Law Commons^™

Dispute Resolution In The Badminton World Federation: Sui Generis Expert Determination?, Ilias Bantekas

South Carolina Journal of International Law and Business

The Badminton World Federation (BWF) has set up a poly-tiered dispute resolution mechanism to deal with alleged breaches of its institutional statutes. It calls these ‘judicial’ bodies even though they are not established by law. They consist of the Independent Hearing Panel (IHP) and the Sports Dispute Panel (SDP). The former entertains mostly governance-related disputes while the SDP enjoys jurisdiction for substantive sports disputes. The IHP also serves as an appellate forum against SDP decisions. Neither of these entities has been endowed with arbitral qualities and the BWF dispute settlement architecture is paradigmatic of expert determination. The two ‘judicial’ entities …

Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines

South Carolina Journal of International Law and Business

No abstract provided.

Rico’S Long Arm, Randy D. Gordon

South Carolina Journal of International Law and Business

RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …

Challenges Of Merger Control In The Ggc, Talal Al Awadhi

South Carolina Journal of International Law and Business

This research study investigated the challenges confronting Gulf Corporate Council (GCC) states in merger control. For the purpose of this research, the term merger control is used to refer to the law and regulations on how anticompetitive mergers should be identified, controlled and/or prevented. This research study was carried out using a secondary data analysis. The secondary data was collected from the literature. Research findings indicate that mergers in general are underdeveloped in GCC states. As a result, the law on merger control has lagged severely behind developed states. Research findings also indicate that there are four main challenges to …

State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Carbon County, Honorable Joseph Bean, District Court No. 211903061

Christopher F. Allred, Steven Austin Lee, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

David Freestone, Janet Freestone. Plaintiffs/Appellants. V. Linda Povey, Mid-Century Insurance Company, Farmers Insurance Group Of Companies. Defendants/Appellee : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal rom the Second Judioial District Court, Weber County, State of Utah. from an ocder grant'ng summary judgment in favor of defendats/appellees. Judge Jennifer Valencia presiding, civil case number 210901418

Brett D. Cragun, Attorneys for Plaintiffs/ Appellants

Stuart H. Schultz:, Chet W. Neilson, Attornyers for Defendants/ Appellees

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …

Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang

Nevada Law Journal

Today, arbitration is broadly used for resolving civil disputes domestically and internationally. It is a subject so popular in practice that calling it an “alternative dispute resolution” may in fact be a misnomer. Regarding the taking of evidence in arbitration, the cliché is that no rules apply, and that arbitrators have the ultimate authority. In practice, too many arbitrators simply let everything in, no matter how prejudicial, cumulative, incredible, suspect, or otherwise useless, for fear that ruling out anything may lead to vacatur.

This Article probes into the importance and feasibility of having evidence rules in arbitration. It argues that …

Defining And Balancing Equity, Erica Goldberg

Nevada Law Journal

Equity has become a significant goal of every major institution in the United States. Yet equity is often vaguely defined and comprises multifaceted goals. The concept of equity, as a foil to treating everyone identically under formal equality, can both foster and undermine an institution’s primary mission or other values. This paper will reckon with how institutions, especially legal academia, can balance equity against other institutional values. The proper balancing of equity with other institutional values is impeded by the difficulties of defining equity and the chilling effects institutional actors face in discussing these issues.

This Article will first trace …

Delegation Inside The Executive Branch, Stephen Migala

Nevada Law Journal

For nearly 200 years, legal authorities from the Supreme Court to the Restatements to several attorneys general, have relied on a legal maxim to consistently conclude that duties requiring judgment assigned to one officer by Congress cannot be redelegated to another without express statutory authority. As a result of this black-letter-law maxim, hundreds of statutes have been enacted to carefully grant express, targeted delegation authority to specific officers.

But particularly in the last twenty years, this once-solid maxim been flipped on its head. Now, instead of looking for an officer’s express authority to redelegate to a subordinate, also known as …

Points Of Diversion From Nevada’S Established Groundwater Law, Colin Meenk

Nevada Law Journal

No abstract provided.

Electing Prosecutors Based On Their Convictions, Ryan Edwards

Nevada Law Journal

Prosecutors wield broad influence over criminal cases due to their power of prosecutorial discretion. In recent years, a growing number of prosecutors are exercising that discretion by crafting policies that deprioritize or decline prosecution of entire categories of crimes. Because most state and local jurisdictions in the United States elect their head prosecutor, policy-based prosecutorial discretion can even become an electoral strategy for voters who seek to express displeasure with certain categories of criminal laws.

Following the reversal of Roe v. Wade in 2022, criminalized abortion has become one such category of law in many states. The 2022 midterm elections …

A Major Question: Has Osha Missed Its Opportunity To Regulate Medical Residentduty Hours?, Anthony Anguille-Valles

Nevada Law Journal

Medical residents fall into a category of workers perpetually overlooked by the Occupational Safety and Health Administration (“OSHA”) due to their dual role as employee and trainee. Despite OSHA’s knowledge of the often life-threatening safety and health hazards medical residents face in the workplace pursuant to their uniquely arduous working conditions—most notably their duty hours—it has declined repetitiously to exercise its authority under the Occupational Safety and Health Act to intervene. While OSHA’s past failure to intervene should not hinder it from exercising its statutory authority to protect medical residents in the workplace today, SCOTUS’ recent efforts to curb administrative …

The Oral History Of Sandra Douglass Morgan, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

Standards In Law, Amanda Mccormick

Law Librarian Contributions to Books

Published as Chapter 12 in Teaching and Collecting Technical Standards: A Handbook for Librarians and Educators, Chelsea Leachman, Erin M. Rowley, Margaret Phillips & Daniela Solomon, eds.

This case study introduces students to how and why federal agencies use standards in regulations. Students will apply this learning in a homework assignment in which a law firm partner asks the student to research current regulations that may be applicable to a potential client. The assignment is designed for upper-level undergraduate students with an interest in law and policy.

Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams

Faculty Publications

No abstract provided.

Taming Wildcat Stablecoins, Gary B. Gorton, Jeffery Y. Zhang

Articles

Cryptocurrencies, including stablecoins, are all the rage. Investors are exploring ways to profit off of them. Governments are considering ways to regulate them. While the technology underlying cryptocurrencies is new, the economics is centuries old. Oftentimes, lawmakers are so focused on understanding a new technological innovation that they fail to ask what exactly is being created.

In this case, the new technology has recreated circulating private money in the form of stablecoins, which are similar to the banknotes that circulated in many countries during the nineteenth century. The implication is that stablecoin issuers are unregulated banks. Based on lessons learned …

The Problematic Forgotten Buyback, Yesha Yadav

Vanderbilt Law School Faculty Publications

Totaling in excess of $100 billion dollars in transactions annually, debt buybacks allow a company to repurchase bonds from investors, rewriting bargains and stripping away creditor control rights in the process. This Article shows that regulation systematically underprotects bondholders in the context of debt buybacks. It makes three points. First, bondholders confront information asymmetries that enable issuers to buy back creditor claims cheaply. Regulation imposes near negligible requirements on issuers to disclose information about the transaction. Lacking fiduciary protection, bondholder interests are vulnerable to being extinguished by issuers in the interests of promoting those of shareholders and managers. Second, buybacks …

One Of The Safeguards Of The Constitution: The Direct Tax Clauses Revisted, James W. Ely Jr.

Vanderbilt Law School Faculty Publications

James Madison's insistence that the apportionment rule governing the imposition of direct taxes by Congress was a constitutional safeguard highlights a puzzle that has plagued constitutional law since the early days of the Republic. The Constitution does not bar Congress from imposing direct taxes, but twice provides that direct taxes "shall be apportioned among the several States which may be included within this Union, according to their respective Numbers." In times of crisis, notably during the War of 1812 and the Civil War, Congress levied direct taxes on real estate and slaves. It specified the aggregate amount to be collected …

How Are You Holding Up? The State Of Judges' Well-Being: A Report On The 2019 National Judicial, Terry A. Maroney, David X. Swenson, Joan Bibelhausen, David Marc

Vanderbilt Law School Faculty Publications

Judges have always faced significant stressors, including the burden of consequential decision-making, exposure to disturbing evidence, and isolation. While every judicial assignment has its own mix of concerns, challenge is a constant. Recurrent experiences of serious stressors place judges at risk of burn-out, secondary trauma, poor mental and physical health, and substance use disorders.

Historically, such issues have been addressed primarily in the context of judicial fitness - that is, only when individual judges were suffering to the degree that they could no longer competently perform their duties would the system respond, and then usually for the purpose of discipline …

Artificial Intelligence And Interspecific Law, Daniel J. Gervais, John J. Nay

Vanderbilt Law School Faculty Publications

Several experts have warned about artificial intelligence (AI) exceeding human capabilities, a “singularity” at which it might evolve beyond human control. Whether this will ever happen is a matter of conjecture. A legal singularity is afoot, however: For the first time, nonhuman entities that are not directed by humans may enter the legal system as a new “species” of legal subjects. This possibility of an “interspecific” legal system provides an opportunity to consider how AI might be built and governed. We argue that the legal system may be more ready for AI agents than many believe. Rather than attempt to …

Fine Balance: Empire, Neoliberalism And The Fair And Equitable Standard Of Treatment In International Investment Law, Sannoy Das

Vanderbilt Law School Faculty Publications

In this article, I show how the framework of empire remains central for analyzing contemporary international investment law. Moving beyond criticisms about the domination of global South polities by the West, or by a transnational capitalist class, I suggest instead that ‘empire’ can help us analyze the protocols of reasoning in investor-State arbitrations. Through a close reading of scholarship on the fair and equitable (FET) clause, and a recent arbitral award arising out an FET claim, I show that the field is characterized by an imperial mode of legal reasoning. This mode was reason was produced by a foundational distrust …

United States Department Of Education Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (September 2023)

Copyright, Fair Use, Scholarly Communication, etc.

DoED response to OSTP memo, 2022: Public Access Plan (September 2023)

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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second Judicial District Court, Weber County, State of Utah. from an order granting summary judgment in favor of defendants/appellees. Judge Jennifer Valencia presiding, civil case number 210901418

Brett D. Cragun Cragun & Cragun Attorneys for Plaintiffs/Appellants

Stuart H. Schultz: Chet W. Neilson Strong & Hanni PC Attorneys for Defendants/Appellees

"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson

Faculty and Staff Scholarship

In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …

J Mich Dent Assoc September 2023

The Journal of the Michigan Dental Association

Reports from the deans of Michigan’s two dental schools covering the past year’s activities serve as the dual cover stories for this issue. Other feature articles include a discussion of professionalism, a diagnostic challenge describing adenomatoid odontogenic tumor, and a memorial tribute to recently deceased MDA Executive Director Karen Burgess. Monthly departments include Dentistry and the Law, Staff Matters^® human resource guidance, MDA Services (endorsed programs), MDA Foundation, news updates in News You Need, and more.

Architects, Artists, Photographers, Property Owners, The Public And Their Rights: Reconciling Vara, The Awcpa, And Copyright Fundamentals, David E. Shipley

Scholarly Works

Murals, sculpture, and other works of visual art have been parts of buildings, monuments and other structures for centuries, but copyright infringement litigation in the federal courts between artists, architects, photographers, and building owners is a relatively recent phenomenon. The outcome of these lawsuits has an impact on the public seeing works of visual art; experiencing works of visual art on buildings, monuments, and structures; and, looking at photographs of visual art on or in those architectural works. This article focuses on how the Copyright Act’s protection of artists’ rights in their works of visual art on buildings under the …

Re-Thinking The “Reasonableness Test” In Policing Forum Selection Clauses In U.S. Courts In Light Of The Hague Convention On Choice Of Court Agreements, Youseph Farah

Journal of Maritime Law and Commerce

No abstract provided.

Maritime Liens: An Endless Torpedo For Foreign Flagged Vessels In Turkish Seas, Cuneyt Suzel

Journal of Maritime Law and Commerce

No abstract provided.

Law Library Blog (September 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.