Law Commons^™

Community Organizing & Social Justice, Henry R. Cunningham

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Community Organizing & Social Justice," given by Henry R. Cunningham at the Justice Festival held on the campus of Morehead State University on October 11, 2023.

Byu Journal Of Public Law Volume 37 Number 2

Brigham Young University Journal of Public Law

No abstract provided.

Political Fragmentation In The Democracies Of The West, Richard H. Pildes

Brigham Young University Journal of Public Law

The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.

A major reason for this decline in effective government is that democracies have become more politically fragmented. Political power has been dispersed among many more political parties, organized groups, and even more spontaneous, instantly mobilized …

Hospitals And Local Taxation: The Troubled Tale Of Property Tax, Matthew S. Johnson

Brigham Young University Journal of Public Law

The taxation of hospitals is plagued with subjectivity, which especially burdens nonprofit hospitals. Inconsistencies across localities further exacerbate the uncertainty encountered by nonprofit hospitals seeking local tax exemptions. While federal and state tax implications for nonprofit hospitals receive most of the attention from debaters and scholars, local property tax exemptions are also of significant value for nonprofit hospitals and have been largely overlooked. This Comment explores the policy arguments for and against nonprofit status for hospitals. It shows that while the federal government has chosen relatively bright-line rules for determining non-profit status, localities are far less predictable. This Comment contributes …

Byu Law 50th Anniversary, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"We are privileged to participate in this great venture. It is our duty to make it great. . . .

. . . [It] must attain a greatness that transcends religious lines and establishes itself in the eyes of legal educators, scholars, the judiciary, the legal profession, the business world, officials of local, state, and federal government, and citizens at large."

– Rex E. Lee (quoting and expanding on remarks by Dallin H. Oaks)

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith

Brigham Young University Journal of Public Law

The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …

Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk

Brigham Young University Journal of Public Law

This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …

On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik

Brigham Young University Journal of Public Law

Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …

Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow

Brigham Young University Journal of Public Law

John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a decree of divorce in the Third Judicial District Court, Case No. 214905299, the Honorable Patrick Corum presiding

Vicky Jo Nelson, Pro Se

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment and Conviction for one count of Exploitation of a Vulnerable Adult, a Second Degree Felony, and one count of Theft, a Second Degree Felony, The Honorable Anthony Howell presiding in the Fourth Judicial Court, Juab County, State of Utah, Case No.191600058

SEAN REYES Utah Attorney General c/o Criminal Appeals Division Assistant Solicitor General Attorney for Appellee

ANN M. TALIAFERRO (#8776) BROWN BRADSHAW & MOFFAT Attorney for Appellant

State Of Utah, Plaintiff/Appellee, V. Omellio Holsane Brown, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from assault by a prisoner, a third-degree felony, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding

GREGORY W. STEVENS, Counsel for Appellant

CONNOR NELSON, SEAN D. REYES, Counsel for Appellee

What Happens When The Public Wants To Remove Public Art? The Second Circuit Weighs In On One Recent Vara Case, Paige Green

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

n 1990, the Visual Artists’ Rights Act (VARA) became a welcome addition to the federal Copyright Act of 1976. VARA was the first time the “moral rights” of an artist were federally protected in the United States. Moral rights are commonly understood to provide attribution to artists and protect the integrity of visual art pieces. Under VARA, this means authors have a right to claim authorship on pieces they create, prevent the use of their name on a work they did not create, and prohibit the destruction of works of “recognized statute” (both intentional and through gross negligence). The law …

Cardozo Aelj Author Interview Series: Seth Warshaw, Class Of 2023, Seth Warshaw

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Seth Warshaw discusses his Note, And a Second Opinion for All… And Anything Else? The Jack Eichel Saga and Issues of Medical Autonomy, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 10, 2023. The original post can be accessed via the Archived Link button above.

Vignettes Expose Undergraduates’ Perceptions Of Consent And Sexual Assault: Implications For Sexual Assault Education, April N. Terry, Mackenzie Orchard Esq., Vivian Aranda-Hughes

Academic Leadership Journal in Student Research

Under Title IX and the 2011 Dear Colleague Letter, universities were reminded of their obligation to educate, prevent, and respond to sexual assaults and other forms of gender-based violence. The current study used a survey packet including a Rape Myth Acceptance scale, questions about related education, and a scale rating participants’ level of confidence on seven vignettes. The sample indicated participants were more likely to recognize whether consent was given than they were to recognize whether the vignette met legal standards for sexual assault. The results can provide universities with information to better individualize their sexual assault prevention efforts.

Cryptocurrency Concerns, Crimes, And Legal Consequences, Madeline Connolly

Akron Law Review

This note addresses the current issues with the law and digital currencies, federal agencies’ current classifications of cryptocurrencies, problems with those classifications, and solutions to better regulate, classify, and prosecute virtual-currency crimes. The history of digital currencies, the history of criminal activity involving money, and how the creation and widespread use of cryptocurrencies has allowed criminals to find new ways to hide money that make it difficult for law enforcement to catch will be discussed. The article analyzes current and past cases involving different courts’ interpretations and prosecution of cryptocurrencies and concludes by offering solutions to the potential issues of …

Ohio's Data Protection Act And/As A Process-Based Approach To "Reasonable" Security, Brian Ray

Akron Law Review

This essay argues that the ODPA [Ohio Data Protection Act], which has become a model for similar laws and legislative proposals in several other states, in effect creates a process-based standard for cybersecurity. It does so by incorporating the risk-based approach used by the listed cybersecurity frameworks as the defacto standard for reasonable security for organizations seeking to qualify for the Act’s affirmative defense. This article summarizes the ODPA and then explains the risk-based approach of the cybersecurity frameworks it incorporates. It then argues that this risk-based approach in effect establishes a process-based definition of reasonable security and explains why …

Security In The Digital Age, Michael Gentithes

Akron Law Review

Rapidly evolving technology allows governments and businesses to elevate our collective well-being in ways we could not have imagined just decades ago. Data is now a resource that governments and businesses alike can mine to address the world’s needs with greater efficiency, accuracy, and flexibility. But evolving technology and advanced data analytics also come with risk. New digital capabilities also create new means for nefarious actors to infiltrate the complex technological systems at the heart of nearly all of our daily activities. Just as new digital tools emerge to offer unique goods and services, new tools allow wrongdoers to invade …

Episode 2: State Of The Union, Sara Gras

Season 01

Episode 2 looks at the recent legislative push to ban transgender kids from scholastic sports across the country in the context of the anti-trans bathroom bans that preceded it. I also dive into the Soule v. Connecticut case that is so frequently referenced as an example of trans athlete exceptionalism despite the actual facts. There will be more later in the season on the organizations encouraging the passage of sports bans and supporting their defense in court, but my guests in this episode start to shed some light on who they are and what motivates their actions. I extend my …

Week Of October 9, 2023 - October 13, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Shadow Report Submissions And Updates Compiled By The International Human Rights Clinic At University Of Illinois Chicago School Of Law And Program On Human Rights And The Global Economy At Northeastern University School Of Law, Sarah A. Dávila Et Al.

Faculty White Papers

No abstract provided.

Mmu: 10/09/23–10/15/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Preview; Little Big Warm Ranch, Llc V. Doll, Noah Gipson

Montana Law Review Online

No abstract provided.

Restructuring The Constitution For Human Resilience, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty, Martha Albertson Fineman & Laura Spitz, eds.

Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

This comment letter responds to the Securities and Exchange Commission’s proposed rule Release Nos. 34-97990; IA-6353; File Number S7-12-23 - Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers. Our comments draw on our scholarship relating to laypersons’ participation in securities markets and the corporate sector as well as on the role of technology in corporate governance.

We express concerns that the SEC’s proposed regulation undermines individuals’ ability to access capital markets in an efficient and cost-effective manner. In the era of excessive concentration of equities ownership and power, often with negative societal …

Law School Mental Health Awareness Week 2023, Cardozo Office Of Student Life

2023–2024 Flyers

No abstract provided.

Ndls Communicator: Week Of 10.09.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Exoneration Justice Clinic receives $3 million grant to defend Mexican nationals in U.S. criminal cases
• The annual Red Mass was held last week in the Basilica of the Sacred Heart
• Daniel R. Murray ‘67 receives Lifetime Achievement Award from the Catholic Lawyers Guild of Chicago
• Last week the Indiana Court of Appeals brought its "Appeals on Wheels" program to ND Law's McCartan Courtroom. Students attended an argument for the case State v. Lucas, and had the opportunity to ask questions to Judges Robert Altice Jr., Terry Crone, and Elizabeth Tavitas.
• Paolo Carozza was quoted in an AP …

The Refugee Burden Of Proof: Legal Gaps And Future Considerations For Climate Migrants, Aedan Raleigh

Pace Law Review

As impacts of climate change become increasingly imminent and devastating, especially for the world’s most vulnerable communities, climate processes and events have forced certain populations to flee their homes. Climate refugees, also called environmental or climate migrants, describes those displaced by environmental disruption; however, international law has yet to delineate how these individuals fit into current refugee law or other areas of immigration assistance. This paper begins by examining current international refugee law, challenges to seeking asylum, and how this applies, or fails to apply, to climate migrants. I will then explore the burden of proof for the principle of …