Law Commons^™

Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May

Washington Law Review

Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …

Journal Of Food Law & Policy - Fall 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Enhanced Privacy-Enabled Face Recognition Using Κ-Identity Optimization, Ryan Karl

Department of Electrical and Computer Engineering: Dissertations, Theses, and Student Research

Facial recognition is becoming more and more prevalent in the daily lives of the common person. Law enforcement utilizes facial recognition to find and track suspects. The newest smartphones have the ability to unlock using the user's face. Some door locks utilize facial recognition to allow correct users to enter restricted spaces. The list of applications that use facial recognition will only increase as hardware becomes more cost-effective and more computationally powerful. As this technology becomes more prevalent in our lives, it is important to understand and protect the data provided to these companies. Any data transmitted should be encrypted …

Preface, Alexandra M. Voehringer

University of Richmond Law Review

The University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth.

Table Of Contents

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Lauren E. Brice, Michelle C. F. Derrico

University of Richmond Law Review

It has been another busy year in the General Assembly and in the appellate courts of Virginia, especially with the recently expanded Court of Appeals. Areas in which the General Assembly made significant changes are now filtering to the appellate courts for interpretation. There have been a number of significant opinions in retroactivity of statutes, probation violations, and mental health.

Taxation, Craig D. Bell

University of Richmond Law Review

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions from the past year. Part I of this Article addresses taxes administered by the Virginia Department of Taxation (the “Tax Department” or “Department”). Part II covers local taxes, including real and tangible personal property machinery and tools, license taxes, and other discrete local taxes.

The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that are most likely to impact …

The Current State Of Abortion Law In Virginia Leaves Victims Of Domestic And Sexual Violence Vulnerable To Abuse: Why Virginia Should Codify The Right To Abortion In The State Constitution†, Courtenay Schwartz

University of Richmond Law Review

All people must have access to safe and legal reproductive health care—especially victims of sexual and domestic violence who can and do become pregnant because of the violence they experience. This year, the United States Supreme Court overturned Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in Dobbs v. Jackson Women’s Health Organization. In doing so, the Supreme Court held that the Constitution does not protect the right to an abortion. Though abortion access is currently protected in Virginia, this could change with each new General Assembly session. To guard against the danger that this poses to …

Taxing The New With The Old: Capturing The Value Of Data With The Corporate Income Tax In Virginia, Coleman H. Cheeley

University of Richmond Law Review

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due …

May – November 2023 Online Readership And Usage Report: Osgoode Digital Commons And Ssrn, Maggie Tadros

Librarian Publications & Presentations

No abstract provided.

Interpreting Parenting Plans As Contracts, William B. Reingold Jr.

The University of New Hampshire Law Review

When parents are divorced or separated, a parenting plan serves as a legal instrument to govern the means by which they raise their children. Most parents are able to compromise and reach an agreed-upon parenting plan without resorting to a trial or court intervention. These agreed-upon parenting plans are, in a manner of speaking, contracts that these parents must abide by. But too often parenting plans are not treated or considered in the same way we perceive ordinary contracts. They should be. This essay examines the interplay between courts reviewing agreed-upon plans, the best interest standard, and basic contract interpretation.

Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry

Sabin Center for Climate Change Law

Drawing from the jurisdictions covered in the Sabin Center's United States (U.S.) and Global Climate Litigation databases, this report offers insights into key developments, emerging themes, evolving legal strategies, and the pulse of climate litigation in 2023.

Is There Anything Left In The Fight Against Partisan Gerrymandering? Congressional Redistricting Commissions And The “Independent State Legislature Theory”, Derek A. Zeigler, Jose Urteaga

Michigan Law Review

Partisan gerrymandering is a scourge on our democracy. Instead of voters choosing their representatives, representatives choose their voters. Historically, individuals and states could pursue multiple paths to challenge partisan gerrymandering. One way was to bring claims in federal court. The Supreme Court shut this door in Rucho v. Common Cause. States can also resist partisan gerrymandering by establishing congressional redistricting commissions. However, the power of these commissions to draw congressional districts is at risk. In Moore v. Harper, a case decided in the Supreme Court’s 2022-2023 Term, the petitioners asked the Court to embrace the “Independent State Legislature …

A Revisionist History Of Products Liability, Alexandra D. Lahav

Michigan Law Review

Increasingly courts, including the Supreme Court, rely on ossified versions of the common law to decide cases. This Article demonstrates the risks of this use of the common law. The main contribution of the Article is to demonstrate that the traditional narrative about early products law—that manufacturers were not liable for injuries caused by their products because the doctrine of privity granted producers immunity from suit by the ultimate consumers of their goods—is incorrect. Instead, the doctrinal rule was negligence liability for producers of injurious goods across the United States in the nineteenth century. Courts routinely ignored or rejected privity …

Paulina Korycińska-Rządca, Protection Of Secrets Of The Party To Antitrust Proceedings Concerning Competition-Restricting Practices, C.H. Beck, Warsaw 2020, Anna Piszcz

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

No abstract provided.

The New Comity Abstention, John Harland Giammatteo

Journal Articles

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy.

This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from …

Dividing The Body Politic, James A. Gardner

Journal Articles

It has long been assumed in large, modern, democratic states that the successful practice of democratic politics requires some kind of internal division of the polity into subunits. In the United States, the appropriate methods and justifications for doing so have long been deeply and inconclusively contested. One reason for the intractability of these disputes is that American practices of political self-division are rooted in, and have been largely carried forward from, premodern practices that rested originally on overtly illiberal assumptions and justifications that are difficult or impossible to square with contemporary commitments to philosophical liberalism.

The possibility of sorting …

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article discusses Supreme Court of Virginia and, for the first time, Court of Appeals of Virginia analysis of procedural issues. The Article further discusses revisions to civil procedure provisions of the Code of Virginia and Rules of the Supreme Court of Virginia in the last year.

The Article first addresses opinions of the supreme court and court of appeals, then new legislation enacted during the 2023 General Assembly Session, and finally revisions to the Rules of the Supreme Court of Virginia.

"If You're On Time, You're Late": Law School Application Timing Among Historically Underrepresented Applicants, Sherrie K. Godette, K. L. Risman, Tiffane Cochran, Baylee Jenkins

AccessLex Institute Research

The “not so big” secret of college and graduate school admissions is that applicants who apply early are more likely to receive an offer of admission than those who apply closer to the final deadline. The same is true for law school applicants. When applicants submit applications later, their admission chances may be lower simply due to the timing of their application rather than their qualifications. Applicants who identify as underrepresented people of color (uPOC) or socioeconomically disadvantaged are less likely to apply early to law school or utilize formal early decision programs. In other words, applicants who identify as …

Open Finance: Regulatory Challenges Of The Evolution Of Data Sharing Arrangements In The Financial Sector, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

In recent years, open banking has emerged as a new form of financial intermediation, allowing third party developers to build applications and services around financial institutions. By using the financial institution's data and infrastructure through open Application Programming Interfaces (APIs), a variety of actors-including fintech companies, Bigtechs, and the traditional players in the financial system-can develop new products and services that ultimately promote innovation, competition and financial inclusion while improving consumers' experiences. The concept of open banking evolved to open finance to illustrate the possibilities of adding to the picture all types of data-driven financial products. Focusing on the opportunities …

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE DEREK P. PULLAN

Mark O. Morris, Cameron J. Cutler, Benjamin J. Mills, Attorneys for Defendants/Appellees

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Plaintiff/Appellant

S86, Llc, A Utah Limited Liability Company, Plaintiff/Appellant V. Wing Enterprises, Incorporated, A Utah Corporation; Arthur Wing, An Individual, Defendants / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE DEREK P. PULLAN

Mark O. Morris, Cameron J. Cutler, Benjamin J. Mills, Attorneys for Defendants/Appellees

Jefferson W. Gross, S. Ian Hiatt, J. Adam Sorenson, Attorneys for Plaintiff/Appellant

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

How Trade Liberalization And Labor Development Could Coincide In The Philippines, Aeneas Dr Hernandez, Brendan Emmanuel A. Miranda, Martin William P. Regulano, Andrae Jamal Tecson, Martin William P. Regulano, Ma. Ella Oplas, Tereso S. Tullao Jr, Winfred M. Villamil

Angelo King Institute for Economic and Business Studies (AKI)

As the world adapts to the rapid pace of globalization in the 21st century, countries ease trade restrictions by gradually removing tariffs and non-tariff barriers to incentivize the free flow of goods across nations. This prevalence of trade liberalization policies propelled policymakers and economists to investigate the relationship between trade reforms and economic outcomes including wage inequality around the world. They found that trade liberalization, on average, has had a positive impact on economic growth, but prior studies that examine the effects of trade liberalization on wage inequality in developing countries have found mixed results. Recently, Murakami (2021) examined the …

The Lawlessness Of Sackett V. Epa, William W. Buzbee

Case Western Reserve Law Review

No abstract provided.

The Slapp Happy State: Now Is The Time For Ohio To Pass Anti-Slapp Legislation, Brooke White

Case Western Reserve Law Review

No abstract provided.

Voices In Education Law Advocacy, Kristen E. Murray

Case Western Reserve Law Review

No abstract provided.

The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu

Duke Law & Technology Review

Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to …

States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan Caminker

Articles

Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …