Law Commons^™

Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel

Articles

A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …

Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Disorganization Chart: Troubling Corporate Decision-Making On Succession, Lisa Siraganian

DePaul Law Review

No abstract provided.

The Ouster Of Kendall And The Role Of The Shareholder Oppression Doctrine, Douglas K. Moll

DePaul Law Review

No abstract provided.

Logan Roy As King Lear: How Not To Succeed, Benjamin Means

DePaul Law Review

No abstract provided.

Greg Needs A Lawyer: Is He Getting An Ethical One?, Megan Mcdermott

DePaul Law Review

No abstract provided.

Succession’S Chappaquiddick Moment, Richard H. Mcadams

DePaul Law Review

No abstract provided.

“You’Re Doing Tv Wrong!”: A Case Study Of Succession On How (And Why) To Watch Television As A Law Professor (Or Law Student), Diane Kemker

DePaul Law Review

No abstract provided.

(Con)Scripted: “Caucasian Rich Brain”, Lenese C. Herbert

DePaul Law Review

No abstract provided.

What The Roys Should Learn From The Demoulas Family (But Probably Won’T), Joan Macleod Heminway

DePaul Law Review

No abstract provided.

Frames, Fiends, Feelings And Family: Succession’S Affect And The Law School Classroom, Gillian Calder, Rebecca Johnson

DePaul Law Review

No abstract provided.

Hbo’S Succession: What Can Lawyers Learn From This Family Business Story?, Spencer B. Burke

DePaul Law Review

No abstract provided.

The Sense Of An Ending, Susan A. Bandes

DePaul Law Review

No abstract provided.

Foreword, Susan A. Bandes, Diane Kemker

DePaul Law Review

No abstract provided.

Note From The Editors, Depaul Law Review

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

The Specific Jurisdiction Of The Major And Minor Criminal Courts In Accordance With The Federal Criminal Procedure Law, Khaled Nedaila Al Nuaimi

Thesis/ Dissertation Defenses

This study deals with the rules of specific jurisdiction for the major and minor criminal courts in accordance with the Federal Code of Criminal Procedure, where specific jurisdiction is one of the most important jurisdictions stipulated by the federal legislator, by allocating specific courts to specific types of crimes, after the general rule was that the court of misdemeanors and violations was competent to try those accused of committing A misdemeanor, or a violation, the Criminal Court has jurisdiction over felonies. In light of this, the federal legislator in the United Arab Emirates has singled out a new system with …

With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University

Gonzaga School of Law With Pride Summit

Event program for the 2024 With Pride Summit held by the Center for Civil & Human Rights at Gonzaga Law.

The program includes the summit schedule and bios for panelists and moderators, including the keynote speaker, Kellye Testy. Featured speakers include:

• Luke Boso
• Stewart Chang
• Ashlyn Hannus
• Sarah Harmon
• Heather L. Johnson
• Courtney Joslin
• Sheldon Lyke
• Dallas Martinez
• Ikál Nico Quintana
• Brad Sears
• Sarah Steadman
• Kyle Velte
• Danaya C. Wright
• Mary Yu

Data As Likeness, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

Artificial intelligence (AI) and data collection practices pose an ongoing threat to consumers’ privacy. But plaintiffs have struggled to articulate privacy harms associated with data collection in a way that would give them standing to sue. This is a particularly pressing issue given the advances in generative AI and the unauthorized uses of individuals’ personal and biometric data.

This Article revisits the privacy tort of appropriation of likeness and argues that when data are conceptualized as likeness, this tort offers a unique opportunity to protect against the unauthorized collection and use of personal data. Grounding its argument in the historical …

Secrets Clutched In A Dead Hand: Rethinking Posthumous Psychotherapist-Patient Privilege In The Light Of Reason And Experience With Other Evidentiary Privileges, Jared S. Sunshine

Journal of Law and Health

Attorney-client privilege was held by the Supreme Court to extend beyond death in 1996, albeit only ratifying centuries of accepted practice in the lower courts and England before them. But with the lawyer’s client dead, the natural outcome of such a rule is that privilege—the legal enforcement of secrecy—will persist forever, for only the dead client could ever have waived and thus end it. Perpetuity is not traditionally favored by the law for good reason, and yet a long and broad line of precedent endorses its application to privilege. The recent emergence of a novel species of privilege for psychotherapy, …

California V. Texas: Avoiding An Antidemocratic Outcome, Jon Lucas

Journal of Law and Health

The Affordable Care Act (“ACA”) contains a section titled “Requirement to Maintain Essential Minimum Coverage.” Colloquially known as the Individual Mandate, this section of the Act initially established a monetary penalty for anyone who did not maintain health insurance in a given tax year. But with the passage of the Tax Cuts and Jobs Act, the monetary penalty was reset to zero, inducing opponents of the ACA to mount a legal challenge over the Individual Mandate’s constitutionality. As the third major legal challenge to the ACA, California v. Texas saw the Supreme Court punt on the merits and instead decide …

Cardozo Law News Brief: April 19, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Myriam Gilles
• Michel Rosenfeld
• Gabor Rona
• Edward Zelinsky

Will The Oecd’S Two-Pillar Solution Better The Global Economy?, Joon Young Lim

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

There has been a massive tax competition among international society for the last couple of decades. Between 1985 and 2018, the global average statutory corporate tax rate fell from 49% to 24%. Some countries competed as tax havens and presented extremely low tax rates to foreign corporations which resulted in multinational enterprises (“MNEs”) shifting “close to 40%” of profits to tax havens. This raised concerns that such a trend is a “race to the bottom” where tax havens will have minimal tax revenue due to such low tax rates whereby MNEs pay less and less tax. During the same period, …

Discrimination In Incarceration: Incarcerated People Litigate To Witness The Solar Eclipse In New York, Mitchell Kevett

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The rights of incarcerated people have been historically overlooked and ignored in the United States, and this must change. It is critical for incarcerated people to be able to access and protect their rights because they are often exploited for free labor and receive little resources with which they can maintain their rights, which is part of what led the United Nations to issue a report finding that the United States has the “worst version of a racist criminal legal system.” Lawsuits and lobbying are two major means of expanding and protecting the rights of incarcerated people. In New York, …

Zoe Sheppard ’24 And Gowri Cheepurupalli ’24 Selected As 2024 Recipients Of Mark Whitlock Scholarship, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The Whitlock Scholarship was established by the friends and family of Mark Whitlock ‘10, who passed away from brain cancer while a student at Cardozo. It is designed to recognize an outstanding, third-year J.D. student each year who, through the force of individual effort, energy, spirit, and initiative, contributes to and/or expands and strengthens student life and community at Cardozo. This is the second year that the scholarship has been awarded to two Cardozo students.

"They Just Needed To Be Given The Opportunity": Judicial Perspectives Of Drug/Dui Courts In South Dakota, Ryleigh A. Christopherson

Honors Thesis

Drug/DUI courts have existed in the state of South Dakota since 2007 when the state became the last to implement a drug/DUI court program. Currently, South Dakota has 17 problem-solving courts which include drug, DUI, mental health, and veterans courts. The drug/DUI court model works to circumvent participants out of the criminal justice system by targeting the root cause of their criminal behavior. The role of the judge in this model is essential. Previous research has found that how participants view the quality of their interactions with the presiding judge is one of the most influential factors for their success …

A Most Despicable Hoax: Women, Crime, And Newspapers In Depression-Era St. Louis, Nancy Stiles

Theses

This paper delves into the captivating saga of Nellie Muench, a St. Louis housewife whose life intersected with the burgeoning celebrity culture, evolving media landscape, and shifting gender dynamics of the early 20th century. Muench's involvement as a co-conspirator in the 1931 kidnapping for ransom of a wealthy doctor propelled her into the spotlight, where she navigated media manipulation to attempt to craft her own narrative. Secretly obtaining a baby and passing it off as her own child to gain jury sympathy and blackmail a rich paramour took interest in her case to sensational tabloid (and legal) heights. Drawing from …

Appeal No.1025: K&H Partners Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2-23-139

Privileges, Immunities, And Affirmative Action In Medical Education, Gregory Curfman

Journal of Law and Health

In Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the Supreme Court ruled that affirmative action in university admissions, in which an applicant of a particular race or ethnicity receives a plus factor, is unconstitutional. This ruling was based on both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. This article argues that a more natural fit as the basis for constitutional analysis would be a different clause in the Fourteenth Amendment, the Privileges or Immunities …