Law Commons^™

Vol. 66, No. 10 (March 25, 2024)

Indiana Law Annotated

No abstract provided.

Mmu: 03/25/24–03/31/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Mediation Between States And Criminal Defendants For Post-Conviction Relief Under State Dna Statutes, Nowshin Nawal

Cardozo Journal of Conflict Resolution (CJCR) Blog

With new advances in DNA technology, it has become easier to use DNA testing to find perpetrators of crime where DNA evidence is present. Many incarcerated individuals claiming innocence seek to have the evidence tested during post-conviction in light of new technology. Forty-seven states now have DNA statutes that allow testing during the post-conviction stage. A new problem arises because state prosecutors are often reluctant to agree to DNA testing, which leaves litigation as the remaining method—which is inefficient. The process would be more efficient if a third party worked with the state and the defendant.

This post was originally …

North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

Matthew N. Evans, Attorneys for Appellee

Joseph M. Chambers, Attorneys for Appellant

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Salt Lake County, Honorable Mark Kouris

Dennis R. James, Attorney for Appellant

David Corbett, Attorney for Appellee

Financing Reforms To Meet A Pivotal Moment In Global Health, Kevin A. Klock, Alexandra Finch, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

2024 will be the most important moment for global health since the World Health Organization’s founding in 1948, but only if states give major reforms their full political and financial backing. Bold new commitments in disease surveillance, capacity building, and more equitable access to health products cannot be achieved without ample and sustainable funding. In this essay, we discuss major reforms found in the emerging pandemic agreement and reformed International Health Regulations and then explore the significant challenges and opportunities for financing them.

Ndls Communicator: Week Of 03.25.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Spring break takes ND Law students on educational journeys
• Championing religious freedom: Notre Dame Law School delegation explores Islamophobia and antisemitism in France
• Professor Carter Snead Testifies Before U.S. Senate Judiciary Committee
• MOU signings in Paris and Lucerne
• Oak Flat under threat: Professor Stephanie Barclay leads discussion on urgency of protecting Indigenous sacred site
• The DEI Podcast JUST ACTION: How to Challenge Segregation Enacted Under the Color of Law
• Concurrent Professor Emilia Justyna Powell hosted a conference and panel discussion with Professors Roger Alford, Paolo Carozza, and Diane Desierto, and European experts on her latest book, "The …

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, B. Thomas

Et Cetera

As a former police officer, the aftereffects of helmetless motorcycle crashes will forever haunt me. This Article discusses the need for helmet laws for all motorcyclists.

Inequitable By Design: The Strategic Distribution Of Costs And Benefits By Business Improvement Districts And Special Assessments, Molly Gillespie

Et Cetera

Business Improvement Districts (BIDs) are most commonly credited for their innovative strategies in rejuvenating the economic vitality in American cities. However, their implementation raises concerns about fairness and equity. The current practice of financing BIDs through special assessments, particularly applying the front footage method, disproportionately burdens certain property owners for the benefit of others. Consequently, property owners face a range of issues, including financial strain, involuntary annexation, and potential threats to property ownership. However, the existing framework of state constitutions lack the necessary provisions to adequately address these challenges, underscoring the need for significant reform.

This Note addresses these concerns …

From Shield To Sword: Straying From The Original Meaning Of The Establishment Clause, Tavia Bruxellas Mcalister

Nebraska Law Bulletin (Selected Issues)

Clause jurisprudence has strayed far from its original roots, leaving a string of nonsensical decisions, on every topic, in its wake. Kennedy v. Bremerton School District can serve as the North Star, guiding courts back to a consistent standard of history and tradition, but it alone will not be sufficient. Courts should return to the original force and funds view of the framers by making actual legal coercion the cornerstone of Establishment Clause standards. This clear-cut standard would save the courts from subjectivity and help heal the fractured precedent, leaving room for reasonable and consistent application. If the Court returned …

Cultural Property: “Progressive Property In Action”, J. Peter Byrne

Texas A&M Journal of Property Law

Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and …

Constitutional Property And Progressive Property’S Compatibility: A Reappraisal, Rachael Walsh

Texas A&M Journal of Property Law

Progressive property theory is driven by a desire to improve the law, and legal outcomes, for those on the margins of society. At the same time, it largely assumes the compatibility of constitutional property rights with its aims. However, constitutional property doctrine is often ambiguous on the core question of what distribution of collective burdens is susceptible to invalidation. Such ambiguity in turn can support political over-inflation of the strength of constitutional protection for property rights. Given the resulting chilling effect that constitutional property rights can have on measures that interfere with property rights, the Article argues that progressive property …

Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Lorna Fox O'Mahony, Marc Roark

Texas A&M Journal of Property Law

Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the …

Keynote Address, David B. Fountain

Georgia Law Review Symposia

David B. Fountain, executive vice president and general counsel, serves as the Tennessee Valley Authority’s (TVA) chief legal officer for enterprise matters. He also provides counsel to the Board of Directors and, as TVA’s Designated Agency Ethics Official, is responsible for promoting an ethical performance culture across TVA. Before assuming his current role, he was senior vice president and vice general counsel.

Fountain joined TVA in June 2020 after serving in various leadership roles for more than 20 years with Duke Energy and predecessor companies Progress Energy and Carolina Power & Light. His most recent title with Duke Energy, a …

Convening Remarks, Andrea L. Dennis

Georgia Law Review Symposia

Symposium convened by Associate Dean Andrea Dennis.

Welcoming Remarks, Braden T. Meadows, Austin Headrick

Georgia Law Review Symposia

Short welcoming remarks by Executive Symposium Editors Braden T. Meadows and Austin Headrick.

Journal Staff

Alaska Law Review

No abstract provided.

Cardozo Law News Brief: March 22, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Stewart Sterk
• Luis Calderon Gomez
• Young Ran (Christine) Kim

Campus News:

• Kwanza Jones, Class of 1999, Honored at 14th Annual BALLSA Celebration
• Cardozo’s Civil Rights Clinic Wins Fifth Circuit Appeal for Client in Police Misconduct Case
• Cardozo’s Entertainment Law Week Showcases Alumni Who Have Made it in the Industry

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory

Cardozo’S Civil Rights Clinic Wins Fifth Circuit Appeal For Client In Police Misconduct Case, Cardozo Civil Rights Clinic

Cardozo News 2024

Civil Rights Clinic students Zoe Burke ’23 and 3L Rahni Stewart recently won an appeal for their client in a police misconduct case in Kenner, LA.

Tenants’ Right To Counsel: Los Angeles Should Follow New York City’S Lead, Jacklyn Hadzicki

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

Cities around the nation are facing housing shortages as the costs of homes soar and the supply of affordable rentals continue to decline. Rental costs severely burden American households, as “almost half of renter households (21.6 million) spend more than 30 percent of their income on rent and 11.6 million households spend more than 50 percent of their income on rent.“ Additionally, 44 percent of rental households have reported “feeling pressure” to move from their homes for a range of reasons, including increased rent, inflation, power imbalances with their landlords, lack of repairs, and threats of eviction.

This post was …

Note From The Editor

Alaska Law Review

No abstract provided.

In The Dark: State V. Alaska Legislative Council And Public-School Funding In The Face Of The Dedicated Funds Clause, Joe Perry

Alaska Law Review

In the past several years, Alaska has faced many challenges in its public education system. These challenges gave rise to an intense political debate, significant new legislation, and a protracted battle over the future of funding for public education. Governor Mike Dunleavy and the state legislature publicly clashed over the implementation of H.B. 287, a 2018 state law designed to provide financial stability to ailing schools and curtail teacher layoffs. In 2022, the Supreme Court of Alaska resolved the dispute in favor of the governor and found a contentious piece of state legislation unconstitutional under the states "Dedicated Funds Clause." …

Sustainable Mining Challenges: Alaska Water Permitting And The United States Green Energy Transition, Morgan Pettit

Alaska Law Review

This Note addresses the myriad of legal and regulatory barriers new mining projects face in Alaska at present. These barriers have become increasingly important at a time when the United States has sought to bolster its domestic mineral supply chain. With over 100 newly located critical mineral deposits, Alaska may be the best place in the United States to establish further domestic sources of critical minerals. By streamlining the regulatory process at both the federal and state level, Alaska can better (1) protect domestic supply chains from global disruptions; (2) maximize the economic benefits of meeting increased global demand for …

Towards Better Local Governance In Alaska's Unorganized Borough, Jake Sherman

Alaska Law Review

Alaska's unorganized borough is the only unincorporated county-equivalent area in the entire United States, but the Alaska Constitution never envisioned that would be the case. The framers of the Alaska Constitution drafted a revolutionary article on local government that prioritized localism—participation in local government—to further democratic engagement in the state. Recognizing that much of rural Alaska lacked the population and infrastructure to support incorporated and localized self-governance in the 1950s, the framers opted not to automatically incorporate the entire state under various borough governments. Even so, the framers made clear that the state was to play an active role in …

Among The Rarest: Saving The Eastern North Pacific Right Whale, Elza Bouhassira

Alaska Law Review

The North Pacific Right Whale (NPRW) is perhaps the rarest, most endangered large whale species in the world. Only about thirty surviving individuals make up the eastern population, which lives in waters around Alaska. This note aims to highlight the crisis facing eastern NPRWs and the steps that can be taken to support the recovery of this rare whale. The paper first presents information on the history of the species and its importance. It next examines existing international and domestic U.S. legal regimes as well as a pending petition to revise NPRW critical habitat off of Alaska. Finally, it advances …

Icolc Statement On Ai In Licensing, International Coalition Of Library Consortia

Copyright, Fair Use, Scholarly Communication, etc.

The International Coalition of Library Consortia (ICOLC) statement on artifical intelligence in licensing.