Law Commons^™

Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun

Duke Law Journal

In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Records from digital evidence platforms reveal that defense attorneys sometimes fail to carry out their professional duty to review discovery.

Analyzing a novel dataset we obtained from digital evidence platforms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number of felony cases between 2018 …

Esg And Securities Litigation: A Basic Contradiction, Aneil Kovvali

Duke Law Journal

Companies are increasingly expected to publicly report on not only their traditional financial results, but also environmental, social, and governance (“ESG”) issues. Trillions of dollars are being invested with ESG considerations in mind, and boosters urge that ESG investing can address environmental and social impacts that are normally ignored by managers focused on share prices. This raises the question of how companies should be punished if they lie about ESG matters. How should the traditional elements of securities fraud map onto the novel ESG context? Commentators have vigorously debated ESG’s relationship to the materiality element of securities fraud. But the …

"We're Not Selling Ice Cream Here": Plcaa, The Predicate Exception, And Providing Relief For Plaintiffs, Emma Kilroy

Duke Law Journal

In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) put a stop to most civil litigation against the firearms industry. In the nineteen years since, victims of gun violence have attempted to bring claims against members of the firearms industry, with varying degrees of success, using an exception to PLCAA known as the predicate exception. Recently, states have begun to pass legislation creating a right of action for plaintiffs to take advantage of the predicate exception. Whether the new legislation will be successful, however, remains to be seen.

This Note examines all of the available cases considering the …

Show Me The Green: The Battle For Investor Trust In Esg Funds, Benjamin R. Lukas

Duke Law Journal

Environmental, social, and governance (“ESG”) funds enable earnest investors to align their money with their values. Some believe that ESG funds can promote a more sustainable and just economy by encouraging companies to adopt better practices and by divesting from those that do not. Others expect that funds with limited carbon exposure will outperform as climate change imposes regulatory and financial risks on carbon-intensive industries. Research suggests that younger investors overwhelmingly support the idea behind ESG investing; one-third even report a willingness to forgo 10 percent or more of their retirement savings to protect the environment.

Unfortunately, ESG products also …

Journal Staff

Duke Law Journal

No abstract provided.

Manuel Lopez, Petitioner/Appellant V. Orwell Precast; Workers,Respondents/Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

REPLY BRIEF OF APPELLANT Appeal From Labor Commission - Appeals Board

Joshua Woodbury WORKERS COMPENSATION FUND Attorney for Respondents/Appellees

Daniel F. Bertch Caleb Bertch BERTCH ASSOCIATES Attorneys for Petitioner/Appellant

Sandra Lee Carlson Appellee V. Patrick Alfred Carlson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal Of Final Orders in Divorce Decree Second District Court Weber County, State of Utah Honorable Noel S. Hyde

Trevor Casperson, Patrick Carlson (Appellant)

Sandra Lee Carlson (Appellee),

Arizona V. Navajo Nation, Sarah K. Yarlott

Public Land & Resources Law Review

Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.

Sackett V. Environmental Protection Agency, Meridian Wappett

Public Land & Resources Law Review

In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …

The Unwelcoming Bench: Understanding Hostile Architecture’S Potential Legal Issues, Jenna Rosenstein

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

On January 12, 2024, the Supreme Court agreed to hear the case of City of Grants Pass, Oregon v. Johnson to resolve the issue of whether an Oregon city’s regulation on public camping constitutes “cruel and unusual” punishment under the Eighth Amendment. The City of Grants Pass enacted three different ordinances that “prohibit sleeping on public sidewalks or streets and camping on streets, parks, or other publicly owned property.” If violated, the offender is “subject to civil citations and can be barred from entering a city park for 30 days. The challengers, three unhoused city residents, sought to block the …

2024 Hines Jurist In Residence Lecture:, Carla Wong Mcmillian

Edenfield & Hines Jurists in Residence

The Hines Jurist in Residence Lecture was delivered by Georgia Supreme Court Justice Carla Wong McMillian (J.D. 98) who discussed her path to the bench. Her talk was titled "From China to Augusta to the Supreme Court".

Law School News: Victorious Verdict 2-21-2024, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Rule 11 Sanctions For Bad Discovery Advocacies, Jeffrey A. Parness, Alexandria N. Short

New Mexico Law Review

For over eighty years, Rule 11 of the Federal Rules of Civil Procedure has authorized sanctions to combat frivolous legal arguments and factual allegations in some paper presentations. Since 1993, however, the rule has not applied to discovery. This article demonstrates how Rule 11 should be used to deter advocacy based on discovery that has “gone bad” since its initial disclosure. Disciplinary actions, malpractice claims, the discovery rules, and even the inherent sanctioning authority of the court are insufficient to deter lawyers from relying on now-bad discovery papers. Rule 11 would hold lawyers to a duty of reasonable inquiry before …

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Environmental Justice Is A Civil Rights Issue, Secretary Deb Haaland

New Mexico Law Review

No abstract provided.

Rethinking Rights In A Disappearing Penumbra: How To Expand Upon Reproductive Rights In Court After Dobbs, Joshua J. Schroeder

New Mexico Law Review

In 2022, Dobbs v. Jackson Women’s Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule Roe and Casey that might spread to other pro-rights case law was an ad hoc Janus v. AFSCME cost-benefit balancing test. Prior to Dobbs, the liberal wing of the U.S. Supreme Court believed that the Court could use cost-benefit balancing tests to safeguard certain judicially …

Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones

New Mexico Law Review

No abstract provided.

The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel

New Mexico Law Review

The unregulated collection, processing, and sale of consumer data has led to a plethora of social and legal issues. As regulators attempt to catch up with the “move fast and break things” ethos of tech innovation, “de-identified” or “anonymized” data has remained broadly unprotected. However, computer science literature shows us that “de-identified” data is a legal fiction. This Article examines the source of the de-identification fiction, analyzes the definitions in new state laws which attempt to close the loophole, tracks potential harms, and proposes a legislative solution which aims to ameliorate some of the legal fictions’ negative impacts. Part I …

The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts

New Mexico Law Review

This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores the history of the 1926 Slavery Convention; the nature of coercive labor in colonized states in the inter-war period; the drafting processes and coverage of the 1930 Forced Labour Convention; the Convention’s accompanying recommendations; and subsequent developments in the legal definition of forced labor. …

Don't Swab Me!: Limitations Of The Genetic Information Privacy Act In The Modern Genetic Testing Landscape, Ibrahim Al-Gahmi

New Mexico Law Review

In an age where consumers can easily obtain genetic tests by simply sending a saliva or cheek swab sample through the mail and learn more than ever about their DNA and its genetic makeup, it is imperative that measures are established to provide consumers with both control and protection to the privacy of their submitted biological sample and analyzed genetic data. Currently, the landscape of genetic testing, and the resulting genetic information, is regulated by one law in New Mexico. The Genetic Information Privacy Act (NM-GIPA or Act), enacted in 1998, provides general prohibitions on the collection of genetic information …

The Water Under The Bridge Is Darkening—An Analysis Of Copyright Law And The Prevalence Of Copyright Trolls, Daniel Berenger-Russell

New Mexico Law Review

In this time of modern technology and booming social media, the growth in intellectual property protection is no surprise. It logically follows that with more robust intellectual property protection there exists a greater chance of infringement. The likelihood of innocently infringing on a person’s registered copyright is at an all-time high. Due to the increased likelihood of innocent infringement, “copyright trolls” have emerged and developed unethical business tactics to prey off “innocent infringement.” Just like fairytale trolls who hide under bridges hoping to pester bystanders, copyright trolls also seek to burden peoples’ days. Not only do copyright trolls prey off …

A Primary Purpose Problem: State V. Tsosie, Lana Elledge

New Mexico Law Review

In Crawford v. Washington, the United States Supreme Court held that if statements “were made under circumstances which would lead an objective witness reasonably to believe that the statements would be available for use at a later trial,” then a defendant has the right to confront and cross examine the witness. However, the Court’s subsequent retreat from this ruling and introduction of the primary purpose test in a later decision, created a flawed federal analysis, as seen in State v. Tsosie. In Tsosie, the New Mexico Supreme Court applied the primary purpose test to determine whether statements of the declarant, …

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.

The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch

Chicago-Kent Law Review

No abstract provided.

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.

Copyright, Chicago-Kent Law Revew

Chicago-Kent Law Review

No abstract provided.

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.

The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly

Chicago-Kent Law Review

No abstract provided.

State Of Utah, Plaintiff/Respondent V. Michael Jerry Felts, Defendant/Petitioner : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

NATHALIE SKIBINE Salt Lake Legal Defenders Assoc. Counsel for Appellant

EMILY SOPP (17599) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Counsel for Appellee

Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso

Chicago-Kent Law Review

No abstract provided.