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Full-Text Articles in Law

Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski Jan 2022

Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski

Catholic University Journal of Law and Technology

No abstract provided.


A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney Jan 2022

A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney

Seattle University Law Review

This Note advocates for Washington courts to adopt a system that universally allows evidence of environmental contamination on the private property taken in eminent domain proceedings. Part I of this Note discusses the history and progression of eminent domain and the broader constitutional roots of the Takings Clause. Part II explores Washington’s environmental remediation statute. Part III details the various approaches jurisdictions around the county have formulated to deal with this issue. Part IV argues Washington courts should adopt the inclusionary approach, which allows the introduction of environmental evidence in eminent domain proceedings.


Mail-In Voting And The Pennsylvania Constitution, Stephen E. Friedman Jan 2022

Mail-In Voting And The Pennsylvania Constitution, Stephen E. Friedman

Duquesne Law Review

Pennsylvania was at the center of many of the disputes that arose after the hotly contested 2020 presidential election. One of the most significant challenges was a claim that Pennsylvania's newly enacted mail-in voting law violated the state's constitution. Plaintiffs in one lawsuit asked that all mail-in ballots be discarded, which would have shifted Pennsylvania's electoral votes to Donald Trump. When this lawsuit failed, challengers unsuccessfully objected to Congress counting Pennsylvania's electoral votes. A core argument both in court and in Congress was that the Pennsylvania Constitution requires in-person voting except where it specifically provides otherwise. The claim is supported …


State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen Jan 2022

State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen

Roger Williams University Law Review

No abstract provided.


Mondoux V. Vanghel, 243 A.3d 1039 (R.I. 2021), Samuel Weathers Jan 2022

Mondoux V. Vanghel, 243 A.3d 1039 (R.I. 2021), Samuel Weathers

Roger Williams University Law Review

No abstract provided.


Frenemy Federalism, Scott Bloomberg Jan 2022

Frenemy Federalism, Scott Bloomberg

University of Richmond Law Review

Federalism scholars have long been fascinated by the unique relationship between the federal government and states that have legalized marijuana. And with good reason. For the past fifty years, Congress has classified marijuana as a Schedule I drug under the federal Controlled Substances Act (“CSA”), deeming the drug to have a high potential for abuse and no accepted medical use. Congress’s aim in establishing Schedule I of the CSA was to “eliminate the market in Schedule I substances.” Thus, possessing, distributing, and manufacturing marijuana are federally illegal. Congress’s objective notwithstanding, over two-thirds of the states (and territories) have legalized marijuana …


Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey Jan 2022

Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey

University of Richmond Law Review

Artists who choose the streets as their canvas—whether to beautify neighborhoods, spark political protest, or merely mark their territory—are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory. However, a verdict that pitted the rights of street artists against the rights of property owners finally gave street art the credibility many felt it long deserved. In Castillo, the United States Court of Appeals for the Second Circuit recognized graffiti as a work of visual art, thus …


The Pain Of Paying Taxes, Gary M. Lucas Jr. Jan 2022

The Pain Of Paying Taxes, Gary M. Lucas Jr.

University of Richmond Law Review

With a few caveats, standard economic models assume that, from society’s perspective, the payment of a tax constitutes a costless transfer from the taxpayer to the government. The financial loss to the taxpayer is exactly offset by the financial gain to the government, which can use the resulting tax revenue for the benefit of its citizens. In other words, paying taxes forces taxpayers to forgo private consumption, but the resulting loss in utility can be counterbalanced by an increase in utility from government spending. In fact, if the government spends wisely on beneficial public goods that are undersupplied by private …


Applying Products Liability Law To Facebook’S Platform And Algorithms: Addiction, Radicalization, And Real-World Harm, Grant W. Shea Jan 2022

Applying Products Liability Law To Facebook’S Platform And Algorithms: Addiction, Radicalization, And Real-World Harm, Grant W. Shea

University of Richmond Law Review

Facebook has become central to the lives of millions of Americans. As of 2021, 69% of U.S. adults use Facebook. Among those U.S. adults who use Facebook, roughly 70% visit Facebook at least once a day. Moreover, as of 2020, 36% of U.S. adults receive their news through Facebook. That means roughly 60 million U.S. adults receive their news through Facebook each day. Facebook’s impact on American society cannot be overstated when viewed through such a lens. Thus, it is important to ensure Facebook responsibly designs its products: its platform and its algorithms.


Introduction To Issue Two, Jack Hynes Jan 2022

Introduction To Issue Two, Jack Hynes

Loyola University Chicago Law Journal

No abstract provided.


Doe V. Brown University, 253 A.3d 389 (R.I. 2021), Katie Gradowski Jan 2022

Doe V. Brown University, 253 A.3d 389 (R.I. 2021), Katie Gradowski

Roger Williams University Law Review

No abstract provided.


Bi Boat Basin Assocs. V. Sky Blue Pink, 242 A.3d 462 (R.I. 2020), Colten H. Erickson Jan 2022

Bi Boat Basin Assocs. V. Sky Blue Pink, 242 A.3d 462 (R.I. 2020), Colten H. Erickson

Roger Williams University Law Review

No abstract provided.


Decurtis V. Visconti, Boren & Campbell Ltd., 252 A.3d 765 (R.I. 2021), Alexus Bonilla Jan 2022

Decurtis V. Visconti, Boren & Campbell Ltd., 252 A.3d 765 (R.I. 2021), Alexus Bonilla

Roger Williams University Law Review

No abstract provided.


2021 Rhode Island Public Laws, Madison C. Picard Jan 2022

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.


Aspen American Insurance Co. V. East Coast Precast & Rigging Llc Et Al., 252 A.3d 249 (R.I. 2021), Corey Sherman Jan 2022

Aspen American Insurance Co. V. East Coast Precast & Rigging Llc Et Al., 252 A.3d 249 (R.I. 2021), Corey Sherman

Roger Williams University Law Review

No abstract provided.


Hb 1405: Amendments To The Zoning Procedures Law, Audra Murphey, Kristy Nguyen Jan 2022

Hb 1405: Amendments To The Zoning Procedures Law, Audra Murphey, Kristy Nguyen

Georgia State University Law Review

The Act amends the zoning procedures law to clarify the process for challenging and appealing certain land use decisions. The Act codifies the long-standing appeals process for zoning decisions that existed prior to 2017 such that legislative zoning challenges will be reviewed de novo by a superior court. Additionally, the Act designates which local government employees receive notice of such zoning appeals.


Front Matter Jan 2022

Front Matter

SMU Annual Texas Survey

No abstract provided.


Annual Review Of Texas Law: Commercial Law, Sally Mcdonald Henry Jan 2022

Annual Review Of Texas Law: Commercial Law, Sally Mcdonald Henry

SMU Annual Texas Survey

No abstract provided.


Oil, Gas, And Mineral Law, Austin W. Brister Jan 2022

Oil, Gas, And Mineral Law, Austin W. Brister

SMU Annual Texas Survey

No abstract provided.


Real Property, J. Richard White, Amanda Grainger Jan 2022

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.


Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum Jan 2022

Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum

Roger Williams University Law Review

No abstract provided.


State V. Depina, 245 A.3d 1222 (R.I. 2021), Christopher Minicucci Jan 2022

State V. Depina, 245 A.3d 1222 (R.I. 2021), Christopher Minicucci

Roger Williams University Law Review

No abstract provided.


State V. Ricker, 252 A.3d 721 (R.I. 2021), Victor M.P. Vieira Jan 2022

State V. Ricker, 252 A.3d 721 (R.I. 2021), Victor M.P. Vieira

Roger Williams University Law Review

No abstract provided.


Belmore V. Petterutti, 253 A.3d 864 (R.I. 2021), Whitney A. Saunders Jan 2022

Belmore V. Petterutti, 253 A.3d 864 (R.I. 2021), Whitney A. Saunders

Roger Williams University Law Review

No abstract provided.


Family Law, Joanna L. Grossman, Christine P. Leatherberry Jan 2022

Family Law, Joanna L. Grossman, Christine P. Leatherberry

SMU Annual Texas Survey

No abstract provided.


Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi Jan 2022

Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi

SMU Annual Texas Survey

No abstract provided.


Franchise Law, Deborah S. Coldwell, Sally Dahlstrom, Taylor Rex Robertson, Wes Dutton, Alicia Pitts, Alexander Clark, Wilson Miller Jan 2022

Franchise Law, Deborah S. Coldwell, Sally Dahlstrom, Taylor Rex Robertson, Wes Dutton, Alicia Pitts, Alexander Clark, Wilson Miller

SMU Annual Texas Survey

No abstract provided.


Why Can't I Get Pliny The Elder? Beer Distribution Law In Michigan, Kincaid C. Brown Jan 2022

Why Can't I Get Pliny The Elder? Beer Distribution Law In Michigan, Kincaid C. Brown

Law Librarian Scholarship

If you are a craft beer drinker, you have noticed that there are many beers brewed in the United States that you cannot buy in Michigan, like California-based Pliny the Elder. You will have also noticed that there are many craft beers brewed in Michigan that you cannot buy at your local grocery store or bottle shop. Why is that the case? The short answer is because Michigan law mandates that beer pass through what’s known as a three-tier distribution system. This article outlines what a three-tier distribution is, what it means for Michigan brewers and beer drinkers,


Table Of Contents Jan 2022

Table Of Contents

University of Richmond Law Review

No abstract provided.


Traumatic Justice, Teri Dobbins Baxter Jan 2022

Traumatic Justice, Teri Dobbins Baxter

University of Richmond Law Review

In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were discredited and no charges were brought, or no convictions obtained. But citizens have increasingly harnessed the power of cell phone videos and social media to bring attention to acts of racial violence and hold accountable those who are responsible, particularly in cases of alleged police misconduct. …