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David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN CIVIL NO. 210901418

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Karnataka Government Must Revisit Gig Workers Bill, Make It More Inclusive, Babu Mathew, Saurabh Bhattacharjee, Madhulika T

Popular Media

The Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024 has been favourably received by several commentators, but a closer inspection of the text of the Bill reveals glaring omissions, which if left unaddressed are likely to undermine the Bill’s objectives.

Law School News: Rwu Alumni Honored In Pbn's 2024 40 Under Forty Awards 7-16-2024, Triniti Brown, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Sustaining America's Non-Jurisdictional Wetlands Post-Sackett Through Conservation, Shawna Bligh

UMKC Law Review

Part I of this Article discusses the functional role of wetlands in meeting the intended purpose of the Clean Water Act (“CWA”). The intended purpose of the CWA is to "restore and maintain the chemical, physical and biological integrity of the Nation's waters." The Court's decision in Sackett undermines the intended purpose of the CWA. Wetlands play an essential role in meeting this objective. Wetlands are hydrologically connected to and an embedded part of the overall aquatic ecosystem. The Sackett decision leaves wetlands subject to further degradation.

Part II of this Article provides an overview of the CWA, how we …

Recent Developments, Bethany A. Michau

Arkansas Law Review

Recent Developments in Arkansas Law

Sowing Seeds Of Restriction: Cultivating Insight Into Foreign Agricultural Holdings And Equal Protection Concerns, Payton R. Flower

Arkansas Law Review

Twenty-four states have enacted laws to restrict foreign land ownership, with many placing an emphasis on agricultural land in some capacity. This Comment will argue that state restrictions on foreign land ownership should be vulnerable to equal protection violations when presented squarely to the Supreme Court. Additionally, it will explore the specific implications for agricultural land given its increasing value and economic importance. This analysis is illustrated by the issue presented in Shen v. Simpson, a recent constitutional challenge to Florida’s land ownership restrictions. Part II will discuss the pertinent history and legal landscape that frames the issue. Part III …

(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai

Arkansas Law Review

Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …

Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards

Arkansas Law Review

This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a conceptualization of current sociolegal responses to human trafficking cannot be delinked from racialized and sexualized forms of governmentality. In using an intersectional framework, we hope to draw upon intersectionality as a way to “point[] to the ways that structural inequality, persistent disadvantages, and structural abandonment are some of the root causes of microlevel violent interactions and at the same time influence how effective macrolevel justice policies are at responding to or …

How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise

Arkansas Law Review

Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …

Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler

Arkansas Law Review

States are increasingly considering and enacting laws that reduce protections for child laborers, and the number of minors who have been employed in violation of existing child labor laws has been steadily growing. We argue that politicians deploy the rhetoric of parental rights in today’s legislative battles over child labor protections to create political cover for reforms that benefit businesses, not children or their families. Part I demonstrates that appeals to parental rights have a long history in child labor law. Through much of the battle to regulate children’s labor, child-labor opponents insisted that regulations infringed parents’ legitimate rights over …

State Policy Levers To Fight Child Labor, Terri Gerstein

Arkansas Law Review

Oppressive child labor has made a resurgence in the United States. Media reports have revealed children as young as fourteen and fifteen working as roofers, in meatpacking facilities, in automobile manufacturing plants, and in other jobs that are hazardous and inappropriate for children. In the face of the current crisis, concerned commentators, advocates, and media have focused extensively on potential federal action and on problematic red-state rollbacks of child labor protections. Meanwhile, policy discussions often focus on the low-hanging fruit of increasing civil monetary penalties. This Article notes the importance of increasing penalties, as well as significantly increasing enforcement resources. …

Foreword, Annie B. Smith

Arkansas Law Review

There has been a recent and well-documented increase in unlawful child labor in the United States and a simultaneous organized effort to weaken state child labor protections. In reaction to these converging trends – along with disturbing media coverage of children injured and killed at work, the White House, U.S. Department of Labor, child advocates, labor rights’ organizers and others have mobilized to respond. This Symposium, Children at Work, was convened to focus our collective attention on this critical and emerging issue. Once considered well-settled, questions of when children work and the types of work they should do are again …

Fhfa Comment Letter Regarding Fhlbs Mission, David J. Reiss

Cornell Law Faculty Working Papers

The Federal Housing Finance Agency (the “FHFA”) has requested Input regarding the regulatory statement of the Federal Home Loan Bank System’s (the “System”) mission to better reflect its appropriate role in the housing finance system. I commend the FHFA for being realistic about the System in its Request for Input; it acknowledges that there is a mismatch between its mission and its current operations.

The System’s operations do not do nearly enough to support the System’s stated mission of supporting the financing of housing. The System should recommit to that goal in measurable ways or its name and/or mission should …

Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Julie Starr Bland, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Craig Hall, District Court No. 201902050

Emily Adams, Anna Grigsby, Counsel for Appellant

Christopher F. Allred, Stephen Starr, Counsel for Appellee

Preventing Inversions, Reuven S. Avi-Yonah

Articles

Inversions (transactions in which a U.S. parent corporation becomes a subsidiary of a foreign corporation, but the headquarters remain in the United States) were a major focus of tax policy before the Tax Cuts and Jobs Act.1 There have been no inversions since the TCJA, but that is more a result of the current rate structure. If the corporate tax rate is increased, inversions may come back, and the time to act to prevent that is now.

Rising Internet Shutdowns In India: A Legal Analysis, Shrutanjaya Bhardwaj, Nakul Nayak, Raja Venkata Krishna Dandamudi, Sarvjeet Singh, Veda Handa

Indian Journal of Law and Technology

The central theme of this paper is to critically study the interplay of internet shutdowns with the right to freedom of speech and expression. A study of this nature is necessitated by India’s abysmal record with inter- net shutdowns. We must hence begin examining Internet shutdowns seriously within the Indian constitutional framework. In the recent judgment of Anuradha Bhasin, the Supreme Court has accepted that Article 19(1)(a) protects the right to disseminate and receive information through the internet. Therefore, the constitutional validity of every internet shutdown would have to be tested (at least) against the three standards ordinarily applied …

Drug Clinical Trials Legislation In The European Union, Paola Sangiovanni, Flavio Monfrini, Marco Bertucci

Indian Journal of Law and Technology

The purpose of this article is to illustrate the basic tenets of European Union law on clinical trials. Such body of law has been progressively harmonized in the European Union over the years with the aim of subjecting interventional clinical trials conducted in any of the 27 European Union Member States to identical rules.

The article initially describes the reasons why clinical trials are important to measure the safety, efficacy and cost-effectiveness of innovative medical treatment. It then continues by illustrating the scope and basic principles of the current EU Regulation, as well as its main changes over the previous …

Protecting Privacy In India: The Roles Of Consent And Fairness In Data Protection, Mark J. Taylor, Jeannie Marie Paterson

Indian Journal of Law and Technology

The Indian Personal Data Protection Bill 2019 provides a unique approach to balancing the elements of individual consent and fairness-based limitations that are used in data protection regimes in other parts of the world. Drawing on the fundamental values and interests recognised in KS Puttaswamy v. Union of India (2017) and the report of the Committee of Experts, the Bill requires consent of the data subject to data processing, and puts in place standards that consent must meet to be more than a forced formality. Its novelty lies in also proposing substantive obligations of fair and reasonable data processing, and …

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

Cardozo Law News Brief: July 12, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Stewart Sterk
• Samuel Weinstein
• Jessica Roth
• Luis Calderon Gomez
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld

Campus News:

• Cardozo Cheers on NYC Pride March at Ninth Annual Pride Brunch
• Professor Gary Galperin Speaks to Washington Post and Other Outlets About the Trump Trials

Cardozo Cheers On Nyc Pride March At Ninth Annual Pride Brunch, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The lobby of Cardozo’s Ruth & H. Bert Mack Pavilion was bursting with rainbow colors on June 30 as students and alumni gathered to celebrate the school’s LGBTQIA+ community while cheering on the NYC Pride March during the ninth annual Pride Brunch.

Francisco Cedeno, Petitioner And Appellee V. Xochitl Cedeno, Respondent And Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from final contempt order of the Honorable G. Michael Westfall Of the Fifth Judicial District Court in and for Washington County, State of Utah

Francisco I. Cedeno, Pro Se, Appellee Pro Se

Kathryn Bliss Holt, Attorney for Appellant, Xochitl Cedeno

A Typical Legal Ethics Seminar— A Panel Discussion, Henry A. Fenn, J. Lance Lazonby, William A. Mcrae

Florida Law Review

No abstract provided.

The Public's Impression Of Lawyers' Ethics— A Panel Discussion, John M. Allison, J. S. C. Butz, A. D. Davis, Giles J. Patterson, Robert J. Pleus, George E. Sokolsky, E. Hamilton West, Henry S. Drinker

Florida Law Review

No abstract provided.

Problems And Suggested Solutions In Disciplinary Procedures— A Panel Discussion, Shelden D. Elliott, Albert W. Graessele Jr., William B. Roman, Hervey Yancey, Darrey A. Davis

Florida Law Review

No abstract provided.

The Determination Of Professional Fees From The Ethical Viewpoint— A Panel Discussion, John M. Allison, Henry S. Drinker, William A. Mcrae Jr., Giles J. Patterson, Donald K. Carroll

Florida Law Review

No abstract provided.

Ethical Aspects Of "Advertising" Activities By Lawyers— A Panel Discussion, John M. Allison, Henry S. Drinker, William A. Mcrae Jr., Giles J. Patterson, Donald K. Carroll

Florida Law Review

No abstract provided.