Law Commons^™

City Of Erda, Appellant V. John Bleazard, An Individual, Mark Bleazard, An Individual, Six Mile Ranch Company, A Utah Corporation, Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Tooele County, Honorable Teresa Welch, District Court No. 220300134

Robert E. Mansfield, Megan E. Garrett, Attorneys for Appellees

Janet M. Conway, Attorney for Appellant

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

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Farmington, Utah, Case No. 191702339 FS, the Honorable Rita Cornish

Andrew Peterson, Attorneys for Appellee

Gregory W. Stevens, Attorney for Appellant

Issue 3 Table Of Contents

Georgia Law Review

No abstract provided.

Absolute Official Immunity In Constitutional Litigation, Michael L. Wells

Georgia Law Review

Absolute official immunity blocks recovery of damages for constitutional violations committed by legislators, judges, prosecutors, and witnesses, no matter how egregious the violation. Under the Supreme Court’s “functional approach,” application of the doctrine does not turn on the officer’s title, but on function. Social workers, parole boards and others enjoy official immunity when they engage in legislative, adjudicative, or prosecutorial functions. The policy underlying absolute immunity is that constitutional litigation will produce unacceptable social costs, mainly by discouraging officials from acting boldly and effectively in the public interest. This Article criticizes the Court’s exclusive focus on function. While it may …

Issue 4 Toc

Georgia Law Review

No abstract provided.

A License To Play: Regulating Location-Based Augmented Reality Gameplay On Public Property, Kate Johnson, Evan Ringel, Amanda Reid

Georgia Law Review

This novel research sits at the intersection of augmented reality gameplay and government licenses for use of public property. Governments have long used licensing schema to assure public safety and order. Augmented reality gameplay on public lands presents a new, contested use of public property. Under our proposed licensing scheme, those wishing to engage in location-based augmented reality (LoBAR) gameplay on public lands would need a license. This proposal is akin to how governments—federal, state, and municipal—have authorized permit schema for use of public property, including rock climbing, geocaching, street performing, and film photography. Our Article offers sample legislation for …

Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin

Georgia Law Review

The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …

Privately Policing Dark Patterns, Gregory M. Dickinson

Georgia Law Review

Lawmakers around the country are crafting new laws to target “dark patterns”—user interface designs that trick or coerce users into enabling cell phone location tracking, sharing browsing data, initiating automatic billing, or making whatever other choices their designers prefer. Dark patterns pose a serious problem. In their most aggressive forms, they interfere with human autonomy, undermine customers’ evaluation and selection of products, and distort online markets for goods and services. Yet crafting legislation is a major challenge: Persuasion and deception are difficult to distinguish, and shifting tech trends present an ever-moving target. To address these challenges, this Article proposes leveraging …

Discovery Culture, Edith Beerdsen

Georgia Law Review

In a litigation environment that features managerial judges, few trials, and increasing volumes of fact evidence, discovery is often what shapes and determines a case. The process is largely invisible to the public and the courts, and the rules of civil procedure do little to guide it. Instead of being a rule-governed process, civil discovery is to a large extent shaped by what this Article terms Discovery Culture: the norms and practices that govern everyday discovery practice and evolve over time within legal communities.

This Article introduces the concept of Discovery Culture, explores its nature as an extralegal practice, and …

Moral Framing And Affirmative Outreach As Drivers Of Health Insurance Enrollment In Medicaid And A State Exchange: A Randomized Field Experiment, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Legal efforts to expand health insurance coverage have relied on traditional economic theory. Despite expanded subsidies and some state mandates, nearly 30 million Americans are uninsured, including many who could afford it. Where economic self-interest has not fostered enrollment, we test whether moral framing around community or responsibility could be more effective.

We present a pre-registered field experiment with a state government (Maryland) dataset of uninsured residents (N=16,477). We randomized to four conditions: (a) no-contact control, (b) affordability messaging (status quo), (c) responsibility messaging, or (d) community messaging, and found responsibility and community messages most effective (an 18.5% change).

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …

What’S In A (Course) Name?, Robert M. Jarvis

Ocean and Coastal Law Journal

Law professors rarely give much thought to the names of their courses. This is a big mistake, for a course’s name can greatly influence a course’s enrollment. In this brief essay, the author details how he revived his struggling Admiralty course by changing its name to “Maritime Law.”

Transfer Theory And The Assignment Of Contractual Rights, Stéphane Sérafin

Osgoode Hall Law Journal

The possibility of assigning contractual rights to third parties has often been taken to suggest that they amount to a form of “property” or “asset.” This point has been seized upon by proponents of transfer-based accounts of contract law, which understand contract as a means of transferring existing rights instead of creating new rights and duties between its parties. In this article, I set out to critically examine the extent to which this assumed compatibility between transfer theories of contract and the assignment of contractual rights can truly be sustained. As I argue, only one version of transfer theory is …

International Status In The Shadow Of Empire: Nauru And The Histories Of International Law By Cait Storr, Jordan Crocker

Osgoode Hall Law Journal

IN 2007, THE PARLIAMENT OF NAURU, a (formerly) phosphorus-rich island nation located in the southwest of the Pacific Ocean, was presented with a report completed by its appointed Constitutional Review Commission that sought to explain, in short, “‘[w]hat’…had gone ‘wrong’ with the Republic of Nauru.” The Commission, funded by the United Nations Development Programme, produced a scathing report, which concluded that Nauru was in dire need of constitutional reform and that the nation needed to better its institutions, laws, and training of leaders in the business of governance in order to address thefailures of the state. The government initiated a …

Oversight Of Police Intelligence: A Complex Web, But Is It Enough?, Lyria Bennett Moses

Osgoode Hall Law Journal

This article analyzes the jurisdiction, function, powers, and expertise of oversight mechanisms with reference to capacity to oversee the legality of emerging police intelligence practices such as facial recognition, social media analytics, and predictive policing. It argues that oversight of such practices raises distinct issues ranging from the general oversight of policing, given the secrecy associated with police intelligence generally, to the use of complex software in particular. It combines doctrinal analysis with analysis of interviews with policing intelligence analysts, intelligence managers, lawyers, and IT professionals in three jurisdictions: Canada, Australia, and New Zealand. It brings together the roles of …

Clamouring For Legal Protection: What The Great Books Teach Us About People Fleeing From Persecution By Robert F. Barsky, Julia Schabas

Osgoode Hall Law Journal

THE POWER OF STORIES and storytelling is central to the refugee experience, both from a legal and social perspective. In the refugee claim context, seeking asylum after fleeing one’s home country due to a well-founded fear of persecution requires, as Anthea Vogl explains, “that refugee applicants tell a good story—that is, one that predominantly conforms to the conventions of model narratives.” This demand for narrative requires the refugee to draw on well-known genres and stories of how certain people act in the face of fear and persecution.

Assisted Suicide In Canada: Moral, Legal, And Policy Considerations By Travis Dumsday, Anita Singh

Osgoode Hall Law Journal

THE SUPREME COURT OF CANADA’S (SCC) decision in Carter v Canada (“Carter”) was a landmark moment in Canadian jurisprudence. In Carter, the SCC declared two sections of the Criminal Code to be of no force and effect because the “prohibition on physician assisted dying…deprives a competent adult of such assistance where (1) the person affected clearly consents to the termination of life; and (2) the person has a grievous and irredeemable medical condition…that causes enduring suffering that is intolerable to the individual.” Not only did Carter overturn an earlier decision in Rodriguez v British Columbia (Attorney General) (“Rodriguez”), which had …

Library Copyright Alliance Principles For Copyright And Artificial Intelligence, Library Copyright Alliance, American Library Association, Association Of Research Libraries

Copyright, Fair Use, Scholarly Communication, etc.

Library Copyright Alliance principles for copyright and artificial intelligence, July 10, 2023.

How Antitrust Failed Workers By Eric A. Posner, Maria Arabella M. Robles

Osgoode Hall Law Journal

IN RECENT YEARS, GROWING ECONOMIC INEQUALITY and anxieties about market power, monopolization, and other such concerns have rejuvenated competition and antitrust law and policy. It is well known that antitrust enhances competition by addressing issues of monopolization, price-fixing arrangements, and cartels, among other anticompetitive practices in markets. This allows dynamic competition to flourish in markets and ensures that consumers are provided with competitive prices and product choices. Although the negative impacts of market concentration are frequently recognized in the context of product markets, its impact on labour markets and the workers therein have largely been unexplored until recently. Professor Eric …

Revisiting The Defence Of Diminished Responsibility, Andrew Botterell

Osgoode Hall Law Journal

My goal in this article is to revisit the defence of diminished responsibility. There are three things that, taken together, suggest to me that a defence of diminished responsibility ought to be made available to certain individuals accused of certain criminal offences. The first is that Canadian criminal law already recognizes a number of defences that reflect ideas about diminished responsibility. The second is that despite the availability of these specific defences to criminal liability, no general defence of diminished responsibility is formally recognized in Canadian criminal law. And the third is that given the Supreme Court of Canada’s ongoing …

Digitally Rethinking Hunter V Southam, Lisa M. Austin, Andrea Slane

Osgoode Hall Law Journal

Lawful access—the legal regime that authorizes various methods used by law enforcement to intercept, search, or seize information for investigatory purposes—has been subject to much debate in Canada. However, those debates need a new solution space for the digital age. This must be able to incorporate new technological solutions for minimizing rights infringements and provide new forms of accountability and safeguards against misuse. This is not simply a matter of adopting the popular framework of “privacy by design,” or even a reworked “lawful access by design.” We argue that an appreciation of the challenges of the digital world requires us …

Social Rights And Transformative Private Law, Edward BéChard-Torres

Osgoode Hall Law Journal

Although constitutional social rights continue to attract much scholarly attention, their role in shaping private law is often overlooked. This neglect has led some scholars to underestimate social rights’ transformative potential. This article considers social rights’ influence over contract and property law in India, Colombia, and South Africa—three leading jurisdictions of the Global South. It argues that social rights can promote redistributive outcomes and inspire important shifts in private law’s values and modes of reasoning. However, it cautions that the depth of this transformation will depend on how judges choose to cross the public– private divide. One tradition rejects any …

Ndls Communicator: Week Of 07.10.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Religious Liberty Summit
• Notre Dame Law School grants tenure to four professors
• ND Law Professors Samuel Bray and Paul Miller cited in U.S. Supreme Court opinion
• Cohen's Handbook of Federal Indian Law, a treatise edited by Nell Newton, was cited several times in opinions issued on June 22 in Arizona v. Navajo Nation, a case in which the Supreme Court determined that the 1868 Treaty of Bosque Redondo did not require the federal government to take affirmative steps to secure water for the Navajo Nation.
• Professor Paolo Carozza delivers keynote lecture at Pontifical Catholic University …

Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye

Pepperdine Law Review

Online spaces have undoubtedly played a significant role in facilitating discourse and the exchange of information. With this increased discourse, however, digital platforms have also seen a rise in harmful or problematic content shared online––including health misinformation, hate speech, and child sex abuse material, among others. Many commentators have put the blame for this trend on Section 230, arguing that Section 230 has enabled the spread of harmful content and suggesting that Section 230 ought to be amended or replaced. This Essay, by contrast, argues that the current narrative about Section 230 gets it wrong. In reality, Section 230 has …

Business And Human Rights: A Rocky Road Towards A Binding Treaty, Gloria MaríA Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Comparative Analysis Of How Emerging Arbitration Hubs Like South Korea And The U.A.E. Compete For Dominance In The International Arena, Olha “Olia” Kaliuzhna

Georgia Journal of International & Comparative Law

No abstract provided.

Twenty-First Century Colonization Is Not A Good Policy Decision, Ellen Elizabeth Scott

Georgia Journal of International & Comparative Law

No abstract provided.

Economic Policy, Human Rights, And U.S. Action In Global Labor Standards, Caleb William Thompson

Georgia Journal of International & Comparative Law

No abstract provided.

Lgbtq-Inclusive Sex Education: Lessons The United States Can Learn From The United Kingdom, Nicole D. Katapodis

Georgia Journal of International & Comparative Law

No abstract provided.

Textbook Resistance: Texas’ Ban On Critical Race Theory Fails The Education Standards Mandated By International Law, Noah C. Nix

Georgia Journal of International & Comparative Law

No abstract provided.