Law Commons^™

“Hey, Google, What Are The Elements Of Homicide By Vehicle In The First Degree?”: The Supreme Court Of Georgia Reinforces The Prohibition On Extrajudicial Information Considered By A Jury In Criminal Trials, Savannah Hall

Mercer Law Review

In a criminal trial, the presentation of evidence and the instruction of law to the jury are of crucial importance to ensure that a person is only convicted based upon sound understandings of the factual and legal framework under which they were charged. The complexities surrounding the rules of evidence are in place so that jurors are only allowed to consider the facts and testimony permissible under the rules of evidence, meaning it is of utmost importance for the jury to consider solely those things which a judge deems admissible, relevant, and helpful to understanding the case. However, given the …

Saying The Quiet Part Out Loud: Unenumerated Rights After Justice Thomas’S Dobbs Concurrence, Zachary Mullinax

Mercer Law Review

On May 2, 2022, an anonymous leaker released Justice Samuel Alito’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization. The opinion, dated February 10, overruled the Supreme Court of the United States’s landmark abortion rulings in Roe v. Wade and Planned Parenthood v. Casey to hold that the U.S. Constitution did not protect a right to obtain an abortion. Following vociferous criticism, the Court decided the case on June 24, 2022, issuing an opinion functionally identical to the leaked draft. Now, after decades of contrary precedent, the Fourteenth Amendment’s Due Process Clause (Due Process Clause) is interpreted …

Conflict Of Laws? Tensions Between Antitrust And Labor Law, Matthew Dimick

University of Chicago Law Review

Not long ago, economists denied the existence of monopsony in labor markets. Today, scholars are talking about using antitrust law to counter employer wagesetting power. While concerns about inequality, stagnant wages, and excessive firm power are certainly to be welcomed, this sudden about-face in theory, evidence, and policy runs the risk of overlooking some important concerns. The purpose of this Essay is to address these concerns and, more critically, to discuss some tensions between antitrust and labor law, a more traditional method for regulating labor markets. Part I addresses a question raised in the very recent literature, about why antitrust …

Losing Leverage: Employee Replaceability And Labor Market Power, Cynthia Estlund

University of Chicago Law Review

Workers’ labor market power matters enormously to their lives at work and beyond. And most workers have too little of it. This Essay highlights one underappreciated set of factors in the decline of workers’ labor market power and explores policy levers that might help to rebalance the bargaining field. This Essay begins with the fairly self-evident observation that workers’ labor market power is a product in part of the ease with which employers can replace employees. That points to the importance of several trends in the organization and technology of work—including both fissuring and automation—that make it easier for private …

Worker Welfare And Antitrust, Herbert Hovenkamp

University of Chicago Law Review

The field of antitrust and labor has gone through a profound change in orientation. For the great bulk of its history, labor was viewed by antitrust enforcers as a competitive threat. The debate over antitrust and labor was framed around whether there should be a labor “immunity” from the antitrust laws. In just the last decade, however, the orientation has flipped. Most new writing views labor as a target of anticompetitive restraints imposed by employers. Antitrust is increasingly concerned with protecting labor rather than challenging its conduct.

Antitrust interest in labor markets is properly focused on two things. The smaller …

Coercive Rideshare Practices: At The Intersection Of Antitrust And Consumer Protection Law In The Gig Economy, Christopher L. Peterson, Marshall Steinbaum

University of Chicago Law Review

This Essay considers antitrust and consumer protection liability for coercive practices vis-à-vis drivers that are prevalent in the rideshare industry. Resale price maintenance, nonlinear pay practices, withholding data, and conditioning data access on maintaining a minimum acceptance rate all curtail platform competition, sustaining a high-price, tacitly collusive equilibrium among the few incumbents. Moreover, concealing relevant trip data from drivers is both deceptive and unfair when the platforms are in full possession of the relevant facts. In the absence of these coercive practices, customers too would be better off due to platform competition, which would lower average prices by sharpening competition …

Quasi Tripartism: Limits Of Co-Regulation And Sectoral Bargaining In The United States, César F. Rosado Marzán

University of Chicago Law Review

Disproportionate employer power is at least partly responsible for the sharp increase in economic inequality in the United States, which threatens the fabric of the Republic. Workplace law reform could provide workers with an institutional source of power that countervails employer power and compresses inequality. Ideas for workplace law reform include modest ones, such as instituting “co-enforcement,” and more ambitious ones, such as “sectoral bargaining.” According to their adherents, both require tripartite arrangements where capital, labor, and government provide inputs on how to regulate work.

But can the United States, with its liberal market economy typically devoid of meaningful tripartism, …

Jane Does 1-100, Plaintiffs/Appellants V. David H. Broadbent, M.D.; Intermountain Healthcare : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE ROBERT C. LUNNEN

Karra J. Porter, Rebecca L. Hill, Anna P. Christiansen, Christian W. Nelson, Cortney Kochevar, Sean C. Miller, Kristina H. Ruedas, Attorneys for Defendant/Appellee David H. Broadbent, M.D., Eric P. Schoonveld, Tawni J. Anderson, Tucker F. Levis, Attorneys for Defendant/Appellee HСА Healthcare, Inc., dba Mountain Star Healthcare

Terence L. Rooney, Jefferson W. Gross, J. Adam Sorenson, Attorneys for Plaintiffs/Appellants

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Embracing Digital, Thomas D. Haley

North Carolina Law Review

No abstract provided.

Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray

North Carolina Law Review

No abstract provided.

Insuring Justice, Allyson E. Gold

North Carolina Law Review

No abstract provided.

Beyond Legal Deserts: Access To Counsel For Immigrants Facing Removal, Emily Ryo, Reed Humphrey

North Carolina Law Review

No abstract provided.

Goodbye To Greenwashing In The Fashion Industry: Greater Enforcement And Guidelines, Kasey A. West

North Carolina Law Review

No abstract provided.

An Unattainable Standard: Analyzing The Fourth Circuit's Approach To The State-Created Danger Doctrine, Elizabeth G. Poole

North Carolina Law Review

No abstract provided.

Don't Bet Against Mother Nature: The Changing Climate's Impact On The United States' Gaming Industry, Nicole Walsh

UNLV Gaming Law Journal

No abstract provided.

Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel

University of Richmond Law Review

Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.

To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …

Solving Slapp Slop, Nicole J. Ligon

University of Richmond Law Review

In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …

Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy

University of Richmond Law Review

Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long lurked in the shadows of the nation’s partnership formation caselaw. This Article tells the story of those undead cases—describing them, debunking them, and plotting their demise.

This zombie tale begins with the supposed black-letter law of partnership formation. In nearly every state, formation of a general partnership is governed by one of two uniform partnership acts. Under both acts, a business relationship ripens into a partnership whenever the statutory definition of partnership is satisfied. The parties’ intent to become “partners” (or not) is …

Resolving Regulatory Threats To Tenure, Joseph W. Yockey

University of Richmond Law Review

Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress.

This Article examines the growing anti-tenure sentiment among state officials and …

Era Project Faq On The Court Of Appeals Decision In Illinois V. Ferreiro, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Illinois v. Ferriero is a lawsuit filed by the Attorneys General of the last three states that ratified the Equal Rights Amendment (ERA) — Nevada, Illinois, and Virginia — asking the court to require that the ERA be officially published by the U.S. Archivist as the 28th Amendment to the Constitution. On March 5, 2021, the District Court dismissed the lawsuit on standing grounds, meaning that the three states had not shown that they suffered a legally recognized injury. The court reasoned that the Archivist’s actions have no legal effect and, as such, the states were not harmed by the …

Commentary: Nature-Based Insetting: A Harmful Distraction From Corporate Decarbonization, Nora Mardirossian, Jack Arnold

Columbia Center on Sustainable Investment

Carbon offsetting is used worldwide on a massive scale, purportedly to mitigate climate change by capturing atmospheric carbon or by increasing or protecting carbon storage. Yet, in recent years, offsetting has been increasingly criticized as a strategy that can harm Indigenous peoples and local communities, exacerbate land inequality, and, paradoxically, worsen the global climate crisis. “Carbon insetting” has emerged as an alternative approach to offsetting that localizes nature-based solutions projects and other greenhouse gas removal activities within company value chains and has been adopted by major global brands such as Nestlé, PepsiCo, and Burberry. This commentary takes a deep dive …

Ghg Accounting Methods In The Aluminum Industry, John Biberman, Perrine Toledano, Rohini Ram Mohan

Columbia Center on Sustainable Investment

Primary aluminum production is one of the world’s most GHG-intensive industries, and also one where GHG accounting methods have become the most fully developed. GHG reporting for the primary aluminum sector has largely consolidated under the International Aluminium Institute’s (IAI) guidance, although Environment Canada (EC) guidance remains active and Chinese aluminum smelters will soon additionally be required to report their emissions under the China National Development and Reform Commission’s (China NDRC) guidelines, meant to support the development of the Chinese emissions trading system. The IAI method largely follows best GHG accounting practices, but aspects of it can be improved, and …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Racial Equality, Religious Liberty, And The Complications Of Pluralism, Rachel F. Moran

UC Law Constitutional Quarterly

No abstract provided.

Microsoft's Cost-Sharing Arrangement: Frankenstein Strikes Again, Stephen L. Curtis, Reuven S. Avi-Yonah

Articles

This paper performs a forensic analysis of Microsoft Corporation’s transfer pricing cost sharing arrangement based on forensic economic analysis of public and information, including Microsoft’s SEC and foreign country regulatory filings, documents disclosed during a recent federal court trial, materials published by Microsoft, and information from former insiders interviewed for this paper, and other sources. The paper finds that Microsoft appears to have violated U.S. transfer pricing laws in 2009 and later years, in ways that caused its transfer pricing cost sharing arrangement with its Irish, Singaporean and Puerto Rican affiliates under U.S. tax laws to be invalid. However IRS …

Defamation 2.0, Cortelyou C. Kenney

Cornell Law Faculty Publications

There is a literal prohibition in the media bar that media lawyers cannot represent plaintiffs in suits for defamation. The stated principle behind this rule—a rule that can result in excommunication from the premier media law organization if it is violated—is that playing both sides of the defamation game is disloyal to traditional media actors because any chance of victory could inadvertently distort the law of defamation to increase the risk of frivolous suits against media outlets or other innocent third parties. But has the maxim finally gone too far?

Fueled by a new model where media profits are driven …

The Long And Winding Road: Diversity, Homophily, And The C-Suite Path To Becoming A Ceo, Martin A. Mccrory, George F. Dreher, Gaurav Jain, April E. Sellers

Hofstra Labor & Employment Law Journal

No abstract provided.

In Pursuit Of Balance: Vicarious Liability Doctrine In The United Kingdom And India, M.P. Ram Mohan, Sai Muraidhar K.

Hofstra Labor & Employment Law Journal

The Doctrine of Vicarious Liability is a unique exception to the principle of fault-based liability and holds persons liable for the actions of third parties. The recent verdicts in Wm Morrison Supermarkets v Various Claimants (2020) and Various Claimants v Barclays Bank (2020) by the Supreme Court of UK restricting the scope of vicarious liability through its interpretation of the akin to employment test as well as the close connection test deserves scrutiny. The Supreme Court apart from reaffirming the traditional distinction between independent contractors and employees also has limited the circumstances in which claims of vicarious liability can be …

Work Accidents: A Drama In Three Acts, Lawrence M. Friedman

Hofstra Labor & Employment Law Journal

No abstract provided.