Law Commons^™

Truth. Regardless Of Reconciliation?, Michael Moffitt

Nevada Law Journal

Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems—a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is often labeled “alternative,” particularly in Western legal systems, despite its long history and increasing prevalence within the past few generations. It focuses on broad inclusion, shared responsibility for the outcomes, and a forward-looking perspective on the next steps beyond or in lieu of traditional criminal sanctions (think South …

Humanitarian Intervention, Its Misuse, And A Proposed Solution Throughthe International Court Of Justice, Michael Pappas

Nevada Law Journal

Humanitarian interventions are a military tool for the purpose of stopping an ongoing genocide or crime against humanity, and they present a (shaky) legal alternative to the traditional United Nations Security Council resolution for the use of force. Although their legal authority is not formally cemented in international law, there is a growing acceptance of humanitarian interventions among both the international community and scholars for their ability to stop the worst crimes against humanity. However, that growing legitimacy is a double-edged sword because those shaky legal foundations can— and have—been misused by insincere actors, with Russia being the clearest example. …

Feedback Loops: Upward Appreciation., Patrick Barry

Articles

When was the last time you tried to make your boss feel welcome? Last week? Last month? Never?

How about the last time you tried to make one of your mentors feel welcome? Your mom? Your dad? A particularly helpful pastor, rabbi, imam, or other religious leader?

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

On Academic Lawyers In The U.S. Government: Walter’S Wisdom, Harold Hongju Koh

North Carolina Law Review

No abstract provided.

Safe Storage And Self-Defense From Heller To Bruen, Joseph Blocher

North Carolina Law Review

No abstract provided.

Presidential Authority To Decline To Follow Supreme Court Opinions, Cristina Rodríguez

North Carolina Law Review

No abstract provided.

Reflections On Race, The Constitution, And Growing Up In The Segregated South, Walter Dellinger

North Carolina Law Review

No abstract provided.

Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline system for federally appointed judges. In a previous essay published in Volume ?? of the Advocates’ Quarterly we offered a normative framework for assessment of a complaints and discipline system and identified seven key strengths of Bill C-9. In this sequel, we continue to apply this normative framework and argue that the legislation is marred by five significant weaknesses. We conclude that because the reforms …

الحماية القانونية للمساهم في شركة المساهمة العامة, سيف درويش المري

Dissertations

Legal Protections for A Shareholder in A Public Joint Stock Company

There is no doubt that legal protections for a shareholder in a public joint stock company have become one of the key pillars on which the UAE national economy rests as it examines shareholder protections by critically analyzing shareholders' voting and related rights, the right to information, expulsion right, dissolution of a company, derivative actions and direct actions.

This thesis critically assesses and attempts to provide a solution to the problem of minority shareholder protection, that is, the available methods by which minority shareholders can ensure their protection against …

Challenging The Criminalization Of Homelessness Under Fair Housing Law, Tom Stanley-Becker

Minnesota Journal of Law & Inequality

No abstract provided.

Environmental Justice As Housing Justice: Hud, Land Use, And The Case For The Fair Housing Act’S Application To Discriminatory Siting Claims, John Leiner

Minnesota Journal of Law & Inequality

No abstract provided.

20 Years Later: Qualified Immunity As A Model For Improving Manifestation Determination Reviews Under The Individuals With Disabilities Education Act, Matthew Schmitz

Minnesota Journal of Law & Inequality

No abstract provided.

The Metamorphoses Of Racial Discrimination In American Real Estate, Stevie J. Swanson

Minnesota Journal of Law & Inequality

No abstract provided.

Patent Law's Role In Protecting Public Health, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Innumerable inventions implicate public health-including drugs, vac- cines, dietary supplements, and sewage treatment plants. Over the past cen- tury, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions-whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they've disrupted the delicate balance of two competing policy objectives in patent law- enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases-by making public health an …

Principles Of Prosecutor Lenience, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Once "the Darth Vader of academic writing,"' American prosecutors are making a comeback. In recent years, "progressive prosecutors" have leveraged prosecutors' one true superpower-lenience-to "reform the criminal justice system from the inside." There is so much scholarly enthusiasm for this project that the existing commentary can be summarized as offering a one-word principle to govern considerations of prosecutorial lenience: yes. But there is surely more to say. American criminal law covers a broad array of offenses with vast differences in punitiveness across jurisdictions and courts. And even harsh critics of the system's severity tend to pivot when it comes to …

Gender Regrets: Banning Abortion And Gender-Affirming Care, Noa Ben-Asher, Margot J. Pollans

Utah Law Review

Conservative politicians, lawmakers, and media have generated a national moral panic about transgender children and youth that has resulted, as of early 2024, in restrictions or bans on GAC for minors in twenty-four states. In these bans and the advocacy around them gender-affirming care for minors is presented as harmful, ideological, unnecessary, and likely to lead to future regret. The role of regret in the movement to ban gender-affirming care parallels the role of regret in the ongoing conservative campaign to ban abortion. In the years between Roe v. Wade (1973) and Dobbs v. Jackson Women’s Health Organization (2022), politicians …

We Cannot Police Systemic Racism And Systemic Poverty: Why Policing Is Not A Solution To Our Public Health Crisis, Semir Bulle

Utah Law Review

From drug addiction to issues with homelessness, the mental health crisis, community disputes, traffic violations and more, there does not seem to be any evidence that increased police budgets and spending are the best use of limited resources. Criminalization in substitution for measured and targeted interventions has not worked in structurally vulnerable and marginalized communities and it is far past the time to accept tangible alternatives, such as funding initiatives like TCCS. Instead of perpetually increasing our police budget, let’s instead invest in healing our communities. Let’s invest this money in education, recreation, childcare, housing, health; measures that are proven …

E-Rate Program Expansion: A Pathway To Combating Cybersecurity Attacks In K-12 Schools, Madeline Strasser J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

Every day, a K-12 school in the United States falls victim to a harmful cyberattack that can cost it millions of dollars and keep its doors closed for days or weeks. Schools are desperate for funding to purchase essential cybersecurity services and products to protect their school’s networks from these cyberattacks. Such funding should be available through the Federal Communications Commission’s (FCC) E-Rate program, which was established as part of the Telecommunications Act of 1996 to provide discounts for connectivity services in K-12 schools across the country. During the COVID-19 pandemic, schools and other telecommunications industry stakeholders submitted petitions asking …

Justice Is Not A Game: The Devastating Racial Inequity Of Washington’S Three Strikes Law, Civil Rights Clinic At Seattle University School Of Law, Fred T. Korematsu Center For Law And Equality, Melissa Lee, Jessica Levin

Fred T. Korematsu Center for Law and Equality

Justice Is Not a Game: The Devastating Racial Inequity of Washington’s Three Strikes Law

Bounded Extraterritoriality, Ruth Mason, Michael S. Knoll

Michigan Law Review

Twenty-first-century politics has inspired a new mode of interstate rivalries and reprisals consisting not of the tariffs that plagued the Founding but rather of regulations with significant impacts outside the enacting state’s borders. Employing the dormant Commerce Clause doctrine of extraterritoriality, the Supreme Court has limited overbroad state regulations, but the extraterritoriality doctrine is unclear both in its normative grounding and practical application. This Article proposes a conceptual framework that situates the prohibition of extraterritoriality as an aspect of horizontal federalism. Our conceptualization of extraterritoriality enables us to distinguish it from two dormant Commerce Clause doctrines with which it is …

Language, Legitimacy, And The Law: The Social Roots Of Legal Obligation, Joshua Keton

Dissertations, Theses, and Capstone Projects

In a recent turn, both legal scholarship and judicial practice in the United States have converged on the idea that the content of the law is grounded on moral facts—especially facts about democracy. Leveraging insights from the philosophy of language, especially the underdetermination of meaning by syntax and semantics, I argue that textualism can only be reconstructed as a small part of a complete theory of legal interpretation. I then consider a more serious claim to the necessity of moral facts in metaphysically grounding the content of the law. As Mark Greenberg’s anti-positivist theory would have it, the content of …

Subjective Beliefs About Contract Enforceability, J. J. Prescott, Evan Starr

Articles

This article assesses the content, role, and adaptability of subjective beliefs about contract enforceability in the context of postemployment covenants not to compete (noncompetes). We demonstrate that employees tend to believe that even clearly unenforceable noncompetes are enforceable, including their own. We provide evidence for both supply- and demand-side stories that explain employees’ persistently inaccurate beliefs. Moreover, we show that believing that unenforceable noncompetes are enforceable likely causes employees to forgo better job opportunities and to perceive that their employer is more likely to sue them if they choose to compete. Finally, we use an information experiment to inform employees …

Standing And Probabilistic Injury, Curtis A. Bradley, Ernest A. Young

Michigan Law Review

Standing to sue often turns on questions of probability. For example, public law plaintiffs must show that they are likely to be affected by allegedly unlawful government surveillance or environmental policies, and consumers may wish to sue private defendants over false credit reporting or data breaches that may or may not cause them financial or reputational harm in the future. This Article offers a framework for resolving a wide range of these “probabilistic standing” issues. Our core claim is that courts and commentators ask too much of standing doctrine in probabilistic cases. First, scholars sometimes seek a unified theory of …

Outgoing Mda President Knudsen: ‘I Strongly Believe In The Mda!’, Eric Knudsen Dds

The Journal of the Michigan Dental Association

In his outgoing address, MDA President Knudsen expressed excitement about the association’s future and highlighted key achievements and challenges. He thanked his wife, staff, and interim executive director Bill Sullivan for their support, particularly after the sudden passing of Karen Burgess. Knudsen emphasized initiatives to improve rural dental care, restructure the finance department, and address insurance reimbursement issues. He praised the MDA’s advocacy efforts, including expanding Medicaid and legislative accomplishments. Knudsen concluded by welcoming new executive director John Tramontana and expressing confidence in MDA's continued success.

What You Should Know About Medicare (And How To Avoid Potential Medicare Traps), Rick Seely

The Journal of the Michigan Dental Association

Navigating Medicare is complex due to its numerous parts, rules, and potential penalties. For those turning 65, enrolling in Medicare can be daunting and mistakes can be costly. Working with a certified Medicare broker is recommended to ensure proper and timely enrollment. The article emphasizes understanding when to enroll, which parts of Medicare to choose based on individual circumstances, and common misconceptions. It also highlights the importance of supplemental coverage and the differences between Original Medicare and Medicare Advantage plans. MDA members have access to resources and brokers to aid in this transition.

Staff Matters: How Will The New Federal Earnings Threshold Impact Our Practice?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article addresses impending changes to overtime rules under the federal Fair Labor Standards Act (FLSA) and their implications for dental practices. The Department of Labor's recent updates on the minimum earning threshold for exempt employees necessitate adjustments in employment classifications. Starting July 1, 2024, the threshold will increase to $844 per week and subsequently rise every three years. Dental practices, including salaried employees like dental hygienists and management staff, must reassess classifications to ensure compliance. For affected employees, reclassification as non-exempt may be necessary, entailing eligibility for overtime pay. However, a hybrid approach—paying non-exempt employees a weekly salary while …

Mda Foundation: $110,000 Raised At Sparkling Smiles Event; Mini-Grant Awarded, Anne Berquist

The Journal of the Michigan Dental Association

The 2024 MDA Foundation’s Sparkling Smiles event raised a record-breaking $110,000, surpassing last year's total by $30,000. The Holland Free Dental Clinic received a $2,500 mini-grant. Keynote speaker Todd J. Duckett's address inspired generosity. The Foundation awarded $110,000 in grants this past year, including 12 scholarships totaling $31,000. The event featured a successful Wine Lotto and was supported by numerous sponsors.

Building A Unified Dental Team, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

Unity is essential for dental teams to function cohesively, especially post-COVID-19. Effective unity involves clear communication, shared goals, and trust among team members. Embracing diversity and respecting all cultures are crucial. Regular team meetings and activities, both on-site and off-site, help foster unity. Utilizing resources like DiSC® training can also enhance team cohesion.

Mda Insurance: Weave A Financial Safety Net To Protect Your Income Stream, Future, And Family, Craig Start

The Journal of the Michigan Dental Association

It's crucial to have a financial safety net, especially for small-business owners and parents, to protect against career-ending injury or illness. Key insurance policies include life insurance, disability income insurance, and business overhead expense insurance. Life insurance ensures financial support for your family, while disability insurance provides income if you cannot work. Business overhead insurance covers business expenses during your disability. Contact MDA Insurance for a consultation on these essential protections.