Law Commons^™

To Zoom Or Not To Zoom?: Mediators’ Perspectives On Virtual Mediation, Penina Gershbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

In mediation, conflicting parties meet with a mediator, a neutral party, to help them resolve their dispute. Mediations have traditionally been conducted in person, due to the importance of nonverbal communication in the mediation process. During Covid-19, however, states issued stay-at-home orders to prevent the spread of the virus. This mandate led to mediations conducted virtually through the use of videoconferencing platforms like Zoom. I interviewed ten mediators who mediate across different areas of law to hear their thoughts on the differences between mediating virtually and in person, difficulties with mediating virtually, and if they will return to in person …

Cultural Humility When Caring For Lgbtqia+ Older Adults: A Resource Guide For Occupational Therapy Practitioners And Students, Michele Ramos, Deb Meyers, Mary Ann Smith

Spring 2023 Virtual OTD Capstone Symposium

The LGBTQIA+ older adult population has unique needs due to their experience as diverse individuals in a cisgender, heteronormative society. Experiences and effects of discrimination need to be considered when providing care. Occupational therapists have a role in addressing disparities of all marginalized groups, including LGBTQIA+ older adults. Practitioners may utilize cultural humility and trauma-informed practices when treating the LGBTQIA+ population. Existing resources to guide culturally humble occupational therapy care for LGBTQIA+ older adults are insufficient. The purpose of this project was to build on existing cultural humble resources and create a website on the focus of occupational therapy cultural …

Hiding Art In Freeports, Wendy Li

Cardozo International & Comparative Law Review (CICLR) Blog

In Tenet, one of Christopher Nolan’s time and reality bending movies, we are introduced to freeports. Robert Pattinson’s character, Neil, must steal something from a freeport and in a few scenes, through his time in the freeport’s vaults, we learn a bit on why freeports exist and what people store in them. In a tour, the guide tells Neil that clients can store anything in the freeports and the vault that they walk through holds expensive collections of paintings and artifacts. The items are “shipp[ed] to and from other freeports without customs inspection.” From there, we are brought on a …

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental, & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …

Privacy Lost: How The Montana Supreme Court Undercuts The Right Of Privacy, Kevin Frazier

Seattle Journal of Technology, Environmental, & Innovation Law

In 1972, Montanans ratified a new constitution that included a “right of privacy.” The plain text of the provision fails to express the intent of the Framers who not only intended to afford Montanans a right, but also to impose a responsibility on the State to continuously and thoroughly examine State practices in light of evolving means of invading residents’ privacy. This intent has gone unrealized despite the fact that the intent of the Framers is clear, readily available, and the primary source state courts ought to use when interpreting the Constitution. This article delves into the transcripts of the …

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental, & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …

From Hashtag To Hash Value: Using The Hash Value Model To Report Child Sex Abuse Material, Jessica Mcgarvie

Seattle Journal of Technology, Environmental, & Innovation Law

In the summer of 2021, Apple announced it would release a Child Safety Feature (CSF) aimed at reducing Child Sex Abuse Materials (CSAM) on its platform. The CSF would scan all images a user uploaded to their iCloud for CSAM, and Apple would report an account with 30 or more flagged images to the National Center for Missing and Exploited Children. Despite Apple’s good intentions, they received intense backlash, with many critics arguing the proposed CSF eroded a user’s privacy. This article explores the technology behind Apple’s CSF and compares it to similar features used by other prominent tech companies. …

A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad

Seattle Journal of Technology, Environmental, & Innovation Law

A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …

The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic, Nicholas Schroeck, Carrie Leach

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic hit communities of color hard. The City of Detroit was particularly vulnerable to COVID-19 due to racial, socioeconomic, and environmental health factors. To analyze the exacerbating role of technology and connectivity challenges on older Detroiters' health in a pandemic, we first examined Detroit’s demographics. This analysis involved looking at the continued evolution of the City's population toward older adults, as well as the impact of COVID-19 and the healthcare services on Detroit’s elder population. Next, we examined Detroit’s internet access challenges, including the presence of digital exclusion among older adults in Detroit, the impact of COVID-19 on …

Indo-Pacific Conflicts Will Be Reimagined In Outer Space Exploration, Michael Incorvaia

Seattle Journal of Technology, Environmental, & Innovation Law

This article will focus on the effects of international treaties and how they can be utilized to govern the future of outer space exploration. The discussion will include evaluating how modern changes in technology have created a need for updated outer space-specific treaties to ensure that outer space does not become a contentious zone between countries. This article will begin by exploring the developments in outer space that have created a new space race. Then, it will discuss the Indo-Pacific conflict and why the current multilateral treaty strategy that is used in the region will not be effective in outer …

Leaving Doesn't Mean Living: Analyzing The Case Of Angela Vaughn, Criminalized Survivors Of Gender-Based Violence, And International Human Rights Law, Ellie Williams

Georgia Journal of International & Comparative Law

No abstract provided.

Not Our Cup Of Tea: Why The Sec Must Regulate Spacs Differently Than The United Kingdom, Archie Wilson Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Repairing The American Education System Through Labor Reform: How German And French Works Councils Can Provide A Framework For Empowering Teacher's Unions, Jacob Koch

Georgia Journal of International & Comparative Law

No abstract provided.

What We Talk About When We Talk About Killer Robots: The Prospects Of An Autonomous Weapons Treaty, Collin Douglas

Georgia Journal of International & Comparative Law

No abstract provided.

Assemblies Of Parties To Multilateral Treaties And Their Normative Authority, Ilias Bantekas

Georgia Journal of International & Comparative Law

Assemblies of states parties to multilateral treaties are of a twofold nature: those that are active, entrepreneurial, and rally both the political and financial dimensions as well as the stakeholders of their underlying constitutive instrument and those that are content to merely serve as meeting mechanisms. Several assemblies have undertaken extensive funding campaigns, without which their mandate could not have been achieved. In turn, these progressive assemblies have made significant inroads in respect to transnational contracting and forging their limited international personality in such a way as to become credible entities in international relations. This model should be replicated in …

Jurisdictional Rule "X" In The Conflict Of Laws: Challenges Of Policy And Security In Internet Torts With Business Implications, Pontian Okoli

Georgia Journal of International & Comparative Law

No abstract provided.

One Image, One Thousand Words? Discussing The Outer Limits Of Resorting To Visual Digital Evidence In Cases Involving International Crimes, Solon Solomon

Georgia Journal of International & Comparative Law

Visual digital evidence plays a cardinal role in international law, particularly when it comes to international criminal law and the documentation of international crimes. This Article argues that resorting to visual digital evidence in cases involving international crimes should take place with cognizance of the prejudicial bias that such pieces of evidence can exert. In that sense, echoing the general impact of digital evidence on international criminal law, as stressed in the Berkeley Protocol on Digital Open Source Investigations as well as the Leiden Guidelines on the Use of Digitally Derived Evidence, this Article discusses why international courts as well …

Constitutional Human Duties, Dr. Alona Hagay Frey

Georgia Journal of International & Comparative Law

Constitutional human duties are simultaneously present and absent. Though many human duties are set forth in many constitutions throughout the entire world, modern scholarship has almost entirely excluded them from legal conceptualization. Liberalism shifted the spotlight to the individual, as an autonomous independent unit, while abandoning society. Furthermore, there is a tendency to frame constitutional human duties as “constitutional interests.” This Article suggests an innovative comparative analysis of constitutional human duties. Founded on that analysis, this Article develops a novel typology through which the characteristics of constitutional human duties are examined. The implications of various constitutional duties are explored in …

Toc, Masthead, And Dedication

Georgia Journal of International & Comparative Law

No abstract provided.

The Santa Clara, 2023-05-05, Santa Clara University

The Santa Clara

No abstract provided.

Why Are Post-Conflict Countries More Inequitable?, Claire Cole

[Archive] Belmont University Research Symposium (BURS)

Why is there continuing socio-economic inequity in post-conflict countries? Post-conflict governments are too weak to prosper and function cleanly, resorting to making deals with and allowing multinational corporations inside its system, resulting in governmental capture. Multinational corporations contribute to the disparity of wealth in post-conflict zones, often ignoring the community and partnering with the government. There is a question of whether Western and European countries actually have a humanitarian interest or self-interest in post-conflict countries. This research includes a comparative study that aims to show how foreign investment shifts during conflict, where each country scores on transparency and corruption; where …

Cardozo Law News Brief: May 5, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Mauricio Noroña
• Jacob Noti-Victor
• Young Ran (Christine) Kim
• Anthony Sebok
• Deborah Pearlstein
• Jessica Roth

Campus News:

• Gothamist and WNYC Cover Work of Professor Mauricio Noroña and Immigration Clinic Students to Bring NY Man Deported 20 Years Ago Back to U.S.

Events:

• Class of 2023 Commencement

Senior Day 2023, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 5, 2023 University of Michigan Law School Senior Day.

Rojas Reflects On Law School During A Pandemic, James Owsley Boyd

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

During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.

How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Aaron L. Sampson, Plaintiff / Appellant V. Hb Boys, Llc, Defendant / Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Utah, Case No. 210900310 CR, the Honorable Robert Faust

Robert L. Janicki, Michael L. Ford, Attorneys for Defendant / Appellee HB Boys LC

Gregory W. Stevens, Attorney for Plaintiff / Appellant Aaron L. Sampson

Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Aclu V. Clearview Ai, Inc.,, Isra Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Texas’ War On Social Media: Censorship Or False Flag, Leni Morales

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.