Law Commons^™

Book Bans, Academic Freedom, And The Academic Law Library: Reflections On An Aall Discussion Den, Olivia Smith Schlinck

Library Staff Online Writings

Discussion Dens are consistently among my favorite programs at the AALL Annual Meeting, and Leslie Street’s Book Bans, Academic Freedom, and the Academic Law Library discussion was truly a highlight of AALL 2023. Street approached this difficult and ever-evolving issue with expertise, passion, and open-mindedness, guiding the group to consider: what can law librarians do to support our colleagues in states facing books bans on diversity, equity, and inclusion (DEI) bases?

James C. Robinson, Et. Al. V. Fisherbroyles, Llp, Et. Al., Order On Plaintiff's Motion For Sanctions, Eric A. Richardson

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

No abstract provided.

Learning From Land Use Reforms: Housing Outcomes And Regulatory Change, Noah Kazis

Law & Economics Working Papers

This essay serves as the introduction for an edited, interdisciplinary symposium of articles studying recent land use reforms at the state and local level. These papers provide important descriptive analyses of a range of policy interventions, using quantitative and qualitative methods to provide new empirical insights into zoning reform strategies.

After situating and summarizing the collected articles, the Introduction draws out shared themes. For example, these essays demonstrate the efficacy of recent reforms, not only at facilitating housing production but at doing so in especially difficult contexts (like when producing affordable housing and redeveloping single-family neighborhoods). They point to the …

Brittany Lee Elder, Appellee V. Matt Blake Elder, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court,

Steven Tycksen, Attorney for Appellee Brittany Lee Elder

Julie J. Nelson, Jaclyn Robertson, Attorneys for Appellant Matt Blake Elder

Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici curiae are administrative law scholars from universities around the United States.

They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.

Amici have a strong interest in how the Court’s decision will affect the field of administrative law and …

The Apex Bone Wearing Out In The Light Of Sharia And Science, Omar Gabis

An-Najah University Journal for Research - B (Humanities)

This research studies an issue in which Sharia scholars differed in the past, while was not of interest to scholars recently, namely: Does the last part of the human coccyx bone (apex) dissolve? Some hadith mentioned that the apex wears out, which was the reason for the divergence of the opinions of scholars in answer to this question over time. As far as informed, the researcher did not find a schooler who singled out this issue in any scientific research. The difficulty of answering this question may lie in the inability to conduct empirical research on this part, in addition …

The Nebraska Criminal Law Practitioner's Guide To Representing Non-Citizens In State Court Proceedings, 2023 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

PREFACE TO THE 2023 EDITION I promised myself, after the long-overdue revisions reflected in the 2021 edition, that I would do my best to update this Guide every year. This is the second installment on that pledge. Although there have been modest changes these past two years, there are still important updates incorporated into this year’s edition. I have also expanded on some of the topics that appeared in the 2021-2022 editions, as my thinking – and caselaw – continue to evolve.

On March 31, 2010, the lives of criminal law practitioners changed dramatically. On that day, the United States …

W&L Law Library Annual Report 2022-2023, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

United States Of America V. Donald J. Trump, Defendant, Jack Smith

United States Department of Justice: Publications

Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …

Wellness And The Occupational Impact Of Being A Police Officer, Daisy Nunez, Karen Park

Summer 2023 Virtual OTD Capstone Symposium

The occupational impact of being a police officer was researched. Along with the barriers and supports to wellness services. The study aimed to answer both those questions to analyze the impact of wellness on the population.

A Theory Of Substantive Standards Of Review: The Case Of Corporate Law, Tomer S. Stein

Scholarly Works

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited deference to universities. In West Virginia v. EPA, the Court reduced its deference to administrative agencies. In Coster v. UIP Cos., Inc., the Delaware Supreme Court limited deference to boards of directors, proclaimed a new standard of review, and then retracted the new standard of review (maybe). Common to these constitutional, administrative, and corporate law cases is unpredictability, uncertainty, and inconsistency in the use and application of substantive standards of review. This doctrinal chaos is explicitly acknowledged by the very judges that formulate …

Legal Needs And Health Outcomes For People With Cancer In Medical-Legal Partnership Programs: A Systematic Review, Allison B. Dowling, Caitlin Schille Jensen, Abigail Sweeney, C. Scott Dorris, Deborah F. Perry

HJA Scholarship

Medical-legal partnerships (MLPs) integrate lawyers into the medical team to address patients’ unmet legal needs that create barriers to good health and well-being (i.e., “health-harming legal needs”) and improve health outcomes. Given the growing popularity of MLP as an innovative healthcare model, this review has two objectives: to identify peer-reviewed literature measuring (1) cancer patients’ legal needs, and (2) outcomes for cancer patients after receiving MLP legal services. A systematic literature search was conducted in concordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) for the period 2006- 2022. Four articles met the inclusion criteria for objective …

N Y State Dent J August-September 2023

The New York State Dental Journal

In the August-September 2023 issue, the reader will find the following feature articles:

• Iatrogenic Indirect Compression of the Inferior Alveolar Nerve by a Dental Implant
• Use of Dentoalveolar and Zygomatic Implants in Restoration of Maxillary Defect Following Fibula Free-flap Reconstruction Failure
• Flapless Approach to Dental Implant Surgery: To Use or Not to Use?

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.

Resuscitating E-Commerce's Transnational Promise With Out-Of-Court Processes, Oladeji Tiamiyu

Sturm College of Law: Faculty Scholarship

E-commerce is increasingly taking a central role in conducting commercial transactions. This burgeoning industry has shaped how, when, and even why consumers transact. While catalyzed by the pandemic, increased use of e-commerce platforms is a multi-decade historical trend. Yet regulators throughout much of the world have been slow in how they regulate these platforms. In recognition of the growing importance of digital transactions, regulators have increasingly explored what should be the appropriate amount of oversight for platforms that have relied on substantial self-regulation. Regulation has increased the difficulty for private and public enforcement of antitrust laws, compromising a variety of …

Data Is The New Gold: A Singapore Perspective On The Duty Of Care Concerning A Dataset’S Role In Contributing To Bias And Ai Hallucinations, Daniel Seah

Research Collection College of Integrative Studies

Amidst the trends and advances in Artificial Intelligence (AI) techniques, the dataset’s key role in creating AI harms is a constant. Yet the literature’s attention is typically focussed on the machinelearning’s role, from which the dataset’s role is examined usually in terms of its potential for bias. Datasets also contribute to AI hallucinations. Again, the literature focuses on the composite roles of datasets and AI models in hallucinations, in isolation from a dataset’s contributory role in creating bias. Therefore, the overlapping and distinctive roles of datasets, as a dual contributor, are understudied in the literature. Through the legal concept of …

In The Room Where The Constitution Happens, Lorianne Updike Toler

College of Law Faculty Publications

Constitution-writing, according to the United Nations, should be participatory, non-exclusionary, and transparent. Recent scholarship has identified group inclusion, or ensuring that a broad swath of enfranchised groups is welcomed into the drafting room, as the lodestar of constitutional process. In making this comparative case--one which has important implications for modern constitution-writing--scholarship provides precious little empirical evidence, particularly from the historical genre. This ignores the benefit of studying the oldest constitution-writing traditions in America and all that can be learned by tracing a practice or idea to its roots.

This study, the first monogram on New Hampshire’s five constitution-writing processes between …

Repair As Research: How Copyright Impedes Learning About Devices, Anthony D. Rosborough, Aaron Perzanowski

Joint PIJIP/TLS Research Paper Series

Widespread computerization and ubiquitous smart devices have enabled software-based copyright governance to reach into new domains. Beyond their instrumental utility, these devices are also containers of vast amounts of information in the form of software and technical know-how. Through copyright and anti-circumvention rules, however, this information can be cordoned off and confined to exclusive distribution channels. This can have a significant impact on research. While copyright law traditionally conceives research as the use of expressive works within institutional settings, this paper proposes a broader conceptualization that includes device research, including informal inquiries and DIY activities. Whether for the purposes of …

False Or Misleading? Preemption, Fifra, And California’S Common Law “Duty To Warn” In Hardeman V. Monsanto Co., 997 F.3d 941 (9th Cir. 2021), Nathan Wise

Wyoming Law Review

No abstract provided.

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

New Mexico Law Review

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes. This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

Big Data Policing Capacity Measurement, Ronald J. Coleman

New Mexico Law Review

Big data, algorithms, and computing technologies are revolutionizing policing. Cell phone data. Transportation data. Purchasing data. Social media and internet data. Facial recognition and biometric data. Use of these and other forms of data to investigate, and even predict, criminal activity is law enforcement’s presumptive future. Indeed, law enforcement in several major cities have already begun to develop a big data policing mindset, and new forms of data have played a central role in high-profile matters featured in the Serial and To Live and Die in LA podcasts, as well as in the Supreme Court’s leading privacy and criminal procedure …

The Mindful First Amendment, Gary Myers

New Mexico Law Review

The mindfulness movement has begun to play an expanding role in personal well-being and in society more generally. Although there is an active push for mindfulness in law, its primary focus is on ways in which mindfulness techniques can help lawyers in their personal and professional lives. This article explores the possible contributions of mindfulness to the widely recognized challenges facing freedom of speech and freedom of the press in an era of severe cultural and political polarization. This article focuses on the external aspects of mindfulness—the interaction with others and with society—to assess whether its techniques might assist in …

Action Is Not Activism: Moving Martinez/Yazzie V. State Forward, Griffin Arellano

New Mexico Law Review

Education has long been regarded as the foundation of a strong society and fundamental to an individual’s ability to determine the course of their own life. Article XII of the New Mexico Constitution asserts that all students in New Mexico have a right to not just an education but one that is “sufficient.” However, in 2018, a state district court found that at-risk students across New Mexico were being denied that right. In Martinez/Yazzie v. State of New Mexico, the court ordered the State to quickly provide more funding for education and accountability mechanisms to ensure that money was spent …

Reaping The Rewards Of Hard Work: Eliminating The New Mexico Minimum Wage Act’S Exemption For Workers Paid On A Piecework, Flat Rate, And Commission Basis, Jackie Munro-Vahey

New Mexico Law Review

The federal Fair Labor Standards Act (“FLSA”) of 1938 created minimum wage, maximum hours, and overtime protections for the first time in United States history. One of the core principles of the FLSA was that states could also pass their own wage and hour laws, provided they were more protective of workers than the federal Act. In 2023, however, New Mexico is the only state where workers paid on a piecework, flat rate, and commission basis are exempt from the basic wage and hour protections of the federal Act because of a less protective state law. So, for example, medical …

The Outer Limits: Jury Discretion, District Court Deference, & Excessive Damages In Morga V. Fedex Ground Package Sys., Inc., Aaron Sharratt

New Mexico Law Review

What is the value of life? Courts and commentators have long debated the question of the inherent value of life in relation to the awarding of compensatory damages. The New Mexico Supreme Court’s recent decision affirming a record $165 million civil award in Morga v. FedEx again brings this debate into public view. The decision effectively shuts the door to the prospect of higher State courts overturning a jury’s noneconomic compensatory damages award based on an excessive verdict claim. The case highlights the district court’s power and discretion in awarding monetary damages for nonmonetary injuries and the implications of defense …

Revealing Realities Hidden Behind The Curtain Of Subjective Syndromes: The Seventh Circuit Changes The Narrative Around Expert Evidence On Battered Woman Syndrome In United States V. Dingwall, Keane Brazda

Villanova Law Review (1956 - )

No abstract provided.

Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison M. Freedman

Villanova Law Review (1956 - )

No abstract provided.

Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey

Villanova Law Review (1956 - )

No abstract provided.

Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng

Faculty Publications

Globally, decentralized energy systems are gaining popularity due to their potential for energy accessibility, energy resilience, and sustainability benefits. Existing research on an energy system decentralization approach, community choice aggregation (CCA), shows its ability to lower energy costs and increase renewable electricity consumption for U.S. communities. Nevertheless, research on the relationship between CCA and distributed electricity generation development is lacking. This paper fills this gap by investigating if the CCA approach associates with distributed generation capacity interconnection in California municipalities. The finding shows that although the average capacity has increased for all municipalities throughout the study period, contrary to proponents’ …

Committee Prosecution: Using Expert Opinion To Make Criminal Justice Descisions More Impactful, Ellison Berryhill

University of Michigan Journal of Law Reform Caveat

Those uninitiated to the reality of the United States’ criminal justice framework may believe that judges are the most powerful actors in the system. These casual observers watch crime shows filled with trials where judges make rulings and yell at people who are out of line. Viewers may believe in the adversarial system as a war between zealous prosecutors seeking justice and defense attorneys fighting for their client’s innocence. They may think of judges as neutral arbiter who makes the ultimate decisions. Unfortunately, that is not the case.

Alternatively, casual observers may think that the jury is the most powerful …