Law Commons^™

Table Of Contents And Masthead, Maribeth Beyer

Pepperdine Law Review

The 2022 Pepperdine Law Review Symposium entitled, A Faster Way Home – Removing Barriers to Increase America’s Housing Supply, brought together scholars from prestigious universities and law schools, law firms, and on-the-ground community members to evaluate the barriers blocking the way to closing the nation’s housing deficit, including local opposition, cost inhibitions, zoning restrictions, and entitlements. They presented original research and findings about how the housing crisis has reached such heights because of zoning law, restrictive uses, and city board decisions. Presenting through panels and speeches, these scholars provided valuable insight into the housing crisis across the country, but especially …

The Power Of State Legislatures To Invalidate Private Deed Restrictions: Is It An Unconstitutional Taking?, Ken Stahl

Pepperdine Law Review

Over the past several years, state legislatures confronting a severe housing shortage have increasingly preempted local land use regulations that restrict housing supply in an effort to facilitate more housing production. But even where state legislatures have been successful, they now confront another problem: many of the preempted land use regulations are duplicated at the neighborhood or block level through private “covenants, conditions and restrictions” (CCRs) enforced by homeowners associations (HOAs). In response, California’s legislature has begun aggressively invalidating or “overriding” these CCRs. While many states have barred HOAs from prohibiting pets, clotheslines, signs, and flags, California has moved much …

Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr

Pepperdine Law Review

There is perhaps no area of land use law where practice departs more from legal doctrine than the realm of zoning variances. According to the legal doctrine, variances are to be granted sparingly, providing a “safety valve” that alleviates unique hardships encountered by a property owner. In practice, variances are granted at high rates—often around ninety percent of applications are approved—and, in some jurisdictions, in high volumes. In such cases, variances effectively serve as a rezoning, enabling jurisdictions to permit otherwise prohibited uses and allow growth and development to occur without addressing needed zoning reforms. By allowing neighbors the opportunity …

Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz

Pepperdine Law Review

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …

Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best

Pepperdine Law Review

According to its many critics, zoning bears significant responsibility for the housing crisis in America and for promoting unsustainable development patterns. Reformers argue that zoning reduces the supply of new housing and therefore drives up prices in thriving communities. Zoning also increases carbon emissions by restricting density in the urban core and promoting carbon-intensive, land-consuming, automobile-dependent sprawl in single-family suburbs. A growing chorus calls for relaxing zoning limits in order to promote growth in the urban core as a response to the twin crises of housing costs and climate change. Relaxing zoning limits will almost certainly promote growth but may …

The Ftc's Proposed Rule On Non-Competes, Heyman Center On Corporate Governance

2023 Event Invitations

Join us for a panel discussion among academics and practitioners moderated by Cardozo Professor Sam Weinstein. We'll dive into current practices with employee non-competes, what the FTC is proposing, the Commission's authority to regulate, and how the proposed rule will affect the business sector.

The Power Of The Purse: Instigating Social Change Through Strategic Municipal Bond Investments, Jenna Reifler

University of Miami Business Law Review

Municipal bonds are generally understood as mutually beneficial for both issuer and holder—they allow cities to secure capital for local improvements and investors to earn reliable and tax-exempt profits. It turns out, however, that the lack of disclosure for issuing general obligation bonds presents the perfect camouflage for cities to secure funding despite their local social responsibility inadequacies.

Cities quietly shell out millions of dollars in settlements to the victims of police-misconduct. Largely unreported and untracked, many municipalities fund such settlements through general obligation bonds, which are colloquially termed police brutality bonds. As a result, and often unbeknownst to the …

The Legal Implications Of Anti-Lgbtq+ Curriculum Laws, Isabel Ortega-Romero

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Last March 2022, Florida’s Governor Ron DeSantis passed and enacted the Parental Rights in Education Act, which then became known as the infamous “Don't Say Gay” bill. The bill bans instruction on sexual orientation and gender identity “before the 4th grade and requires such instruction to be ‘age-appropriate or developmentally appropriate.” The language of the bill itself is vague and broad and doesn’t provide clarity about the law’s compliance with non-discrimination and first amendment rights. Critics argue that the statute doesn’t define the meaning of “classroom instruction” or what constitutes “age-appropriate” or “developmentally appropriate” instruction, which leaves questions regarding the …

Taking Care Of Business: An Empirical Examination Of The Top S&P 500 Companies And Their Role As Public Health Regulators During The Covid-19 Pandemic, Megan M. O’Malley

University of Miami Business Law Review

Data from the top 15 constituents by weight on the S&P 500 is assembled to identify trends among the policies these companies implemented in the United States during the COVID-19 pandemic. Some policies were fairly consistent across the board, especially in regard to remote work opportunities and health and safety measures for essential and/or in-person employees. Other policies, including vaccination requirements and vaccine incentives, varied across and within industries. Some companies that were examined went beyond the relevant federal, state, or local requirements in effect at the time, while other companies pushed back against public health guidance.

The Failing Prison Health Care System: Texas Policy Decides That Chewing Is Not A Medical Necessity, Adeline Beattie

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The United States has the highest number of incarcerated people in the world, accounting for roughly 25% of the world's total population. Texas leads the country for total number of incarcerated individuals in a U.S. state, with 133,772 incarcerated individuals as of 2021. The American prison system acts as a magnifying glass, highlighting how egregious the consequences of America’s failing late-stage capitalist institutions can be. Perhaps one of the more glaring examples of America’s institutional failure is the prison healthcare system. Every year that a person spends in prison cuts down their life expectancy by two years. Hundreds of incarcerated …

Mmu: 04/03/23–04/09/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

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Commons Daily Menu

General Announcements

NDLS Faculty & Staff Spotlights: Ann Kiley

1L of the Week: Sage Yang

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Sport Report by Stephen Nugent

Tim's Corner

Vol. 64, No. 11 (April 3, 2023)

Indiana Law Annotated

No abstract provided.

Overseas Primary Listing: U.S. Stock Markets As A Global Hub For Ipos?, Carlos Ragazzo, Rafael Costa

University of Miami Business Law Review

Between 2007 and 2021, several South American companies carried out IPOs outside their home countries, with the subsequent overseas primary listing of their shares on U.S. stock exchanges. The acceleration of this trend from January 2018 (with the IPO of PagSeguro Digital Ltd. on the New York Stock Exchange—NYSE) is not explained solely by the possibility of adopting dual-class shares structure for companies listed on U.S. stock exchanges. In this sense, factors such as: (1) biases and subjectivities in the decision-making process; (2) cultural proximity and history of successful precedents; (3) better valuation in comparison with local markets; and (4) …

Vol. 64, No. 11 Addition (April 3, 2023)

Indiana Law Annotated

No abstract provided.

Web3 And Adr: Is Decentralized Adr The Answer To Blockchain Dispute Resolution?, Avi Kafka

Cardozo Journal of Conflict Resolution (CJCR) Blog

We live in a new digital reality. Along with new Web3 foundational technologies and uses like blockchain, DAOs, and the metaverse, new kinds of conflicts arise that courts are not properly situated to handle. With these new technologies come important theoretical and practical discussions on ADR concerning blockchain and smart contracts.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 3, 2023. The original post can be accessed via the Archived Link button above.

Feminism Between Mythologies And The Law, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore

LSU Master's Theses

The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St. Thomas Aquinas because its central element—a doctrine of natural rights—is a departure from Aquinas’s natural law teaching. In support of these claims, the present work relies upon the scholarship of Ernest L. Fortin, A.A. Following Fr. Fortin, it presents an understanding of the natural law that endorses a clear distinction between natural right and natural rights—between premodern political philosophy and modern political philosophy.

A Discussion Of Moral Rights And The Visual Artist's Right Act, Cardozo Art Law Society, Cardozo Fame Center

2022–2023 Flyers

No abstract provided.

Federalist Society General Body Meeting, Cardozo Federalist Society

2022–2023 Flyers

No abstract provided.

The Ftc's Proposed Rule On Non-Competes, Heyman Center On Corporate Governance, Samuel N. Weinstein, Michael E. Herz, Myriam E. Gilles, Richard Pierce, Maria Cáceres-Boneau

2022–2023 Flyers

No abstract provided.

Cardozo Faculty/Student Public Service Auction, Benjamin N. Cardozo School Of Law

2023 Event Invitations

Join MC's Dean Melanie Leslie, Professor Michael Pollack and Professor Saurabh Vishnubhakat for what promises to be a terrific and fun night!

Ndls Communicator: Week Of 04.03.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law enhances Loan Repayment Assistance Program
• Professor Paolo Carozza testifies before Inter-American Court of Human Rights
• .ND LAMB co-sponsors 10th University of Lucerne Law and Economics Conference
• .Christine Venter gave the Judy Stinson Lecture at ASU Law where she presented her award-winning paper Dissenting from the Bench: The Performative Jurisprudence of Ruth Bader Ginsburg and Antonin Scalia, which was recently published in the Wake Forest Law Review.
• Nicole Garnett was quoted in the The Tablet article, "Oklahoma Dioceses Hoping for Green Light on First U.S. Religious Charter School."
• Diane Desierto was a panelist for The Brooklyn …

Good Newsletter April 3, 2023, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

The Environmental Impact Of Russia's War In Ukraine, Benjamin N. Cardozo School Of Law, Cardozo Environmental Law Society

2022–2023 Flyers

No abstract provided.

Bolsonaro: Extradition And The Limits Of The Political Exception Doctrine, Allison Herstic

Cardozo International & Comparative Law Review (CICLR) Blog

Former Brazilian President Jair Bolsonaro’s recent move to Florida represents a potential clash between the immunity afforded to former political leaders and the notion of extradition – a treaty-based obligation to return individuals charged with offenses to their home country.

This post was originally published on the Cardozo International & Comparative Law Review on April 3, 2023. The original post can be accessed via the Archived Link button above.

Law Of Art, Law Of War: The Legacy Of The Law Of War In International Cultural Property Law, Richard G. De Schweinitz

Cardozo International & Comparative Law Review (CICLR) Blog

Issues of international art law tend to center on the restitution of lost works of art to their owners across borders. Wars today engender many disputes over rightful ownership; but historically, these conflicts were decided rather simply by the law of nations. Per one Judge Croke, “all property belonging to the enemy shall be liable to confiscation”. However, one of the earliest principles of just war in the modern era was the extension of special protections to works of culture. This principle, developed in the international conflict context, evolved through a lineage of international agreements into the basis for modern …

The Uncertain Fate Of Section 230, Alissa Donovan

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At a time when the internet’s potential was almost entirely unknown, members of Congress set forth to protect the diverse discourse, cultural development, and intellectual progression that the internet promised to offer. Congress boasted that the internet and other interactive computer services “flourished” under the realm of minimal governmental regulation. Therefore, in an effort to protect the continued development of the internet and other interactive computer services—and with them, the furtherance of intellectual progression—Congress enacted 47 U.S.C. §230 (“Section 230”). Section 230 was, in part, a response to the interpretation of the Communications Decency Act (“CDA”), which was proposed to …

Reply Brief Of Appellant Deanna Thomas, Betsy Ginsberg

Amicus Briefs

Betsy Ginsberg filed a Reply Brief on behalf of Appellant Deanna Thomas.

Res Grant – An Attempt To Evaluate A New Support Instrument In The Development Of Renewable Energy Sources In Poland, Mariusz Szyrski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

As of the end of 2022, a new support instrument called an “OZE Grant”, that is, a “RES Grant” has been legally introduced in Poland. Among other things, the relevant legislation is intended to implement the objectives of the programme entitled “Replacement of heat sources and improvement of energy efficiency in residential buildings”, insofar as this measure applies to multi-family residential buildings, as well as the programme “Investments in energy-efficient housing for low- and middle-income households”. The main purpose of this study is to analyze the new legal solution meant to serve other owners (?) and managers of multifamily buildings …

Green Bonds As Debt Securities To Finance Investments In The Age Of Energy Transition, Aleksandra Pęksyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this article is to discuss the origins and legal status of Green Bonds, as well as to identify barriers and prospects for the development of this type of securities in Poland. The analysis is based on Polish and EU legal regulations as well as EU legislative plans regarding the standard of European Green Bonds, and also with regard to the existing policies in the field of the ongoing energy transition.