Law Commons^™

Markets As Legal Constructions, Gregory Brazeal

University of Cincinnati Law Review

Since at least the late 1970s, popular political and economic debates in the United States have often been framed in terms of a choice between “government” and “the market.” In addition, debates have often assumed that “the market” is associated with freedom while government “regulation” or “interference in the market” constitutes oppression.

This article begins by making the familiar observation that the distinction between “government” and “the market,” at least when taken at face value, makes no sense. Even idealized laissez-faire markets are creatures of the state and its market-structuring laws, including criminal law and the laws of property, contracts, …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa R. Lee, Robert S. Chang, Fred T. Korematsu Center For Law And Equality, Teamchild, Washington Association Of Criminal Defense Lawyers

Fred T. Korematsu Center for Law and Equality

In re the Personal Restraint of Keonte Smith, Petitioner.

Core And Periphery In Constitutional Law, R. George Wright

William & Mary Law Review Online

This paper embarks on an excursion through a number of the most vital constitutional rights cases, and other contexts as well, and seeks to show that the recurring judicial attempts to distinguish between core and peripheral areas within any given broad constitutional right are unnecessary and distracting. Intriguingly, the case for this conclusion varies significantly depending upon the nature of the general constitutional right in question. But the overall lesson is that courts should abandon their attempts to distinguish between core and peripheral areas of any given broad constitutional right. Courts should instead focus—directly or indirectly—on their best assessment of …

Brief Of Notre Dame Law School Religious Liberty Clinic As Amicus Curiae In Support Of Petitioner, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 22-741
Faith Bible Chapel International v. Gregory Tucker

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit

From the Summary of Argument

The First Amendment demands that courts refrain from intruding into disputes over a religious organization’s selection of important leaders. The ministerial exception enforces that demand. And thus, nearly every court to consider the issue has agreed: the ministerial exception promises something akin to an immunity from suit, which must be resolved early in litigation to be effective.

Cardozo Law News Brief: March 10, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Pamela Foohey
• Young Ran (Christine) Kim
• Lindsay Nash

Campus News:

• Cardozo Civil Rights Clinic's Lawsuit Against Department of Justice and the Bureau of Prisons Discussed in The Nation

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• The Rise and Regulation of Sports Gambling
• PLAYMAKERS for EQUALITY: Title IX, USWNT & Landmark Cases in Women's Soccer
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

Towards Meaningful Research And Engagement: Indigenous Knowledge Systems And Great Lakes Governance, Deborah Mcgregor, Nicole Latulippe, Rod Whitlow, Kristi Leora Gansworth, Lorrilee Mcgregor, Stephanie Allen

Articles & Book Chapters

For thousands of years, Indigenous peoples governed their relations in the Great Lakes region, guided by distinct political, legal, governance, and knowledge systems. Despite historic and ongoing exclusion of Indigenous peoples from Great Lakes governance in the Canadian context and other assaults on Indigenous sovereignty, authority, jurisdiction and responsibilities, Indigenous peoples have maintained their relationships with the Great Lakes. In recent years, Indigenous knowledge systems (IKS) have made inroads in Great Lakes governance, thanks primarily to First Nation political advocacy. However, it remains a challenge to include Indigenous knowledge and implement approaches that bridge Indigenous and Western ways of knowing. …

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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court of Utah County The Honorable Robert Lund, Case No. 210400480

Spencer MacDonald, Attorneys for Appellant

James K. Tracy, Joshua L. Lee, Steve Lundwall, Attorneys for Defendants and Appellees

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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court of Utah County The Honorable Robert Lund, Case No. 210400480

Spencer MacDonald, Attorneys for Appellant

James K. Tracy, Joshua L. Lee, Steve Lundwall, Attorneys for Defendants and Appellees

Dignity And Respect At All Times: How Federal Agencies Can Measure Up In Complying With Nagpra And Related Statutes, Catherine E. Kanatas, Maxwell Smith

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

The Fashion Industry Is Not As "Green" As It Would Like You To Believe, Ashly Riches

Duke Environmental Law & Policy Forum

No abstract provided.

Addressing Green Energy's "Resource Curse", Roger E. Meiners, Andrew P. Morriss

Duke Environmental Law & Policy Forum

Policy changes that encourage non-fossil fuel energy mean increased reliance on batteries and other technologies that must develop rapidly. This article focuses on batteries, noting that key inputs come from corrupt countries, so little of the benefits of exports flow to citizens, and many key finished mineral products come from China. The United States thereby becomes more reliant on autocratic regimes. Using cobalt as an example, this article looks at the nature of its production, the inability of the United States to shoulder its share of the environmental burden of mineral extraction and refining, and looks to previous examples of …

Outlaw Sponsors Screening Of Film About A Louisiana Law That Makes Gay Sex Work A Crime Against Nature, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo’s OUTLaw, the student organization serving LGBTQ+ law students and their supporters, sponsored a screening of an award-winning documentary that follows a group of Black trans women in New Orleans who are fighting to repeal Louisiana’s CANS (Crime Against Nature by Solicitation) law that targets LGBTQ+ people.

Access To Justice In The Southeast, Roger V. Skalbeck

Law Conference Materials

“Access to Justice in the Southeast” provides an overview of all Access to Justice Commission organizations in the Southeastern region of the United States. This guide also includes links to statewide legal information platforms, together with descriptions and links to additional region-specific efforts. The guide is supplemented with additional resources, including links to each region’s ABA Free Legal Answers site, when available. The guide was created in conjunction with the 2023 Southeastern Association of Law Libraries conference, held in Richmond, Virginia.

The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz

Newspaper Columns

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

Tidewater Fleet Supply, Llc V. Jason L. Mccard, Et. Al., Order On Defendant's Motion To Dismiss, Kelly Lee Ellerbe

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

No abstract provided.

Constitutional Demotion, Teri Dobbins Baxter

Minnesota Journal of Law & Inequality

No abstract provided.

The Continued Relevance Of Domestic Partnerships In The Post-Obergefell United States, Grace J. Anderson

Minnesota Journal of Law & Inequality

No abstract provided.

“Vancouver’S Favourite Country Music Pub,” Single Room Occupancy Hotels, And The Context Of International Frameworks: Mapping Vancouver’S Urban Law And Cultural Policy, Sara Ross

Minnesota Journal of Law & Inequality

No abstract provided.

The Applicability Of Minnesota’S Workers’ Compensation Laws To Undocumented Workers, Cedar Weyker

Minnesota Journal of Law & Inequality

No abstract provided.

Better Than Bipoc, Meera E. Deo

Minnesota Journal of Law & Inequality

No abstract provided.

Don’T Make Them Martyrs: Empowering Children In The Foster Care & Juvenile Justice Systems Through Covid-19 Vaccine Consenting Rights, Victoria Kalumbi

Minnesota Journal of Law & Inequality

No abstract provided.

Minnesota’S Mandatory Court Surcharge And The Failure Of The Fee-For-Service Criminal Justice System, Jake Polinsky

Minnesota Journal of Law & Inequality

No abstract provided.

Elevating Justice Institute Program Guide, Roger V. Skalbeck

Law Conference Materials

On March 9, 2023, the University of Richmond Law Library hosted the Elevating Justice Institute in our Moot Courtroom. The day-long event provided collaborative sessions for participants to work in conjunction with presenters to explore topics and techniques in delivering legal services. Speakers included two state judges as well as several leaders in the Access to Justice movement. More than 30 people participated in the event, including librarians, law students, judges, attorneys and a variety of advocates active in Access to Justice.

The program guide provides biographical information about Institute speakers and planners, together with visual inspiration for a creative …

Beyond The Watchdog: Using Law To Build Trust In The Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Declining trust in the American press has been longstanding and corrosive—both to our information environment and to democracy. It is tempting to think that if journalists could just repeatedly and brilliantly play their key role—that of watchdog—it might be redemptive. But doubling down on the watchdog function holds risks in our polarized climate. Research shows that some conservatives recoil from watchdog journalism, finding it too cynical and politicized.

This essay argues that a different journalistic function—one that has received far less attention and adulation from judges and legal scholars—should be encouraged and amplified. This is the press’s role as a …

Table Of Contents

Georgia Law Review

No abstract provided.

Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa

Georgia Law Review

Inequities in the distribution of healthcare are widely acknowledged to plague the United States healthcare system. Controversies as to whether anti-discrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in medical care. Yet, as this Article argues, the focus of negligence law on medical standards of care to define the boundaries of healthcare providers’ legal duty of care prevents the law from adequately deterring implicit bias and leaves patients harmed by biased treatment decisions without redress for their losses, so long …

Constitutional Text, Founding Era History, And The Independent-State-Legislature Theory, Dan T. Coenen

Georgia Law Review

One question raised by proponents of the so-called independent-state-legislature theory concerns the extent to which state courts can apply state constitutional requirements to invalidate state laws that concern federal elections. According to one proposed application of the theory, state courts can never subject such laws to state-constitution-based judicial review. According to another application, federal courts can broadly, though not invariably, foreclose state courts from drawing on state constitutions to invalidate federal-election-related state legislation. This article evaluates whether either of these positions comports with the original meaning of the Constitution. Given the article’s focus on the originalist methodology, it directs attention …

Standing On The Shoulders Of Llcs: Tax Entity Status And Decentralized Autonomous Organizations, Samuel D. Brunson

Georgia Law Review

Since the formation of the first decentralized autonomous organization in 2016, their use has exploded. Thousands of DAOs now try to take advantage of smart contracts to solve a problem that plagues business entities: the gulf between ownership and management. Armed with smart contracts and requiring token-holders to vote on any change in strategy, DAOs dispense with the management layer so necessary in traditional business entities.

DAOs owe their existence to technology. Without blockchain, without cryptocurrency, and without smart contracts, there would be no DAOs. But they owe their explosive to something much more unexpected: Treasury regulations.

In the wake …

Faithful Execution In The Fifty States, Zachary S. Price

Georgia Law Review

Amid heightened political conflict over criminal-justice policy, norms surrounding prosecutorial discretion have shifted rapidly. Under the prior mainstream approach, prosecutors exercised broad charging discretion, but generally did so tacitly and in case-by-case fashion out of deference to statutory law’s primacy. Under an emerging alternative approach, associated for the moment with progressive politics, prosecutors categorically and transparently suspend enforcement of laws they consider unjust or unwise. The federal government under President Obama employed this theory in high-profile policies relating to marijuana crimes, as well as immigration and the Affordable Care Act. More recently, a number of self-described “progressive prosecutors” have employed …