Law Commons^™

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman

Texas A&M Law Review

This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …

Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law

2023–2024 Flyers

No abstract provided.

Trisha Dawn Small, Petitioner/ Appellee, And Nathan Dale Small, Respondent/ Appellant : Brief Of Appellant, 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

Jeremy G. Jones, Attorney for Respondent/Appellant

Michael Christiansen, Attorney for Petitioner/Appellee

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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

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

Michael Christiansen (No. 10262) MANN, HADFIELD & THORNE Attorney for Petitioner/Appellee

Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law

2024 Event Invitations

The recent conduct of Supreme Court justices and lawyers acting on behalf of former president Trump has led many to think that something has gone profoundly wrong at the most elite levels of the American legal profession.

Anibal Torres, Et. Al. V. Scott Honan, Et. Al., Order On Motion To Dismiss And Motion For More Definite Statement, Eric A. Richardson

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

The Meaningless Sorry: The Risks Of Intersecting Apology Laws With Medical Malpractice Liability, Reid Byers

DePaul Journal of Health Care Law

No abstract provided.

The Anticipated And Actual Impact Of Apology Laws: How Much Is An Apology Worth?, Leah Carter

DePaul Journal of Health Care Law

No abstract provided.

Neuroscience And The Criminal Legal System: A Humanitarian Application Framework, Dorothy Hayes

DePaul Journal of Health Care Law

Advancements in neuroscience call our intuitive notion of free will into question—and by implication, invite a reassessment of the United States criminal legal system and its reliance on radical personal agency. In the backdrop of the evolving landscape of neuroscience and neurolaw is an inquiry: how do we appropriately and ethically incorporate advancements of these fields into law and policy? This paper pulls that question to the forefront, advocating for a humanitarian-forward framework to guide the process. The framework emphasizes the Daubert standard, addresses the “G2i” problem, and includes a balancing test to ensure the protection of neurorights. The paper …

Dissociative Identity Disorder And Mediation: Exploring Legal Capacity, Bayla Zohn

Cardozo Journal of Conflict Resolution (CJCR) Blog

Dissociative Identity Disorder (“DID”) is a mental disorder where the affected individual has two or more distinct personalities. As a protection strategy against severe, persistent abuse and trauma, DID develops in childhood and lasts the entirety of the person's life. A crucial aspect of DID is "dissociation," which is defined as a defense mechanism in which threatening ideas and feelings are separated from the rest of the psyche and conflicted impulses are kept apart. Dissociation refers to the disconnection from one’s environment, emotions, memories, and thoughts. The child's neuronal sense of self-identity is still developing at the time of this …

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LSU Journal of Energy Law and Resources

No abstract provided.

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.

The Impact Of The Inflation Reduction Act On Energy Justice And Green Energy Development In Indian Country, John Beaty

LSU Journal of Energy Law and Resources

In the past two decades, many American Indian Tribes have been experimenting with generating power from renewable sources on reservations. The growth of tribal green energy is a positive step towards energy justice, but current projects are hampered by insufficient funding, jurisdictional confusion, lack of needed infrastructure, and a baroque permitting process that leaves necessary projects languishing. The recent omnibus spending bill, the Inflation Reduction Act (IRA) was trumped by Congress as the largest investment into tribal green energy ever. This Article critically analyzes the impact of the IRA on tribal energy. While the IRA represents a necessary move towards …

Mail Matters: Posting In The “Oil Patch”, Patrick S. Ottinger

LSU Journal of Energy Law and Resources

No abstract provided.

Sparking A Revolution Or Blowing Smoke: Feasibility Of Undergrounding Transmission Lines In Response To Recent Wildfires And The Push Toward Resilient Renewable Energy, Zachary D. Berryman

LSU Journal of Energy Law and Resources

No abstract provided.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

Setting The Record Straight: An Analysis Of The Administrative Procedure Act’S “Record Rule” In Harrison County, Mississippi V. U.S. Army Corps Of Engineers, Levin B. Pinho Jr.

LSU Journal of Energy Law and Resources

No abstract provided.

The Road To Hell Is Paved With Good Intentions (And Master Settlement Agreements): Alternatives To Climate Litigation Informed By Cautionary Tales Of Tobacco And Opioid, Natalie Marionneaux

LSU Journal of Energy Law and Resources

No abstract provided.

The Good, The Bad And The Crude: An Analysis Of Trafigura V. United States And The Per-Barrel Crude Oil Export Tax, Adam Guarisco

LSU Journal of Energy Law and Resources

No abstract provided.

International Fans Crafting Fan Merchandise For U.S. Musicians: A Trademark Infringement Danger Zone, Gabriella Fernandez

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the early 2010s, the term “fandom” gained popularity among teenagers who were deeply devoted to their favorite musicians. The term “fandom” refers to communities of fans who come together through social media to express their shared admiration for a particular artist. When individuals unite to celebrate their mutual love for a musician, a genuine sense of connection and community is established. Through discussions about their shared passion for the artist, they often discover common interests and experiences that go beyond the music, fostering authentic friendships.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website …

Tik Tok And Universal Music Group’S Licensing Battle, Sara Casey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A month-long standoff between Universal Music Group (“UMG”) and TikTok persists after combative licensing negotiations have continuously failed. This stalemate led to the removal of UMG’s music from the platform on February 1, 2024, silencing thousands of videos featuring UMG’s music and, in turn, drastically reducing content creators’ music options for new clips. The effects of the broken partnership have materialized, but the extent of the fallout is unclear, as some videos using UMG recordings appeared to be unaffected, while others, such as those featuring tracks by UMG artists Taylor Swift and Drake, have been silenced, accompanied by the statement …

Cardozo Aelj Author Interview Series: Aman K. Gebru, Ivana Petani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Aman K. Gebru is an Assistant Professor at the University of Houston Law Center, where he teaches courses on contracts and intellectual property law. Professor Gebru’s research examines issues at the intersection of intellectual property law, innovation policy, and knowledge governance from domestic and global perspectives. His recent projects examine how intellectual property laws deal with collectively developed creative expression, such as memes, dance crazes, hackathons, and indigenous (traditional) expression.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 14, 2024. The original post can be accessed via the Archived Link button above.

Through My Mothers Eyes: Holocaust Survivor Micha Tomkiewicz, Cardozo Jewish Law Student Association (Jlsa)

2023–2024 Flyers

No abstract provided.

A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik

UMKC Law Review

Judith Resnik shares an overview of the Women in Legal Education Section of the AALS during the 1980s and 1990s when she became involved in coordinating various activities of the Section, and then Chair. The Article also discusses the importance of documenting and archiving the activities and history of women in legal education.

The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern

Journal of Collective Bargaining in the Academy

The Persistence of Separate and Unequal:

Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity

ABSTRACT

For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …

The Role Of Osint In Criminal Investigations: Leveraging Open-Source Data To Combat Cybercrime And Organized Criminal Activities, Azariah Vaughan

Cybersecurity Undergraduate Research Showcase

In today's modern age driven by digital innovations, the widespread adoption of technology has transformed criminal activities, leading to the emergence of cybercrime as a significant challenge for law enforcement agencies globally. Cybercrime acts have left a considerable dent on criminal activities and nowadays that we are halfway into the subsequent technological era stands as one of the most crucial issues for law enforcement agencies all around the globe. The aim of this work is to discuss the relationship between cybercrime and organized crime and the importance of OSINT within criminal investigations in supporting law enforcement itself. Particularly, due to …

Introduction: Medical-Legal Partnerships: Equity, Evolution, And Evaluation., Katherine L. Kraschel, James Bhandary-Alexander, Yael Z. Cannon, Vicki W. Girard, Abbe R. Gluck, Jennifer L. Huer, Medha D. Makhlouf

Faculty Scholarly Works

The COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding.

The Supreme Court Has Granted Review For Arbitration Stays In Employment Cases: Smith V. Spizzirri, Sarah Cole

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Supreme Court has granted review to address a circuit split on whether cases should be paused or thrown out after they are moved to arbitration. The courts are split six to four, four allowing lawsuits to be dismissed when underlying allegations must go through mandatory arbitration. The case is from the Ninth Circuit, on the allowance side of the split, Smith v. Spizzirri, with the petition granted 1/12/24. It addresses the language in a section of the Federal Arbitration Act (“FAA”). The section of the Act under review states: “If any suit or proceeding be brought in any of …