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UC Law Journal

No abstract provided.

Pricing Corporate Governance, Albert H. Choi

UC Law Journal

Scholars and practitioners have long theorized that by penalizing firms with unattractive governance features, the stock market incentivizes firms to adopt the optimal governance structure at their initial public offerings (IPOs). This theory, however, does not seem to match with practice. Not only do many IPO firms offer putatively suboptimal governance arrangements, such as staggered boards and dual-class structures, but these arrangements have been gaining popularity among IPO firms. This Article argues that the IPO market is unlikely to provide the necessary discipline to incentivize companies to adopt the optimal governance package. In particular, when the optimal governance package differs …

Comparing Reasons For Hate Crime Reporting Using Racialized Legal Status, Pamela Ho

UC Law Journal

In the past decade, Latinxs and Asians in the United States have experienced an increase in hate crime victimization. Previous research has identified correlations between hate crime reporting and race. However, few statistical studies examine the intersection of race, immigration status, and hate crime reporting. This Note explores how racialized legal status applies to Latinx and Asian communities respectively and how racialized legal status affects a hate crime victim’s decision to report the crime to police. This Note then sets forth some recommendations for increasing hate crime reporting rates by Latinx and Asian victims.

“It’S Like I’Ve Got This Music In My Mind”: Protecting Human Authorship In The Age Of Generative Artificial Intelligence, Justine Magowan

UC Law Journal

The music industry stands on the brink of a crisis. With unpredictable judicial standards that are inconsistent across the country, plaintiffs seeking to protect their musical works against copyright infringement face a heavy burden of proof, especially when facing defendants who are more wellknown and more well-funded. Not only that, but plaintiffs may not receive their day in court given that powerhouse artists like Taylor Swift, Sam Smith, and Bruno Mars have chosen to settle rather than defend their musical works in court. Now, Generative Artificial Intelligence (“Generative A.I.”) and A.I.-generated music will inevitably send the music industry into a …

The Wto Dsu 2.0: How Can We Go Back To The Future?, Aris Georgopoulos, Petros C. Mavroidis

Faculty Scholarship

In this chapter, Aris Georgopoulos and Petros Mavroidis examine the contribution of the WTO dispute settlement body to the resolution of trade disputes. This chapter documents the problems and challenges faced by the WTO’s dispute settlement body and reveals their debilitating impact on its work. This chapter then puts forward concrete proposals for the establishment of a new WTO Court and explains why such a course of action has a realistic chance of breaking the current impasse and creating an effective dispute settlement body for trade disputes.

Shadow Districts, Quinn Yeargain

Cardozo Law Review

Redistricting disputes—for congressional, state legislative, and local districts—have proven all-consuming in politics. Litigation over the legality of districts, under both federal and state law, is near constant when decennial redistricting occurs. But largely omitted from redistricting litigation and scholarship, however, are the districts drawn to elect members of statewide boards. These boards have outsized authority over some of the most salient disputes in politics today, with state boards of education setting policies for what can be taught in classrooms and how LGBT students are treated by the public education system, public utility commissions adopting policies for renewable energy production and …

Applying Militant Democracy To Defend Against Social Media Harms, Neil Netanel

Cardozo Law Review

Social media inflict multiple harms on liberal democracy. Online platforms thrive on propagating emotionally inflammatory content that maximizes user engagement. Too often that entails amplifying disinformation, hate speech, online extremism, and deep-seated partisan animosity. Tellingly, as documented in testimony before the House Select Committee to Investigate the January 6th Attack, in the weeks following the 2020 presidential election, Facebook, Twitter, YouTube, and Reddit knowingly enabled a firestorm of vitriolic far-right election denial on their platforms. In so doing, a Select Committee staff report concludes, the platforms “helped to facilitate the attack on January 6th.”

No Bullying Allowed Here: Adopting A Misuse Doctrine To Defeat Trademark Bullies, Jessica Shechtman

Cardozo Law Review

In order to maintain trademark rights, trademark owners are encouraged to enforce and police their trademarks through civil actions. Enforcing trademark rights is encouraged and incentivized by the Lanham Act because failure to do so may result in harsh consequences for trademark owners. Some of these consequences include weakening of strength or abandonment of the mark, which may result in loss of trademark rights. However, large companies go above and beyond to police and protect their trademarks. At times, this overenforcement is unethical and crosses a fine line between following the law and abusing the law, causing a number of …

Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh

BYU Law Review

The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …

The Return Of A Beloved Franchise: How Video Game Developers And Nil Licensing Brokers Can Use Mediation To Resolve Their Disputes, Nicholas Wynne

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of June 30, 2021, the NCAA no longer prohibited collegiate athletes from profiting from their name, image, and likeness (NIL). This was good news for EA Sports, a sports video game developer, considering that it announced in February of that year that it planned to bring back its college football game. Prior to this news from the NCAA, EA Sports was planning on moving forward with the game without rosters that contained the names, images, or likenesses of any collegiate players, but remained hopeful that NIL rules would change in the future. Luckily for EA Sports, the NCAA rules …

Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Exploring The Influence Of Self-Control And Assimilation On Intimate Partner Violence: A Longitudinal Analysis, Fei Luo, Kimberly D. Dodson, Heather Alaniz-Salas

Journal of Criminal Justice and Law

Prior scholarly inquiry into victimization consistently highlighted the significance of low self-control as a predisposing factor for heightened vulnerability to victimization. While existing literature has extensively examined the influence of low self-control across diverse demographic samples, a notable gap exists in the body of research concerning the effect of low self-control on intimate partner violence (IPV) victimization and the role of assimilation. This study utilizes two waves of Add Health data to examine the relationship between low self-control and IPV victimization as well as the influence of assimilation on this association. Findings from the logistic regressions reveal that low self-control …

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Rule 23B Motion
and Supporting
Memorandum
(Public)

State Of Utah V. Omar Jesus Cortez-Izarraraz, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Opening Brief
On appeal from the Third Judicial District Court, Salt Lake County,
Honorable McKelvie, District Court
No.201907555
Mr. Cortez-Izarraraz is incarcerated.

Major Contradictions At The Roberts Court, Edward L. Rubin

Vanderbilt Law School Faculty Publications

The Roberts Court may well overturn the Chevron doctrine this Term, despite the affection for stare decisis that Chief Justice Roberts himself expressed in the related case of Kisor v. Wilkie. Against that backdrop, Professors Jodi Short and Jed Shugerman offer an analysis of why the Court’s major questions doctrine, a predecessor to interring Chevron, is inconsistent with another group of the Court’s opinions, which the authors describe as the Court’s presidentialism.

Their analysis is incisive. While addressed to a Court that has a rather cavalier attitude toward doctrinal coherence, the article’s convincing empirical evidence may encourage the Justices to …

When “Close Enough” Is Not Enough: Accommodating The Religiously Devout, Dallan F. Flake

BYU Law Review

Title VII of the Civil Rights Act of 1964 requires employers to “reasonably accommodate” employees’ religious practices that conflict with work requirements unless doing so would cause undue hardship to their business operations. Can an accommodation be reasonable if it only partially removes the conflict between an employee’s job and their religious beliefs? For instance, if a Christian employee requests Sundays off because he believes working on his Sabbath is a sin, and his employer responds by giving him Sunday mornings off to attend church services but requires him to work in the afternoon, has the employer provided a reasonable …

Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin

BYU Law Review

Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …

Free Exercise Of Abortion, Elizabeth Sepper

BYU Law Review

For too long, religion has been assumed to be in opposition to abortion. Abortions consistent with, motivated by, and compelled from religion have been erased from legal and political discourse. Since the fall of Roe v. Wade, free exercise claims against abortion bans have begun to correct course. Women and faith leaders in several states have filed suit, asserting their religious convictions in favor of abortion. They give form to the reality—as progressive theologians have long argued—that to have a child can be a sacred choice, but not to have a child can also be a sacred choice. And they …

The Right To Be Proselytized Under International Law, Ryan Cheney

BYU Law Review

Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …

The Impact Of Religion And Religious Organizations, Elizabeth A. Clark

BYU Law Review

Legal scholars often see religion as a mere private preference, choice, value, or identity with no more meaning or positive social impact than any other preference, choice, value, or identity. If anything, religion’s negative impacts are often highlighted. For example, a focus on the harms of religion often underlies contemporary legal debates about religious exemptions and tensions between religious rights and LGBTQ rights or reproductive rights. Conversely, scholars in other fields have documented religion’s distinctive pro-social features, proposing mechanisms by which religion has unique positive impacts on individuals, families, and society. While recognizing that, for its practitioners, religion has its …

"No Conflict Here Counsel, Scout's Honor": The Third Circuit Sets The Standard For Reviewing Retention Of Counsel Under 11 U.S.C. § 327 In In Re Boy Scouts Of America, Dominick V. Manetta

Villanova Law Review (1956 - )

No abstract provided.

Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Defragging Feminist Cyberlaw, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

In 1996, Judge Frank Easterbrook famously observed that any effort to create a field called cyberlaw would be “doomed to be shallow and miss unifying principles.” He was wrong, but not for the reason other scholars have stated. Feminism is a unifying principle of cyberlaw, which alternately amplifies and abridges the feminist values of consent, safety, and accessibility. Cyberlaw simply hasn’t been understood that way—until now.

In computer science, “defragging” means bringing together disparate pieces of data so they are easier to access. Inspired by that process, this Article offers a new approach to cyberlaw that illustrates how feminist values …

Human Dimensions In The Jurisprudence Of The Malikis Human Dimensions Under Maliki Jurisprudence: Analytical Study Of Applied Models, Baraa A. Alyoussef

UAEU Law Journal

The research aims to take care of the human dimensions and elicit them from jurisprudential texts with their evidence and causes that were singled out by the Maliki jurists in their books according to a descriptive, inductive, analytical, and deductive approach, in order to show the greatness of Islamic legislation, its sophistication, and its consideration of people’s conditions and circumstances, which leads to their happiness and relieves them of embarrassment and hardship in line with the purposes of the Shariah. .

The study included a statement of the concept of the human dimension and its visibility in some of the …

Peculiarities Of The Moroccan Endowments Code Industry, Ridoine Tribak Bakhat Dr.

UAEU Law Journal

field of endowment (waqf), especially by focusing on the endowment code as a model for contemporary endowment legislation. The study concluded that the legislation in the field of endowment (waqf) knows a set of important peculiarities that have been invoked since the thought of the development of the code and continued with its various stations, as well as during the legislative procedure that was approached, and this stems mainly from the privacy and independence of endowment provisions, and their connection to the Islamic legislative system and its sources, that system From which the Emirate of the Faithful derives its roots …

Reconciliation In Tax Crimes: A Study Under Egyptian And Emirati Laws, Ahmed Aldalgawy

UAEU Law Journal

This study seeks, through the descriptive, analytical and comparative method, to reveal the role of reconciliation in tax crimes in achieving a balance between considerations of criminal law intervention and taking into account the special nature of the tax crime, as well as revealing the extent to which the reconciliation system can be introduced in the United Arab Emirates tax system, especially since this system is applied In many comparative legislations, including the Egyptian legislation, and to achieve these goals, the study was presented to determine the nature of criminal tax reconciliation, then the study presented the tax interests worthy …

Consumerism – Its Causes And Treatment - From The Perspective Of Badi' Al-Zaman Al-Nursi Through His Rasayil Al Nuwr, Farsat Abdullah Al-Warmili Prof.

UAEU Law Journal

This research deals with the concept of consumer wastefulness and the reasons behind it and ways to treat it in the thought of Badi' Al-Zaman Al-Nursi through his Rasayil Al nuwr. So, he spends excessively on his desires and pleasures, and his wrong interpretation of the meaning of (the caliphate in the land). Some people go beyond the limits of their agency and believe that money is theirs, so they waste and tamper with money without taking into account the solution and sanctity, and the individual loses planning and organization for his money in return for his spending.

Sheikh …

Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose

BU Law Presentations

Poster for Jasmine Gonzales Rose's 2023 University lecture.

Lendingpoint Consolidated, Inc., Et. Al. V. Bdo Usa, Llp, Et. Al., Order On Motions To Dismiss, Kelly L. Ellerbe

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

No abstract provided.

Understanding Discursive Framings Of Reparations For Slavery And Jim Crow, Carol Klier

San Diego Law Review

A meaningful reframing can be an effective tool for social change. The work of cognitive scientist and linguist, George Lakoff, explores the relationship between language use and the way we understand the world around us. Pertinent to the discussion of slave redress and reparations is the significance of discursive framing as a means of both promoting and dispelling worldviews. The manner in which we communicate particular ideas reveals much about how we conceptualize that subject. How we frame impacts the effectiveness of our messaging to others. As Lakoff indicates, “[F]acts matter enormously, but to be meaningful they must be framed …