Law Commons^™

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.

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 …

Mmu: 03/06/23–03/12/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

NDLS Faculty & Staff Spotlights

1L of the Week: Jennifer Lee

2Ls Taking Ls: Kathleen Ryan

Ask a 3L: Matt Delfino

Sport Report by Stephen Nugent

Jackie's Corner

Policing, Stories, Problems, And Solutions, Katherine Mims Crocker

Popular Media

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 …

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.

The Kinder, Gentler Irs? Where?, Harvey Gilmore

DePaul Business & Commercial Law Journal

No abstract provided.

Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham

DePaul Business & Commercial Law Journal

No abstract provided.

Avatar Mediation, John Lande

Faculty Blogs

This post speculates about how AI systems might mediate (or assist in mediation) in the not-too-distant future.

A Body Without A Soul: Why Print Still Matters In Legal Research, Mari Cheney, Heather Simmons

Articles, Chapters and Online Publications

This article argues that print still has a place in legal research pedagogy and that some materials should still be collected in print in addition to online should the budget allow for it due to five primary reasons: (1) stability of legal information; (2) context; (3) information literacy; (4) algorithm bias; and (5) the discovery of information. Since many law library budgets are shrinking, there are creative ways for online legal publishers to make online material more print-like should libraries be unable to purchase both print and online material.

Session Iiic: Political Science/History Presentation 4 - The Supreme Court’S Jurisprudence From Roe To Dobbs, Rebekah Vaughn

Life of the Scholar Multidisciplinary Conference

An explanation of why the Supreme Court overturned Roe v. Wade. The cases that preceded Roe and lead up to Dobbs. It will also explain exactly what Dobbs does.

Arbitration Clauses In The Field Of Life Science And Cannabis Law, Zachary Chaikin

Cardozo Journal of Conflict Resolution (CJCR) Blog

Federally, the Controlled Substances Act (CSA) governs the manufacture, importation, possession, and use of drugs. Cannabis is currently included on Schedule I of the CSA, which effectively prohibits profiting from its possession, cultivation, or distribution. However, this stands in direct conflict with certain state laws that expressly allow for the possession, cultivation or distribution of marijuana. California was the first state to legalize medical marijuana in 1996. Since then, medical marijuana has been legalized in 39 states and the District of Columbia. The recreational or adult-use of cannabis has been legalized in the District of Columbia and 21 states. The …

The Role Of Ethical Principles In Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans

Faculty Scholarship

Do high-tech startups benefit from developing more ethical AI? AI startups implement policies and take actions to manage ethical issues associated with data collection, storage, and usage and adapt to the norms of their industry. This paper describes these startups' ethics-related actions, including ethical AI policy adoption, and examines how these actions relate to startup performance. We find that merely adopting an ethical AI policy (i.e., a less costly signal) does not relate to increased performance. However, there is evidence that investors reward startups that take more costly preventative pro-ethics actions, like seeking expert guidance, training employees about unconscious bias, …

Cardozo Law News Brief: March 3, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Michael Herz
• Pamela Foohey
• Young Ran (Christine) Kim
• Dmytro Vovk
• Victor Wang
• Matthew Wansley

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Arts & Entertainment Law Journal Spring Symposium
• A Tribute to Professor Mitch Engler
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

No abstract provided.

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

2023 Event Invitations

The Cardozo Arts & Entertainment Law Journal is pleased to host our spring symposium: “Name, Image, Likeness: The Evolution of College Athletics.” This symposium will bring together leading scholars and practitioners to discuss the current state of “NIL,” emerging legal and policy issues, and the future of the right to publicity law for college athletes. The event will consist of a keynote address followed by two moderated panels. Professor Andrew Zimbalist will begin the event with a keynote address where he will provide an overview of “NIL,” discussing where it came from, what it is turning into, and where it …

Daoism And Design: Mapping The Conflict In Syria, Ned Beechinor Marsh, Heather S. Gregg

The US Army War College Quarterly: Parameters

In contemporary military operations, some problems are so complex they do not give way to linear solutions but require problem management instead. Combining the fundamentals of Dao De Jing philosophy with the US military design process offers a new perspective to analyze complex security problems, devise management strategies, and plan military operations. Applying this new approach to the complex security environment in Syria allows for a nonlinear mapping of long-term goals and a new perspective on relationships between key actors, environmental factors that restrict changes in the security environment, and where planners should focus their attention.

Cultivating Versatility: The Multiple Foundations Of The Law School’S Public Mission, David Sandomierski

Dalhousie Law Journal

Law schools should aspire to cultivate versatility. To accomplish this goal, the salient features of the law school should reflect three foundational intellectual pillars: a commitment to the rule of law and legal rationality, an emphasis on multiple legal process, and an appreciation for legal pluralism. Complementing these symbolically “vertical” pillars on which the law school’s activity rests are three transversal virtues that operate “horizontally” to brace the foundations. These include a commitment to critique, context, and diversity. Ultimately, legal educators should concern themselves with how they can best prepare their students for a wide range of contributions to society …

Indigenous Self-Government And Criminal Law: The Path Towards Concurrent Jurisdiction In Canada, Michael Michel

Dalhousie Law Journal

This is a special contribution that has not been peer-reviewed.

The past few decades have seen an increase in culturally responsive policies and programs aimed at ameliorating the hardship and disadvantage faced by Indigenous peoples in the Canadian criminal justice system. These policies and programs, however, operate within a criminal justice system that consistently fails Indigenous peoples. What has yet to be tried is a nation-to-nation approach to criminal law jurisdiction where Indigenous peoples have legislative authority to enact and administer their own criminal laws. This paper shows that Indigenous jurisdiction over criminal law is possible within Canada’s constitutional framework. …

Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones

Dalhousie Law Journal

This article takes as a starting point the claim that anti-Black racism permeates Canadian society and finds expression in our institutions, most notably the criminal justice system. Indeed, anti-Black racism in criminal justice and its impact on Black lives are not credibly in dispute. Thus, what should concern legal scholars is the staying power or permanence of racism. In other words, should Canadian legal scholars ‘get real’ about the intractability of race? Or can anti-Black racism be effectively confronted by developing legal and evidentiary tools designed to fix, rather than dismantle, the current system? Put another way, this article aims …

Toward Principled Background Principles In Takings Law, Rebecca Hansen, Lior Jacob Strahilevitz

Texas A&M Law Review

Oversights by lawyers, judges, and legal scholars have caused the Supreme Court’s opinion in Cedar Point Nursery v. Hassid to be deeply misunderstood. In Cedar Point, the Court rewrote much of takings law by treating temporary and part-time entries by the government or third parties onto private property as per se takings. Prior to Cedar Point, these sorts of government-authorized physical entries would have been evaluated under a balancing framework that almost invariably enabled the government to prevail. As it happens, there was a well-established rule of black letter law that California’s lawyers and amici failed to invoke …

Optional Price Discrimination, Lee Anne Fennell

Texas A&M Law Review

Price discrimination generates considerable angst. As merchants develop ever-more-powerful mechanisms for gathering and compiling information about consumers, the specter of fully personalized pricing seems to loom as an ominous threat. Yet a parallel phenomenon quietly coexists with all this distress over tailored prices: models that encourage people to voluntarily contribute, typically in varying amounts, the sums necessary to cover the fixed costs of producing particular goods and services. This Article proposes enabling customers to opt into price discrimination in a more structured way across a broader range of markets. Optional price differentiation can make markets fairer and more inclusive by …