Law Commons^™

Child Content Creators And Just Compensation: A Policy Expansion On 'Coogan Law' For Child Social Media Stars, Deanna Cooper

Lincoln Memorial University Law Review Archive

The realm of child entertainers utilizing social media platforms for influencer marketing and monetizing their original content is ever-changing, and officials who could manufacture legislation changes to protect those financial futures have long been locked in a stalemate. Child actors and child entertainers in traditional workplace settings have financial protections under ‘Coogan Law,’ a state law enacted to safeguard a portion of the minor’s earnings in a trust account until they reach the age of majority and to protect their assets from exploitation and financial abuse by their managers and/or family members. Those same underaged content creators earn thousands of …

Mere Touches With Massive Ramifications: An Analysis Of _Torres V. Madrid_ And Its Potential Effects On Police And Section 1983 Plaintiffs, Dalton Parks

Lincoln Memorial University Law Review Archive

Since its inception, the Supreme Court has often struggled to interpret what constitutes a seizure under the Fourth Amendment. While what constitutes a search under the Fourth Amendment has two sturdy foundations in _Katz v. United States_ and _United States v. Jones_, the same cannot be said for seizures, specifically seizures of persons. In 2021, the Court attempted to remedy the situation and craft a workable seizure definition in _Torres v. Madrid_. Instead of building on existing precedent and creating stability in the law, the majority in _Torres_ muddied the seizure waters further when they disregarded more than half a …

Regulating Rape Within The Virtual World, Chandler Horne

Lincoln Memorial University Law Review Archive

As virtual reality applications become more accessible to the general public, the opportunity for immoral user interactions has shifted from possible to probable. While although virtual reality applications have revolutionized the tech industry, they have also initiated an evolution of virtual crimes, such as virtual rape. Virtual rape refers to when a virtual user exploits their avatar to rape the avatar of another virtual user. When virtual rape occurs, user rapists are often left unpunished, and user victims are often left without recourse. This paper examines how rapes occurring within virtual reality applications can be adjudicated under real-world laws. Specifically, …

From Paper To Prison: How A Rapper's Bars Can Land Them Behind Bars, Sean Freeland

Lincoln Memorial University Law Review Archive

The United States judiciary has historically treated some criminal defendants worse than others. This paper seeks to shed light on the current shortcomings of the judiciary as it relates to lyricists. Specifically, prosecutors are targeting rap artists on trial for various crimes by seeking to admit their rap lyrics as propensity evidence. This paper is divided into three parts. First, it aims to examine a small aspect of free speech in America and points out its various problems. Further, this paper identifies a solution that should make admitting art as evidence more difficult for prosecutors; as such, the second part …

Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters

University of Massachusetts Law Review

Patents are necessary to incentivize innovation because they grant owners the right to protect inventions. To be patentable, an invention must be useful, it must be novel, and it must not be obvious. But the judiciary has struggled to apply the latter requirement, non-obviousness, particularly for highly technical innovations subject to FDA regulations. For these innovations, the progression through the regulatory jungle can take ten to twenty years and millions of dollars (2.6 billion for a pharmaceutical drug). The complexities of the regulatory process can also render an innovation unprotected by patent rights because, by the end of the process, …

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …

The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz

St. Thomas Law Review

This article summarily analyzes those more subtle forms of property rights infringement, including historical designations and blight designations, and it critiques laws in place that purport to grant local government the authority to assert such designations. This article also provides a summary of the causes of action owners aggrieved by unjust designations could bring in response, and critiques the flaws in those elective safeguards, which are prevalent even in property rights friendly jurisdictions such as Florida. It then proposes high-level solutions to enact legislation to limit fee exposure for property owners who bring inverse condemnation actions and Bert J. Harris …

Teaching Business Immigration: The Law And The Reality, Da'niel Rowan

Saint Louis University Law Journal

No abstract provided.

Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton

Saint Louis University Law Journal

No abstract provided.

Front Matter

BYU Education & Law Journal

No abstract provided.

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei

Saint Louis University Journal of Health Law & Policy

A growing population of transgender, nonbinary, and other gender non-conforming Americans experience the burden of multiple physical and mental health inequities. Largely rooted in discrimination and stigma, these disparities are compounded by barriers to respectful, appropriate healthcare.

A range of new policies, including state laws attempting to limit access to gender-affirming care for minors, may further compound health disparities. However, in some states and at the federal level, protective laws seek to prohibit discrimination and support access to care. Meanwhile, the constitutional status of gender identity under the Equal Protection Clause, and the legality of certain federal protections challenged on …

Lack Of Access To The Law: Saving Black Americans A Seat At The Legal Table Symposium Transcript, Benjamin L. Crump

St. Thomas Law Review

Transcript: Opening Remarks of "Lack of Access to the Law: Saving Black Americans a Seat at the Legal Table" Symposium by Benjamin L. Crump, Esq.

Dog Owners Deserve Public Housing: Why Florida's Dog Breed Restrictions Are Discriminatory And Should Be Repealed, Melissa Betancourt

St. Thomas Law Review

This Comment analyzes why dog breed restrictions are discriminatory and ineffective, and how responsible dog owners throughout Florida lack access to inclusive public housing laws. Part II provides background on the breed-specific ordinances in Florida and Public Housing Authorities, including history and definitions. Part III discusses why breed-specific legislations are ineffective, and Florida’s recent attempts to eliminate them. Part IV considers three solutions to trump over Florida’s dog breed restrictions and aid dog owners during the current housing crisis. Lastly, Part V will summarize and conclude the analysis throughout the Comment.

K-Pop’S Secret Weapon: South Korea’S Criminal Defamation Laws, Rebecca Xu

San Diego International Law Journal

South Korea’s criminal defamation laws have long been considered an intrusion on the free speech rights of citizens, especially in regard to the usage by politicians against their opponents and journalists to suppress criticisms. This Comment considers the history and effects of these controversial defamation laws through the lens of recent scandals within the Korean entertainment industry, where regular citizens accusing Korean celebrities of past school violence are confronted with threats of defamation charges. To highlight the controversial nature of such laws, comparisons will be drawn between South Korea and other countries to highlight the restrictive nature of Korea’s laws.

Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos

Lincoln Memorial University Law Review Archive

Fiction popularized the concept of criminal insanity. Yet, despite its popularity in the virtual world, it is rarely used in real life. The chief reason for this is that mental disorders that may inhibit a defendant's ability to form reasonable cognitive representations of reality often do not impact his ability to form a key element of a crime: the requisite mental state. Thus, the legal definition of criminal insanity refers to a mental defect that affects a defendant's ability to appreciate her actions at the time of the crime or to understand her actions are wrong. Further complicating matters is …

Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner

Lincoln Memorial University Law Review Archive

This paper discusses the societal impact of permitting private, for-profit entities to take on the government’s function of imposing and regulating punishment. Traditionally, the People choose local and government actors to punish others. The imposition of punishment by private, for-profit companies destroys the established pattern of community involvement and control. Communities have no control over which private companies are used, have little ability to oversee company functions, and have no voice in the process of holding private companies accountable. Additionally, when punishment is privatized, the offender does not feel the community’s condemnation. Instead of society benefiting from the swift hand …

Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen

Lincoln Memorial University Law Review Archive

No abstract provided.

A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.

Lincoln Memorial University Law Review Archive

Tribal criminal jurisdiction has been limited by the enactment of the Indian Bill of Rights and acts that give states criminal jurisdiction over tribal lands instead of allowing tribal nations to self-govern criminal acts that occur on their lands. Additionally, Congress has used its plenary power to erode the tribal criminal jurisdiction. The United States Constitution recognizes three sovereigns: States, Foreign Nations, and Tribal Nations. This erosion, along with United States Supreme Court decisions, created a hierarchical class of sovereignty in the sovereigns recognized by the United States Constitution, with tribal nations occupying the lowest position on this hierarchy. In …

Governmental Inadequacies Concerning Missing And Murdered Native American Women In The United States, Peyton Cross

Lincoln Memorial University Law Review Archive

The United State's legal system has failed Native American women for centuries. Without change, they will continue to be failed by the country's legal system until there are hardly any Native American women left for it to fail. The federal government must provide tribal law enforcement with the necessary tools and ability to properly police their reservations in order to help the women suffering from the government's historically ingrained racism. Patty A. Ferguson-Bohnee, faculty director of the Indian Legal Program and director of the Indian Legal Clinic at the Sandra Day O'Connor College of Law, and Lauren van Schilfgaarde, the …

His Race And My Race: Fluidity And Expansion Of "Race" In A Post-Colonial Society Versus Modern-Day America, Talton (Trey) B. Dunn Iii

Lincoln Memorial University Law Review Archive

No abstract provided.

Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law is a guide and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that the law is always faced with the question of whether the law can bring about justice. In relation to the legal concept, legal politics is defined as an activity that determines the patterns and methods of shaping law, supervises the operation of the law, and reforms the law for the purposes of the State. Therefore, law is a determinant of politics, and is also …

Restraint Of Polygamy In Jurisprudence And Law: A Comparative Study, Qais Abdul Wahab Issa Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Polygamy is a subject addressed in Sharia that has been established by the Holy Quran and the Prophetic Sunnah. Islamic jurists have debated about this subject in terms of its obligation, permissibility and revocability. To enjoy this right, a man has to be obligated to the legal controls, such that he should be able to maintain more than a wife. Moreover, this person is to take into account social, economic, psychological and health-related aspects of his life and make sure that he is able to maintain justice between all his wives. Furthermore, the man must have no more than four …

"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp

Notre Dame Law Review

Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …

Contra Naturam, F. H. Buckley

Northern Illinois University Law Review

There’s a revival of interest in natural law, but while its adherents claim to hold the philosophic high ground, they’ve failed to recognize the doctrine’s weaknesses. Classical natural law holds that our moral requirements are rooted in the natural world and the instincts and preferences that form human nature. However, this runs afoul of the logical distinction between empirical and normative statements; and while other natural lawyers say they’ve avoided this problem, their “New Natural Law” implausibly asserts that rational self-interest will lead us to the good. It won’t, because rational self-interest can’t explain the duties we owe other people. …

Beyond #Freebritney: A Legal Analysis Of The Conservatorship System In The United States, Ashleigh M. Zurek

Northern Illinois University Law Review

In this article the author will explore the state of conservatorships in the United States and how, too often, individuals with disabilities are abused and taken advantage of in this structure. The author will discuss particular areas of conservatorship abuse, including: financial abuse, physical abuse, exploitation, and death. The author will then proceed to discuss potential solutions to curb conservatorship abuse and how best to improve the conservatorship system in the United States. Particular solutions discussed include: special needs trusts, federal legislation (past, current, and future), and supported decision-making.

Police Reform Through Section 1983, Adam J. Smith

Northern Illinois University Law Review

For decades, members of the Chicago Police Department (CPD) engaged in a protracted campaign of corruption, terror, and violence against Black and brown Chicagoans. Intermittent efforts to reform or otherwise rein in the CPD invariably fell short. In late 2014, a CPD officer murdered a 17-year-old Chicagoan, Laquan McDonald. CPD officials and city leaders attempted to whitewash the killing as a justified use of deadly force, but—thanks to the work of local organizers and a national pressure campaign—McDonald’s death instead led to a yearlong investigation by the federal Department of Justice (DOJ). Ordinarily, such an investigation would have resulted in …

Estimated Expertise In The Law Of The Principles Of Sharia No. 31. Of The Year 1959 And The Legal Modifications Until The Year 2016 Legal Jurisprudence Study, Walid Baklizi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study focuses on the estimated expertise and its roll in achieving justice. And due to the fact of courts corridors filling up with suits that lack the estimated expertise to end litigations, so there were the need to shine the lights on the Estimated expertise in law of the principles of sharia and jurisprudence to indicate the differences and similarities, to show the development of law of the principles of sharia and through its later modifying articles.

This study took the rooting of estimated expertise, its’concept, the terms of experts and finally the estimating in law suits that needed …

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …