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Lopez v. Lopez, 139 Nev. Adv. Op. 54 (Nov. 30, 2023)
No full textThe Nevada Supreme Court affirmed the district court’s decision in regard to a revocable inter vivos trust dispute following a divorce. First, they determined that a revocable inter vivos family trust isn’t a necessary party in a divorce action where the spouses are co-trustees, co- settlors, and beneficiaries. Second, the district court has jurisdiction to distribute community assets held in a revocable inter vivos trust
Machine Manipulation: Why an AI Editor Does Not Serve First Amendment Values
No full textThe past few years have seen increasing calls for regulation of large social media platforms, and several states have recently enacted laws regulating their content moderation, promotion, and recommendation practices. But if those platforms are exercising editorial discretion when carrying out these tasks, many of the regulations will run into constitutional concerns: the First Amendment protects the “exercise of editorial control and judgment” by publishers over their choice of content and how it is presented. However, the editorial operation of social media platforms differs significantly from traditional media, most importantly in the use of artificial intelligence (AI) for editorial decision-making. While courts have thus far not given much attention to the implications of this use, this Note argues that using AI for editorial decision-making should not be entitled to the same protection as a human decision-maker. After introducing how social media platforms employ AI in their editorial operations, it outlines the foundational values of democratic self-governance, the marketplace of ideas, and autonomy underlying the First Amendment, and assesses how the use of AI impacts those values. The Note concludes that the ability of AI to manipulate human behavior and preferences, combined with the delegation of decisional autonomy from humans to AI, harms the foundational First Amendment values. Therefore, the use of AI is not deserving of the same protection as human editorial decision-making
Cocoa Crisis: Cartelizing West African Cocoa in Response to the Persistent Use of Child Labor
No full textThe lack of resources that afflicts Ghanian and Ivorian enforcement of child labor prohibitions has allowed for the continued use of child labor in the cocoa industry. The current enforcement bodies not only suffer from serious coordination problems, but also fall victim to the harsh reality of cocoa farming, which pays pitiful daily wages to farmers. Child labor serves as a cheap, and perhaps even cost-free, option that allows farmers to maximize their profits. Many cocoa plantations are family-run, and thus the inclusion of children in the workforce is often a natural step, even where educational opportunities are available. To sacrifice productivity is to sacrifice one’s livelihood. This Comment first analyzes Ghana’s and Côte d’Ivoire’s child labor statutory regimes along with their enforcement apparatuses. This entails a deep dive into the efforts being taken by government and non-government actors along with a discussion of contributing factors relating to the use of child labor. Finally, the Comment proposes a novel solution to establish an intergovernmental organization, or commodity cartel, between Ghana and Côte d’Ivoire to better regulate and coordinate cocoa export and growth, modeled after existing commodity cartels. This Comment focuses on the organizational feasibility of such an organization and the potential ramifications, both advantageous and detrimental, such consolidation would cause
Richard O\u27Sullivan KC-A Lecture by London Law Professor David Mcllroy
No full textThursday, February 15, 2024 | 5:30 PM | Eck Hall of Law, Room 3140
Richard O\u27Sullivan KC was an Irish Catholic practicing at the English Bar who was influential in the campaign for the canonization of St Thomas More. He came to Notre Dame in 1949 and 1951 to participate in the Natural Law Institute. Professor McIlroy from the London Law Programme will share Richard O\u27Sullivan\u27s emphasis on the Christian origins of the rule of law and how Christian influence made the common law a humane instrument promoting freedom and dignity.
Co-sponsors: Notre Dame Law School Keough-Naughton Institute for Irish Studieshttps://scholarship.law.nd.edu/ndls_posters/1799/thumbnail.jp
Learning the Rural Practice of Law
No full textThis Article explores how law schools can better educate students about the possibilities and opportunities presented by rural practice and prepare them with the skills to succeed. An aging population and dwindling availability of jobs increases the need for practitioners in rural areas. While new graduates may be willing to pursue rural law practice, employers and graduates frequently note graduates are not prepared for the skill-based practice of law. Many students reflect that law school remains too theoretical to be pragmatically helpful in their first jobs, particularly given the unique nuances and challenges of rural law practice. Recent graduates report practical skills training had the strongest positive impact in preparing them for the practice of law. Growing beyond the old law school model of “thinking like a lawyer” is crucial in creating learning opportunities for law students to cultivate necessary practice skills and develop professional identities. Grappling with complex and novel situations while demonstrating creative thinking is critical to success in rural practice. This Article examines the utility of more practical training in law school, specifically in preparing students who aim to become rural practitioners
