Law Commons^™

Covid-19 Tort Reform, Clayton J. Masterman

Journal Articles

In 2020 and 2021, 44 states and Washington, D.C. passed laws that limited tort liability related to COVID-19. The most common reforms immunized health care providers from malpractice or similar liability. A second category is limited liability to individuals or businesses for exposing others to the novel coronavirus. And a third category protected manufacturers of supplies used to detect and prevent COVID- 19 from products liability suits. The goals of these reforms included protecting health care providers from uncertainty in providing care for a novel disease, limiting the macroeconomic consequences of the pandemic, and encouraging the distribution of critical supplies …

Sexual Abuse: A Multi-Faceted Problem, Marcus Venable

LSU Doctoral Dissertations

On average, US citizens have experienced approximately 400,000 sexual assaults per year, which results in enormous immediate and long-term consequences for individuals, as well as society in general.

In the U.S., the principal method of combatting this crime has been the creation of Sex Offender Registries used to notify the public of the identity and location of convicted sex offenders who may be living in proximity to their residence. In addition to the Registry, laws have been passed forbidding convicted sex offenders from residing within buffer zones around areas of high child concentration [schools/parks/etc.].

The efficacy and consequences of these …

Remarks At The Eugene Kuntz Award Reception, Eric King

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Affordable Housing In Healthy Communities: Integrating Environmental Justice Into The Application Criteria For Affordable Housing Tax Credits In New Mexico, Vanessa Springer

New Mexico Law Review

In Bernalillo County, New Mexico, communities of color and people living below the poverty line are more likely to live in areas with high exposure to pollution and associated health risks. Similar trends are echoed throughout the country. These data trends and experiences form the basis for the environmental justice movement, or the movement for a clean and safe environment for all people regardless of race or class. As the science on disparate environmental impacts develops, so does the law, and regulations to control further disparate impacts in low-income communities and communities of color are being introduced and implemented in …

Pro Se What?! Orders Of Protection, Credible Threats To Physical Safety, And Restricting Access To Firearms, Amy J. Feagans

New Mexico Law Review

Orders of protection provide survivors of domestic abuse a level of security by limiting contact between the parties. In 2019, the New Mexico legislature amended the Family Violence Protection Act (FVPA) to provide additional protections through orders of protection by requiring the respondent to relinquish their firearms to law enforcement where the court finds there is a “credible threat to the physical safety” of the petitioner. In 2023, the New Mexico Supreme Court clarified the required showing for obtaining an order of protection and held that the court must find prior domestic abuse. But the “credible threat” standard required for …

Navigating Murky Waters: Strengthening Water Protections In A Post-Sackett Landscape, Brittany Herrera

New Mexico Law Review

Nearly ninety percent of New Mexico’s rivers and streams potentially have been removed from federal protection under the Clean Water Act following the United States Supreme Court’s decision in Sackett v. EPA to substantially reduce what qualify as “waters of the United States.” Before this decision, many ephemeral streams, tributaries, and wetlands were protected by the Environmental Protection Agency. Permits are essential to protect not only the environment but landowners as well. The New Mexico Environment Department is in the process of developing its own surface water discharge permitting program, as the EPA’s jurisdiction contracted commensurately with the Supreme Court’s …

Church, State, And The New Mexico Civil Rights Act: How Litigants And Courts Can Invoke The State Constitution To Protect Establishment Clause Rights, Melanie B. Stambaugh, Laura Creech

New Mexico Law Review

No abstract provided.

Qualified Immunity–Who Needs It? Exploring The Other Constitutional, Statutory, And Common Law Immunities Available Under The New Mexico Civil Rights Act, The Honorable Mark D. Standridge

New Mexico Law Review

No abstract provided.

A New Jurisprudence Of Constitutional Duty: Moving Beyond Deshaney Through The Nmcra, Levi A. Monagle, Aaron E. Whiteley

New Mexico Law Review

The United States Supreme Court’s holding in the seminal case of DeShaney v. Winnebago County Department of Social Services has long foreclosed the viability of a wide array of failure-to-protect claims under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The linchpin of DeShaney is a “constitutional duty” analysis that is implicated only in select circumstances and serves as a threshold inquiry and a gatekeeping device. With the New Mexico Supreme Court’s articulation of a foreseeability-free duty analysis in Rodriguez v. Del Sol Shopping Center in 2014, and the Legislature’s passage of the New Mexico …

All Cases Great And Small: Fufilling The Nmcra's Promise Of Attorney Fees, Isaac M. Green, Seth E. Montgomery

New Mexico Law Review

Section 5 of the New Mexico Civil Rights Act (NMCRA) permits a court to award “reasonable” attorney fees to a “prevailing plaintiff.” In this way Section 5 parallels its federal analog, 42 U.S.C. § 1988, which similarly allows a “prevailing party” to recover “reasonable” attorney fees in federal civil rights suits. But despite this language in the federal statute, a string of U.S. Supreme Court decisions have circumscribed the availability of attorney fees in suits brought under § 1983. This restriction on attorney fees has led to what Professor Joanna Schwartz calls the biggest obstacle to civil rights litigation in …

New Mexico True: Crafting A More Inclusive And Independent Method Of State Constitutional Interpretation For Claims Under The New Mexico Civil Rights Act, Arne R. Leonard

New Mexico Law Review

No abstract provided.

The New Mexico Civil Rights Act: Look Before You Leap, The Honorable Linda M. Vanzi, Rheba Rutkowski

New Mexico Law Review

No abstract provided.

Constitutional Recalibration: Lessons From New Mexico, Joanna C. Schwartz

New Mexico Law Review

No abstract provided.

The Promise And Perils Of State Civil Rights Legislation, Matthew R. Segal

New Mexico Law Review

No abstract provided.

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Introduction, Aaron Sharratt, Sophia Bunch

New Mexico Law Review

No abstract provided.

Police-Made Law, Brenner M. Fissell

Faculty Publications

This Article presents evidence that police are writing laws that they enforce. This newly discovered phenomenon compounds the existing understanding of police “making” law through the exercise of discretion. They make law in a far more direct way, functioning as quasi-legislators at the local level—identifying a social problem, drafting an offense to address it, and directly proposing their offense for enactment. The conduct targeted, and the reasons for doing so, are diverse. For example, in one city a police chief successfully criminalized public intoxication so that intoxicated people would go to jails instead of hospitals; in another, a chief pushed …

State Of Utah, Plaintiff / Appellee V. Scott Keith Warner, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Cristina Ortega, District Court No. 201901836

Michael D. Palumbo, Sean Reyes, Counsel for Appellee

Emily Adams, Rachel Phillips Ainscough, Counsel for Appellant

Safeguarding The Pandemic Agreement From Disinformation, Alexandra Finch, Kevin A. Klock, Lawrence O. Gostin, Sam F. Halabi, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Complicating the negotiation of a global pandemic treaty has been a sustained disinformation campaign worldwide to undermine the agreement by making and amplifying spurious assertions about what it intends to accomplish and how it will do so. Central to the disinformation campaign are erroneous claims about national sovereignty and forcible takings of pandemic countermeasures. Further, legitimate and unfounded unease concern weakened intellectual property (IP) and speech rights. Having followed the negotiations and provided technical assistance to the World Health Organization's (WHO's) leadership, we set the record straight in several key areas.

Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut

JCLC Online

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite …

Littlejohn’S Unjust Tax Sentence, Reuven S. Avi-Yonah

Articles

On May 1 Charles Littlejohn began serving a five-year prison sentence for unauthorized disclosure of tax information. His crime is described by the Department of Justice as follows: According to court documents, Charles Littlejohn, 38, of Washington, D.C., while working at the IRS as a government contractor, stole tax return information associated with a high-ranking government official (Public Official A). Littlejohn accessed tax returns associated with Public Official A (and related individuals and entities) on an IRS database after using broad search parameters designed to conceal the true purpose of his queries. He then uploaded the tax returns to a …

Authorizing Violence: Spatial Techniques Of Citizenship Politics In Northeast India, Samarth Vachhrajani

Masters of Environmental Design Theses

Authorizing Violence: Spatial Techniques of Citizenship Politics in Northeast India studies the spatial and legal instruments through which Hindu Nationalism and its political front, the Bhartiya Janata Party (BJP), operates in Northeast India. I document the means through which authoritarian power has been introduced into a democratic structure of governance. Emphasizing the role of architecture and spatial knowledge, I attend to how the violence of disenfranchisement and dispossession is legitimized under the force of law.

For this, Chapter 1, entitled 'Legislating Containment,' turns to the legal instrument of citizenship and studies the Goalpara detention center and multi-purpose criminal …

Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung

Chicago-Kent Journal of Intellectual Property

No abstract provided.