Law Commons^™

Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin

St. Mary's Law Journal

Law students and lawyers experience mental illness and substance abuse at higher rates than the general population and other learned professions. This is bad for an individual’s wellbeing as well as their clients and society because mental illness and substance abuse increases stress which in turn decreases effective decision-making and judgment, and in worst case scenarios leads to attrition as individuals choose death by suicide which has cascading social and economic impacts. This Article identifies practices in legal education that likely combine in a causal mechanism, although not a sole cause, to the higher rates of mental illness and substance …

Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump

St. Mary's Law Journal

No abstract provided.

Sanctions For Non Disclosure, As Set Out In Article 6 Of The Wipo Basic Proposal On Intellectual Property, Genetic Resources And Traditional Knowledge, Should Include Possible Revocation Of A Patent, James Love, Claire Cassedy

Joint PIJIP/TLS Research Paper Series

The basic proposal for an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources prepared by the World Intellectual Property Organization (WIPO) Secretariat (GRATK/DC/3) sets out in its Article 3 a narrow obligation to disclose (1) the country of origin of the genetic resource, or if not known, its source, and (2) the Indigenous Peoples or local community that provided traditional knowledge associated with the genetic resource, or the source of such knowledge.

Article 6 of the basic proposal sets out the sanctions and remedies for failures to make such disclosures. Among the …

To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian

St. Mary's Law Journal

This Article presents a mixed-methods, interdisciplinary study on educational policy and practice to offer solutions to fossilized problems extant across the United States’ elementary and secondary schools. Analysis of historic Supreme Court decisions and statutes unveil compelling trends that have shaped the legal landscape over the latter half of the twentieth century. Linguistic comparisons of two milestone revisions of the 1965 Elementary and Secondary Education Act—No Child Left Behind (NCLB) and Every Student Succeeds Act (ESSA)—show Congress granted more flexibility and authority to local districts and states under ESSA, which reflected trends in Supreme Court opinions over several decades.

A …

The Poor Man's Problem In Bankruptcy, Rylee Stanley

St. Mary's Law Journal

No abstract provided.

Louisiana V. Biden: The Fallacy Of Congressionally Mandated Oil And Gas Drilling In The Outer Continental Shelf, Garrett Bergthold

University of the Pacific Law Review

No abstract provided.

The Fight For $25: Sb 525 Treats Healthcare Workers And Heals A Fractured Healthcare System, Emily Sabillon

University of the Pacific Law Review

No abstract provided.

The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos

St. Mary's Law Journal

Various commentators, as well as the 2020 report on competition in digital markets by the majority staff of the House Judiciary Committee, have advocated for the revival of the essential facilities doctrine, especially in the context of the digital economy. This Article examines the three phases in the development of the essential facilities doctrine and the right to refuse to deal—the foundations in the early twentieth century, the contraction of the right to refuse to deal and the expansion of the essential facilities doctrine in the mid-twentieth century, and the revival of the right to refuse to deal and the …

The Holocaust's Legacy: Influencing Jewish Political Identity, Jordan Eskew

Undergraduate Honors Theses

This thesis addresses the intricate relationship between the historical persecution of the Holocaust and its enduring influence on contemporary Jewish political engagement, a subject of significant contemporary relevance in political and international relations. Despite broad recognition of the Holocaust’s impact, the specific ways in which its memory affects Jewish political attitudes and actions around the world in the modern day have not been sufficiently thoroughly examined. Utilizing qualitative methods, including interviews with 20 individuals—public figures, Holocaust survivors, their descendants, and broader members of the Jewish diaspora— this study focuses on understanding the interplay between historical trauma, community cohesion, and the …

Trisha Dawn Small, Petitioner/Appellee V. Nathan Dale Small, Respondent/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First District Court, State of Utah, Honorable Spencer D. Walsh presiding

Michael Christiansen (No. 10262) MANN, HADFIELD & THORNE Attorney for Respondent/Appellant

Jeremy G. Jones (No. 14689) NELSON JONES, PLLC Attorney for Respondent/Appellant

Trisha Dawn Small, Petitioner/ Appellee, And Nathan Dale Small, Respondent/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First District Court, State of Utah, Honorable Spencer D. Walsh presiding

Michael Christiansen, Attorney for Petitioner/Appellee

Jeremy G. Jones, Attorney for Respondent/Appellant

Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention, Alyssa Boggs

St. Mary's Law Journal

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian

University of Miami Inter-American Law Review

This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.

Genocide In Gaza: Analysis Of International Law And Its Application To Israel’S Military Actions Since October 7, 2023, Susan Akram

Faculty Scholarship

The prohibition of the crime of genocide is a peremptory norm of international law from which no derogation is permitted. In light of the extraordinary implications of a finding that Israel may be committing genocide against the Palestinian people in Gaza, the University Network for Human Rights, the International Human Rights Clinic at Boston University School of Law, the International Human Rights Clinic at Cornell Law School, the Centre for Human Rights at the University of Pretoria, and the Lowenstein Human Rights Project at Yale Law School have conducted a thorough legal analysis of Israel’s acts since October 7, 2023, …

Ethical Algorithms: Navigating Ai In Legal Practice For A Just Jurisprudence, Bree'ara Murphy, Rachel Gadra Rankin, Joseph Rios

Law Review Blog Posts

Exploring the professional obligations practitioners may face in light of developing AI technology by examining state and federal model rule language, current judicial treatment of AI, and AI best practices.

Sustainable Development Goals And Persons With Disabilities In Education And Employment, Sonia Iyayi Akinyelu

The Transnational Human Rights Review

States under international law have obligations towards all, including persons with disabilities who are recognized as right holders. Moreover, states, especially in the areas of education and employment, are duty-bound to ensure quality education and productive employment for the realization of their human rights. Indeed, the Sustainable Development Goals (SDGs) impose additional obligations on states in achieving full productive employment and quality education for all, including those with disabilities. Therefore, this paper assesses the SDGs related to education and employment for persons with disabilities by considering whether the SDGs fully integrate the human rights standards as well as the disability …

Book Review: Litigating Artificial Intelligence By Jesse Beatson, Gerold Chan, And Jill R. Presser, Jake Okechukwu Effoduh

The Transnational Human Rights Review

It is no longer news that artificial intelligence (AI) is being deployed across the board in the legal industry, although the extent of AI use varies by jurisdiction.

Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer

Public Land & Resources Law Review

The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.

Sacramento Suburban Water District V. 3m Co., Loui E. Amos

Public Land & Resources Law Review

Per- and polyfluoroalkyl substances (“PFAS”), popularly known as “forever chemicals,” have seeped into drinking water supplies across the country. Almost all Americans have an accumulation of these substances in their blood, creating serious health risks. This exposure has created a vast unknown liability for the manufacture of these chemicals. But who should pay for the remediation of the water supply and the health effects of PFAS exposure? Mass toxic tort litigation has become ineffective, with jurisdictional hurdles and defendants’ creative techniques to sidestep judgments, such as corporate bankruptcy strategies. This ineffectiveness demonstrates the need for a long-term strategy comprising legislative …

Falling Through The Protection Gaps: Inappropriate Protection Of Climate Displaced Persons In The International Refugee Legal Structure, Nischala Mcdonnell

The Transnational Human Rights Review

The nexus between climate change and forced human mobility is recognised within the international climate legal framework through the vehicle of loss and damage; however, this nexus is absent in international refugee law. Cross-border climate displaced persons have not yet received official legal status nor protection as a consequence of this legal void in international refugee law. This is largely due to two interconnected and unresolved issues: first, definitional controversy in categorising climate-forced cross-border mobility; and second, the high threshold set by Article 1A(2) of the Refugee Convention inclusion requirements to receive international protection. Cross-border climate displaced person claims remain …

Taking ‘Third World’ Lives Seriously: Decolonising Global Health Governance To Promote Health Capabilities In The Global South, Uchechukwu Ngwaba

The Transnational Human Rights Review

Behind glib claims of universalism in global health, evidenced by the push for universal health coverage in the Sustainable Development Goals 2030 (SDGs), lies an uncomfortable truth about the unequal, uneven and broken system of the existing framework for global health governance. A situation made more evident by the behaviour of powerful states of the Global North at the height of the Covid-19 pandemic through the hoarding of vaccines, refusal to accommodate waivers to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime to allow cheaper versions of the Covid-19 vaccines to be manufactured for the Global South and the …

An Examination Of The Framing Of Canada’S Copyright Exclusive Rights And Exceptions From A Human Rights Perspective, Justice Ogoroh, Zachary Lomo

The Transnational Human Rights Review

This paper examines the intersection of the framing of copyright law in Canada from the perspective of human rights. The study seeks to reconcile the rights of creators with public access to content. Asserting that copyright law is not a human right but a means to uphold the inherent human rights of both creators and the public. This study explores the legal instruments that articulate a copyright framework that aims to achieve the reconciliation of the rights of creators and the public. The discussion begins with the roots of copyright in Canada, tracing back to the Statute of Anne, and …

Point: The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs, Charles J. Russo

University of Dayton Law Review

No abstract provided.

Access To Environmental Justice In Canadian Environmental Impact Assessment, Thomas Gilmour, Jocelyn Stacey

All Faculty Publications

Contemporaneous reforms to Canada and British Columbia’s environmental impact assessment legislation have the potential to advance Access to Environmental Justice. Access to Environmental Justice is the ability of individuals and communities who are disproportionately and negatively impacted by environmental decisions to access legal and regulatory processes and to have their concerns heard and addressed through environmental decision-making and dispute resolution. Access to Environmental Justice connects concepts of environmental justice, public participation, the rule of law, and access to justice to provide a framework for evaluating the implementation of environmental impact assessment laws. We conducted a preliminary analysis of early implementation …

Steven Beverlin V. Gail Beverlin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable Joseph Bean, District Court No. 214900271

Charles Ahlstrom SAGE LAW PARTNERS Attorney for Appellant Gail W. Beverlin

Julie J. Nelson (9943) JULIE J. NELSON LAW Attorney for Appellee Steven K. Beverlin

Navigating The Next 50 Years: The Endangered Species Act, Climate Change, And The Pursuit Of Abundance, Andrea A. Treece

Duke Environmental Law & Policy Forum

No abstract provided.

Between A Rock And A Hardened Place: Prioritizing Climate Resiliency For Vulnerable Biodiversity, Jaclyn Lopez

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Menhaden: Indicators Of A Hopeful Future, Sutton Lynch

Duke Environmental Law & Policy Forum

No abstract provided.