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

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fourth Judicial District Court in and for Utah County, Provo Department, State of Utah. Trial Judge Christine Johnson.

ATTORNEYS FOR APPELLANTS, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEE, Cody W. Wilson, Andrew L. Berne

29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Coastal Cities In The Southern Us Floodplains: An Evaluation Of Environmental Equity Of Flood Hazards And Social Vulnerabilities, Lubana Tasnim Mazumder

USF Tampa Graduate Theses and Dissertations

Floods are recognized as one of the most common and widespread natural hazards in the United States (US). They are responsible for uncompensated losses and damages. Furthermore, evidence suggests flooding inflicts more harm among socially vulnerable groups, incapable of withstanding hazard events, raising environmental equity (EE) and justice (EJ) concerns. Regrettably, with continuing climate change and urbanization, flooding will not subside in the future; instead, the flooding frequency and intensity will increase in many parts of the US, and the trend of disproportionate impacts will continue to rise.

Since Hurricane Katrina, a considerable amount of research has been conducted on …

Public School Teachers Who Refuse To Use Preferred Names And Pronouns: A Brief Exploration Of The First Amendment Limitations In K-12 Classrooms, Suzanne Eckes

ConLawNOW

This article focuses on whether a teacher has a First Amendment right under both the free speech and free exercise clauses of the U.S. Constitution when refusing to use a student’s preferred name or pronoun in a public school classroom. The article begins by briefly summarizing a recent case from Kansas and then examines prior precedent involving teachers’ classroom speech and teachers’ rights to freely exercise their religious rights in public schools. It then briefly highlights how these issues have been addressed in previous pronoun cases and concludes with a discussion of related constitutional issues.

Regulating A Fantasy For A Billion: Playing On A Smartphone In India, Angshuman Hazarika

UNLV Gaming Research & Review Journal

The fantasy gaming industry in India has moved forward at an unprecedented pace with limited oversight primarily based on 'self-regulation'. The absence of a clear regulatory mechanism for this industry has been highlighted in previous work, but no clear determination has been provided on how to deal with this issue. The current contribution seeks to provide a path ahead by suggesting that the government regulate the industry directly instead of an industry-operated self-regulatory framework which has had limited effectiveness till now. This suggestion has been made considering the significant size of the industry and the target demographic of the fantasy …

Abortion Rights And Federalism: Some Lessons From The Nineteenth Century United States, Kate Masur

ConLawNOW

The Dobbs decision, which gives states complete control over abortion laws, has unleashed conflicts that resemble the battles that arose when enslaved people fled slave states for free states, and enslavers, in turn, mobilized state and federal power to get them back. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has prompted frequent allusions to slavery and the antebellum United States. The history of those struggles reminds us of the corrosive impact of interstate conflict and of the importance of federal protections for freedom and individual rights. The history of the United States in the nineteenth century …

Symposium: The Future Of Reproductive Rights: Reevaluating Regional Law Reform Strategies After Dobbs, Jamie R. Abrams

ConLawNOW

This article studies the triad of 2016 social media campaigns known as “#AskDr.Kasich,” “#askbevinaboutmyvag,” and “#PeriodsforPence” to garner insights to inform the vital work of regional law reform in a post-Dobbs America. While these campaigns, each located in the regional mid-South, were motivated by restrictive state abortion bills, they uniquely positioned menstruation and women’s bodies at the center of their activism—not abortion alone. They leveraged, as a political fault line, the contradiction of these states’ governors’ perceived disgust relating to basic women’s reproductive health, relative to their patriarchal assuredness in regulating and controlling women’s bodies. In so doing, they …

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

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

The Elusive Pursuit Of Justice: Sexual Assault Survivors' Speak About Redress In The Aftermath Of Violence, Tamera Ashley Margaret Burnett

PhD Dissertations

The struggle of survivors to obtain justice after they have been sexually assaulted has been a much discussed topic in recent years. Significant attention and resources are being directed towards this issue, making academic research particularly valuable at this time. However, instead of asking how legal processes can theoretically be made better, as is the case in most of the literature on this topic, my focus has been on asking why survivors want to engage in a legal process at all. What do they get from reporting their assaults and does what the legal system offers them respond to what …

Galaxy Next Gen. V. Elhert, Order On Counterclaim Plaintiff's Motion To Compel, Kelly Lee Ellerbe

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

No abstract provided.

Silencing Students: How Courts Have Failed To Protect Professional Students’ First Amendment Speech Rights, Shanelle Doher

Washington and Lee Law Review Online

Over the past two decades, social media has dramatically changed the way people communicate. With the increased popularity of virtual communication, online speech has, in many ways, blurred the boundaries for where and when speech begins and ends. The distinction between on campus and off campus student speech has become particularly murky given the normalization of virtual learning environments as a result of the COVID 19 pandemic. In Tinker v. Des Moines Independent Community School District, the Supreme Court clarified that students retain their First Amendment rights on campus but that schools may sanction speech that materially and substantially …

A Tribute To Gerald S. "Geary" Reamey, Michael Ariens

St. Mary's Law Journal

No abstract provided.

Professor Reamey: A Mentor And A Friend, Victoria Mather

St. Mary's Law Journal

No abstract provided.

Concerning United States Constitutional War Powers, Marcus Armstrong

St. Mary's Law Journal

The United States faces a future in which the possibility of a conventional, great-power conflict is elevated. This is because of a constitutional interpretation that has altered United States constitutional war powers significantly. Specifically, the interpretation gives the president the authority to initiate and escalate war or hostilities unilaterally. In this Article, I reexamine that specific historical interpretation and find it wanting. I then offer a different historical interpretation, drawing upon other contemporary writers as well as upon historical events in order to give a more complete and nuanced understanding of the context in which the early American leaders developed …

Texas Disaster Act And The Covid-19 Pandemic: The Validity Of School Mask Mandates And How The Texas Supreme Court Engaged In A Legal And Ethical Disaster, Ron Beal

St. Mary's Law Journal

No abstract provided.

Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu

St. Mary's Law Journal

This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …

Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

Both law-making and legal interpretation involve a hermeneutic process of negotiating prejudices. Through confronting a text and engaging in the process of question and answer, an interpretation is obtained, representing a mixture of the legal horizon set by the law and the negotiated prejudices of the interpreter. A just application of legal texts only occurs due to the prejudices formed through an individual and a social consciousness. This Article focuses on the hermeneutic process in judicial decisions as exposed by differing judicial approaches based on the degree of law-making authority undertaken by the judiciary. Then, this Article demonstrates the explicit …

The "Catch-22" Of Amazon's Argument To Function As An Auctioneer: The Implied Warranty Of Merchantability, Kyle A. Batson

St. Mary's Law Journal

No abstract provided.

Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely

St. Mary's Law Journal

No abstract provided.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

Click here to view the event invitation.

Intraschool Negotiation Competition 2023, Cardozo Adr Competition Honor Society

2022–2023 Flyers

No abstract provided.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society (Csls)

2022–2023 Flyers

No abstract provided.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society

2023 Event Invitations

Our distinguished panel will highlight the years of discrimination lawsuits and the fight for equal pay in women's soccer, which includes the recent $24 million settlement won by the U.S. Women's National Team. With the 2023 World Cup on the horizon, this event is not to be missed.

Moderator:

• Kim Turner, Director, Gender Equity Initiative at Positive Coaching Alliance

Panelists:

• Jeanifer Parsigian, Partner, Winston & Strawn, LLP
• Abby Greensfelder, Producer of LFG, Founder & CEO of Everywoman Studios
• Jayma Meyer, Counsel, Simpson & Thacher

Click here to view the flyer.

The Nrla, Llc, Appellant/ Cross-Appellee, V. Grimmer & Associates, Pc, Appellee / Cross-Appellant: Appellant's Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Judge Kent Holmberg, Case No. 220901118

Richard D. Burbidge, Esq., Carolyn LeDuc, Clancy S. Henderson, Burbidge | Mitchell, Attorneys for Grimmer & Associates

Cameron M. Hancock,, Rod N. Andreason,, Justin W Starr,, Adam D. Wahlquist, dacob A. Green, Kirton McConkie, Attorneys for the NRLA LLC

What Were They Thinking? State Of Mind Puzzles In Insider Trading, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

Insider trading law is famously incoherent, the well-recognized product of its piecemeal creation by the judiciary rather than Congress or (with exceptions) SEC rulemaking. Asking what the insider or tippee was thinking is both a doctrinal inquiry and an expression of exasperation aimed at those whose trading doesn’t seem worth the risk. This essay seeks to situate state of mind questions as they address both reasons for asking, and to show that the case law on the subject is even more puzzling than generally thought.

The Nrla, Llc, Appellant / Cross-Appellee, V. Grimmer & Associates, Pc, Appellee / Cross-Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Judge Kent Holmberg, Case No. 220901118

Richard D. Burbidge, Carolyn LeDuc, Clancy S. Henderson, Attorneys for Grimmer & Associates

Cameron M. Hancock, Rod N. Andreason, Justin W Starr, Adam D. Wahlquist, Jacob A. Green, Attorneys for the NRLA LLC

4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan

Sustainable Development Law & Policy

Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …

Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer

Sustainable Development Law & Policy

National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being …