Law Commons^™

The Purposes Of The Act, Stuart L. Pimm

Duke Environmental Law & Policy Forum

No abstract provided.

Law School News: Elisabeth D'Amelio Chosen As Class Of 2024 Graduate Student Commencement Speaker 5-14-24, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Domestic Violence & Men's Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen

Denver Sports & Entertainment Law Journal

This article examines how men's professional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the …

Vol. 20, No. 1: Table Of Contents, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 20, No. 1: Editor's Note, John Gronka

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 20, No. 1: Title Page, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair

University of Cincinnati Law Review

No abstract provided.

The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder

University of Cincinnati Law Review

No abstract provided.

A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp

University of Cincinnati Law Review

No abstract provided.

A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson

University of Cincinnati Law Review

No abstract provided.

Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles

University of Cincinnati Law Review

No abstract provided.

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley

University of Cincinnati Law Review

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …

Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk

University of Cincinnati Law Review

Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted. For instance, the U.S. Model Penal Code uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This prevailing perpetrator-centric approach, mirrored in U.S. state and federal laws and academic discourse, affects individual cases and has far-reaching societal implications.

Viewed this way, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator caused. “Culpability,” on the other hand, is …

Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans

University of Cincinnati Law Review

One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.

We find Cheng’s emphasis on consensus compelling, and …

Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake

University of Cincinnati Law Review

No abstract provided.

The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson

University of Cincinnati Law Review

This Article sheds light on a unique but centrally important “twenty-first century” issue involving electronic discovery in federal civil litigation that is just beginning to percolate in federal district courts. Historically, courts have held that a document attached to or enclosed with another document must be produced together when produced in response to a discovery request, as that is how the document was “kept in the usual course of business” and how it is “ordinarily maintained or in a reasonably usable form,” as the Federal Rules of Civil Procedure have required for decades. Today, parties are pushing back on whether …

Counterpoint To: "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" — The Privilege To Silence “Customized” Speech: The Website Kerfuffle In 303 Creative V. Elenis, Jeffrey C. Sun

University of Dayton Law Review

No abstract provided.

Medical-Legal Partnerships Reinvigorate Systems Lawyering Using An Upstream Approach, Kate L. Mitchell, Debra Chopp

Articles

The upstream framework presented in public health and medicine considers health problems from a preventive perspective, seeking to understand and address the root causes of poor health. Medical-legal partnerships (MLPs) have demonstrated the value of this upstream framework in the practice of law and engage in upstream lawyering by utilizing systemic advocacy to address root causes of injustices and health inequities. This article explores upstreaming and its use by MLPs in reframing legal practice.

Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner

Washington and Lee Law Review Online

A person’s home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental disability the equal opportunity to use and enjoy their home. Fair housing law’s reasonable accommodation requirement works to ensure those living with mental illness receive the accommodations they need in order to live safely and comfortably in their own home. …

“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox

Washington and Lee Law Review Online

This essay is directly responsive to one of the most pressing issues currently before the courts of the United States: the question of whether former Presidents enjoy immunity from criminal prosecution for acts they committed in office. Building upon the recent ruling of the United States Court of Appeals for the D.C. Circuit in United States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) this essay argues that the clear answer to that question is a resounding “no”.

Former President Trump, who has now appealed the D.C. Circuit’s ruling to the Supreme Court, contends that post-presidential criminal immunity is …

Implied Consent In Administrative Adjudication, Grace Moore

Washington and Lee Law Review Online

Article III of the Constitution mandates that judges exercising the federal judicial power receive life tenure and that their pay not be diminished. Nonetheless, certain forms of adjudication have always taken place outside of Article III—in state courts, military tribunals, territorial courts, and administrative tribunals. Administrative law judges, employed by various federal administrative agencies, decide thousands of cases each year. A vast majority of the cases they decide deal with public rights, which generally include claims involving federal statutory rights or cases in which the federal government is a party. With litigant consent, however, the Supreme Court has upheld administrative …

Esg, Sustainability Disclosure, And Institutional Investor Stewardship, Giovanni Strampelli

Washington and Lee Law Review Online

This Article sheds new light on the link between sustainability disclosure and institutional investors’ stewardship activities aimed at promoting improvements in the ESG performance of investee companies. On the one hand, sustainability disclosure is one of the information elements that may be relevant to institutional investors’ stewardship activities. On the other hand, improving the quality of sustainability reports provided by investee companies is often the ultimate goal of investor engagement initiatives. The role of climate and social disclosure is problematic from both perspectives. First, institutional investors, especially those with broadly diversified portfolios, are unable to use sustainability information directly and …

Unrestricted Versus Regulated Open Data Governance: A Bibliometric Comparison Of Sars-Cov-2 Nucleotide Sequence Databases, Nathanael Sheehan, Federico Botta, Sabina Leonelli

Copyright, Fair Use, Scholarly Communication, etc.

Two distinct modes of data governance have emerged in accessing and reusing viral data pertaining to COVID-19: an unrestricted model, espoused by data repositories part of the International Nucleotide Sequence Database Collaboration and a regulated model promoted by the Global Initiative on Sharing All Influenza data. In this paper, we focus on publications mentioning either infrastructure in the period between January 2020 and January 2023, thus capturing a period of acute response to the COVID-19 pandemic. Through a variety of bibliometric and network science methods, we compare the extent to which either data infrastructure facilitated collaboration from different countries around …

America's Next Top Ej Model: Assessing The Role Of Food Access In Environmental Justice Models, Allyson Barry

Department of Environmental Studies: Undergraduate Student Theses

Disruptions to weather patterns and ecosystems due to climate change are a global challenge. However, previous research has found that communities of color, traditionally underprivileged communities, and socioeconomically disadvantaged communities are disproportionately burdened with adverse health outcomes, higher propensities of exposure to weather disasters and pollution, and well-being inequalities. The field of environmental justice (EJ) seeks to eliminate such disparities through environmental laws, regulations, and policies. Published in 2022, the Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances and Disease Registry (ATSDR) formulated the Environmental Justice Index (EJI) as a data tool to identify communities …

Opening Brief For Plaintiff-Appellant Rocky Freeman, Madeline H. Meth, Sanketh Bhaskar, Henry Drembus, Brianna Jordan

Faculty Scholarship

For nearly two decades, while Rocky Freeman was in federal prison, the United States treated him like a contract killer who murdered two victims even though the U.S. Probation Office knew that this information was false, and the Bureau of Prisons (BOP) knew or should have known the same merely by looking at Freeman’s pre-sentence report (PSR). As a result, Freeman spent years subject to harsh conditions of confinement that he would not have experienced had probation or BOP officers acted with reasonable care. Since learning about this negligence, Freeman has sought repeatedly to remedy the various harms he suffered, …

Ndls Communicator: Week Of 05.13.24, Notre Dame Law School

NDLS Communicator

The Latest News

• University of Notre Dame Hosts Consultation with the UN Special Rapporteur on the Right to Education
• Notre Dame Law School ranked #4 in federal clerkship placement for second year
• ND Law and Graduate School to host Legal History Colloquium: Call for Papers
• Notre Dame Journal of International & Comparative Law Symposium Explores the Impact of Anti-Blasphemy Laws on Religious Expression

Faculty Briefs

• Avishalom Tor has published a peer-reviewed article, “If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics,” 31 History of Economic Ideas 67 (2023) (with Doron Teichman and Eyal Zamir).
• Derek …

Should U.S. Tax Law Be Constitutionalized?, Reuven S. Avi-Yonah

Articles

Moore is the first Supreme Court case involving a constitutional challenge to a federal income tax law since Macomber, which was decided more than a century ago. Whatever way the Court rules, other such cases are likely to be brought and some of them may reach the Court. Moore won’t be the last case of its kind.

The Case For Targeted Location Incentives, Reuven S. Avi-Yonah

Articles

Both the global intangible low-taxed income provisions of the Tax Cuts and Jobs Act and the substance-based income exclusion of pillar 2 provide incentives to shift real investment to lowtax locations. Under GILTI, a 10 percent return on tangible assets of the subsidiaries of U.S. multinationals (qualified business asset investment) is exempt from tax. Under pillar 2, the top-up tax calculation excludes 10 percent of payroll costs and 8 percent of the carrying value of tangible assets in a jurisdiction.

Representation Of People With Disabilities In Legislatures: A Proposed Model Of Approval Representation, Yohannes Takele Zewale

Dissertations - ALL

This research examines the effect of the right to legislative representation for people with disabilities in the fields of Political Science and Law through a combination of doctrinal analysis and interviews with 12 individuals with disabilities. These individuals are disability rights advocates, politicians, and leaders of disability organizations from Kenya, Uganda, Rwanda, Zimbabwe, and Egypt, which are the only jurisdictions that have constitutionally recognized descriptive representation of people with disabilities in their legislatures. The research investigates the legal issues and challenges that people with disabilities face in achieving descriptive representation in their legislatures. Additionally, the research identifies gaps and deficiencies …

Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo

University of Dayton Law Review

No abstract provided.