Law Commons^™

Law School In A Pandemic Ungrouped: How Online J.D. Experiences Varied Across Students, Tiffane Cochran, Sherrie Godette, Gallup

AccessLex Institute Research

At the onset of the COVID-19 pandemic, law schools and students resiliently forged ahead, endeavoring — many for the first time — to pursue their J.D. programs online. AccessLex Institute® and Gallup partnered to survey law students about their experiences with online J.D. courses during this time, releasing two Law School in a Pandemic reports in 2021 and 2022 to discuss each year’s findings. This third and final report in the series examines the extent to which student perceptions of their J.D. programs during the pandemic differed by various characteristics — namely race/ethnicity, age, enrollment status, caregiver status, and law …

The Shifting Baseline Syndrome As A Connective Concept For More Informed And Just Responses To Global Environmental Change, Heidi K. Alleway, Emily S. Klein, Liz Cameron, Kristina Douglass, Istar Govia, Cornelia Guell, Michelle Lim, Libby Robin, Ruth H. Thurstan

Research Collection Yong Pung How School Of Law

The concept of the ‘shifting baseline syndrome’ has assisted researchers in under standing how expectations for the health of the environment deteriorate, despite known, often widespread, and significant impacts from human activities. The concept has been used to demonstrate that more accurate assessment of historical ecosystem decline can be achieved by balancing contemporary perceptions with other sorts of evidence, and is now widely referred to in studies assessing environmental change. The potential of this concept as a model for examining and addressing complex and multidimensional social- ecological interactions, however, is underexplored and current approaches have limitations. We perceive the shifting …

Traditional Tlingit Law & Governance And Contemporary Sealaska Corporate Governance: 4 Core Values And A Jurisprudence Of Transformation, Micah S. Mcneil , Esq.

Tribal Law Journal

This paper will give historical insight into the Tlingit Nation’s governance and showcase how their government has changed over time. This paper will then talk about the unique form of governance adapted through the Sealaska Corporation and its various associate organizations. The Tlingit governmental structure was clan-based throughout its history but has evolved to a regional corporate and tribal government structure because of the Alaska Native Claims Settlement Act (ANCSA). Fundamental to Tlingit law and governance is holding to core values while embracing a jurisprudence of change and transformation. Though, I focus on the four core values of the Tlingit, …

A Conflict In The Courts: An Update On School Restroom Policies, Suzanne Eckes

Child and Family Law Journal

Over the past ten years, courts have been asked to weigh in on whether students’ rights are violated when school policies prohibit them from using restrooms that align with their gender identities. In the vast majority of legal cases, courts have rendered decisions favorable for the student. In December 2022, however, the Eleventh Circuit Court of Appeals ruled that a school district’s policy prohibiting transgender students from using a restroom that matched their gender identity did not violate Title IX of the Education Amendments of 1972 nor the Equal Protection Clause of the Fourteenth Amendment. The Eleventh Circuit’s en banc …

The Effects Of Adverse Childhood Experiences On The Future Of Our Youth, Patrick Cobb

Child and Family Law Journal

22.3 percent.¹ This is the percentage of the population of the United States under the age of 18. These three words should come to mind: growth, family, and safety. Unfortunately, just because these words come to mind, does not mean these are a reality for our youth. The Adverse Childhood Experience (ACEs) study explores our youth’s mental, emotional, and social well-being across a wide sample with some disturbing results.

As we de-code what exactly ACEs entails, we can learn to predict, diagnose, and ultimately prevent negative environments our youth are involved in. Prioritizing these prevention efforts can eventually lead …

It Is Time For Family Courts To Be More Aware Of Parental Mental Illness And Substance Abuse, Elaina Larson

Child and Family Law Journal

Since the COVID-19 pandemic and previous years, the mental health and substance abuse crises in Florida are growing at an unprecedented rate.¹ With substantive due process rights under the Fourteenth Amendment as a substantial roadblock, the Florida courts are reluctant to adequately address the mental health and substance abuse needs of individuals.² This issue is especially difficult in cases involving the termination of parental rights, leaving children in damaging environments with unfit parents suffering from severe mental illness and substance abuse.³ To prevent children from growing up under negative conditions and developing mental health problems as well, …

Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil

Child and Family Law Journal

The inherently coercive nature of custodial interrogation is the very reason the Supreme Court handed down the famous Miranda v. Arizona decision; the court recognized the increased vulnerability that suspects under questioning are subjected to when placed in a situation designed to elicit incriminating information.¹ Legal scholars and judiciaries alike agree that the likelihood of police questioning resulting in a false admission of guilt or self-incriminating statements is disproportionately more probable if the subject of the questioning is a minor.² The constitutional protections that are afforded to juvenile suspects subjected to custodial interrogations are those set out in …

Janette Corn, Appellee V. Blake Groce, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Davis County, Honorable Ronald Russell, District Court No. 194700657

Julie J. Nelson, Alexandra Mareschal, Counselfor Appellant

Emily Adams, Freyja Johnson, William M. Fontenot, Counsel for Appellee

The State Of Utah, Plaintiff/Appellee V. Taniela Salakielu, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from an order denying Defendant's motion to quash the bindover from the preliminary hearing, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Mark Kouris, presiding. Appellant is incarcerated

CONNOR NELSON, SEAN D. REYES, Attorneys for Appellee

SARAH J. CARLQUIST, Attorney for Appellant

The State Of Utah, Plaintiff/Appellee V. Taniela Salakielu, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from an order denying Defendant's motion to quash the bindover from the preliminary hearing, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Mark Kouris, presiding. Appellant is incarcerated

CONNOR NELSON, SEAN D. REYES, Attorneys for Appellee

SARAH J. CARLQUIST, Attorney for Appellant

The State Of Utah, Plaintiff/Appellee V. Taniela Salakielu, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from an order denying Defendant's motion to quash the bindover from the preliminary hearing, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Mark Kouris, presiding. Appellant is incarcerated

CONNOR NELSON, SEAN D. REYES, Attorneys for Appellee

SARAH J. CARLQUIST, Attorney for Appellant

The Shadow Docket: A Symposium, Leslie C. Griffin

Nevada Law Journal

No abstract provided.

Out Of The Shadows: What Social Science Tells Us About The Shadow Docket, Nicholas D. Conway, Yana Gagloeva

Nevada Law Journal

No abstract provided.

Will American Democracy Last In Light Of The Shadow Docket?, Caroline Fredrickson

Nevada Law Journal

No abstract provided.

Does Anybody Really Know What Time It Is?: How The Us Supreme Court Defines “Time” Using The Purcell Principle, Rachael Houston

Nevada Law Journal

No abstract provided.

The Capital Shadow Docket And The Death Of Judicial Restraint, Jenny-Brooke Condon

Nevada Law Journal

No abstract provided.

Why Are These Justices Using The Shadow Docket More Than Past Justices?, Benjamin H. Barton

Nevada Law Journal

No abstract provided.

Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl

Nevada Law Journal

No abstract provided.

Secret Shoals Of The Shadow Docket, Andrew J. Wistrich

Nevada Law Journal

The Supreme Court has recently been utilizing the informal procedures of its shadow docket more extensively than before. Many have criticized this trend, arguing that it diminishes transparency and undercuts the Supreme Court’s legitimacy. This Article asks whether by expanding its use of the shadow docket, the Supreme Court is squandering some of its institutional advantages, thereby compromising the quality of its rulings. Research in the fields of cognitive psychology and behavioral economics suggest that it is. The informality and pace of the shadow docket risks enabling intuition, cognitive illusions, and biases to secretly play a larger role than they …

Democracy, Social Media, And Freedom Of Expression: Hate, Lies, And The Search For The Possible Truth, Luís Roberto Barrosoa, Luna Van Brussel Barroso

Chicago Journal of International Law

This Essay is a critical reflection on the impact of the digital revolution and the internet on three topics that shape the contemporary world: democracy, social media, and freedom of expression. Part I establishes historical and conceptual assumptions about constitutional democracy and discusses the role of digital platforms in the current moment of democratic recession. Part II discusses how, while social media platforms have revolutionized interpersonal and social communication and democratized access to knowledge and information, they also have led to an exponential spread of mis- and disinformation, hate speech, and conspiracy theories. Part III proposes a framework that balances …

The Digital Services Act And The Brussels Effect On Platform Content Moderation, Dawn Carla Nunziato

Chicago Journal of International Law

The EU’s latest regulation of social media platforms—the Digital Services Act (DSA)—will create tension and conflict with the U.S. speech regime applicable to social media platforms. The DSA, like prior EU regulations of social media platforms, will further instantiate the Brussels Effect, whereby EU regulators wield powerful influence on how social media platforms moderate content on the global scale. This is because the DSA’s regulatory regime (with its huge penalties for noncompliance) will incentivize the platforms to skew their global content moderation policies toward the EU’s instead of the U.S.’s balance of speech harms versus benefits. The Act’s incentives for …

The Honeypot Stings Back: Entrapment In The Age Of Cybercrime And A Proposed Pathway Forward, Renée N. Girard

Chicago Journal of International Law

Cybercrime’s transnational nature has rendered conventional methods of domestic policing ineffective. The international community must cooperate to combat cross-border cybercriminals. Law enforcement efforts to respond to the threat through cyber sting operations call into question the degree to which individuals are protected by the entrapment defense. There is disagreement in the international community about the validity of the defense. The lack of consensus threatens effective law enforcement cooperation in responding to cybercrime, posing a global security risk. Furthermore, if countries with dissimilar entrapment rights cooperate to share data and carry out cyber stings, there is a heightened risk of the …

Black And Blue Police Arbitration Reforms, Michael Z. Green

Faculty Scholarship

The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power to respond to the civil rights protests occurring during those times by establishing strong protections for their officers in light of brutality claims. This rhythmic progression of protests and union responses is destined to continue without any lasting reforms focused on …

Rethinking Education Theft Through The Lens Of Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of “education theft” through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by intentionally violating the residency requirements. The Essay begins by revisiting the debate on intellectual property rights as property rights. It discusses the ill fit between intellectual property law and the traditional property model, the impediments the law has posed to public access to education, and select reforms that have …

International Law And The Right To Global Internet Access: Exploring Internet Access As A Human Right Through The Lens Of Iran’S Women-Life-Freedom Movement, Pegah Banihashemi

Chicago Journal of International Law

The speed of digital transformation creates major challenges for understanding and protecting digital technology-based human rights. While the internet may once have been a nice-to-have amenity, as societies become increasingly dependent on digital infrastructure, it has become a prerequisite to access fundamental human rights. Because the protection of internet access as a human right is lacking, individuals remain vulnerable to abuses, particularly by autocratic leaders.

This Essay uses the still-unfolding Iranian Women-Life-Freedom Movement to examine the consequences of internet deprivation. The Iranian regime’s brutal treatment of its citizens sparked widespread protests which were largely coordinated through social media, highlighting the …

Propaganda For War & International Human Rights Standards, Evelyn Aswad

Chicago Journal of International Law

Shortly after Russia’s illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU’s General Court upheld the outlets’ suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …

The Future Of International Law Freedom Of Journalism: A Transitional Justice Framework, Edward L. Carter

Chicago Journal of International Law

The overwhelming majority of digital and physical attacks on journalists are done with impunity. This results in lower-quality journalism, less scrutiny of government, and less healthy societies and democracies. The international human rights law concept of transitional justice could bolster collective will and inform legal mechanisms to combat such impunity. Judges and investigators in several recent cases of attacks on journalists have invoked transitional justice concepts, including truth-telling, criminal investigations and prosecutions, reparations, and institutional reforms to guarantee non-recurrence. These mechanisms should be fully implemented to protect journalism at local, national, and international levels.

The Digital Services Act And The Eu As The Global Regulator Of The Internet, Ioanna Tourkochoriti

Chicago Journal of International Law

This Essay discusses the Digital Services Act (DSA), the new regulation enacted by the EU to combat hate speech and misinformation online, focusing on the major challenges its application will entail. However sophisticated the DSA might be, major technological challenges to detecting hate speech and misinformation online necessitate further research in implementing the DSA. This Essay also discusses potential conflicts with U.S. law that may arise in the application of the DSA. The gap in regulating the platforms in the U.S. has meant that the platforms adapt to the most stringent standards of regulation existing elsewhere. In 2016, the EU …

The Recent Free Expression Jurisprudence Of The Working Group On Arbitrary Detention, Arthur Traldi

Chicago Journal of International Law

The Working Group on Arbitrary Detention is one of the lesser-known United Nations Special Procedures. While its name does not indicate a focus on freedom of expression, it has defined “arbitrary” detention to encompass detention based on conduct protected under the free expression provisions of Article 19 of the International Covenant on Civil and Political Rights (for States Parties) and the corresponding text of the Universal Declaration of Human Rights. As such, the WGAD can serve as a critical forum for protecting free expression—particularly for individuals whose free expression rights may be violated by states not parties to the ICCPR …

Cracks In The Sandbox: Mobilizing Existing International Legal Tools To Fill Gaps In Sand Mining Regulations, Warren E. Yu

Chicago Journal of International Law

Sand sustains the foundations of modern economies, but almost nothing exists in the way of global sand regulation and governance. Despite the documented risks posed by rampant, unregulated extraction, a global governance regime is unlikely to emerge any time soon. This Comment argues that possible governance solutions will need to come from what we currently have in the legal toolbox. In other words, existing frameworks, principles, and lessons from case law must be drawn upon and refitted to tackle some of the most salient issues caused by sand mining. This Comment aims to illustrate that even a highly fractured legal …