Law Commons^™

Ask Me Anything: Academic Success + 1l Tech Summer Internships, Cardozo Women In Tech Law

2023–2024 Flyers

No abstract provided.

An Idealist’S Approach For Smart Contract Correctness, Duy Tai Nguyen, Hong Long Pham, Jun Sun, Quang Loc Le

Research Collection School Of Computing and Information Systems

In this work, we experiment an idealistic approach for smart contract correctness verification and enforcement, based on the assumption that developers are either desired or required to provide a correctness specification due to the importance of smart contracts and the fact that they are immutable after deployment. We design a static verification system with a specification language which supports fully compositional verification (with the help of function specifications, contract invariants, loop invariants and call invariants). Our approach has been implemented in a tool named iContract which automatically proves the correctness of a smart contract statically or checks the unverified part …

David Freestone, An Individual; And Janet Freestone, An Individual, Plaintiffs, V. Linda Povey, An Individual; Midcentury Insurance Company, Farmers Insurance Group Of Companies; And John Does 1-10, Defendants: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WIDCH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS, BEFORE THE HONORABLEJENNIFERVALENCIA CIVIL NO. 210901418

Stuart H. Schultz, Chet W. Nielson, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorney for Appellants/Plaintiffs.

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

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Spencer D. Walsh, District Court No. 191100762

Sean Reyes, Marian Decker, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Counsel for Appellant

Freestone, Plaintiffs V. Linda Povey; Mid­ Century Insurance Company : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS, BEFORE THE HONORABLE JENNIFER VALENCIA CIVIL NO. 210901418

Stwirl H. Schultz. Chet W. Nielson STRONG & HANNI Attorneys for Appellees/Defendants

Brett D. Cragun CRAGUN & CRAGUN Mailing: PO Box 160234 Attorney for Appellants/Plaintiffs

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

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Washington County, Honorable Eric A. Ludlow, District Court No. 220500134

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

Troy L. Booher (9419) LaShel Shaw (13862) ZIMMERMAN BOOHER Reid W. Lambert (5744) Ellen H. Welch (18126) STRONG & HANNI, Р.С. Attorneys for Appellant Regal RealSource, LLC

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

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Washington County, Honorable Eric A. Ludlow, District Court No. 220500134

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

Troy L. Booher (9419) LaShel Shaw (13862) ZIMMERMAN BOOHER Reid W. Lambert (5744) Ellen H. Welch (18126) STRONG & HANNI, Р.С. Attorneys for Appellant Regal RealSource, LLC

State Of Utah Appellee/ Plaintiff V. Ryan Scott Hatch Appellant/Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a conviction of wanton destruction of protected wildlife, a third degree felony, in the Sixth Judicial District Court, Case No. 211600066, the Honorable Mandy Larsen presiding

Heber M. Wells Building, Attorneys for the State of Utah

Scott F. Garrett, Jessica Griffin Anderson, Attorneys for Ryan Scott Hatch

The Summary Judgment Revolution That Wasn't, Jonathan Remy Nash, D. Daniel Sokol

William & Mary Law Review

The U.S. Supreme Court decided a trilogy of cases on summary judgment in 1986. Questions remain as to how much effect these cases have had on judicial decision-making in terms of wins and losses for plaintiffs. Shifts in wins, losses, and what cases get to decisions on the merits impact access to justice. We assemble novel datasets to examine this question empirically in three areas of law that are more likely to respond to shifts in the standard for summary judgment: antitrust, securities regulation, and civil rights. We find that the Supreme Court’s decisions had a statistically significant effect in …

Why (And How) The Constitution Should Protect Prisoners From Gratuitous Disclosure Of Their Hiv/Aids Status, Dillon Schweers

William & Mary Law Review

This Note is not the first to advocate for prisoners’ constitutional privacy rights concerning their HIV/AIDS status, but it is the first to focus on isolated incidents of disclosure rather than general policies that tend to lead to disclosure like mandatory testing or segregation based on HIV/AIDS status. This Note argues that the Fourteenth Amendment’s Due Process Clause should protect prisoners from isolated disclosures, meaning prisoners should have a § 1983 cause of action against guards or other prison officials who disclose their HIV/AIDS status in a gratuitous manner.

[...]

The proceeding section of this Note, Part I, details the …

"Solo En Inglés": Using Section 208 Of The Voting Rights Act To Combat Modern Literacy Tests, Katie Kitchen

William & Mary Law Review

This Note asserts that section 208 of the VRA [Voting Rights Act] plays a vital role in protecting equitable access for limited English proficient (LEP) voters to cast their ballot. It does so by (1) providing background on protections in the VRA for LEP voters, (2) proposing that section 208 fills the gap left by other provisions of the VRA, and (3) offering recommendations for using section 208 effectively. These recommendations will include (1) amending section 208, (2) furthering education, and (3) increasing individual state actions. Lastly, this Note will argue that section 208 should serve as a model for …

Historic Tensions Involving International Intellectual Property Protection Of Medical Technology With Disastrous Public Health Consequences, Srividhya Ragavan, Swaraj Paul Barooah

Faculty Scholarship

Historic tensions have pervaded the alliance of intellectual property's ill-fated accord with trade. The intersections of the alliance have impacted access to medical technologies resulting in plaguing public health with disastrous consequences in select parts of the globe, the first of which was perhaps most notably seen during the HIV-AIDS crisis at the turn of the century. At this time, WTO’s sacrosanct norms from the accord between trade and intellectual property rights essentially force African countries to choose between international trade sanctions, and saving thousands of lives by allowing exceptions to patent rights. While much has been written about global …

Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth

Faculty Scholarship

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters

Faculty Scholarship

Managerial governance is often operationalized through outsourcing the regulatory function from public institutions—for example, administrative agencies—to private organizations. In virtually any sector, it is possible to identify private “regulatory intermediaries” that step between public agencies and regulated parties to perform tasks traditionally played by government actors—for example, the development of regulatory standards, auditing, compliance assurance, enforcement, and more. Although this reliance on private regulatory intermediaries may in some cases be highly advantageous to government institutions since it may sometimes allow government agencies to do more regulatory work than their own resources and capacity might allow—it comes at significant costs of …

Crypto In Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is ‘minted’ and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected …

Maternal Exposure To Ssris Or Snris And The Risk Of Congenital Abnormalities In Offspring: A Systematic Review And Meta-Analysis, Weiyi Huang, Robin Page, Theresa Morris, Susan Ayres, Alva Ferdinand, Samiran Sinha

Faculty Scholarship

Background

The association of maternal exposure to selective serotonin reuptake inhibitors (SSRIs) or serotonin and norepinephrine reuptake inhibitors (SNRIs) with the risk of system-specific congenital malformations in offspring remains unclear. We conducted a meta-analysis to examine this association and the risk difference between these two types of inhibitors.

Methods

A literature search was performed from January 2000 to May 2023 using PubMed and Web of Science databases. Cohort and case-control studies that assess the association of maternal exposure to SSRIs or SNRIs with the risk of congenital abnormalities were eligible for the study.

Results

Twenty-one cohort studies and seven case-control …

Models And Limits Of Federal Rule Of Evidence 609 Reform, Anna Roberts

Faculty Scholarship

No abstract provided.

Staff Matters: How Can We Be More Creative With Our Benefits?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

As open enrollment for health benefits approaches, this column discusses creative and cost-effective benefit offerings to attract and retain employees. The focus is on innovative benefits beyond traditional health, life insurance, and retirement plans. Suggestions include pet insurance, paid volunteer time, lunch and learn sessions, and flexible scheduling to accommodate employees' needs, particularly working parents and those with caregiving responsibilities. The importance of seeking employee input in benefit planning is emphasized for discovering practical, employee-desired options.

J Mich Dent Assoc November 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on The University of Michigan's Gordon H. Sindecuse Museum of Dentistry.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, and component news.

This issue also includes two articles reprinted with permission.

• A feature from Ontario Dentist on The Challenge of False Belief: …

The Back Page Commentary: Let’S Talk About The Real World, Danielle Gehlert Dds

The Journal of the Michigan Dental Association

Dr. Danielle Gehlert, a private practitioner, writes that in the realm of continuing education for dental professionals, there's a need for a shift in focus from idealized, "sexy" cases to real-world patient scenarios. This commentary calls for seminars and programs emphasizing long-term restorative planning, including successes and failures. The practical considerations of patient financial limitations and willingness to engage in dental care must be integral to treatment plans. Real-world cases should reflect the diverse situations dental practitioners encounter and the ethical responsibility to provide affordable and effective treatment options.

Advocacy Spotlight: Important: State Issues Changes To Delegation Of Duties Rules, Neema Katibai Jd

The Journal of the Michigan Dental Association

The Michigan Board of Dentistry has introduced changes to the rules governing the delegation of duties to dental auxiliaries, including the reclassification of "dental assistants" (those not formally trained or licensed) as "unregistered dental auxiliaries" (UDAs). The classification Registered Dental Assistant (RDA) remains. Changes involve the supervision levels for specific tasks and guiding training UDAs for orthodontic duties. Notable changes include allowing UDAs to perform certain orthodontic tasks and expanding their scope of work to include duties such as taking impressions, polishing, and providing nutritional counseling. Dental professionals should know these changes and the supervision required for delegation to UDAs …

N Y State Dent J November 2023

The New York State Dental Journal

In the November 2023 issue, the reader will find the following feature articles:

• Verruciform Xanthoma
• Use of a 3D Intraoral Scanner for Prosthetic Rehabilitation of Cocaine-Induced Oronasal Fistula
• Adenoid Ameloblastoma with Dentinoid

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Article Iii, The Bill Of Rights, And Administrative Adjudication, John M. Golden, Thomas H. Lee

Fordham Law Review

Modern reconsideration of legal constraints on the federal administrative state has commonly focused on agency rulemaking but seems increasingly concerned with agency adjudication. In this Essay, we provide an overview of constitutional issues implicated by administrative adjudication. We specifically explain how and why the so-called public-rights doctrine generally allows federal administrative adjudication outside private-rights actions substantially linked to traditional actions in law, equity, or admiralty. We also discuss how constitutional provisions outside Article III—including Bill of Rights protections of individuals as against the federal government—may nonetheless require a role for Article III courts even in so called public rights cases, …

Representative Rulemaking, Jim Rossi, Kevin Stack

Vanderbilt Law School Faculty Publications

The dominant form of lawmaking in the United States today-—notice-and-comment rulemaking—-is not a representative process. Notice-and-comment simply invites public participation, leaving the overall balance of engagement with the proposed regulations to the choices of individuals, public interest groups, trade groups, and regulated businesses. The result is a predictable one: In most rulemakings, industry voices dominate, and in many rulemakings, there is no participation by citizens or public interest groups. This representation deficit must be taken seriously. The basic rationales for a notice-and-comment rulemaking process depend upon some level of representation for those affected. The goal of providing the agency with …

Deplatforming, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

Deplatforming in the technology sector is hotly debated, and at times may even seem unprecedented. In recent years, scholars, commentators, jurists, and lawmakers have focused on the possibility of treating social-media platforms as common carriers or public utilities, implying that the imposition of a duty to serve the public would restrict them from deplatforming individuals and content.

But, in American law, the duty to serve all comers was never absolute. In fact, the question of whether and how to deplatform-—to exclude content, individuals, or businesses from critical services—- has been commonly and regularly debated throughout American history. In the common …

Symposium: Reimagining The Rules Of Evidence At 50, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Prior to the eighteenth century, cartographers would often fill uncharted areas of maps with sea monsters, other artwork, or even rank speculation—a phenomenon labeled “horror vacui,” or fear of empty spaces. For example, in Paolo Forlani’s world map of 1565, a yet to-be-discovered southern continent was depicted with anticipated mountain chains and animals. The possible explanations for horror vacui are varied, but one reason may have been a desire “to hide [the mapmakers’] ignorance.” Not until “maps began to be thought of as more purely scientific instruments . . . [did] cartographers . . . restrain their concern about spaces …

Using Objective Characteristics To Target Household Recycling Policies, W. Kip Viscusi, Joel Huber, Jason Bell

Vanderbilt Law School Faculty Publications

Household recycling is valuable because it reduces demand for virgin raw materials and lessens the cost of making products containing paper, metal, glass, or plastic. Effective recycling programs limit the amount of materials sent to landfills. Understanding the policies and contexts that are most conducive to promot- ing recycling can assist in the development of more effective recycling systems. It can also help businesses that are concerned with the disposition of their products and packaging. Using the most comprehensive data set on U.S. household recycling behavior, this Comment quantifies the relative impact on recycling of characteristics associ- ated with recycling …

Towards An Effective Transnational Regulation Of Ai, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

Law and the legal system through which law is effected are very powerful, yet the power of the law has always been limited by the laws of nature, upon which the law has now direct grip. Human law now faces an unprecedented challenge, the emergence of a second limit on its grip, a new “species” of intelligent agents (AI machines) that can perform cognitive tasks that until recently only humans could. What happens, as a matter of law, when another species interacts with us, can be integrated into human minds and bodies, makes “real-world” decisions—not through human proxies, but directly—and …

The Social Discount Rate: Legal And Philosophical Underpinnings, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Discounting of deferred impacts of government policies is a long-established practice that has been the target of substantial litigation and continued philosophical debate. Legal challenges to the social rate of discount have resulted in general acceptance of the principle of discounting at a nonzero rate for both monetary and nonmonetary impacts. Courts have displayed a general familiarity with discounting and often require transparent justification for the selection of the discount rate based on established scientific principles. The philosophical issues are more wide-ranging and include whether nonmonetary impacts should be discounted, the use of the opportunity cost of capital or the …

Inspections In Private Premises Under Slovak Competition Law: Did The Implementation Of The Ecn+ Directive Miss The Point?, Mária T. Patakyová, Mária Patakyová

Yearbook of Antitrust and Regulatory Studies

We face the era when tech giants are getting ever more powerful, when there are subtle ways of collusion via algorithms, and when home offices are the new normal. One would expect competition authorities to have suitable tools to investigate any infringement of competition law even under these difficult conditions. Inspections are arguably the most powerful investigatory tool within the realm of the powers of competition authorities. Although inspections are very often conducted in business premises, there might be a need to search private premises too. Regulation 1/2003 has recognised this need for almost two decades. The ECN+ Directive expects …