Law Commons^™

Molly J. Mulligan And John P. Mulligan, Appellants V. Alum Rock Riverside, Llc, Appellee. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the Third District Court Salt Lake County, State of Utah, Case No. 206927043 before the Honorable Adam T. Mow

Bradley L. Tilt, Felicia B. Canfield, Attorneys for Molly J Mulligan and John P. Mulligan

Benjamin D. Johnson, KC Hooker, Attorneys for Alum Rock Riverside LLC

Bill Of Rights Nondelegation, Eli Nachmany

BYU Law Review

Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …

Hs Cornerstone Inc., Appellee, V. Matthew Oscarson And Jennifer Oscarson, Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 210900350

Robert F. Babcock, Andrew L. Berne, Attorneys for Appellee HS Cornerstone, Inc.

Troy L. Booher, Taylor P. Webb, Attorneys for Appellants Matthew Oscarson and Jennifer Oscarson

Hidden Contracts, Shmuel I. Becher, Uri Benoliel

BYU Law Review

Transparency is a promising means for enhancing democratic values, countering corruption, and reducing power abuse. Nonetheless, the potential of transparency in the domain of consumer contracts is untapped. This Article suggests utilizing the power of transparency to increase consumer access to justice, better distribute technological gains between businesses and consumers, and deter sellers from breaching their consumer contracts while exploiting consumers’ inferior position.

In doing so, this Article focuses on what we dub “Hidden Contracts.” Part I conceptualizes the idea of hidden contracts. It first defines hidden contracts as consumer form contracts that firms unilaterally modify and subsequently remove from …

Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim

BYU Law Review

Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …

“Any”, James J. Brudney, Ethan J. Leib

BYU Law Review

Our statute books use the word “any” ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court’s statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of “any.” And any effort to offer a unified approach—knowing precisely when its scope is expansive (along the “literal-meaning” lines of “every” and “all”) or confining (having a contained domain related to properties provided by contextual cues)—is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, …

Balance In The Basin, Casey Lee Mcclellan

BYU Law Review

The National Environmental Policy Act (NEPA) changed the way land managers and users interact with public lands. However, its stringent requirements are not responsive to today’s environmental and economic realities. For the future of sustainable mineral extraction, there must be a better way. Adaptive management, a more flexible planning process, should be used on public lands to ensure greater leeway for operators, environmentalists, and local economies. By analyzing rural northeastern Utah’s Uinta Basin’s history and existing public land use plans, this Note applies adaptive management to the area to show how thinking outside the box can solve seemingly unsolvable problems.

Byte A Carrot For Change: Uprooting Problems In Data Privacy Regulations, Sarah Terry

BYU Law Review

There is a growing gap between technology advancement and a lagging regulatory system. This is particularly problematic in consumer data privacy regulating. Companies hold collected consumer data and determine its use largely without accountability. As a result, ethical questions that carry society-shaping impact are answered in-house, under the influence of groupthink, and are withheld from anyone else weighing in.

This Note poses a solution that would address multiple data privacy regulation issues. Namely, an incentive approach would help even out the information-imbalanced system. Incentives are used as tools throughout intellectual property law to foster commercial progress, discourage trade secrets, and …

Appealing Magna Carta, Thomas J. Mcsweeney

Faculty Publications

In 1999, Professor Richard Helmholz published Magna Carta and the Ius Commune, in which he argued that some of the ideas and language found in Magna Carta provide evidence that the early common law was engaging with the ius commune, the ancestor of modern civil law traditions. This Essay examines one piece of evidence highlighted by Helmholz and more recently by Professor Charles Donahue: that the Articles of the Barons, a preparatory document for Magna Carta, uses a phrase borrowed from canon law, appellatione remota (without possibility of appeal). Helmholz and Donahue pointed to its use as evidence that …

’Tis The Season: Tale Of The Three Unwise Women, Jethro K. Lieberman

Other Publications

No abstract provided.

Algorithmic Reason: Tobias Blanke Interviewed By Puspa Damai, Tobias Blanke, Puspa Damai

Critical Humanities

Algorithmic Reason: Tobias Blanke

interviewed by Puspa Damai

Journal Staff

Law and Contemporary Problems

No abstract provided.

Putin Skirts The Icc: The Invasion Of Ukraine And The Symbolic Power Of International Law, Corbin Gregg

Cardozo International & Comparative Law Review (CICLR) Blog

Much can be said about the role of international law in shaping the behavior of states and leaders. Often maligned, international organizations face criticism from those who wish to see them do more: punish human rights violations, sanction aggressive state actors, and prevent wars of aggression. While these are overall purported goals of international organizations, the way they attempt to effectuate change is sometimes unclear. Nowhere is this more true than the way the international organizations have reacted to the Russian invasion of Ukraine.

This post was originally published on the Cardozo International & Comparative Law Review on December 26, …

Sarah Chu, Director Of Policy And Reform At Pclj Joined Advocates Calling On Gov. Hochul To Sign The Challenging Wrongful Convictions Act, Sarah Chu

Cardozo News 2023

Sarah Chu, Director of Policy and Reform at Perlmutter Center for Legal Justice at Cardozo Law, joined advocates on Thursday, December 21, at Governor Kathy Hochul's NYC office, calling on the Governor to sign the Challenging Wrongful Convictions Act.

Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee

Capstone Collection

The colonization of Indigenous peoples in Canada has serious consequences on First Nations, including forced removal and displacement from their ancestral lands, environmental degradation, declining resources and capacities, and human rights violations. First Nations communities are currently facing the amplified effects of human-driven climate change. Sustainability of the environment is not just a concept, but a practiced way of life, that recognizes the interdependence of all living things. This deep respect for Aki (earth) is at the foundation of First Nations cultures and continues to guide their actions to insure better futures for Seven Generations. The community of Minegoziibe Anishinabe …

Cardozo Law News Brief: December 22, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Matthew Wansley
• Samuel Weinstein
• Alexander Reinert
• Michel Rosenfeld
• Pamela Foohey
• Rebecca Ingber
• Jacob Noti-Victor

Events:

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

A Landmark Environmental Law Looks Ahead, Robert L. Fischman

Articles by Maurer Faculty

In late December 1973, the United States enacted what some would come to call “the pitbull of environmental laws.” In the 50 years since, the formidable regulatory teeth of the Endangered Species Act (ESA) have been credited with considerable successes, obliging agencies to draw upon the best available science to protect species and habitats. Yet human pressures continue to push the planet toward extinctions on a massive scale. With that prospect looming, and with scientific understanding ever changing, Science invited experts to discuss how the ESA has evolved and what its future might hold.

The Way Forward: A Review Of Virginia’S 2023 Regular General Assembly Session, Benjamin Raab, Mariam Rasooli

Richmond Public Interest Law Review

The 2023 General Assembly Session can best be defined by the success of

bipartisanship. In an era of heightened polarization, Virginia legislators

were able to meet across the aisle on a number of relevant issues. This article

will provide a summary of key bills that were passed during the 2023 Regular

and Special Sessions. The other articles within this issue touch upon the

following topics: the Virginia Commission on School Construction and

Modernization, family law, and the opioid and addiction crises. This article

summarizes legislation passed with bipartisan support in the areas of: drugs,

mental healthcare, labor and commerce, public …

Massachusetts Community Mediation Center Grant Program (Cmc-Gp) Fiscal Year 2023 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Commonwealth of Massachusetts (MA) continued its investment in affordable, cost-effective community mediation by appropriating $2,713,465 in Fiscal Year (FY) 2023 for the Community Mediation Center Grant Program (CMC Grant Program or Program), the Program’s eleventh year. This appropriation funded the continued operations of qualified Community Mediation Centers (Centers) that deliver free or low-cost dispute resolution services to the public. The Centers serve as the backbone of mediation across the state and are the publicly funded infrastructure on which statewide dispute resolution programs are built.

The FY2023 state funding in the CMC Grant Program budget appropriation …

Building A Recovery Ecosystem For The Catawba Region, Mary Beth Dunkenberger, David Moore, Lara Nagle, Sam Rasoul

Richmond Public Interest Law Review

The opioid and addiction crisis has become a defining characteristic of

21st century America, profoundly affecting the Commonwealth of Virginia in

terms of lives lost, families devastated, communities compromised, and

economic and opportunity costs at multiple levels. This scenario originated

with a rapid increase in opioid prescriptions issued to patients by health care

providers for various pain diagnoses during the 1990s and into the early

2000s. Despite early warnings that the new opioid formulations were far

more addictive than indicated by faulty research trials and marketing claims,

treating pain as the “fifth vital sign” became a widespread practice as a …

The Success Of Establishing Legislative Commissions To Address Complex And Critical Needs: Examining The Early Recommendations And Outcomes Of The Commission On School Construction And Modernization, Matthew P. Stanley

Richmond Public Interest Law Review

The 2020 creation of the Virginia Commission on School Construction and

Modernization proved to be a pivotal moment in addressing the longstanding

issue of school construction and modernization in the state. With

$1.25 billion in new resources allocated for school divisions in 2022,

including an increased Literary Fund and a flexible formula-based grant,

legislators took decisive action to support school infrastructure. The creation

of the School Construction Fund and School Construction Assistance

Program, with ongoing funding provided through taxes on casino revenues,

marked a significant step forward in providing ongoing resources for school

projects.

Despite several successful legislative outcomes, some …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Courtney Squires

Richmond Public Interest Law Review

No abstract provided.

Woulda, Coulda, Shoulda: How Virginia’S Everchanging Politics Creates (Missed) Opportunities For Major Policy Decisions, Carlos Hopkins, Abigail Thompson

Richmond Public Interest Law Review

Benjamin Franklin may have been discussing the new United States

Constitution when he penned this note to his friend, French scientist Jean-

Baptiste Le Roy, but he could easily have been referring to politics in

Virginia. Virginia House of Delegates members and members of the

Congressional House of Representatives serve two-year terms. Members of

the Virginia Senate serve four-year terms. United States Senators serve sixyear

terms. And the Governor, Lieutenant Governor and Attorney General

all serve four-year terms with only the Governor constitutionally limited to a

single four-year term. With all of these terms being staggered across the

various offices, …

Family Time: A Selection Of Bills From The Virginia 2023 Legislative Session Relating To Family, Intimate Partner Violence, And Child Welfare, Valerie L'Herrou

Richmond Public Interest Law Review

In 2023, the Commonwealth of Virginia was forced to operate without a

finalized state budget following the adjournment of the regular session of its

legislative body. The Commonwealth waited (luckily without bated breath)

for its “caboose” budget for the 2023–2024 budget cycle for nearly six

months after the General Assembly adjourned sine die, which it did on its

normal date for a “short” (odd-numbered) year on February 25, 2023.

However, most other actions taken by the Virginia General Assembly during

its 2023 session did go into effect on July 1, 2023, as usual. These include a

number of bills that …

The Contours Of Contempt In Patent Law After Tivo, Inc. V. Echostar Corp.: An Empirical Study, Nina Elder

Minnesota Journal of Law, Science & Technology

No abstract provided.

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

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for aggravated assault, a third- degree felony, and threat or use of dangerous weapon in a fight or quarrel, a Class A misdemeanor, in the Third Judicial District, Summit County, the Honorable Richard Mrazik presiding

GREGORY W. STEVENS, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, PATRICIA CASSELL, Counsel for Appellee

Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey

Minnesota Journal of Law, Science & Technology

No abstract provided.

Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman

Minnesota Journal of Law, Science & Technology

No abstract provided.

Regulating The Revolution: A Legal Roadmap To Optimizing Ai In Healthcare, Fazal Khan

Minnesota Journal of Law, Science & Technology

No abstract provided.