Law Commons^™

June 24, 2022, Bisma Shoaib

Seattle Journal for Social Justice

No abstract provided.

Forever Chemicals Are Infiltrating America, And The Nation Is Letting Impoverished And Marginalized Communities Take The Brunt Of The Contamination, Elizabeth Troutman

Seattle Journal for Social Justice

No abstract provided.

Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete

Seattle Journal for Social Justice

No abstract provided.

Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine

Seattle University Law Review Online

No abstract provided.

A Radical Assertion, Melissa D. Mortazavi

Other Faculty Publications

No abstract provided.

Global Brand Protection In Web 3.0: Blockchain Domain Names And New Legal Challenges, Vera Glonina

Cardozo International & Comparative Law Review (CICLR) Blog

The development of blockchain technologies is changing the world by introducing new systems and opportunities. In particular, blockchain technologies are a key component of so-called Web 3.0, a new generation of the Internet, which incorporates “the idea of a new, decentralized internet built on blockchains, which are distributed ledgers controlled communally by participants.”

This post was originally published on the Cardozo International & Comparative Law Review on January 11, 2024. The original post can be accessed via the Archived Link button above.

Cardozo Mourns The Loss Of Leon Wildes, Benjamin N. Cardozo School Of Law

Cardozo News 2024

It is with deep sadness that we report the death of Leon Wildes, a distinguished immigration attorney and adjunct professor who taught immigration law at Cardozo for 33 years and was a member of the Yeshiva College Board of Overseers. He was 90 years old.

The Discipline Of Breaks: Making Time For Rest (And Revisions) In Legal Writing, Patrick Barry

Other Publications

Editing your work involves the tricky business of finding the right mental distance between two versions of yourself: the version that did the drafting and the version that now needs to do the revising. Mastering that kind of cognitive division is not always an easy task.

Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.

Mass Incarceration In The State Of Louisiana And Its Impact On The Mental Health Of Incarcerated Men, Samika Treniece Miner

Walden Dissertations and Doctoral Studies

No abstract provided.

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Patrick Corum, District Court No. 214905299

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson

Jonathan Good, Attorney for Appellee Vicki Jo Nelson

Revised Aba Standard 303: Curricular, Pedagogical, And Substantive Questions, Steven W. Bender

Seattle University Law Review Online

ABA accreditation standards now require law schools to provide education and training on racism, bias, and cross-cultural competence. This seemingly straightforward mandate raises numerous questions as schools plan for and implement compliance. Here, I articulate and approach these compliance questions using insights drawn from critical theory—which supplies helpful guidance for responses and ultimately antiracism legal education that is more than minimalist. Armed with critical insights, lawyers are better equipped to contribute to the struggle to eradicate systemic social ills in law and society.

Masthead

Tulsa Law Review

No abstract provided.

Copyright Page

Tulsa Law Review

No abstract provided.

The Proper Structure Of Dormant Commerce Clause Review, R. Randall Kelso

Tulsa Law Review

No abstract provided.

Unlicensed To Work: An Analysis Of The United States' Human Rights Violation Against Asylum Seekers Due To The Unreasonable Waiting Period For Work Authorization, And How The Nation Forfeits An Economic Opportunity In The Process, Caroline A. Lay

Tulsa Law Review

No abstract provided.

Privacy’S Next Act, Erik Lampmann-Shaver

Washington Journal of Law, Technology & Arts

This Article identifies and describes three data privacy policy developments from recent legislative sessions that may seem unrelated, but which I contend together offer clues about privacy law’s future over the short-to-medium term.

The first is the proliferation, worldwide and in U.S. states, of legislative proposals and statutes referred to as “age-appropriate design codes.” Originating in the United Kingdom, age-appropriate design codes typically apply to online services “directed to children” and subject such services to transparency, default settings, and other requirements. Chief among them is an implied obligation to conduct ongoing assessments of whether a service could be deemed “directed …

Table Of Contents

Tulsa Law Review

No abstract provided.

Rumpole And The Dissatisfied Client: Lessons On Justice From Four Case Studies In Client Objectives V. Lawyer Means, Thomas N. Bulleit, Esq.

St. Mary's Journal on Legal Malpractice & Ethics

Fictional barrister-at-law Horace Rumpole is a skillful, tenacious, and even fearsome courtroom advocate for his criminal defense clients. He cares deeply about winning. But Rumpole departs from the stereotypical heroes and antiheroes of fictional courtroom drama in that he typically complies fully with the ethical constraints on advocacy and the truth-finding process. When Rumpole does occasionally stumble, it is in the other direction: by losing track of his client, and presenting often unwanted truths to elevate victory above other needs or interests that the client considers just as, or sometimes much more, important than a favorable verdict.

Using several of …

“Zealous” Professional Ethics: The Transcendence Of Natural Law, Legal Positivism, And The Ethical Stage In The U.S. Legal Ethics System And The Moral Dilemma That Surround Zealous Representation, Sudarsanan Sivakumar, Marshall Maina

St. Mary's Journal on Legal Malpractice & Ethics

The zealous pursuit of law has its own ideals and dogma that sets it apart from the other rules in the Model Rules of Professional Conduct. Decades after many enactments and amendments, there still exists many debates considering its operation as to whether an attorney owes a duty toward society over the representation of the client. This is a Delphi method that has made even the best seasoned ‘Justiciar’ and ‘Legislator’ unable to find the proper guidelines to implement upon the Legal Superstructure. The Model Rules of Professional Conduct attempt to clear the fog around the existing principle of Zealous …

The Ethical Lawyer: Beyond The Rules, Nick Badgerow

St. Mary's Journal on Legal Malpractice & Ethics

Does being a lawyer mean more than the mere pursuit of a client’s cause and resulting (hoped for) financial success and professional standing, while avoiding discipline? This article invites a consideration of what it means to be a true “professional” in the practice of law. First, the article explores the definition of the term “professional,” and proceeds to examine the obligations undertaken by lawyers (a) in their oath of admission, and (b) in codes of professional conduct. However, the author posits, should not the true professional aspire to more than the mere compliance with these minimum standards? In answer, the …

Ai-Based Evidence In Criminal Trials?, Sabine Gless, Frederic Lederer, Thomas Weigend

Tulsa Law Review

No abstract provided.

Magna Carta And The Definition Of Fundamental Rights, Joshua C. Tate

Tulsa Law Review

No abstract provided.

Garfield V. Allen: The Cat Is Out Of The Bag, K. Mckenzie Wilson Corley

Tulsa Law Review

No abstract provided.

A Phenomenological Study Of The Lived Experiences Of African American Males' Challenges In Post Incarceration, Amber L. Scott

Doctoral Dissertations and Projects

This purpose of this phenomenological study is to understand the lived experiences of African American males in the state of Delaware post-incarceration. Incarceration disproportionately affects African American males leading to numerous difficulties during their transition back into the community. The research sought to comprehend the myriad of challenges and identify potential support systems to help facilitate successful reintegration. By utilizing a qualitative research approach, the study employs in-depth interviews to collect data from African American males who have experienced life post-incarceration. The analysis of the data incorporates elements of critical race theory and labeling theory to unravel the interplay of …

Limits Of Algorithmic Fair Use, Jacob Alhadeff, Cooper Cuene, Max Del Real

Washington Journal of Law, Technology & Arts

In this article, we apply historical copyright principles to the evolving state of text-to-image generation and explore the implications of emerging technological constructs for copyright’s fair use doctrine. Artificial intelligence (“AI”) is frequently trained on copyrighted works, which usually involves extensive copying without owners’ authorization. Such copying could constitute prima facie copyright infringement, but existing guidance suggests fair use should apply to most machine learning contexts. Mark Lemley and Bryan Casey argue that training machine learning (“ML”) models on copyrighted material should generally be permitted under fair use when the model’s outputs transcends the purpose of its inputs. Their arguments …

Coded Social Control: China’S Normalization Of Biometric Surveillance In The Post Covid-19 Era, Michelle Miao

Washington Journal of Law, Technology & Arts

This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded and normalized use of tools which were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their …

Quantifying Civil Recovery In Hybrid Antitrust-Data Protection Harms, Jose Maria Marella

Washington Journal of Law, Technology & Arts

If digital platforms are found liable on hybrid antitrust-data protection violations, by how much should individual users be compensated? While traditional antitrust literature offers some estimation techniques, these methods were developed mostly around the idea that anti-competitive conduct manifests in supra-competitive prices, lost profits, or lost customers, all of which are easily quantifiable using commercially available evidence.

In digital markets, where antitrust violations are often intertwined with data protection issues, several complications arise. First, unlike transactions covered by traditional treble damage estimation techniques, “data-for-services” dealings are not evidenced by receipts. Second, personal data valuation is highly contextual and prone to …

Cyber Security: A Lawyer’S Ethical Duty, Meagan Folmar

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Artificial Intelligence And Legal Malpractice Liability, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.