Law Commons^™

When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso

Law Faculty Scholarship

Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.

Ndls Communicator: Week Of 01.09.23, Notre Dame Law School

NDLS Communicator

The Latest News

• John Finnis was made a Commander of the Order of the British Empire for his services to legal scholarship. Finnis is renowned throughout the world for his work in moral, political, and legal theory, and constitutional law.
• Take a look back at ND Law’s 2022 highlights — from enrolling the most diverse class in our history (36% students of color) to hosting speeches by Supreme Court justices and death penalty abolitionist Sr. Helen Prejean, as well as events like the Religious Liberty Summit in Rome.
• Mary Ellen O'Connell was quoted by the AP in a report on …

Climate Litigation: The Future Is Now, Hon. Manuel I. Arrieta

Natural Resources Journal

No abstract provided.

Routine Activities And Their Relationship To Crime Among Community Members In Ramallah And Al-Bireh, Younes Ahmed Rabee, Ayed Awad Al-Wareikat

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

The study aimed to identify the practical routine activities of individuals and their daily routine activities and their relationship with their being victims of crime, and used the qualitative descriptive approach by conducting fifty personal interviews with victims of crime of all kinds in the past years 2020 in Ramallah and A Bireh governorate, and reached The study found, notably the existence of a relationship between the practical routine activities of individuals of victims of various crimes and their occurrence in crime, and the absence of a relationship between the daily routine activities of victims of various crimes and their …

Book Review: Animal, Vegetable, Junk: A History Of Food, From Sustainable To Suicidal, Miguel A. Quintana

Natural Resources Journal

No abstract provided.

Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev

Pace International Law Review

The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …

From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan

Pace International Law Review

This article takes up the question of what strategy is to be used among different communities to eradicate corruption across borders. The debate between two legal scholars, Steven Salbu and Philip Nichols, over the viability of extraterritorial application of anti-bribery laws remains thought-provoking when we look at the effectiveness of the OECD Anti-bribery Convention or FCPA in curbing corruption. Empirical research shows that firms from countries with extraterritorial legal restrictions do not necessarily refrain themselves from paying bribes in foreign transactions. This article ties the Salbu-Nichols’ debate, ISCT, mediating institutions theory, and Pelican Gambits strategy together to structure a context …

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Los Vaqueros, Coyoteros, Y Pollos: Combating Human Smuggling Beyond The Border, Marshall B. Lloyd

Tulsa Law Review

No abstract provided.

Masthead

Tulsa Law Review

No abstract provided.

Copyright Page

Tulsa Law Review

No abstract provided.

Faculty List

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Twitter Pill To Swallow: Compelled Speech Doctrine And Social Media Regulation, Henry Meyer

Tulsa Law Review

No abstract provided.

Ihl's Reasonable Military Commander Standard And Culture: Applying The Lessons Of Icl And Ihrl, Jonathan Hasson, Ariel H. Slama

Tulsa Law Review

No abstract provided.

Modernizing Textualism: How To Better Interpret The Work Of Congress, Matthew J. Razzano

Tulsa Law Review

No abstract provided.

Cardozo Law News Brief: January 6, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Edward Zelinsky
• Saurabh Vishnubhakat
• Pamela Foohey
• Jocelyn Getgen Kestenbaum

Campus News:

• Derrick Hamilton, Deputy Director of Perlmutter Center for Legal Justice, Appears on ABA Journal Podcast

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• Class of 2023 Commencement

Disclosure And Registration Requirements In Franchising: Common Law Or Civil Perspective?, Radwa Elsaman

Tulsa Law Review

No abstract provided.

The War Powers Clause: What Is It Good For?, Daniel W. Bryce

Tulsa Law Review

No abstract provided.

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

That's Your Name, Don't Wear It Out: How Ncaa Athletes Can Avoid Crossing The Invisible Line Between Name And Brand, Claire Lenz-Dean

Tulsa Law Review

No abstract provided.

Book Review: Smokescreen: Debunking Wildfire Myths To Save Our Forests And Climate, Brenda Macías López

Natural Resources Journal

No abstract provided.

Returning Integrated Genomic Risk And Clinical Recommendations: The Emerge Study, Ellen W. Clayton, Jodell E. Linder, Aimee Allworth, Sara T. Bland, 100 Others...

Vanderbilt Law School Faculty Publications

The potential of artificial intelligence (AI) to reduce health care disparities and inequities is recognized, but it can also exacerbate these issues if not implemented in an equitable manner. This perspective identifies potential biases in each stage of the AI life cycle, including data collection, annotation, machine learning model development, evaluation, deployment, operationalization, monitoring, and feedback integration. To mitigate these biases, we suggest involving a diverse group of stakeholders, using human-centered AI principles. Human-centered AI can help ensure that AI systems are designed and used in a way that benefits patients and society, which can reduce health disparities and inequities. …

Hualapai Tribe Water Rights Settlement Act Of 2022, United States 117th Congress

Native American Water Rights Settlement Project

The purposes of this Act are—(1) to resolve, fully and finally, all claims to rights to water in the State, including the Verde River, the Bill Williams River, and the Colorado River, of— (A) the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe; and (B) the United States, acting as trustee for the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees; (2) to authorize, ratify, and confirm the Hualapai Tribe water rights settlement agreement, to the extent that agreement is consistent with this Act; (3) to authorize and direct the …

Colorado River Indian Tribes Water Resiliency Act Of 2022, United States 117th Congress

Native American Water Rights Settlement Project

This Act authorizes the Colorado River Indian Tribes to enter into lease or exchange agreements and storage agreements relating to water of the Colorado River allocated to the Colorado River Indian Tribes, and for other purposes.

Tiffany Bingham, Appellant V. George C> Gourley, Appellee : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Fourth Judicial District Court, Utah County Case No. 200401253, Judges ee McDade and Sean Petersen

Christiansen Law, PLLC Stephen K. Christiansen Kathleen M. Liuzzi M. Kelton Gardner Counsel for Appellant Tiffany Bingham

Benjamin K. Lusty (12159) Cami R. Schiel (16941) Brian P. Miller Andrew L. Roth Counsel for Appellee George C. Gourley Kirk G. Gibbs (5955) Devin H. Geier (18935) Counsel for Appellee McKay L. Platt, M.D.

Galaxy Next Gen. V. Elhert, Order On Discovery Issues, Kelly L. Ellerbe

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

No abstract provided.

Scaling Daos Through Fiduciary Duties, Alex Dolphin

BYU Law Review

DAOs (Decentralized Autonomous Organizations) are a unique type of business organization due in large part to their directly democratic governance structure. Owners of DAOs, “tokenholders,” do not delegate control to a board or a general partner. Rather, tokenholders directly control a DAO and must approve every action that a DAO takes. Because tokenholders do not delegate control to an agent, the principal-agent problem is tempered in DAOs. The principal-agent problem is the basis for the fiduciary duties that govern traditional business organizations. These fiduciary duties are meant to prevent agents entrusted with power by their principals from self-dealing. Some have …

Tiffany Bingham, Appellant V. George C. Gourley, D.O.. Mckay L. Platt, M.D., And Does I-X. Appellees. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Fourth Judicial District Court, Utah County Case No. 200401253. Judges Darold McDade and Sean Petersen

Christiansen Law, PLLC, Stephen K. Christiansen, Kathleen M. Liuzzi, M. Kelton Gardner, Counsel for Appellant Tiffany Bingham

Benjamin K. Lusty, Cami R. Schiel, Brian P. Miller, Andrew L. Roth, Counsel for Appellee George C. Gourley, Kirk G. Gibbs, Devin H. Geier, Counsel for Appellee McKay L. Platt, M.D.