Law Commons^™

Policing Fiscal Corruption: Tax Crime And Legally Corrupt Institutions In The United Kingdom, Branislav Hock

Law and Contemporary Problems

No abstract provided.

50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

Click here to view the event invitation.

Justices Citing Justices, Jay D. Wexler

Faculty Scholarship

Scholars have long paid attention to how often and for what reasons Supreme Court justices cite law review articles and academic books in their opinions. More recently, a new area of scholarship has begun to look at how Justices create their own lines of “personal precedent” through not only their prior opinions but also their academic writings. At the intersection of these two areas of inquiry lies questions of how often and for what reasons Supreme Court justices cite the journal articles and books of the various justices sitting on the Court, including their own. With the exception of one …

50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics, Cardozo Fame Center, Cardozo Sports Law Society

2023 Event Invitations

In honor of 50 years of Title IX, a discussion on the legal fight for safety and transparency in the world of elite women's gymnastics.

The Cardozo School of Law's FAME Center and Sports Law Society present an in-person panel with three women advocating for change in the world of women's gymnastics. The evening will be framed around Title IX, part of the groundbreaking Education Amendments of 1972, and will include clips from Jill Yesko's documentary, Broken Trust, as well as Mary Pilon's Audible original audio series, Twisted: The Story of Larry Nassar and the Women Who Brought Him …

Foreword: Tax Evasion, Corruption And The Distortion Of Justice, Diane Ring, Costantino Grasso

Law and Contemporary Problems

No abstract provided.

Beyond Bribery: Exploring The Intimate Interconnections Between Corruption And Tax Crimes, Diane Ring, Costantino Grasso

Law and Contemporary Problems

No abstract provided.

Corruption, Tax Evasion, And The Distortion Of Justice: Global Challenges And International Responses, Lorena Bachmaier Winter, Donato Vozza

Law and Contemporary Problems

No abstract provided.

"The Producers" Of Tax Abuse: The Corrupting Effects Of Tax Laws And Tax Reliefs In The U.K. Film Industry, Lorenzo Pasculli, Stuart Maclennan

Law and Contemporary Problems

No abstract provided.

Developing A Working Model To Fight Fiscal Corruption: The Nexus At Which Tax Crimes And Corruption Meet, Pietro Sorbello, Stephen Holden

Law and Contemporary Problems

No abstract provided.

Corrupt Corporations And The Facilitation Of Tax Crimes: A Review Of The United Kingdom's Enforcement Mechanisms, Sam Bourton, Nicholas Ryder

Law and Contemporary Problems

No abstract provided.

Message Regarding Student Notes

Law and Contemporary Problems

No abstract provided.

Corporate Governance And Value Preservation: The Effect Of The Fincen Leak On Banks, Florencio Lopez-De-Silanes, Joseph A. Mccahery, Paul C. Pudschedl

Law and Contemporary Problems

No abstract provided.

Wave Your Little Hand And Whisper So Long Dearie: Proffering An Overdue Goodbye To Microunits In The Performing Arts, Amanda Joos

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Ndls Communicator: Week Of 01.30.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law Review symposium features Q&A with Supreme Court Justice Brett Kavanaugh
• Stephanie Barclay will speak at the UC Hastings Law Journal's annual symposium, "The Present and Future of Religious Freedom" on Feb 3. She will discuss the development of the Free Exercise Clause and the future of religious freedom.
• Diane Desierto has published, "Global Perspectives on Teaching International Investment Arbitration: Teaching International Investment Arbitration in the Global North and the Global South" in the Kluwer Arbitration Blog.
• Rick Garnett was also quoted in the Tablet article, "Supreme Court to Hear Case of Postal Worker Forced to …

Crispr, Like Any Other Technology: Shedding Determinism & Reviving Athens, Jon Khan

Canadian Journal of Law and Technology

This article examines current narratives surrounding CRISPR (clustered regularly interspaced short palindromic repeats) and the current Canadian treatment of this novel biotechnology. It argues that Canada’s current approach to genetic research and CRISPR appear to have succumbed to the false narrative of technological determinism. It argues that Canada must buck the narrative and alter the current status quo in two principal ways: Canada should pursue more somatic CRISPR clinical trials in humans and permit pre-clinical germline editing. To design a regulatory regime for clinical germline editing and better guidance on somatic CRISPR clinical trials, Canada should engage Deliberative Polling to …

Cardozo Law News Brief: January 27, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Alexander Reinert
• Young Ran (Christine) Kim
• Luis Carlos Calderon Gomez
• Pamela Foohey
• Jacob Noti-Victor
• Leslie Salzman
• Rebekah Diller
• Andrea Kupfer Schneider

Campus News:

• The 22nd International Advocate for Peace Award Will Be Presented to Gloria Steinem

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• 50 Years of Title IX: The Pivot to Justice in Women’s Gymnastics
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• ‘Call Me Dancer,’ a client film of the Filmmakers Legal Clinic, will be shown at the Dance on Camera …

Arce V. Sanchez, 138 Nev. Adv. Op. 83 (Dec. 22, 2022), Joe Coronel

Nevada Supreme Court Summaries

Judge Stiglich issued the opinion. The issue was of first impression and asked if under NRCP 60(b) a District court could set aside a judgment, confirming a court-annexed arbitration award.2 This would go against Nevada Arbitration Rule (NAR) 19(C) limiting post-judgment relief only to that which corrects clerical mistakes and errors.3 The court held NAR 19(C) prevents a district court from granting post -judgment relief under NRCP 60(b) in the form of setting aside a judgment confirming an arbitration award. Thus, the court remanded and reversed the district court’s judgment and gave instructions to reinstate the arbitration award.

State Of Utah, Plaintiff /Respondent Vs. Elbert John Pule, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Reply Brief of Petitioner on Writ of Certiorari

DAVID SIMPSON, SEAN REYES, Counsel for Respondent

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

State Of Utah, Plaintiff /Respondent Vs. Elbert John Pule, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Reply Brief of Petitioner on Writ of Certiorari

DAVID SIMPSON, SEAN REYES, Counsel for Respondent

DOUGLAS J. THOMPSON, JENNIFER FORESTA, Counsel for Petitioner

Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, Richard Zuroff

Canadian Journal of Law and Technology

In November of 2020, the Privacy Commissioner of Canada proposed creating GDPR-inspired rights for decision subjects and allowing financial penalties for violations of those rights. Shortly afterward, the proposal to create a right to an explanation for algorithmic decisions was incorporated into Bill C-11, the Digital Charter Implementation Act. This commentary proposes that creating duties for operators to properly select and supervise artificial agents would be a complementary, and potentially more effective, accountability mechanism than creating a right to an explanation. These duties would be a natural extension of employers’ duties to properly select and retain human employees. Allowing victims …

If A Machine Could Talk, We Would Not Understand It: Canadian Innovation And The Copyright Act’S Tpm Interoperability Framework, Anthony D. Rosborough

Canadian Journal of Law and Technology

This analysis examines the legal implications of technological protection measures (‘‘TPMs”) under Canada’s Copyright Act. Through embedded computing systems and proprietary interfaces, TPMs are being used by original equipment manufacturers (‘‘OEMs”) of agricultural equipment to preclude reverse engineering and follow-on innovation. This has anti-competitive effects on Canada’s ‘‘shortline” agricultural equipment industry, which produces add-on or peripheral equipment used with OEM machinery. This requires interoperability between the interfaces, data formats, and physical connectors, which are often the subject of TPM control. Exceptions under the Act have provided little assistance to the shortline industry. The research question posed by this analysis is: …

“Do Not Ever Refer To My Lord Jesus Christ With Pronouns”: Considering Controversies Over Religiously Motivated Discrimination On The Basis Of Gender Identity, Linda C. Mcclain

Faculty Scholarship

In the by-now familiar framing “religious freedom versus LGBT+ rights,” perhaps the most visible conflicts today in the United States, and elsewhere, concern the “T”—transgender or gender identity rights. This issue of the Journal of Law and Religion includes a conversation in print between Patrick Parkinson, Laura Portuondo and Claudia Haupt, and Shannon Gilreath on this timely topic, and their contrasting perspectives mirror dimensions of the larger public controversies. Although tweets like those quoted above (by unsuccessful Republican congressional candidate Lavern Spicer) asserting that neither the Bible nor Jesus had pronouns sparked both factual corrections and comical retorts, ³ the …

Nelson V. Burr, 138 Nev. Adv. Op. 85 (Dec. 29, 2022), Isabel Causey

Nevada Supreme Court Summaries

Legal malpractice claims which arise from advice given during the drafting of an estate plan are transactional legal malpractice claims. NRS 11.207(1) provides a two-year statute of limitations for both transactional and litigation-based legal malpractice claims. However, the Court has applied a litigation-malpractice tolling rule which delays the statute of limitations until the litigation in which the malpractice occurred ends and damages are certain. This tolling rule only applies to litigation-based claims. Therefore, because estate planning is transactional the tolling rule does not apply. Instead, when a litigant files or must defend against a lawsuit occasioned by transactional malpractice, they …

Washoe Cty. Human Servs. V. Dist. Ct., 138 Nev. Adv. Op. 87 (Dec. 29, 2022), Rachel Blum

Nevada Supreme Court Summaries

The Nevada Supreme Court considered this writ of mandamus as it held substantial precedential value and was a matter of first impression. Although the controversy was moot, they decided to hear the issue, as the duration of the challenges action is relatively short and a similar issue is likely to arise in the future. Further, the Court found the matter to be important, because the issue related to the protection of Nevada children. The Court held that NRS 432B.393(3)(c) is constitutional, as it does not infringe on the due process rights of parents concerning the altering or termination of custody …

Taylor V. Brill, 138 Nev. Adv. Op. 81 (Dec. 15, 2022), Jefferson Cummings

Nevada Supreme Court Summaries

Judges are required to disqualify themselves when their impartiality might be questioned, such as if they have previously presided as judge over the matter in another court. A judge is said to preside over a matter when they have exercised some control or authority over the matter, not when they have had purely administrative contact.

Republican Nat’L Comm. V. Dist. Ct., 138 Nev. Adv. Op. 88 (Dec. 29, 2022), Savanna Bierne

Nevada Supreme Court Summaries

In a per curiam opinion, The Nevada Supreme Court denied the Republican National Committee’s (RNC) emergency writ requesting mandatory statutory compliance by the Clark County Registrar. The Court found that the RNC incorrectly interpreted Nevada election statutes and failed to demonstrate a clear legal right to the requested relief.

Nelson V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 82 (Dec. 22, 2022), Shannon Chao

Nevada Supreme Court Summaries

A law firm is not automatically disqualified based on a paralegal’s imputed conflict of interest unless there is actual disclosure of confidences or ineffective screening measures. Additionally, district courts have broad discretion in determining whether a law firm must be disqualified, and whether to hold an evidentiary hearing to determine adequacy of screening measures.

Mack V. Williams, 138 Nev. Adv. Op. 86 (Dec. 29, 2022), John Bolliger

Nevada Supreme Court Summaries

To determine if a private right of action exists for a violation of a self-executing provision of the Nevada Constitution, the court applies a three-step test. First, the court asks whether the language and history of the constitutional provision established an indication of intent to provide or withhold the requested remedy. If answered negatively, the court then considers whether the several factors set forth in § 874A of the Restatement (Second) of Torts favors the requested remedy. Third, the Court considers if any special factors counsel hesitation in the recognition of monetary damages. In this case the Nevada Supreme Court …

Las Vegas Rev. J. V. Clark Cty. Ofc. Of The Coroner/Med. Exam’R., 138 Nev. Adv. Op. 80 (Dec. 15, 2022), Ryan Edwards

Nevada Supreme Court Summaries

A District Court Judge must adequately explain a reduction of an appropriately granted award of attorney’s fees under the Nevada Public Records Act (NPRA).2 The explanation must consider the four Brunzell factors: (1) quality of the advocate; (2) the character of the work needed to be done; (3) the work performed; and (4) the result.3 Generally, the greater the amount of the reduction, the more thorough an explanation must be.