Professional Competencies And Identity, Adrien Habermacher, Sulaimon Giwa

Dalhousie Law Journal

We administered a survey to law students at three Canadian law schools in the Atlantic region at the end of the Fall 2020 term. The survey asked students to compare their learning of each of the Federation of Law Societies of Canada (FLSC)-mandated competencies, as well as several others taken from the Law Society of New Brunswick (LSNB) competency profile, in the Fall 2020 (online) term versus previous terms of study. The survey also solicited testimonies on students’ socialization into the legal community during their unexpected online law school experience. Our data sheds lights on which competencies, among those deemed …