Law Commons^™

Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Larry R. Simper, Petitioner And, Appellant V. Utah Board Of Pardons And Parole, Respondent And, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Memorandum Decision and Order of the Third Judicial District Court, Salt Lake County, Judge Barry Lawrence

Larry R. Simper, Appellant Pro Per

Andrew Dymek, Attorney for Appellee

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

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A CRIMINAL SENTENCE JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE DON M. TORGERSON OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Defendant/Appellant, True Sparling

Larry R. Simper, Petitioner And, Appellant V. Utah Board Of Pardons And Parole, Respondent And, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Memorandum Decision and Order of the Third Judicial District Court, Salt Lake County, Judge Barry Lawrence

Larry R. Simper Appellant Pro Per

Andrew Dymek (9277) Asst. Utah Solicitor General Attorney for Appellee

Ndls Communicator: Week Of 08.07.23, Notre Dame Law School

NDLS Communicator

The Latest News

• The Religious Liberty Initiative and Brigham Young University’s International Center for Law and Religion Studies recently hosted a conference at the University of Oxford.
• Emily Bremer has been appointed a Senior Fellow of the Administrative Conference of the United States (ACUS), an independent federal agency that provides authoritative, nonpartisan legal advice on administrative law and federal regulatory procedures.
• Mary Ellen O'Connell was on “Background Briefing with Ian Masters” podcast.
• Nicole Garnett reviewed “Sacred Easements,” a forthcoming paper in the Virginia Law Review written by new faculty member Rev. Patrick Reidy, C.S.C.
• Jimmy Gurulé was quoted about the …

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A CRIMINAL SENTENCE JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE DON M. TORGERSON OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH

Lindsey Wheeler

K. ANDREW FITZGERALD, Attorney for Defendant/Appellant, True Sparling

Victim Protection And The Dynamic Situation Of Human Trafficking: Indonesia Experience, Nathalina Naibaho

Indonesian Journal of International Law

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized …

Response To Conophillips' Opposition To Un Rapporteurs Amicus Brief, William Snape, David Hunter

Amicus Briefs & Court Filings

Defendant-Intervenor ConocoPhillips made a number of incorrect and misleading statements in their opposition to the UN Special Rapporteurs proposed amicus brief. This response explains the relationship of the UN Special Rapporteurs to American University’s Washington College of Law, as well as the employment status of the two attorneys who authored the UN Rapporteurs’ amicus brief.

Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar

Indonesian Journal of International Law

This study aimed to determine the impact of the ASEAN Economic Community (AEC) on the national shipping industry highly imbalanced with relevant business policies. The AEC agreement is also expected to positively affect the shipping industry while controlling domestic and competing in international activities. In this study, a normative method was used, with the collection of data carried out through literature studies. The Maritime Vision of Indonesia, which is the Policy Direction and Strategy for The Development of Marine Transportation, was also implemented to motivate the country toward becoming the World Maritime Axis. This emphasized becoming a developed, sovereign, independent, …

The Investor – State Contract Making Case For Renegotiation Of The Original Contract, Animesh Anand Bordoloi

Indonesian Journal of International Law

Most Investor-State projects involve significant capital investment, while recognizing the existence of acute risk factors. After making such investments, investors expect fiscal, regulatory, and political conditions to remain stable or favorable throughout the project's duration. However, due to the long-term nature of agreements, there have historically been significant disputes over differences in expectations versus reality. States may rapidly evolve their economies and interests, sometimes pushing for new deals seen as fairer to investors with changing circumstances. Stabilization clauses have traditionally been used by investors to protect their interests, but over time, such measures have weakened as they are perceived as …

Why Abolishing The Insanity Defense Is Unconstitutional In Death Penalty Cases, Ashley Peterson

Idaho Law Review

No abstract provided.

Racial Impact Assessment In Land Use Planning And Zoning, William West

Pace Environmental Law Review

Racial impact assessments are tools that attempt to predict the effects of actions to help policymakers evaluate the consequences of those actions before their implementation. This article explains the history of race and land use in the United States, the development of racial impact assessments, and the emerging trend of racial impact assessments in land use planning and zoning. The article concludes with an analysis of how racial impact assessments in land use might develop in the future.

The Green Future And The Golden Past: Issues And Approaches Regarding The Sustainability Of Historical Structures And Sites, Steven Moctezuma

Pace Environmental Law Review

This Article illustrates the harmonies and conflict between historic preservation and environmental law in the context of urgently meeting climate change challenges. The Article presents an overarching analysis of the relationship between historic preservation and environmentalism, discerning unifying aspects and modern conflicts through statutory laws and case studies. It begins with detailing the parallel goals between the two causes, drawing on key similarities between the National Historic Preservation Act and the National Environmental Policy Act, the main tools for ensuring federal review for each field, and highlighting sustainable refurbishment as a prime example on achieving both ends with the same …

The Need To Reconceptualize Wild Animals Post-Covid 19: Miscoordination Of Wildlife Regulations In China’S Food Legal Order, Yi Seul Kim

Pace Environmental Law Review

Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article's analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.

Virtuous Cycles: The Interaction Of Public And Private Environmental Governance, Elodie O. Currier

Pace Environmental Law Review

The climate crisis has provoked a call for action from all sides. Private governance, public regulation, and individual behavior are all vital pieces of our path toward decarbonization and climate adaptation. Despite this, some scholars and policymakers argue that private environmental governance undermines public efforts to regulate climate harms. This paper draws on existing scholarship in law, policy, and psychology to answer these critiques, proposing four taxonomies of beneficial public-private collaboration on environmental governance. It then applies these models, tracking the shift in U.S. environmental legislation from “polluter pays” to “beneficiary pays” strategies to show a shift from rivalry to …

Focus On Party Decision-Making, John M. Lande

Faculty Blogs

A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Parties can participate more effectively in negotiation and mediation if they engage in decision-making early in disputes. This suggests the importance of good preparation before negotiation and mediation sessions. When parties are well-prepared in advance, they are as knowledgeable, confident, and assertive as possible in making decisions in their cases

Examining The Usefulness Of Interprofessional Education (Ipe) For Legal, Social Work, & School Psychology Student Training To Support Justice Involved Youth, Mary Comis

Electronic Theses and Dissertations

The school-to-prison pipeline is defined as a set of policies that contribute to the removal of students from the school environment and into the justice system (Justice Policy Institute, 2011). These students have unique and complex needs that include educational needs, legal needs, and community needs; however, these students often lack the support necessary to assist them when navigating the complexities of the educational and legal system. As a result, the complexity of the challenges these students face can be provided through a holistic legal representation team, where a school psychologist, social worker, and lawyer, can coordinate their efforts to …

Jacques Behar And Larry Wentland, Plaintiff V. Brad Johnson, Sam Clark, And Sara Vigh, Defendants: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from decisions of the Utah Second District Court Honorable Joseph Bean Trial Court Number 210902938

Taylor Jones (#14690) Attorneys for Appellee

Zane S. Froerer (#10807) Attorney for Appellant

The Starting Is The Hardest Part: Using Chatgpt To Overcome Writer’S Block, Margie Alsbrook

Incorporating ChatGPT in the Legal Research & Writing Classroom

We all know that editing a draft, even a bad draft, is easier than starting from scratch with a blank page. Even if ChatGPT produces something you hate, the draft produced by the software can “unstick” us and our students and jump start a surge of productive work. With editing this eventually leads us to good work product, and that work product will likely be better because we started earlier and went through a more thoughtful process. The presentation would also include ways in which ChatGPT can help LRW professors with some of the parts of the job that we …

Move Over Wright & Miller--Is Chatgpt The Only Secondary Source You Will Ever Need? Spoiler Alert...It's Not!, Jacob Waldo, Susan O. Winters

Incorporating ChatGPT in the Legal Research & Writing Classroom

AI tools like ChatGPT are increasingly widespread, and despite an uncertain future due to a rapidly evolving technology landscape, they are likely here to stay. Many of the digital tools used by law students and lawyers will soon be incorporating sophisticated AI technology into their platforms. Students already use ChatGPT to brainstorm, proofread their papers (or write them entirely), summarize information, and more. Failing to integrate ChatGPT into the legal research curriculum not only risks diminishing our professional authenticity with students but could also lead to the devaluation of traditional legal research skills in favor of convenient, albeit less reliable …

Scheherazade, Chatgpt, And Me: Storytelling And Ai, Tracy L. M. Norton

Incorporating ChatGPT in the Legal Research & Writing Classroom

Humans developed language to tell stories. Gesturing, demonstration, and vocalization worked for communicating instructions or basic information. But establishing and maintaining community required story, and story required language. Our desire to tell better stories and share them more widely has led to the creation of art forms from simple guitar ballads to epic motion pictures and intricate first-person video games. So it’s no wonder that, in the era of generative artificial intelligence, storytellers would be among the first to put AI to work. Storytellers have been using AI for years already to develop stories, which means that AI has itself …

The Case For Iterative Legal Writing Practice With Chatgpt, Joseph Regalia

Incorporating ChatGPT in the Legal Research & Writing Classroom

In this session, Professor Joe Regalia will share his work developing legal-writing education tools that leverage GPT technology. He will also share best practices for creating assessments, exercises, and activities for your own students that are tailored to how and what you teach in the classroom.

Much of this presentation will focus on case studies and live, hands-on examples (given this is virtual) so that we can spend most of the time learning by doing together.

Remedies In Canadian Parental Alienation Cases: Turning To Tort Law For Support, Zechariah Weicker Martin

LLM Theses

This thesis provides an avenue to remedy some of the harms associated with parental alienation for rejected parents – an issue that is inadequately addressed by Canadian family law cases. One of the major functions of the legal system is to allow injured parties the opportunity to seek recourse. This thesis questions whether the prevailing approach to parental alienation is capable of providing justice to rejected parents. Family law centres on the best interests of children, a vulnerable group whose needs should be prioritized and protected. Parental alienation disputes destroy meaningful relationships between children and capable parents, but family law …

Unfortunate But Ordinary: A Study Of Federal Court Approaches To Stays Of Removal, Talia Joundi

LLM Theses

Interlocutory decisions issued on stay of removal motions by the Federal Court of Canada remain under-studied. A leading reason for the limited research is that stay orders were not published or publicly accessible five years ago. Since then, changes to the Court’s policies regarding publication have increased the number of accessible stay orders. The outcome of a denied stay motion may result in the immediate deportation of a foreign national from Canada. Given the high-stakes nature of these decisions, it is imperative to critically examine stay motion procedures, laws, and trends against established human rights norms. This study presents an …

The Practitioner King - A Study Of Legal Education And Practice In Pakistan, Summaiya Zaidi

PhD Dissertations

This dissertation is a study of legal education and practice in Pakistan and investigates the rise of the legal practitioner through a socio-historical examination. It seeks to determine the extent to which legal education in Pakistan is bound by colonial norms of practice through a genealogy of the legal practitioner in South Asia where the practitioner emerges as a dominant actor in the legal field. This dissertation argues that the fields of legal education and practice cannot be studied separately because the two are intimately connected for three main reasons: firstly, the law degree serves as an entry requirement to …

Cardozo Law News Brief: August 4, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Andrea Schneider
• Jessica Roth
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Rachel Landy
• Edward Zelinsky

Campus News:

• 3L Noa Gutow-Ellis Pens Letter to the Editor in The New York Times on U.S. Immigration System

The International Patent Practice Narrative: Patent Agents, Epistemic Capture And The Patent Bargain, Wissam Joseph Aoun

PhD Dissertations

This work explores the question of how professionalization of patent agency along with its accompanying discourse has affected the direction of international patent institutions and networks. Professionalization of patent agency is defined as the government regulation of who may provide patent agent services to the public through the form of professional licensing requirements. To the extent that professionalization of patent agency has created a unique discourse of patent agency, to what degree and in what respects has this discourse transformed global patent institutions? In particular, has this discourse created a form of ‘epistemic’ or ‘cultural’ capture that has the effect …

Comparison Of Library Publishing Workflows By Oa Model, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Population of an institutional repository is a form of publishing. Green and diamond OA library publishing workflows are compared. The workflow for gold OA does not involve library publishing. Some data about the UNL Digital Commons institutional repository (https://digitalcommons.unl.edu) are included.

Reply Brief Of The Petitioners-Taxpayers Edward A. And Doris Zelinsky, Edward A. Zelinsky

Amicus Briefs

The Division’s Brief confirms that the Tribunal should rule for the taxpayers, Edward A. and Doris Zelinsky Perhaps most egregiously, the Division disparages binding factual stipulations to which the parties agreed at the outset of this litigation. These stipulations confirm that, from March 15, 2020 through December 31, 2020 (“the COVID period”), Professor Zelinsky had no New York office or classroom available to him. Consequently, Professor Zelinsky taught his classes and met with students exclusively on zoom from his Connecticut home. He did not step foot in New York for this nine and one-half month period.

The stipulated facts lead …

An Immodest Proposal: Ai, Llms, And The Case For A Standalone Legal Research Requirement, Nicholas Mignanelli, Susan Drisko Zago, Jordan Jefferson, Sarah C. Slinger

Incorporating ChatGPT in the Legal Research & Writing Classroom

The legal research course is over a century old. As a law school subject, it predates many doctrinal courses, as well as the advent of clinical legal education. It is several decades older than its sister subject, legal writing. In spite of its age and obvious importance, the place of the legal research course in the law school curriculum remains contested. While some law faculties recognize the value of legal research instruction and require a standalone legal research course in the first year, the vast majority combine it with legal writing (often over the objections of legal writing instructors and …