Law Commons^™

Tac Meeting Statements, Hilary J. Allen

Legislative Testimony & Comments

The Technology Advisory Committee will hold a meeting on January 8, 2024. At this meeting, the TAC will continue its discussion of issues relating to digital assets and blockchain technology, cybersecurity, and emerging and evolving technologies, here.

Refugee Health In Philadelphia, Marc Altshuler, Md

Academic Commons Workshops and Presentations

No abstract provided.

Episode 7: Strange Bedfellows, Sara Gras

Season 01

In this episode I explore the various factions who, despite their different general ideologies, have united in advocating for the exclusion of trans kids from sports. My guests and I discuss why this presents such a challenge when working to educate and advocate around this issue. I also provide some additional details on one of the largest and most powerful organizations supporting exclusion.

Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law

Kurt Weaver
Executive Director, You Can Play Project

Shira Berkowitz (Organizational Bio)
Senior Director …

Maurer School Of Law Names New Assistant Dean For Diversity, Equity, And Inclusion, James Owsley Boyd

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

Dr. Gabriel Escobedo has been appointed the Law School’s inaugural assistant dean for diversity, equity, and inclusion.

Escobedo has strong ties to Indiana University, earning his Ph.D. in Anthropology of Performing Arts and Latinx Culture from the university in 2023. He was an assistant instructor in IU’s Department of Anthropology from 2013-15.

“Gabriel will be a strong leader for our DEI efforts, and we’re excited to welcome him and his family back to Bloomington,” Maurer School of Law Dean Christiana Ochoa said. “His experience and success working collaboratively with a wide range of stakeholders at Michigan Technological University stood out …

Ndls Communicator: Week Of 01.08.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Roger Alford testified on Dec. 19 before the Wisconsin Senate Committee on Government Operations in support of a bill to allow For-Sale-By-Owner listings on Zillow.
• Mary Ellen O'Connell has published an article that explains the legal and moral bases for banning AI-enabled lethal autonomous weapon systems (LAWS) in the Journal of Ethics and International Affairs.
• Derek Muller has been quoted in several major news publications and on CNN over the past few weeks about the lawsuits challenging former President Donald Trump's eligibility on state ballots.
• Rick Garnett was quoted by NBC News in an article about the …

State Of Utah, Plaintiff / Appellee, V. Neal Krasnick, Defendant / Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Gregory W. Stevens, Attorney for Defendant / Appellant Neal Krasnick

State Of Utah, Plaintiff / Appellee, V. Neal Krasnick, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Summit County, Utah, Case No. 211500102 FS the Honorable Richard Mrazik

Jonathan S. Bauer, Attorneys for Appellee State of Utah

Gregory W. Stevens, Attorney for Appellant Neal Krasnick

Constitutional Constraint: The United States Should Follow In New Zealand’S Gun Reform Footsteps, Jillian Fantuzzi

Cardozo International & Comparative Law Review (CICLR) Blog

The Second Amendment to the United States Constitution protects “the right of the people to keep and bear arms.” The United States is one of three countries worldwide that provide a constitutional right to bear arms, but the only country where this right is not accompanied by a restrictive condition. Despite the apparent gun crisis that increasingly characterizes the United States, legislators struggle to implement regulation due to the Supreme Court’s classification of the Second Amendment as a right to self-defense. However, where the initial purpose of the Second Amendment was to equip civilians as members of the militia to …

Doctrinal Development: The Doctrine Of Lesser Magistrates And American Political Theology, Daniel Christopher Samms

Liberty Theological Review

The Doctrine of the Lesser Magistrate plays a unique role in the development of political theology. While the principle is found in Scripture, the doctrine is developed across church history during catalytic moments in which civil or religious authorities are at odds with Christian convictions. While the principle made developmental strides in the early centuries of Christianity, it was codified in the Magdeburg Confession of 1550, leading to more rapid development throughout the Reformation, and eventually influencing the American War for Independence. This analyzes the development of the doctrine, identifying it as a natural maturation of biblical principles. The doctrine …

Cardozo Law News Brief: January 5, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Alexander Reinert
• Young Ran (Christine) Kim
• Myriam Gilles
• Kathryn Miller
• Jocelyn Getgen Kestenbaum
• Jessica Roth
• Matthew Wansley
• Samuel Weinstein
• Edward Zelinsky

Events:

• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Jacques Behar And Larry Wentland, Plaintiff V. Brad Johnson, Sam Clark, And Sara Vigh, Defendants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from decisions of the Utah Second District Court Honorable Joseph Bean Trial Court Number 210902938

Taylor Jones (#14690) Attorneys for Appellee

Zane S. Froerer (#10807) Attorney for Appellant

Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo

International Law Studies

This article reviews recent maritime incidents involving Houthi missile and drone attacks on commercial shipping and foreign warships off the Arabian Peninsula, purportedly in response to the Israeli military operations in Gaza following the October 7, 2023, Hamas-led attack that killed over 1,300 Israeli civilians. The article discusses the legality of the U.S. response to those incidents, including U.S. counter-piracy operations and the right of unit and collective self-defense. The article also discusses whether the United States should consider conducting land-based attacks on Houthi missile and drone sites in Yemen under the principle of self-help to preempt further attacks on …

ضمان التعرض والاستحقاق في القانون المدني الأردني: دراسة مقارنة, Iman Abduljaleel Abdulhameed Alawabbdeh

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

يتحقق الاستحقاق للمبيع في حال ادعى شخص بأنه يملك المبيع أو أن له حقاً آخر عليه، وبتمكنه من إثبات هذه الدعوى، يحصل على حكم قضائي فيها، وبذلك يكون البائع ضامناً للمبيع، أي يلتزم بتعويض المشتري عما لحق به من ضرر نتيجة استحقاق المبيع، وفي حال تعذر على تنفيذ التزامه بضمان التعرض تنفيذاً عينياً، تم التحول لتنفيذ الإلتزام بطريق التعويض. وقد توصلت الدراسة إلى أن المشرع الأردني اعتبر بيع ملك الغير عقداً موقوفاً على الإجازة ممن له الحق فيها، وذلك كون مالك المبيع الحقيقي هو الذي يخول له اجازة العقد أو قبوله. ويجب عدم إعطاء الحق للمشتري بإجازة العقد في العقد …

Video Endoscopy As Big Data: Balancing Privacy And Progress In Gastroenterology, Eugenia N. Uche-Anya, Sara Gerke, Tyler M. Berzin

Faculty Scholarly Works

Tens of millions of gastrointestinal (GI) endoscopy videos and images are generated annually in the United States (¹). A single 15-minute endoscopic procedure, recorded at 30 frames per second, generates approximately 27,000 high-definition images, representing a treasure trove of potential data. In the era of artificial intelligence (AI) and machine learning (ML), this data stream will not only fuel innovative and clinically impactful research in gastroenterology for both academic and commercial purposes, but also introduce ethical and legal concerns that merit consideration. Gastroenterologists are now faced with navigating new questions around data privacy and data ownership that have …

Finansowanie Sporów Sądowych Przez Podmiot Trzeci – Perspektywa Polska, Patrycja Okońska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Litigation finance is a form of investment provided by external commercial entities in the context of high-value litigation initiated by those who sustained damage, particularly class actions. The global demand for such funding has led to the development of a distinct litigation finance market sector, where procedural parties can gain needed funds to pursue a legal claim from an external investor, who then receives an agreed upon proportion of the recovered damages. The potential of the institution of external litigation finance, but also the increased potential for abuse it brings, has been recognised in the European Union. In Poland, outdated …

Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran

Book Chapters

This chapter focuses on how the CFA has influenced democratic processes and trade union rights in South Asia, particularly in relation to the intersection between political and labour rights and the relationship between trade union rights and civil liberties. Ms Sankaran illustrates this relationship by referring to a number of cases in the region in which emergency regulations have impacted on the daily exercise of trade union rights, with reference to the guidance provided by the CFA in this respect. She also recalls the large numbers of workers in the informal economy in the region, who are restricted in the …

Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns

Law & Economics Working Papers

Most police searches today are authorized by citizens’ consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer’s request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants …

Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino

Cardozo International & Comparative Law Review (CICLR) Blog

In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …

Teaching Law In The Age Of Generative Ai, John Bliss

Sturm College of Law: Faculty Scholarship

With the rise of large language models capable of passing law school exams and the Uniform Bar Exam, how should legal educators prepare their students for an age of transformative technological change? As text-generating AI is being integrated in legal research platforms and word processing software, which automate the drafting of legal documents based on human prompts, lawyers are increasingly adopting this technology as a standard tool of legal research and writing. This Article explores the implications of these developments for legal education, focusing on pedagogy, curriculum, and assessment.

The Article draws from four key perspectives relevant to the use …

Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger

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

No abstract provided.

Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger

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

No abstract provided.

Regal Realsource, Llc, Appellant V. Enlaw, Llc, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Washington County, Honorable Eric A. Ludlow

Troy L. Booher LaShel Shaw ZIMMERMAN BOOHER Reid W. Lambert Ellen H. Welch STRONG & HANNI, P.С. Attorneys for Appellant Regal RealSource, LLC

Jeremy C. Reutzel (10692) Ryan M. Merriman (14720) BENNETT TUELLER JOHNSON & DEERE Attorneys for Appellee Enlaw, LLC

Carlos Guerrero, Appellant V. Dolraj Thapaliya, Appellee : 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 Todd M. Shaughnessy, District Court No. 210905598

Daniel F. Bertch BERTCH ASSOCIATES 7070 South 2300 East, Suite 100 Salt Lake City, Utah 84121 Attorneys for Appellant Carlos Guerrero

Trov L.. Booher, Caroline A. Olsen, Todd A. Turnblom, Amanda R. Higgins, Attorneys for Appellee Dolraj Thapaliya

Możliwość Zaskarżenia Do Organu Regulacyjnego Opłat Za Dostęp Do Infrastruktury, Których Okres Ważności Już Upłynął, Iwona Miedzińska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article deals with the issue of the possibility for railway carriers to appeal, to the relevant regulatory body, fees charged by the railway infrastructure manager for access to its railway infrastructure whose validity period has already expired, the so-called “old fees”. This issue is the subject of a judgement of the Court of Justice of the European Union in case C-582/22 Die Länderbahn et al. The analysis presented in this article also covers institutional and legal solutions applicable in this regard in the Polish legal system.

Marcin Kraśniewski, Model Regulacji Gospodarczej Rynku Kolejowych Przewozów Pasażerskich. Problematyka Prawna, Instytut De Republica, Warszawa 2023, Ss. 680, Michał Będkowski-Kozioł

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Review of the book by Marcin Kraśniewski, Model regulacji gospodarczej rynku kolejowych przewozów pasażerskich. Problematyka prawna [The economic regulation model of the market of passenger railroad transport. Legal issues], Instytut De Republica, Warszawa 2023, pp. 680

Ogólnopolskie Seminarium Naukowe Oraz Premiera Książki Model Regulacji Gospodarczej Rynku Kolejowych Przewozów Pasażerskich. Problematyka Prawna, Katowice, 2 Lutego 2024 Roku, Marcin Kraśniewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Report from the National scientific seminar and the Model regulacji gospodarczej rynku kolejowych przewozów pasażerskich. Problematyka prawna book launch, Katowice, February 2^nd 2024

Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu

Journal of African Conflicts and Peace Studies

The structure of the Nigerian police has overtime depicted a centralized composition that negate principles of power sharing in a federal system of government. The complexities and diverse nature of policing in Nigeria remains the bane to effective and virile administration and management of the organization. The office of the Commissioner of Police vis-à-vis those of State Governors spell contradictions in power configuration from both the Constitution and the Police Act. The enactment of vigilante services and neighbourhood watches by state governments are indicative of a failing security system especially at the component units of the Nigerian federation. The hinterlands …

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Tax Enforcement At The Intersection Of Social Welfare And Vulnerable Populations, Michelle Lyon Drumbl

Scholarly Articles

This Essay engages with Professor Bernadette Atuahene’s theory of stategraft in the context of tax administration and the role that the Internal Revenue Service (IRS) plays in implementing certain social welfare benefits, including the Earned Income Tax Credit (EITC). Specifically, it considers whether the IRS’s denials of the EITC to those who might otherwise be eligible and entitled to it constitutes a wrongful taking by the state or a violation of basic human rights. While this Essay concludes that denials of the EITC generally do not fit within Atuahene’s definition of stategraft, it highlights two particularly problematic concerns with modern …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran

Scholarly Works

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …