Law Commons^™

Does Mitochondrial Replacement Therapy Violate Laws Against Human Cloning?, Kerry L. Macintosh

Faculty Publications

All human beings have mitochondria within their cells that produce energy.1 Most of us inherit healthy mitochondria through the eggs of our mothers,2 but some of us are not so lucky. Mutations in mitochondrial DNA (mtDNA) can cause these tiny organelles to function improperly and disrupt tissues that require a lot of energy, like the brain, kidney, liver, heart, muscle, and central nervous system.3 For example, a specific mtDNA mutation induces Leigh syndrome, a condition in which seizures and respiratory failure lead to decline in mental and motor skills, disabil- ity, and death.4 Mitochondrial replacement therapy (MRT) offers a solution …

Special Program On Financial Services Law, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

April 11, 2023

Let The Right Ones In: The Supreme Court's Changing Approach To Justiciability, Richard L. Heppner

Law Faculty Publications

The power of federal courts to act is circumscribed not only by the limits of subject matter jurisdiction, but also by various justiciability doctrines. Article III of the Constitution vests the judicial power of the United States in the Supreme Court and such inferior courts as Congress creates. That power is limited to deciding cases and controversies. It does not permit federal courts to provide advisory opinions when there is not a real dispute between the parties. Based on that constitutional limit, and related prudential concerns, the Court has developed a variety of justiciability requirements limiting which cases can be …

40th Edith House Lecture With Lisa Monaco, Lisa Monaco

Edith House Lectures

The Georgia Association for Women Lawyers UGA Chapter hosted the 40th Edith House Lecture on April 11, 2023 featuring Lisa O. Monaco, the 39^th Deputy Attorney General of the United States.

This event was for members of the law school community only and was moderated by student leaders Madison Tucker and Kate Grier.

The Edith House Lecture is sponsored by the Georgia Association for Women Lawyers UGA Chapter (formerly the Women Law Students Association), in honor of one of the first female graduates of the School of Law. House, a native of Winder, Georgia, was co-valedictorian of the law …

What Doesn’T Kill You Makes You Stronger: The Shifting Strategies Of Japan’S Yakuza In Response To Economic Globalization And Securitization, Benjamin P. Murkison

Honors College Theses

The Yakuza in Japan is a deeply traditional and infamous ethnic mafia, which has historically based their profits off of the protection of gambling rings and street vendors, but have developed into one of the most sophisticated and wealthy criminal institutions in the world. Reaching their peak in the 1960’s with around 200,000 members, the Yakuza has been in a slow decline ever since. However, the past decade has seen the most dramatic drop in Yakuza numbers in recorded history, as a result of increasing securitization by the Japanese state. As their power has declined within Japan, they have only …

Critical Collections: Bringing A Critical Eye To Law Library Collection Development, Nicholas Norton

Cornell Law Librarians' Publications

Law schools throughout the United States are considering strategies to embed the concepts of antiracism, diversity, equity, and inclusion into legal education. How does the work of their law libraries intersect with this effort? One potential point of intersection is through law library collection develpment. This article offers an overview of strategies to both curate and bolster representation of diverse voices in an academic law library collection using the theories of critical legal information literacy and epistemic injustice.

The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Junction Market Fairview, L.C., Plaintiffs/Appellees V. Manmohan Grewal, Defendants/Appellants: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS BY THE SIXTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE WALLACE A. LEE

Alan L. Smith (USB. No. 2988) Attorney and Counselor at Law Attorney for Plaintiffs/Appellees

Jared L. Anderson (USB. No. 8140) ANDERSON, FIFE & MARSHALL, LC Attorney for Defendants/Appellants

North Atlanta Vascular Clinic V. Dr. Thomas Matthews, M.D., Order On Cross-Motions For Summary Judgment, Eric A. Richardson

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

No abstract provided.

North Atlanta Vascular Clinic V. Dr. Thomas Matthews, M.D., Order On Cross-Motions For Summary Judgment, Eric A. Richardson

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

No abstract provided.

Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill, Chloë Driscoll

SLU Law Journal Online

The proposed Clean Slate Bill, or Missouri House Bill 352, aims to create an automatic expungement process for eligible individuals in Missouri. Less than one percent of eligible Missourians have had their records expunged under the current system, creating what is known as an “uptake gap” that unfairly perpetuates barriers to housing, employment, and education. In this article, Chloë Driscoll advocates for the passage of the Clean Slate Bill, explaining the problems with the current expungement system and the benefits of closing the uptake gap.

Mmu: 04/10/23–04/16/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Morgan Rubino

2Ls Taking Ls: Lizzy Forzley

Ask a 3L: Emma Hildebrand

Jackie's Corner

Vol. 64, No. 12 (April 10, 2023)

Indiana Law Annotated

No abstract provided.

Junction Market Fairview, L.C., A Utah Limited Liability Company, And Bluecap Investment Group, L.C., A Utah Limited Liability Company, Plaintiffs/Appellees V. Manmohan Grewal, An Individual, And Lippa Grewal, An Individual, Defendants/Appellants : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS BY THE SIXTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE WALLACE A. LEE

Alan L. Smith, Attorney for Plaintiffs/Appellees

Jared L. Anderson, Attorney for Defendants/Appellants

The Texas Second Chance Non-Disclosure/Sealing Gap, Colleen Chien

Faculty Publications

Texas Gov. Code Chap. 411 allows individuals whose criminal records meet certain conditions to non-disclose or seal their records. Ascertaining, then applying the law to the criminal profiles of Texans with convictions or deferred adjudications, as reflected in the Texas Computerized Criminal History System database (CCH) obtained from the Texas Department of Public Safety (described in Appendix B), as well as a sample of 2,362 criminal histories, and then 4 extrapolating to the estimated population of 4.8M individuals in the state with conviction records and estimated population of 7M individuals in the state with any record we estimate the share …

The Financial Impact Of Lost Licenses In Texas, Colleen Chien

Faculty Publications

No abstract provided.

The Local Pages Of Nevada, Llc, Plaintiff/Appellant V. Plumb Line Mechanical, Inc., Defendant/Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Honorable Laura Scott, District Court Judge

Jordan K. Cameron, Attorneys for Appellee Plumb Line Mechanical Inc.

D. Scott Crook, Attorneys for Appellant The Local Pages of Nevada LLC

440 North Sf, Llc, Plaintiff And Appellant, V. Vista Heights Investments, Llc,, And Sii Megadiamond, Inc., Defendants And Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT FOR UTAH COUNTY, STATE OF UTAH Trial Court Case No. 210400480 Honorable Robert Lund

Spencer Macdonald, Attorney for Appellant

Barney Madsen, Steve Lundwall, James K. Tracy, Joshua Lee, Attorney for Appellees

440 North Sf, Llc, Appellant V. Vista Heights Investments: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT FOR UTAH COUNTY, STATE OF UTAH Trial Court Case No. 210400480 Honorable Robert Lund

Spencer Macdonald (10243) ARTIFEX LAW, LLC

Barney Madsen (4626) FILLMORE SPENCER, LLС

Ndls Communicator: Week Of 04.10.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Law students from Ukrainian Catholic University learning at Notre Dame this spring
• Spring break course brings students to London to learn about international capital markets
• Panelists share insights on Carson v. Makin and the legal landscape for school choice
• Marcus Cole was recently inducted as a Fellow into the American College of Bankruptcy at a ceremony on March 24.
• Fr. John Paul Kimes was quoted by First Things in the article, "Attacks on the seal of the confessional."
• Sam Bray was quoted by the New York Times in the article, "With dueling rulings, abortion pill cases appear …

Junction Market Fairview, L.C., A Utah Limited Liability Company, And Bluecap Investment Group, L.C., A Utah Limited Liability Company, Plaintiffs/Appellees V. Manmohan Grewal, An Individual, And Lippa Grewal, An Individual, Defendants/Appellants : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

APPEAL FROM ORDERS BY THE SIXTH JUDICIAL DISTRICT COURT, HONORABLE JUDGE WALLACE A. LEE

Alan L. Smith, Attorney for Plaintiffs/Appellees

Jared L. Anderson, Attorney for Defendants/Appellants

Cardozo Aelj Then And Now Interview Series: Emily Faro, Cardozo Law Class Of 2021, Emily Faro

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Emily Faro, Cardozo Law Class of 2021, is an Associate at Reed Smith. Emily’s practice focuses on entertainment and media, advertising, marketing, data privacy and security, and corporate transactions. Emily was a Staff Editor on Volume 38 of the Cardozo Arts & Entertainment Law Journal, and her Note, Entertainment Consolidation, Content Monopolies, and the Future of Information, was published in Volume 39, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.

Legislative Interpretation No. 748: Examining The History And Future Of Taiwan’S Same-Sex Marriage Law, Chang, Cara

Santa Clara Journal of International Law

Taiwan has always had two advantages that increased the odds of passing a same-sex marriage law: the political empowerment of women, and a strong economy characterized by balanced development. However, Taiwan is also part of the conservative Confucian cultural milieu of East Asia, a force that has often made it hard for the gender equality movement to gain traction — although interestingly, Confucius believed and taught that it is marriage that lies at the foundation of government.

This paper examines the history leading up to the 2017 and 2019 legalization of same-sex marriage in Taiwan, a “first in Asia,” as …

Cardozo Mourns The Death Of Benjamin B. Ferencz, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo School of Law and Yeshiva University mourn the passage of Benjamin B. Ferencz, the last surviving prosecutor of the Nuremberg trials and a deeply passionate supporter and friend of Cardozo Law School and its students, who died on April 7 at an assisted living facility in Boynton Beach, Fla. He was 103.

Note: Conflicting Common Law: Application Of The Self-Incrimination Clause As Applied To Smartphone Technology, Andrew Meena

ConLawNOW

This essay discusses the murkiness in the law regarding the application of the Self-Incrimination Clause as it relates to modern technology of smartphones. It evaluates the pros and cons of a judicial solution to the existing conflict against a legislative solution. Rather than through regulation or statutory reform, the focus will be on the need for a contemporary judicial interpretation of the Self-Incrimination Clause in furtherance of the common law tradition that spawned the first understandings of the Fifth Amendment. Ultimately, this examination will call upon the Supreme Court to craft a modern application of the Self-Incrimination Clause by holding …

Chilling Climate Change Disclosure: The Enabling Role Of Corporate Counsel In Management Misstatements Of Esg Matters, J. Robert Brown Jr., Eli Wald

Sturm College of Law: Faculty Scholarship

Regulation of Environmental and Social Governance (ESG) disclosure is necessary to ensure investors receive the information they want to have. Fortunately, the Securities and Exchange Commission (SEC) is considering adopting ESG rules. Unfortunately, such rules, if adopted, are likely to be ineffective. New ESG disclosure rules are going to fail for the same reason periodic disclosure rules have been ineffective: managers of publicly-traded companies systematically escape liability for failure to disclose material information to investors. Management escapes liability by pressuring securities lawyers to erroneously advise the companies that material information need not be disclosed, only to then turn around and …

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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Judge Robert Faust, District Court No. 210900310

Gregory W. Stevens, Attorneys for Plaintiff/Appellant Aaron A. Sampson

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

Adolescent Use And Co-Use Of Tobacco And Cannabis In California: The Roles Of Local Policy And Density Of Tobacco, Vape, And Cannabis Retailers Around Schools, Georgiana Bostean, Anton M. Palma, Alison A. Padon, Erik Linstead, Joni Ricks-Oddie, Jason A. Douglas, Jennifer B. Unger

Sociology Faculty Articles and Research

Adolescent tobacco use (particularly vaping) and co-use of cannabis and tobacco have increased, leading some jurisdictions to implement policies intended to reduce youth access to these products; however, their impacts remain unclear. We examine associations between local policy, density of tobacco, vape, and cannabis retailers around schools, and adolescent use and co-use of tobacco/vape and cannabis.

We combined 2018 statewide California (US) data on: (a) jurisdiction-level policies related to tobacco and cannabis retail environments, (b) jurisdiction-level sociodemographic composition, (c) retailer locations (tobacco, vape, and cannabis shops), and (d) survey data on 534,176 middle and high school students (California Healthy Kids …