Law Commons^™

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UC Law Business Journal

No abstract provided.

Rules And Laws For Civil Actions 2023, Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

Legal Issues Surrounding Veto Use And Aggression, Jennifer Trahan

Case Western Reserve Journal of International Law

No abstract provided.

Interagency Litigation Outside Article Iii, Adam Crews

Connecticut Law Review

For over seventy years, the Supreme Court has said that a justiciable controversy can exist when one agency in the federal executive branch sues another. Although this raises intuitive concerns under both Article II (relating to presidential control) and Article III (relating to standing), scholars and judges have paid scant attention to the constitutional foundation for interagency litigation. Of those who have explored the topic, defenders and opponents alike agree on one thing: the foundation—or lack of one—depends on Article III’s case-or-controversy requirement.

That is mistaken. A better approach to understand interagency litigation is to step outside Article III and …

The Language Of Record: Finding And Remedying Prejudicial Violations Of Limited English Proficient Individuals’ Due Process Rights In Immigration Proceedings, Anna C. Everett

Connecticut Law Review

In immigration court proceedings, court interpreters interpret only those statements made directly to and by the limited English proficient (“LEP”) party. Thus, LEP individuals can only understand what is being spoken to them, not what is being asserted about them. In asylum interviews, applicants must provide their own interpreter, and failure to do so may result in an applicant-caused delay and, ultimately, a denial of work authorization. In immigration proceedings, the LEP party’s livelihood, family unity, and freedom from persecution and death are at stake. The message that the U.S. legal system makes clear is that it does not value …

Different Bells For Different Wethers: Random Sampling And Other Bellwether Selection Trends In Products Liability Mdls, Felipe Villalón

Connecticut Law Review

When the Judicial Panel on Multidistrict Litigation (JPML) transfers pools of thousands of similar cases pending in different districts to a single district court pursuant to 28 U.S.C. § 1407, the transferee judge needs a speedy and effective means of resolving these multidistrict litigations, or MDLs. Some MDLs, especially those involving products liability claims, are enormous, consisting of tens of thousands or even hundreds of thousands of claims. The MDL statute, however, limits the transferee court’s power to pretrial proceedings. Judges managing MDLs will promote settlement by fast-tracking several cases for trial, either in their own district (if they have …

The Right To Personality: Navigating The Brave New World Of Personality-Altering Interventions, Christopher S. Sundby

Connecticut Law Review

As neuroscience progresses, policy makers will have an increasing arsenal of behavior-modifying interventions at their disposal to deploy in the hopes of reducing recidivism and making the criminal justice system more rehabilitative. While these interventions are promising, they also can pose grave risks to individual liberty interests that are insufficiently acknowledged, much less protected, by current jurisprudence. Specifically, the current legal regimes and proposed alternatives either fail to identify the nature of the liberty at stake by overly focusing on physical side effects to the exclusion of thought- and personality-altering side effects, reject completely the potential for these interventions to …

How Do Japanese Clients View Their Lawyers -- And How Did Those Views Change Over The Decade Between Surveys? [Bengoshi Ni Taisuru Soshōtōjisha No Hyōka – 10nen De Hyōka Wa Dou Kawatta Ka], Daniel H. Foote

Chapters in Books

A central component of the Civil Litigation Behavior Research Project (2003-2008) and the successor Civil Litigation Research Project (2016-2020) was a set of surveys of litigants in civil cases.1 For comparison purposes, each project also included a survey of the general public, containing a number of identical or similar questions. Among the many aspects of the litigation experience covered in the surveys, several questions focused on the lawyer-client relationship. These included questions about access to lawyers, advice by lawyers, and client evaluations of and level of satisfaction with the lawyers who represented them. After briefly examining some of the ways …

Charging Time, Pamela R. Metzger, Janet C. Hoeffel

Faculty Journal Articles and Book Chapters

On the verge of his 1,000th day in an El Paso, Texas jail, Robert Antonio Castillo was still waiting for a prosecutor to formally charge him with a crime. Mr. Castillo is one of thousands of people across the country who are arrested and jailed for weeks, months, and even years without charges. In one year in New Orleans, 275 people each spent an average of 115 days in jail only to have the prosecution decline all charges against them. Together, these men and women spent 31,625 days in one of the nation’s most dangerous jails, with no compensation for …

Self-Defense Exceptionalism And The Immunization Of Private Violence, Eric Ruben

Faculty Journal Articles and Book Chapters

After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on “Stand Your Ground” policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse’s case reflects a different, more extreme way that the law governing defensive force is changing. In particular, advocates and legislators say that private citizens like Rittenhouse who exercise self-defense should be entitled to immunity—an exemption from prosecution—giving them an extraordinary procedural benefit not attaching to other defenses that are adjudicated …

Resilience Grammar: A Value Sensitive Design Method For Resilience Thinking, David G. Hendry, Batya Friedman

Tech Policy Lab

The resilience grammar is a method for bringing a value sensitive design sensibility to resilience thinking. The method provides a systematic process for researchers, designers, and policymakers to identify and trace resilience pathways in the context of real world responses to stressors and obstacles. The grammar is composed of seven statement types, which bring forward aspects of resilience. Each statement type is composed of a connecting phrase and an element, in the form of “resilience connecting-phrase .” In this report, we define each statement type in the resilience grammar, provide two brief illustrations of the grammar in action, and conclude …

Tattoos, Norms, And Implied Licenses, Aaron Perzanowski

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

The Ethics Of Abortion Ban Exceptions: Is The “Life-Threatening” Exception Threatening Lives?, Mary E. Fleming

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

The Battle For The Soul Of The Gdpr: Clashing Decisions Of Supervisory Authorities Highlight Potential Limits Of Procedural Data Protection, Jordan Francis

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Ai Tools For Lawyers: A Practical Guide, Daniel Schwarcz, Jonathan H. Choi

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Property As A Legitimating Right, Duncan Hosie

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Still On The Hook: Forward-Looking Releases Reel-In Potential Risks In Mergers And Acquisitions, Mark T. Wilhelm, Madison Fitzgerald

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Common Sense Or Sensibility: Vaccine Hesitancy, Parens Patriae, And The Common Good, George P. Smith Ii

Scholarly Articles

Contending with national emergencies that develop into transnational catastrophes gives rise inevitably to concerns raised by libertarians and utilitarians over the extent to which the government — state, local, and federal — can restrict or redirect personal conduct to contain, if not resolve, any existing emergency condition. Using its parens patriae powers to protect the common good — especially the communal benefits of health and safety — government must endeavor to establish health care policies, and here, mandate vaccinations to combat the COVID-19 pathogen, against the benefits that are accruing to the general public. The conclusion drawn from this Article …

The Bare Necessity Of Natural Law, Adam J. Macleod

Scholarly Articles

According to legend, someone asked literary giant Samuel Clemens, better known as Mark Twain, whether he believed in infant baptism. He replied that, not only did he believe in it, he’d seen it done. Hundreds of generations of lawyers and jurists, including many of the most influential legal scholars and judges in history, have believed in natural law for the same reason. And many still do.

Natural law and natural rights are not “nonsense on stilts,” as Jeremy Bentham famously dismissed them.1 Natural law reasoning is what lawyers and judges do every day. Today, many people tend to think of …

Is, Ought, And The Limited Competence Of Experts, Adam J. Macleod

Scholarly Articles

The moral innovators whom C. S. Lewis criticized in The Abolition of Man supposed that they could draw imperatives out of their superior understanding of sentiment and instinct. They assumed that to know what human beings want to do is to know what human beings should do. But people want to do all sorts of things that are irrational, pointless, harmful, and even downright evil. And people want inconsistent things. So the innovators are incoherent. As Lewis correctly affirmed, no amount of knowledge about nature or the world is sufficient by itself to direct us to do what is good …

Property And Moral Responsibilities: Some Reflections On Modern Catholic Social Theory, Lucia A. Silecchia

Scholarly Articles

Professor Eric Claeys’s forthcoming book, Natural Property Rights, offers a deep perspective on property rights principles. However, while the law tends to focus—as I believe it must—on property rights, rights are inextricably intertwined with duties or responsibilities. The natural rights framework for property is, as Claeys says, “good enough for government work.” It reflects a principled way for the government to allocate property rights and use the law to protect them.

However, it is necessary to look beyond what is desirable for government to protect through law. Other sources propose parameters for reasoned use of property with an emphasis on …

Assisted Suicide, Forced Cooperation, And Coercion: Reflections On A Brewing Storm, Lucia A. Silecchia

Scholarly Articles

Because government funds to institutions and individuals finance a significant amount of medical care in the United States, the prospect of conditions or “strings” attached to that funding is an ever-present specter.

Private Caregiver Presumption For Elder Caregivers, Raymond C. O'Brien

Scholarly Articles

The percentage of older Americans increases each year, with a corresponding percentage increase of those considered the older old. Many older persons will develop chronic conditions, decreasing their ability to manage the activities of daily living and requiring many to move into assisted living facilities or group homes. When surveyed, a majority of people expressed that they wish to age in their own homes, and government programs are increasingly supportive of this option. This is a viable option for many if they have the assistance of private caregivers—who provide a vast array of support services—and essential person-to-person human contact during …

Creating A Trust Through Delegation, Raymond C. O'Brien

Scholarly Articles

Aging in America has precipitated increasing use of planning for incapacity devices, which include forms creating powers of attorneys ("POAs'). Simple forms may be found online, or they may become part of a sophisticated estate planning portfolio drafted by professionals. Resultingly, to support portability, enforceability, and protection against financial exploitation of vulnerable adults, the National Conference of Commissioners on Uniform State Laws approved the Uniform Power of Attorney Act in 2006 ("UPOAA "), which has been adopted by more than half of United States jurisdictions. One of the Act's provisions requires an express grant of authority contained within the principal's …

Proposing A Model Antilapse Clause, Raymond C. O'Brien

Scholarly Articles

The complexity of state antilapse statutes exacerbates the task of many estate planners seeking to give prudent expression to the postmortem wishes of a client. These statutes vary as to which predeceasing beneficiaries they should apply, who should be the substitute takers to benefit instead of these lapsed beneficiaries, and how to treat beneficiaries who are treated as predeceasing because of renunciation agreements, final decrees of divorce, or, when the beneficiary kills, exploits, or abuses the one from whom the beneficiary would take. Within the modern statutory framework, there exists an abundant array of testamentary devices by which a transferor …

The 2022 Conference Of Religiously Affiliated Law Schools: Reflections On Faculty Vocation And Support, Lucia A. Silecchia

Scholarly Articles

In the United States, numerous law schools identify themselves as “religiously affiliated.” There are many opportunities and challenges that come with such affiliation. What “religiously affiliated” may mean for a law school’s faculty is a particularly critical aspect of this question. I was grateful to have been invited to reflect on what religious affiliation might mean for faculty hiring at the “Past, Present, and Future of Religiously Affiliated Law Schools” conference. What follows are reflections that consider not merely that question—important as it is—but also explore what happens after the hiring decision to make the vocation to teach at a …

The Appropriate Appropriations Inquiry, Chad Squitieri

Scholarly Articles

The Supreme Court is set to hear oral argument this fall concerning whether the Consumer Financial Protection Bureau (CFPB) is unconstitutionally self-funded. The question presented in the case asks whether the statute establishing the CFPB’s self-funding scheme, 12 U.S.C. § 5497, “violates the Appropriations Clause.” But that question is incomplete at best, because although the Appropriations Clause requires that “appropriations” be “made by law,” the Appropriations Clause does not itself vest Congress with any authority to make “law” in the first place. Instead, Congress’s authority to make appropriations laws is vested in part by the Necessary and Proper Clause. Thus, …

Traditionalism Rising, Marc O. Degirolami

Scholarly Articles

Constitutional traditionalism is rising. From due process to free speech, religious liberty, the right to keep and bear arms, and more, the Court made clear in its 2021 term that it will follow a method that is guided by “tradition.”

This paper is in part an exercise in naming: the Court’s 2021 body of work is, in fact, thoroughly traditionalist. It is therefore a propitious moment to explain just what traditionalism entails. After summarizing the basic features of traditionalism in some of my prior work and identifying them in the Court’s 2021 term decisions, this paper situates these recent examples …

The Great Synthesizer: Natural Rights, The Law Of Nations, And The Moral Sense In The Philosophical And Constitutional Thought Of James Wilson, Derek A. Webb

Scholarly Articles

This article argues that the key to understanding James Wilson, one of the leading architects of the Constitution and the first Supreme Court Justice to be sworn in, and yet arguably the most neglected and misunderstood figure from the founding generation, is as a "great synthesizer" of seemingly disparate philosophical and constitutional commitments. Drawing upon the natural rights tradition of early classical liberalism as envisioned by John Locke, Wilson insisted that the new federal government be as democratic and broadly reflective of "We the People" as possible. Drawing upon the law of nations tradition as articulatedp articularlyb y Cicero, he …

Speaker Biographies, Canada-United States Law Institute

Canada-United States Law Journal

No abstract provided.