Law Commons^™

On Liberty: From Due Process To Equal Protection—Dobbs’ Impact On The Transgender Community, Emily Kaufman

University of Miami Race & Social Justice Law Review

Liberty has been a bedrock principle of American democracy from the time of our nation’s founding and is the norm that charters our nation’s existence. Liberty was the motivation driving the colonists’ rebellion against tyranny in order to establish a nation that would preserve liberty, at all costs. The preamble of the Constitution explicitly classifies every subsequent article’s purpose, to secure the blessings of liberty.

This note will touch on the concepts of personal liberty in the context of abortion in the landmark case Dobbs v. Jackson Women’s Health Org, and the implications of this case on the transgender community. …

Mmu: 12/11/23–12/17/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

Challenging Florida’S Parental Rights In Education Act, Aka The “Don’T Say Gay” Law: Finding Equality Through Equal Protection Doctrine, Nelson Garcia

University of Miami Race & Social Justice Law Review

No abstract provided.

“How Dare You Vote!” The Enactment Of Racist And Undemocratic Voting Laws To Preserve White Supremacy, Maintain The Status Quo, And Prevent The Rise Of The Black Vote – Saying The Quiet Parts Out Loud, Patricia A. Broussard, Joi Cardwell

University of Miami Race & Social Justice Law Review

Historically the United States has proudly described itself as a “melting pot,” declaring, “Give me your tired, your poor, your huddled masses yearning to breathe free.” However, if the truth is told, the United States of America has never been a melting pot. In a melting pot, the ingredients each contribute something to the pot that equalizes them into becoming a well-seasoned, indistinguishable meal. No one ingredient dominates the mixture, and each adds something that makes the pot richer. This country is more like a gumbo, a dish whose ingredients stand out, where some purportedly add more value to the …

Ndls Communicator: Week Of 12.11.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Derek Muller was interviewed and quoted in several news articles last week.
• Nicole Garnett was quoted in a Deseret News article, "Of church and state."
• Lawrence Solum of the Legal Theory Blog selected Stephanie Barclay's new article, "Replacing Smith," for the Download of the Week.
• Patrick Corrigan will be speaking on December 12 at the ACLE Seminar at the University of Amsterdam on "The Prisoner's Dilemma of Stockholders in Social Enterprises."
• Bruce Huber recently did an hour-long interview about climate change on the Good Faith podcast.
• Lisa Koop was one of the immigration lawyers interviewed in this …

State Of Utah, Plaintiff/Appellee, V. Thomas Jacob Walker, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

This is an appeal from the sentence, judgment and commitment from a bench trial filed the 7th day of April, 2023 in the Fifth Judicial District Court of Iron County, State of Utah, the Honorable Ann Marie McIff Allen presiding. The Appellant was sentenced to serve a suspended jail term, ordering that he pay a fine of TWO HUNDRED AND FIFTY THREE ($253) DOLLARS including the sur charge. He was placed on probation for EIGHTEEN (18) MONTHS, ordered to obey all laws; complete FIFTY (50) hours of community service along with additional terms. This included having no contact of any …

The Structure Of Secondary Copyright Liability, Felix T. Wu

Articles

Secondary copyright liability and secondary patent liability largely parallel each other. And yet, secondary copyright cases are often quite different from secondary patent cases. Whereas most secondary patent infringers act in a way that targets a particular patent or group of related patents, secondary copyright infringement mostly arises in the context of technologies or services that work across all copyrighted works. Secondary copyright liability raises issues of platform liability in ways that secondary patent liability usually does not.

The current structure and framing of secondary copyright liability inadequately account for this distinction. The result is that secondary copyright liability tends …

Committees In The Oregon State Legislature: Partisan, Distributive, Or Informational, Woodrow C. Moore

Dissertations and Theses

The study of legislative committees has overwhelmingly been focused on the Congressional level. This has left legislative committees at the state level largely unstudied. Committees in the Oregon State Legislature are an essential and powerful part of the policy making process and Oregon is unlike most other states in that bills cannot be amended on the floor. Using three theories regarding legislative committees -- the informational theory, distributive theory, and the partisan theory -- that were put forth by Krehbiel, Cox and McCubbins, and Weingast and Marshall, this paper will examine the Oregon State Legislature's committee system through a series …

Episode 6: For The Kids, Sara Gras

Season 01

When I started thinking about how to address the issue of trans exclusion from youth sports, I knew I needed to include the culture/industry of youth sports as part of the discussion. The pressure to compete and perform at a high level in athletics is reaching kids earlier than ever before, facilitated by parents who see success in sports as the ticket to success in life. This episode explores the relationship between the increased parental investment in kids' athletic achievements and the social acquiescence to the exclusion of trans kids from sports.

Kirsten Jones
Peak Performance Coach, Podcast Host, Author …

Criminal Justice Interventions For Individuals With Mental Health Disabilities: A Systematic Literature Review, Fidelis Azeke, Nassrine Noureddine

Pacific Journal of Health

In the criminal law, with few exceptions, for a finding of guilt, the physical act and the state of mind to commit the offense must be present at the time of the commission of the offense. People with mental disabilities often lack the state of mind required to commit the offense for which they are eventually charged for and or convicted. This paper examines the effectiveness of some past and present criminal justice system interventions that addresses the mental health disabilities of criminal offenders pre-adjudicative proceedings. A systematic review of the literature was used to examine past and present criminal …

Supreme Court Overreach Through Broad Discretionary Consideration Of Ameliorative Measures In International Child Abduction, Lauren Mayell

Global Business Law Review

This Note provides a critical analysis of the United States Supreme Court's recent decision in Golan v. Saada--a case setting precedent in the area of international child abduction by biological parents. It argues that the Supreme Court oversteps the presiding law in the field through the use of discretionary ameliorative measures. These ameliorative measures do not show evidence of protecting children from grave risk, directly usurp underlying custody proceedings, and hinder expeditious procedures, all of which are required by law in international child abduction cases. Additionally, this Note compares the European Union's approach to ameliorate analysis. Lastly this Note …

Canada’S Cultural Property Export Controls: An Analysis Of The Colonial And Heritage Discourses That Animate The Cultural Property Export And Import Act, Madeline Anne Davis

LLM Theses

This thesis critiques Canada’s Cultural Property Export and Import Act (CPEIA) and its framing as a legal instrument intended to protect and preserve Canada’s cultural heritage. It focuses on the export provisions of the Act and the related experts and administrative bodies who oversee disputes under those provisions. I argue that colonial and capitalist heritage and property discourses are the foundation that underpins the CPEIA and as a result, the legislation both expressly and implicitly privileges colonial and capitalist ideas about heritage and property ownership. The legislation, on its face and through the limited examples of available application, leaves little …

Administrative Convenience Or Deliberate Reform? The Impacts Of The Colonial Judicial Legacy Of The Pre-Colonial Justice System In South-Western Nigeria, Adewale Adekunle Adeyeye

LLM Theses

In pre-colonial times, the ethnic groups that independently existed in the territory now called Nigeria had organized systems of government. However, the sweeping force of nineteenth-century colonialism erased most of these pre-colonial governments’ institutions and replaced them with the British system. Notably, in South-Western Nigeria (Yorubaland), historical evidence revealed the existence of a constitutional monarchy with organized branches of government. Especially, the pre-colonial judicial branch/justice system of the Yoruba monarchy was radically altered by colonialism. Using the interdisciplinary methodology, this research answered questions related to the structures and procedures of the pre-colonial justice system in South-Western Nigeria and how it …

Amicus Curiae Brief Of The Navajo Nation, Paul Spruhan

Faculty Scholarship

The Navajo Nation Labor Commission ("NNLC" or "Commission") invited the Navajo Nation Department of Justice ("DOJ") to file an amicus brief in this matter. As discussed more fully below, the DOJ recommends that the NNLC hold an evidentiary hearing to gather facts necessary to conduct a full jurisdictional analysis under Montana and determine whether the Northern Apache County Special Healthcare District ("NACSHCD") has sovereign immunity. The fact gathering process is necessary given the fact-intensive analysis under both Montana and Arizona's sovereign immunity laws. As the Navajo Supreme Court has instructed, the proper threshold inquiry is whether jurisdiction exists over the …

Our Changing Reality: The Metaverse And The Importance Of Privacy Regulations In The United States, Anushkay Raza

Global Business Law Review

This Note discusses the legal and pressing digital challenges that arise in connection with the growing use of virtual reality, and more specifically, the metaverse. As this digital realm becomes more integrated into our daily lives, the United States should look towards creating a federal privacy law that protects fundamental individual privacy rights. This Note argues that congress should emulate the European Union's privacy regulations, and further, balances the potential consequences and benefits of adapting European regulations within the United Sates. Finally, this Note provides drafting considerations of future lawyers who will not only be dealing with the rise of …

Cardozo Law News Brief: December 8, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Pamela Foohey
• Samuel Weinstein
• Alexander Reinert
• Luis Calderon Gomez
• Edward Zelinsky
• Rebecca Ingber
• Jocelyn Getgen Kestenbaum
• Saurabh Vishnubhakat

Events:

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

My Body, My Data: California's Attempt To Protect Reproductive And Fertility Data, Yeniliz Peguero

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

Following the Supreme Court’s decision in Dobbs that there is no constitutional right to an abortion, many became concerned about data collected by fertility and menstrual cycle apps. Specifically, users, privacy experts, and even legislators feared that data collected by these apps “could provide a deep well of evidence for states seeking to track and potentially arrest anyone seeking or receiving an abortion. Katharine Kemp’s analysis of twelve popular fertility apps within the United States and abroad revealed the unsafe data practices of some of these apps. These apps allow users to log information including when they had sex, if …

Is The Fair Use Doctrine A Viable Argument For Generative Ai?, Olivia Bainbridge

Honors Theses

The purpose of this research paper is to examine whether or not the fair use doctrine, a pivotal piece of copyright law, is a viable argument on behalf of generative artificial intelligence companies that are currently being sued on the basis of accused infringement of copyrighted images that their programs are trained on. By examining whether or not fair use is viable, generative artificial intelligence companies will be able to better gauge the validity of their arguments as well as adjust their practices accordingly if needed. This research is necessary because this research is examining a new field of law …

State Government: A Comparison Of Bicameral, Biennial, Citizen Legislatures, Zachary J. Johnigan

Undergraduate Research Symposium Posters

Governing agencies can be classified as either federal, state, or local. The Nevada Legislature is a state level governing body that provides governance for the state of Nevada. A large part of the process of governing the state takes place during a regular legislative session, where new laws are heard then passed or denied and old laws are revised or abolished. One regular legislative session consists of 120 calendar days. In the event that not all business was able to be conducted within a regular session, the governor of the state can call for a special session to be opened. …

Heirs' Property Disputes On Forestlands, Partition Actions, And The Determinants Of Court Verdicts, Mahesh Prasad Tiwari

Theses and Dissertations

Heirs' property is generated through the intergenerational transfer of a property to several co-owners when the original owner dies without a will. Such co-owners hold undivided fractional interest in the entire land but lack a clear title. Co-owners face several legal, financial, and technical constraints to manage the forestlands and often seek partition of the land. However, the legal environment and empirical assessment of partition actions on forestlands owned as heirs' property has not been examined. This thesis evaluates statutory laws relevant to forestland partition and the factors instrumental in adjudicating partition lawsuits. The findings reveal that partition lawsuits are …

A Critical Juncture For Human Rights In Global Health: Strengthening Human Rights Through Global Health Law Reforms, Benjamin Mason Meier, Luciano Bottini Filho, Judith Bueno De Mesquita, Roojin Habibi, Sharifah Sekalala, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The 1948 Universal Declaration of Human Rights (UDHR), establishing a human rights foundation under the United Nations (UN), has become a cornerstone of global health, central to public health policies throughout the world. As the world commemorates the 75th anniversary of the UDHR on 10 December, this “Human Rights Day” celebration arrives at a critical juncture for human rights in global health, raising an imperative for World Health Organization (WHO) reforms to strengthen the right to health and health-related human rights.

Summary Of Record For The 107th Session Of The Committee On The Elimination Of Racial Discrimination, Sarah Dávila A., Alejandra Palacios

Faculty White Papers

No abstract provided.

Defendant St. Isidore Of Seville Catholic Virtual School's Reply Brief In Support Of Motion To Dismiss, Michael H. Mcginley, Steven A. Engel, M. Scott Proctor, John A. Meiser, Michael R. Perri, Socorro Adams Dooley

Court Briefs

No. CV-2023-1857
OKPLAC, Inc. v. Statewide Virtual Charter School Board

From the Introduction

Plaintiffs' opposition to the motions to dismiss distills their challenge to the State's approval of St. Isidore of Seville Catholic Virtual School ("St. Isidore") to its essence: Plaintiffs believe that the State of Oklahoma may never allow a religious organization to operate a charter school because (they contend) any faith-based school would violate the Charter Schools Act and the Oklahoma Constitution. They purport to raise other, purely technical errors in the Board's decision to partner with St. Isidore; they baselessly speculate about ways in which they predict …

Tribal Sovereignty Preempted, Michael Doran

Brooklyn Law Review

In June of 2022, the US Supreme Court held in Oklahoma v. Castro-Huerta that a state may prosecute a non-Indian for a crime committed against an Indian within Indian country. That decision effectively overruled Worcester v. Georgia, an 1832 landmark case in which Chief Justice Marshall said that state law “can have no force” in Indian country. Although the conventional wisdom about Castro-Huerta sees the case as a radical departure from first principles of federal Indian law, this article argues that Castro-Huerta is the natural—although deeply deplorable—next step in a long line of Supreme Court cases expanding state governmental authority …

Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Leonard Bierman, Rafael Gely

Brooklyn Law Review

By virtually all accounts, American society has become increasingly polarized during the past couple of decades. Indeed, the degree of political polarization on issues such as voting rights, gun control, abortion rights, and COVID vaccines has been so extreme that political scientists have worried about whether the conditions necessary for the United States to maintain a democratic society have broken down. This article examines this issue in the context of federal labor law and labor relations. It argues that American labor law is framed around an "industrial democracy narrative" that is today being sharply threatened by extant political polarization. It …

Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo

Brooklyn Law Review

Artificial intelligence (AI) is not new to generating outputs considered suitable for intellectual property (IP) protection. However, recent technological advancements have made it possible for AI to transform from a mere tool used to assist in developing IP to the mind behind novel artistic works and inventions. One particular AI, DABUS, has done just so. Yet, while technology has advanced, IP law has not. This note sets out to provide a solution to the legal concerns raised by AI in IP law, specifically in the context of AI authorship and inventorship. The DABUS test case offers a model framework for …

Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., Sarah E. Corsico

Brooklyn Law Review

A civil protection order can act as an important form of relief for an individual experiencing violence; however, it can also bring extreme complications and consequences for noncitizens. Unlike its intended purpose as a remedy separate from punitive state systems, civil protection orders can replicate the harm of the criminal legal system for noncitizens—barring someone from gaining immigration status, delaying applications, impacting international travel, and at its worst, resulting in deportation. Despite the high stakes nature of these proceeding, for the most part, there is no right to assigned counsel in civil protection order cases. As a result, many individuals …

Kneecapping Scalping: Ending The Predatory Scourge Plaguing E-Commerce Using Unfair Practice Frameworks, Zachary Michael Elvove

Brooklyn Law Review

Concert goers and sports fans are no longer the only people forced to pay absurdly marked up prices. From baby formula to video game consoles, scalping dominates the sale of goods online. Yet existing frameworks for antiscalping—specifically their relentless focus on tickets, bots, and hidden fees—fundamentally fail to address the parasitic profiteering that underpins scalping in the modern economy. We cannot understand the scope of harms posed by pernicious online resale if we focus purely on the minutiae of ticket markets and technological exploitation—the sheer number of industries affected by scalping and size of the market failure it causes demand …

First Amendment Scrutiny: Realigning First Amendment Doctrine Around Government Interests, John Inazu

Brooklyn Law Review

This article proposes a simpler way to frame judicial analysis of First Amendment claims: a government restriction on First Amendment expression or action must advance a compelling interest through narrowly tailored means and must not excessively burden the expression or action relative to the interest advanced. The test thus has three prongs: (1) compelling interest; (2) narrow tailoring; and (3) proportionality. Part I explores how current First Amendment doctrine too often minimizes or ignores a meaningful assessment of the government’s purported interest in limiting First Amendment liberties. Part II shows how First Amendment inquiry is further confused by threshold inquiries …