Law Commons^™

Public Ownership And The Wto In A Post-Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

West Virginia Law Review

No abstract provided.

The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader

West Virginia Law Review

Even casual watchers of T.V. crime dramas understand the Fourth Amendment’s exclusionary rule. Under this rule, evidence obtained by the police in a search of a criminal suspect’s premises that exceeds the scope of a judicial warrant is almost always inadmissible in the suspect’s criminal trial. The rule is designed to deter unreasonable governmental intrusion into private affairs and applies without regard for the suspect’s guilt or innocence. This Article proposes that the First Amendment includes an analogous rule against governmental censorship. Under this rule, content-based speech regulations exceed the legislature’s speech rulemaking warrant and are almost always invalid. This …

Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine

West Virginia Law Review

In granting diversity of citizenship jurisdiction to the federal courts, there is an underlying assumption that federal courts will be less biased toward out-of-state litigants as compared with state courts. While this may be true, the assumption fails to consider an important empirical question: to what extent do federal courts favor home state litigants or disfavor out-of-state litigants when deciding diversity jurisdiction cases? Relying on the Integrated Database (IDB) compiled by the Federal Judicial Center and the Administrative Offices of the U.S. Courts, we present an original, empirical analysis of diversity jurisdiction case outcomes in the U.S. districts courts from …

Homeless Residency Restrictions, Ben A. Mcjunkin

West Virginia Law Review

Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …

Table Of Contents

West Virginia Law Review

No abstract provided.

Front Matter

West Virginia Law Review

No abstract provided.

Masthead Volume 125, Issue 2

West Virginia Law Review

No abstract provided.

Emily Bremer: Women Lead 2023, Denise Wager, Office Of Public Affairs And Communications, University Of Notre Dame

NDLS in the News

Emily Bremer has emerged as a leading expert and scholar in the area of administrative law. She looks specifically at the cross-cutting rules and procedures that federal agencies are required to follow when administering the law, such as by determining Social Security benefits, licensing telecommunications companies, enforcing immigration laws, or deciding how other laws apply to individual cases.

Pov: Yes, Filling Out The Race Box On Forms Is Tiresome, But Here’S Why It Matters, Jasmine Gonzales Rose, Neda Khoshkhoo

Shorter Faculty Works

Filling out your race and ethnicity on a form may feel tiresome, and even uncomfortable. You have been checking these boxes for years, as has everyone else, and the questions may seem irrelevant.

“What does race have to do with my doctor’s appointment?” you might ask. Or a form may be inaccurate: “I’m Middle Eastern, why don’t I get a box to check?” Perhaps it feels intrusive: “How is this information going to be used?” And you may wonder, “Why are we always talking about race?”

The truth is, we need to keep talking about race. Even more than we …

Redlining Reimagined: "Race-Neutral Alternatives" In The Likely Wake Of Affirmative Action, Margaret Kruzner

Duke Journal of Constitutional Law & Public Policy Sidebar

For a decade, Justice Clarence Thomas has sharply criticized the Court's treatment of affirmative action, the race-conscious university admissions processed used to pursue the educational benefits associated with diverse classrooms. Calling affirmative action a "faddish theory" that the "Constitution abhors," Justice Thomas signaled his readiness to overrule Grutter v. Bollinger, which endorsed the practice in 2003.

Justice Thomas and the Court's originalist Justices have a new opportunity to strike down affirmative action in the Students for Fair Admissions litigation. Students for Fair Admissions, a non-profit organization founded by Edward Blum, is suing Harvard College and the University of North …

Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard

SLU Law Journal Online

In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.

Evidence Of Caste-Class Discrimination From A Conjoint Analysis Of Law Enforcement Officers, Margaret Boittin, Rachel S. Fisher, Cecilia Hyunjung Mo

Articles & Book Chapters

When choosing what cases to investigate, do the police discriminate on the basis of caste and class? We employ a conjoint design to evaluate biases in police officers’ preferences for investigation based on perpetrator attributes. Conducting a survey of law enforcement officers in Nepal, we find evidence of discriminatory investigation practices. Absent constraining protocols that reduce officer discretion, police officers are more likely to target offenders who are from caste-class subjugated communities. Additionally, police officers’ assessments of institutional investigatory preferences reveal caste-based considerations: officers believe the police, in general, prefer to investigate low-caste offenders over high-caste offenders. They do not, …

Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain

Duke Journal of Constitutional Law & Public Policy Sidebar

Moore v. Harper tasks the Supreme Court with considering a fringe legal idea known as the Independent State Legislature Theory (ISLT). Donald Trump gave ISLT new life by invoking the theory during his attempts to overturn the results of the 2020 election. Instead of presidential elections, the litigation in Moore concerns congressional elections and partisan gerrymandering. Were the Court to accept ISLT, the theory would render states effectively impotent to curb gerrymandering and would aggrandize the Court's authority in federal elections. Scholars have recognized the theory's threat to American democracy and have accordingly produced a detailed record debunking the ISLT. …

Fighting The Illicit Antiquities "Artworld": A Critical Approach To The Heritage Laws Of Guatemala, Irene Marti Gil

LSU Doctoral Dissertations

This dissertation examines the suitability of the legal framework for the protection of cultural heritage in Guatemala, which is the country of origin for over thirty percent of the Maya objects traded in the antiquities market, and proposes strategies that improve the effectiveness of the law. To examine the heritage laws enforced by the Republic of Guatemala, I implement linguistic anthropological methods of qualitative research.

Discourse Analysis, Critical Discourse Analysis, and Conceptual Analysis on the national heritage policies of Guatemala reveal the existence of ontological problems regarding the conceptualization of heritage as a monolithic entity reflecting a State-led narrative with …

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.

Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.

Panelists:

• Nelson Tebbe, Cornell Law School
• Mark L. Movsesian, St. John's University School of Law
• Elizabeth Reiner Platt, Columbia Law School
• Giselle Klapper, Sikh Coalition

Click here to view the flyer.

Should Canada’S Expansion Of Its Medical Assistance In Dying Program Concern Americans?, Tova Wolkenstein

Cardozo International & Comparative Law Review (CICLR) Blog

After suffering from severe chronic back pain and fearing losing his home, 54-year-old Canadian Amir Farsoud applied to Canada’s Medical Assistance in Dying program (MAID) to alleviate the stresses of his life. Farsoud is just one instance of an individual choosing to die with a physician’s help under the new criteria of MAID. As Canada is America’s “neighbor to the North,” the expansion of physician-assisted suicide there might be a canary in the coal mine as to what will happen in the United States, unless there is an active pushback to stop it.

This post was originally published on the …

The Rise Of Virtual Talent, Frances Bandas

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

As web3 and the metaverse expand, casting horizons have broadened to allow virtual talent to participate in the fashion and entertainment industries. The use of digital avatars in the fashion industry, for one, is reported to be “all the rage.” A case in point: the fashion industry ushered in its first Metaverse Fashion Week (“MVFW”) in March of last year. Tommy Hilfiger, Etro, Selfridges, Dolce & Gabbana, Guo Pei, and Paco Rabanne, among other brands, participated in the launch. The second annual MVFW is scheduled to return in March of this year, promising events that include runway shows, exclusive wearable …

The Fame Center, Sports Law Society Host “50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics”, Benjamin N. Cardozo School Of Law

Cardozo News 2023

To commemorate the 50th anniversary of Title IX, The FAME Center and the Sports Law Society held a virtual panel on January 30 featuring three women who advocate for change in the world of women's gymnastics. One of Title IX’s most visible impacts is the inclusion of women in sports. According to a study by the Women’s Sports Foundation, female participation in high school sports rose from 290,000 in 1972 to 3.4 million in 2019. The impact of Title IX has extended to professional athletics as well, with major advancements such as the creation of the Women’s National Basketball Association …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Develop Restorative Capacity, Don't Defund Your Safety Network, Louis L. Fletcher Phd, David Watson

National Youth Advocacy & Resilience Conference

The Executive Director of Facilities & Operations and the Director of Safety & Security for a Colorado School district with 27,000 students will share tools, techniques, and experiences, which have cultivated restorative practices (RP) in their district. The presenters will discuss the effectiveness of proactive techniques for training SROs and school security officers to provide successful restorative alternatives to traditional discipline approaches with the goal of helping participants evaluate whether getting rid of SROs versus retraining their approach to student discipline is the best alternative.

Fashion, Beauty And Retail, Cardozo Fame Center, Cardozo Fashion Law Society

2022–2023 Flyers

Cardozo's FAME Center and Fashion Law Society present a panel on mergers and acquisitions in the fashion industry.

Panelists:

• Claudine Meredith-Goujon (IP Partner at Paul, Weiss)
• Laura Turano (Corporate Partner at Paul, Weiss)

Section 230: The Legal Shield Perpetuating Algorithmic Discrimination In Big Tech, Arifa Abrahim

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

Section 230 of the Communications Decency Act shields “providers of interactive computer services” against liability arising from content generated by third parties. In a generation marked by the prolific use of social media platforms that operate on user-generated content, the immunity conferred by Section 230 endows platforms like Meta and Twitter with an implicit license to field discriminatorily-targeted ads.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on March 6, 2023. The original post can be accessed via the Archived Link button above.

An Unsustainable Process: A Proposal To Expand Work Authorization To Prospective Asylees, Gabriela Amaral

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

In 1948, the United Nations General Assembly recognized the universal right of safety from persecution for the first time in history. The Universal Declaration of Human Rights was a response to the horrors of World War II and the Holocaust and set out fundamental human rights that states ought to protect. Among them, the right to seek asylum – or safety from persecution. This right was enshrined in the 1951 Refugee Convention and again in the 1967 Protocol. The core principle of this right is non-refoulment: a refugee should not be returned to a country where they face serious threats …

Vol. 64, No. 08 (March 6, 2023)

Indiana Law Annotated

No abstract provided.

Fraud-On-The-Market Liability In The Esg Era, Kevin S. Haeberle

Popular Media

No abstract provided.

Zooming In: Analyzing Annual Meeting Format Changes Amidst A Global Pandemic, Mark T. Wilhelm, Danielle Clifford

Washington and Lee Law Review Online

Beginning in March of 2020, public companies in the United States were forced to take unprecedented measures to observe corporate formalities while following the government-mandated health and safety measures resulting from the COVID-19 pandemic. Those measures made in-person activities and meetings either incredibly challenging or, in certain jurisdictions, illegal. Because “proxy season,” the time when public companies typically hold their annual meetings of stockholders, followed shortly after the mass implementation of COVID-19 lockdowns and quarantines, public companies that had historically held these meetings in-person were left scrambling to find an alternative means to meet. Nearly overnight, the pandemic caused an …

Artificial Intelligence And The Future Of Law, Cardozo Startup Society, Cardozo Fame Center, Cardozo Law And Data Science Society

2022–2023 Flyers

No abstract provided.

Ndls Communicator: Week Of 03.06.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Women Lead 2023: Emily Bremer
• Bob Jones was quoted in an Indiana Lawyer article about a housing law report published by IU McKinney law students. The article also mentions the eviction report that ND Law clinic students recently published.
• Avishalom Tor presented his forthcoming article "The Private Costs of Behavioral Interventions," 72 Duke Law Journal (forthcoming 2023) as part of the 53rd Duke Law Journal Administrative Law Symposium.
• Mary Ellen O'Connell was one of the panelists at the Notre Dame Forum event with Cardinal Robert McElroy last week.
• Diane Desierto has published a book review on "Human …

A Compulsory Solution To The Machine Problem: Recognizing Artificial Intelligence As Inventors In Patent Law, Cole G. Merritt

Vanderbilt Journal of Entertainment & Technology Law

Artificial Intelligence (AI) is already disrupting and will likely continue to disrupt many industries. Despite the role AI already plays, AI systems are becoming increasingly powerful. Ultimately, these systems may become a powerful tool that can lead to the discovery of important inventions or significantly reduce the time required to discover these inventions. Even now, AI systems are independently inventing. However, the resulting AI-generated inventions are unable to receive patent protection under current US patent law. This unpatentability may lead to inefficient results and ineffectively serves the goals of patent law.

To embrace the development and power of AI, Congress …