Law Commons^™

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak

San Diego Journal of Climate & Energy Law

The Intergovernmental Panel on Climate Change—the UN’s expert science panel—has found that limiting climate change to prevent catastrophic harms will require at least some use of carbon capture and sequestration (CCS) unless the world rapidly shifts away from fossil fuels and reduces energy demand. There is significant uncertainty, however, about the level of lifecycle GHG reductions achievable in practice from varying CCS applications; some applications could even lead to net increases in emissions. In addition, a number of these applications create or maintain other harms, especially those related to fossil fuel extraction and use. For these reasons, many environmental justice …

Can Local Governments Exercise Police Power To Combat Climate Change Impacts By Banning Natural Gas In New Buildings?, Yichao Gu

San Diego Journal of Climate & Energy Law

This Article analyzes whether the Berkeley Gas Ban Ordinance would survive federal or state preemption challenges and examines whether Berkeley properly exercised its police power in adopting the Gas Ban Ordinance. Section II of this article provides background on the air quality and climate change impact from natural gas combustion. Section III discusses Berkeley’s police power authority to adopt the Gas Ban Ordinance. Sections IV through VI present potential express and implied preemption challenges and analyze arguments on both sides. Section VII concludes that the Gas Ban Ordinance is likely to survive federal and state express preemption, but it may …

The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak

San Diego Journal of Climate & Energy Law

The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …

Climate Change And Real Estate In California: Can Climate-Related Risk Be A Required Disclosure For Residential Real Estate?, Lindsey Jacques

San Diego Journal of Climate & Energy Law

This Article will examine whether liability can extend to residential real estate sellers for non-disclosure of climate change related risk. First, this Article will outline current California statutes and common law regarding disclosures of climate change risk to prospective buyers of real estate. Next, this Article will explore potential routes for expanding liability, then will follow with hypotheticals for specific types of climate-related risk. This Article concludes by considering likely outcomes and routes for sellers and their agents to evade such liability should an expansion of liability prove legitimate.

Felix Wu Appointed Vice Dean, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Felix Wu, Professor of Law and Faculty Director of the Cardozo Data Law Initiative (CDLI), has been named Vice Dean of Cardozo School of Law.

Center For Constitutional Democracy Welcomes Two New Board Members, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Beginning on July 1, the Center for Constitutional Democracy will be welcoming two new members to its Advisory Board: former Indiana Attorney General Greg Zoeller ’82 and former CCD Senior Managing Affiliate Brady Harman ’15.

Walters V. Tribe, 23-Ap-06 (Blkft. Tr. Ct. App., June 27, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a denial of a Writ of Habeas Corpus. The Court reasoned that the appellant was released numerous times to seek treatment, but failed to do so, released for medical issues but failed to comply, and failed to previously return to the Blackfeet Correction’s Center and charged with disobeying a court order. The Appellant has made multiple demonstrations that he will not comply with conditions set by the Court, therefore, Appeal denied.

Maurer School Of Law, Iu Northwest Partner On Law Scholars Program, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law, working in collaboration with Indiana University Northwest, has established a new program to act as a pipeline into law school, the schools announced today (June 27).

The Indiana University Northwest Law Scholars Program will substantially reduce tuition for up to four IU Northwest graduates interested in pursuing a legal education in Bloomington, as well as supply qualifying students with dedicated faculty mentorship to help ensure their success.

Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela J. Keet

Articles & Book Chapters

The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.

State Of Utah, Plaintiff / Appellee V. Jose Arce, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for one count of third-degree felony aggravated assault and five counts of class-A misdemeanor domestic violence in the presence of a child, in the First Judicial District, Cache County, the Honorable Spencer D. Walsh presiding

FREYJA JOHNSON, EMILY ADAMS, Counsel for Appellant

MARIAN DECKER, SEAN D. REYES, RONNIE KELLER, Counsel for Appelleе

Public Policies For Tourism Recovery During Covid 19 Pandemic; A Case Study Of Spain, Mónica Pellejero, José Sanabria, Teresa Aguiar, Yazmina Araujo

ITSA 2022 Gran Canaria - 9th Biennial Conference: Corporate Entrepreneurship and Global Tourism Strategies After Covid 19

The COVID-19 virus has caused the biggest worldwide economic crisis since the Great Depression of the 1930s and a “zero tourism” situation with catastrophic consequences. Many authors analyzed the economic impacts of the COVID-19 pandemic, but none of them have specifically examined Spain and government actions and public policies taken to fight the pandemic. Through the case study methodology, this paper presents a literature review of the most up-to-date studies on the impacts of the COVID-19 global pandemic. Secondly, we specify the different public intervention measures implemented by national, regional, and local authorities in Spain. Finally, we set out the …

Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Steven Howard Roth

Akron Law Review

Attorney Steven Howard Roth participated in the following fireside chat with Akron Law Review Associate Editor Andrew Fleming as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023. Some content may be modified and/or abbreviated from its original transcript for purposes of flow and brevity.

Attorney Roth is the Founder and a Principal of Roth Firm, LLC, a law firm that represents individuals and domestic and international companies within the middle and upper middle market in business and transactional matters. Attorney Roth’s practice focuses on the areas of mergers and …

Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Brandon Posivak

Akron Law Review

Brandon Posivak gave the following remarks as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023.

Mr. Posivak graduated in May 2023 from Pepperdine Caruso School of Law in Malibu, CA with Certificates in Entertainment, Media, and Sports; Dispute Resolution; and Entrepreneurship and the Law with a specialization in Entertainment, Technology, and Intellectual Property. Prior to law school he was a Division I baseball player at Lafayette College in Easton, PA and has published two books, Step on the Cracks: Reinventing Happiness, Positivity, and Optimism and Waiting for Yesterday.

Game Changers: Rewriting The Playbook - A Sports And Entertainment Law Symposium, Luke Fedlam

Akron Law Review

Attorney Luke Fedlam gave the following remarks as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023.

Attorney Fedlam is a Partner and Sports Attorney in Columbus, OH at Porter Wright Morris & Arthur. He is passionate about providing professional athletes with trusted business advice and legal counsel. Throughout his career, Attorney Fedlam’s passion has earned him honors such as Ohio Super Lawyers’ Rising Star award, Best Lawyers: Ones to Watch in America, and recognition as an expert and thought leader in Name, Image, & Likeness. He serves on several …

Dcli Annual Report 2022-2023, Duquesne University

Miscellaneous Pamphlets

No abstract provided.

Party Self-Empowerment From Preparation For Mediation Sessions, John Lande

Faculty Blogs

If parties are well-prepared before mediation sessions, they will be knowledgeable, confident, and assertive so that they can exercise their decision-making authority as well as possible. Well-prepared parties can make decisions before and during mediation sessions rather than simply relying on mediators to promote their self-determination. In other words, they will feel more empowered to participate productively. Depending on the circumstances, mediators, lawyers, courts, and/or mediation programs may help parties get prepared.

R4 Constructors, Llc, Plaintiff / Appellee, V. Inbalance Yoga Corporation, A Utah Corporation, And Jennifer Schnabel, An Individual, Defendants / Appellants : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Fourth Judicial District Court, Utah County, Honorable Judge Christine Johnson, District Court No. 170401436

Justin D. Heideman, Justin R. Elswick, Attorneys for Appellants

Cody W. Wilson, Andrew L. Berne, Attorneys for Appellee R4 Constructors LLC

Q&A With Professor Timothy Zick, Author Of "Managed Dissent: The Law Of Public Protest", William & Mary Law School, Timothy Zick

Popular Media

No abstract provided.

The Hon. Dianne T. Renwick Named Presiding Justice Of First Department, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Alumna Justice Dianne T. Renwick ’86 was named by Gov. Kathy Hochul yesterday as Presiding Justice of the New York State Supreme Court, Appellate Division, First Department. She will be the first woman of color to lead the court.

A Collaborative Model: The Villanova Law Library, Amy A. Emerson

Faculty Publications

No abstract provided.

Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign, Jared Zim

University of Miami Business Law Review

Music often tells a powerful story, driving emotional connections. As a result, politicians rely on music in every aspect of their political campaigns from political advertisements to campaign rallies. There is a long history of such political uses of music, often without an artist’s permission. While most disputes over such uses have ended in either settlement or the campaign stopping use of the infringed work, former President Donald Trump’s unauthorized use of music on the campaign trail sparked countless artist complaints. The complaining musicians feared any implication that they endorsed Trump and did not want any association with a political …

Cardozo Law News Brief: June 23, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Deborah Pearlstein
• Jessica Roth
• Jacob Noti-Victor
• Pamela Foohey
• Barbara Kolsun
• Rachel Landy

Campus News:

• Francesca Acocella and Stephen Iannacone Present at National Association of Law Student Affairs Professionals Conference

Regulating Best Interest: Sec Confronts The Brave New Markets, Rayaan Hossain

University of Miami Business Law Review

This Note comments on how recent developments in securities regulation deal with today’s securities industry challenges. As usual, the law advances much slower than technology. After decades of debate over heightened standards for broker-dealers giving investment advice, the Securities and Exchange Commission (“SEC”) introduced Regulation Best Interest (Reg BI). Our modern market demands that broker-dealers execute quick trades on behalf of their clients as well as provide broader investment advice. The popularity of online trading platforms (“OTPs”) only exacerbated the need for regulatory changes. The theme of this paper surmises how Reg BI responds to the rise of the retail …

Hip Hop Turns 50: The End Of A Criminal Cartel, J. Christopher Hamilton

University of Miami Business Law Review

Most people are familiar with superstar rappers like Kanye West, Nicki Minaj, and Drake, who continue to anchor hip-hop in a competitive culture of braggadocio, high fashion, and lethal lyrics. Many are also familiar with the recent deaths of rising stars like King Von, Pop Smoke, PnB Rock, and Takeoff due to gun violence. However, beyond the megastars, melodic music, and the high-profile murders, hip-hop represents a global marketplace valued at over $15 billion, which is shocking considering the poverty surrounding its birth. On the eve of its 50th anniversary in 2023, hip-hop’s position as the dominant form of contemporary …

Międzynarodowe Konsorcjum Katolickich Szkół Prawniczych Na Kul | Kul, John Paul Ii Catholic University Of Lublin, Marcus Cole

2019–Present: G. Marcus Cole

Jun 23, 2023

Brief statements made by Dr. Habiol. Andrzej Herbet, The Faculty of Law, Canon Law and Administration and Associate Professor and Chair of the Department of Commercial Law, The John Paul II Catholic University of Lubin, and G. Marcus Cole, Dean, and Professor of Law, University of Notre Dame Law School.

Na KUL odbywa się międzynarodowe Konsorcjum Katolickich Szkół Prawniczych. Pomysłodawcą i głównym organizatorem wydarzenia jest University of Notre Dame. Spotkanie ma charakter inauguracyjny, konstytuujący Konsorcjum. Podczas sesji naukowcy - prawnicy dzielą się spostrzeżeniami na temat funkcjonowania kierunku prawo na katolickich uczelniach, zastanawiają się nad celami instytucjonalnymi oraz …

Making Small Claims Work For Copyright Law: Why The Decisions Of An Unprecedented Judicial Authority Should Hold Precedential Weight, Emma C. Johnson

University of Miami Business Law Review

Individual creators increasingly struggle to protect their copyrights, especially in the digital age. It is already often difficult for many creators to make a living, and more often than not, they cannot afford to pay thousands in court and legal fees to bring a copyright infringement claim. With the passing of the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”) in December of 2020, Congress and the United States Copyright Office formed a federal small claims court for creators in such positions to be able to enforce their copyrights.

The CASE Act seeks to give small copyright …

Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin

Popular Media

No abstract provided.

24-2, 2023 Masthead

San Diego International Law Journal

No abstract provided.

The Right To Vote Of Persons With Disabilities And The Difficult Relationship Between The Crpd And The European Court Of Human Rights, Francesco Seatzu, Paolo Vargiu

San Diego International Law Journal

This Article addresses the question of the right to vote of persons with disabilities in light of the recent case-law of the European Court of Human Rights. The approach of the Court is critiqued from a general perspective of non-discrimination as well as tested against Article 29 of the United Nations Convention on the Rights of Persons with Disabilities, which provides for the right to vote as a foundational element of the participation in political and public life of persons with disabilities. This Article maintains that the European Court of Human Rights’ approach, instead of creating the conditions for equality …

Make White-Collar-Offenders Pay (Additional) Tax And Subject Them To Technological Incarceration Instead Of Being A Tax Burden On Society, Mirko Bagaric, Theo Alexander, Brienna Bagaric

San Diego International Law Journal

White-collar offenders do not scare people. There is no reason to be afraid of them. Yet, they are subjected to the most serious sanction in our legal system – prison. Every white-collar prisoner costs society over $30,000 annually. Rather than punishing white-collar offenders in a way that further depletes the public revenue, we should compel them to remedy the damage they have caused by paying additional tax. There are more intelligent, evidence-based approaches to dealing with white-collar offenders. The objectives for dealing with white-collar offenders should be to impose penalties that are proportionate to the seriousness of the crimes; ensure …