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Articles 1 - 30 of 226
Full-Text Articles in Law
(In)Formal Marriage Equality, Michael Higdon
(In)Formal Marriage Equality, Michael Higdon
College of Law Faculty Scholarship
In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive — either through death or dissolution — to see marriage equality become the law of the land? Or those who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the …
Review Of: The First: How To Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, And Donald Trump, Rebecca Kite
Review Of: The First: How To Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, And Donald Trump, Rebecca Kite
College of Law Faculty Scholarship
No abstract provided.
If You Grant It, They Will Come: The History And Enduring Legal Legacy Of Migratory Divorce, Michael Higdon
If You Grant It, They Will Come: The History And Enduring Legal Legacy Of Migratory Divorce, Michael Higdon
College of Law Faculty Scholarship
Fifty years ago, California became the first state to enact no-fault divorce, making it easier than ever before for individuals to dissolve unsuccessful marriages. Soon every state would follow suit, and over the years much has been written about this national shift in the law of divorce. What has thus far escaped scrutiny, however, is one of the prime casualties of that switch—the phenomenon of migratory divorce. That failure is somewhat ironic given that, although no-fault divorce has existed for just over fifty years, migratory divorce played a prominent role in American legal history for well over a hundred years. …
Parens Patriae And The Disinherited Child, Michael Higdon
Parens Patriae And The Disinherited Child, Michael Higdon
College of Law Faculty Scholarship
Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator’s ability to disinherit his or her children—regardless of the child’s age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up solutions largely based on the two models currently employed by other countries: 1) the forced …
Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Nejdl
Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Nejdl
College of Law Faculty Scholarship
No abstract provided.
Regulatory Policy In The Trump Era And Its Impact On Innovation, Brian Krumm
Regulatory Policy In The Trump Era And Its Impact On Innovation, Brian Krumm
College of Law Faculty Scholarship
Since the mid-nineteenth century, the strength of the United States economy has been driven largely by the ability of Americans to innovate.1 Beyond macro-economic growth, innovation increases per capita income and improves standards of living and quality of life.2 Furthermore, innovation begets innovation. As companies within a market innovate, pressure is placed on their competitors to innovate as well in order to protect profitability and market share. For most of the last half century, the United States boasted the strongest intellectual property system3 and was called home by the most innovative companies in the world.4 However, in the last five …
Community Economic Development Is Access To Justice, Brian Krumm
Community Economic Development Is Access To Justice, Brian Krumm
College of Law Faculty Scholarship
What gaps exist in the justice system that result in a need for services provided by community economic development attorneys? What is the evidence that those gaps actually exist? How do we know that community economic development practitioners fill those gaps, and in what way? These are merely a few of the questions addressed in this collection.At the Association of American Law Schools (AALS) annual meeting in San Diego in January 2018, legal scholars gathered to discuss this evolution as part of the discussion group, “Community Economic Development Is Access to Justice.” The goal of the discussion group was to …
Death In The Shadows, Lucille Jewel, Mary Campbell
Death In The Shadows, Lucille Jewel, Mary Campbell
College of Law Faculty Scholarship
This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national myth, that of the …
The Myth Of The Country Lawyer, Judy Cornett, Heather Bosau
The Myth Of The Country Lawyer, Judy Cornett, Heather Bosau
College of Law Faculty Scholarship
No abstract provided.
Hillbilly Atticus, Judy Cornett
Hillbilly Atticus, Judy Cornett
College of Law Faculty Scholarship
In his controversial memoir, Hillbilly Elegy, J.D. Vance implicitly asserts a connection between the individual and his or her culture. Vance’s work rests on a number of premises. An individual is a product of a particular culture, and that culture defines the choices available to that individual. Therefore, understanding a person requires an understanding of the culture from which that person comes. Conversely, by looking at individuals within a given culture, we can define the culture and generalize its characteristics to other individuals within that culture. Although several commentators have pushed back against the latter proposition by pointing out that …
Biological Citizenship And The Children Of Same-Sex Marriage, Michael Higdon
Biological Citizenship And The Children Of Same-Sex Marriage, Michael Higdon
College of Law Faculty Scholarship
In 2015, the Supreme Court ruled that states could not, consistent with the Due Process Clause, deny same-sex couples the right to marry. To allow otherwise, said the Court, would “harm and humiliate the children of same sex marriage.” Thus, it was hoped that marriage equality would provide greater security for the children of same-sex couples. And the need for such protections are increasingly important given that, with advances in assisted reproduction techniques, it is easier than ever for same-sex couples to become parents. Indeed, when it comes to procreation, same-sex marriages and opposite-sex marriages are becoming much more alike. …
A Quixotic Quest For Definition: Perceptions Of "Organic" And Implications For The Environment And For Market Participants, Becky Jacobs
A Quixotic Quest For Definition: Perceptions Of "Organic" And Implications For The Environment And For Market Participants, Becky Jacobs
College of Law Faculty Scholarship
We recently began a quest, Don Quixote-like, to determine the definition of “organic” food, or at least to assess how most consumers of organic food in the U.S. perceive that term to be defined. Our quest was inspired by a visit to a “sustainable” farm that was hosting a farm-to-table dining event. The crowd was large and enthusiastic; the meal was exceptional; and the farm setting was bucolic and impressive.In our conversations with the very capable farm owner, we were very surprised to learn that her products, mostly vegetables, were not certified organic by the U.S. Department of Agriculture (USDA). …
A "Case" Study In Legal Writing Pedagogy: Connecting Doctrine And Skills To Authentic Client Voices, Becky Jacobs
A "Case" Study In Legal Writing Pedagogy: Connecting Doctrine And Skills To Authentic Client Voices, Becky Jacobs
College of Law Faculty Scholarship
Legal writing faculty have too little time to teach too many skills. To choices of deciding which skills to teach, how to teach those skills, and how much time to allocate to each skill." This brief essay will discuss one case, Epps v. Gober, that two instructors have found to be a veritable Swiss Army knife (nod to Tracy McGaugh), offering a range of versatile functions in the legal writing classroom.
Crypto-Concerns: A Cyberskeptic Looks For Weak Links In The Blockchain, Becky Jacobs
Crypto-Concerns: A Cyberskeptic Looks For Weak Links In The Blockchain, Becky Jacobs
College of Law Faculty Scholarship
In her article, “Beyond Bitcoin: Leveraging Blockchain to Benefit Business and Society,” Professor Weldon explores the potential of blockchain technology to transform corporate governance and risk management and to promote the principles of transparency that animate various mandatorydisclosure regimes.I too am very excited by blockchain’s potential to revolutionize and make more transparent many business practices, but I also have some, pun intended, crypto-concerns. I admit that these concerns are based upon Blockchain technology interacts with the law in a number ofcontexts, corporate governance being one (as well as copyright and other IP, tax, antitrust, securities regulation, banking, criminal, corporate, maritime, …
Defining Sustainable Business - Beyond Greenwashing, Becky Jacobs
Defining Sustainable Business - Beyond Greenwashing, Becky Jacobs
College of Law Faculty Scholarship
Consumers are increasingly prioritizing the "sustainability" of their purchases, even when products labeled as "sustainable" sometimes are more expensive than their ostensibly unsustainable counterparts. Businesses have responded to this trend by promoting a wide range of fair trade and "sustainable" services and products, from items packed in bio-degradable, post-consumer recyclable paper to those supplied by companies seeking to reduce their carbon footprints, water use, paper consumption, and waste generation.There are not, however, agreed criteria for what makes a business "sustainable," nor is there a precise, authoritative definition of sustainability or of the products, practices, or services that the term includes …
Minimizing And Addressing Microaggressions In The Workplace: Be Proactive, Part Two, Shamika Dalton, Michele Villagran
Minimizing And Addressing Microaggressions In The Workplace: Be Proactive, Part Two, Shamika Dalton, Michele Villagran
College of Law Faculty Scholarship
No abstract provided.
Minimizing And Addressing Implicit Bias In The Workplace: Be Proactive, Part One, Shamika Dalton, Michele Villagran
Minimizing And Addressing Implicit Bias In The Workplace: Be Proactive, Part One, Shamika Dalton, Michele Villagran
College of Law Faculty Scholarship
Librarians and information professionals cannot hide from bias: a prejudice for or against something, someone, or a group. As human beings, we all have biases. However, implicit biases are ones that affect us in an unconscious manner. Awareness of our implicit biases, and how they can affect our colleagues and work environment, is critical to promoting an inclusive work environment. Part one of this two-part article series will focus on implicit bias: what is implicit bias, how these biases affect the work environment, and best practices for reducing these biases within recruitment, hiring, and retention in the library workplace.
The Future Of Law Practice: Fresh Models Of Lawyering, Technologies And Business, Benjamin Barton
The Future Of Law Practice: Fresh Models Of Lawyering, Technologies And Business, Benjamin Barton
College of Law Faculty Scholarship
No abstract provided.
Aall 2018 Implicit Bias In Legal Research Instruction Powerpoint, Shamika Dalton, Michelle Rigual, Clanitra Nejdl, Raquel Gabriel
Aall 2018 Implicit Bias In Legal Research Instruction Powerpoint, Shamika Dalton, Michelle Rigual, Clanitra Nejdl, Raquel Gabriel
College of Law Faculty Scholarship
A growing body of research studies shows that implicit biases based on race and other minority status play a role in student perceptions, behaviors, and teacher evaluation outcomes. Across the country, persons of color are enduring unique legal challenges, including racial profiling, police brutality, racial gerrymandering, and the threat of deportation. In this context, the continued use in legal research instruction of race-neutral "Jack and Jill" client names and traditional, noncontroversial hypotheticals misses an important opportunity to address these topics.Considering the obligations and responsibilities of legal research instructors to develop culturally competent lawyers, the first portion of the program will …
Silencing Discipline In Legal Education.Pdf, Lucille Jewel
Silencing Discipline In Legal Education.Pdf, Lucille Jewel
College of Law Faculty Scholarship
In current times, the production of critical legal knowledge has become constrained by a neoliberal education mindset that emphasizes economic performance and measured outcomes over critical thought. In this essay, I argue that academic freedom, in the sense of being free to speak, write, and teach critical knowledge, both in the intellectual sense and in the law practice sense, is being eroded. And, I urge my critically minded colleagues that are traditional law scholars (tenure-track or tenured) to consider the circumstances of law teachers who currently do not have the protections of tenure but who generate valuable knowledge, particularly in …
Sisters In Sustainability: Gender-Driven Agricultural Initiatives Promoting Socioeconomic, Environmental, And Cultural Sustainability, Becky Jacobs
College of Law Faculty Scholarship
An increasing number of women are choosing to pursue careers in agriculture. A higher percentage of women are represented among sustainable farmers than are counted among conventional farmers. For example, in the United States, this percentage is 21percent as compared to 9percent. The way in which women farmers approach sustainable agriculture is consistent with the feminist ethic of care that encompasses responsibility, nurturing, relationality, and interdependence. These characteristics are expressed in a number of ways on women-owned or operated sustainable farms. Their farms, for example, have fewer acres than those of male farmers; they plant, cultivate, and harvest by hand …
What Can Students Teach Each Other, Brian Krumm, Willow Tracy, Stacey Bowers
What Can Students Teach Each Other, Brian Krumm, Willow Tracy, Stacey Bowers
College of Law Faculty Scholarship
No abstract provided.
Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual
Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual
College of Law Faculty Scholarship
No abstract provided.
Foreword: A Rot In Heaven: A Powerful Investigative Partnership, The Opioid Crisis, Pill Profits, And A Pulitzer Prize, Becky Jacobs
Foreword: A Rot In Heaven: A Powerful Investigative Partnership, The Opioid Crisis, Pill Profits, And A Pulitzer Prize, Becky Jacobs
College of Law Faculty Scholarship
In the spring of 2018, the Tennessee Journal of Law and Policy hosted the "Healing Appalachia: The Role of Professionals in Solving the Opioid Crisis" symposium. This Foreword pays tribute to the symposium’s keynote speakers, journalist Eric Eyre and WVU College of Law faculty member Pat McGinley. Eric, with the support of Pat, Suzanne Weise, another WVU faculty member, and others, uncovered the shocking data that appeared in a series of articles that won the 2017 Pulitzer Prize for Investigative Reporting. It also introduces the symposium program, provides a summary of the more than 400 lawsuits pending against corporations that …
Emerging Antitrust Threats And Enforcement Actions In The Online World, Maurice Stucke, Ariel Ezrachi
Emerging Antitrust Threats And Enforcement Actions In The Online World, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
No abstract provided.
How Digital Assistants Can Harm Our Economy, Privacy, And Democracy, Maurice Stucke, Ariel Ezrachi
How Digital Assistants Can Harm Our Economy, Privacy, And Democracy, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
“All you need to do is say,” a recent article proclaimed, “‘I want a beer’ and Alexa will oblige. The future is now.” Advances in technology have seemingly increased our choices and opened markets to competition. As we migrate from brick-and-mortar shops to online commerce, we seemingly are getting more of what we desire at better prices and quality. And yet, behind the competitive façade, a more complex reality exists. We explore in our book “Virtual Competition” several emerging threats, namely algorithmic collusion, behavioural discrimination, and abuses by dominant super-platforms. But the harm is not just economic. The potential anticompetitive …
Virtual Competition The Rise Of Unchallenged Collusion And Discrimination?, Maurice Stucke, Ariel Ezrachi
Virtual Competition The Rise Of Unchallenged Collusion And Discrimination?, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
No abstract provided.
Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke, Ariel Ezrachi
Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
No abstract provided.
Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs
Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs
College of Law Faculty Scholarship
The body of 19-year-old Sinoxolo Mafevuka was found in a communal toilet in the Cape Town, South African urban township of Khayelitsha. Sinoxolo had been viciously raped, strangled to death, and her body discarded, with her head under the toilet seat and her genitals displayed openly. Tragically, while Sinoxolo’s murder is a particularly brutal example, using a neighborhood toilet in many informal settlements is an incredibly dangerous activity, and there are estimates that 10.5 million South Africans do not have ready access to toilets. “Women, children and men of all ages are frequently robbed, raped, assaulted and murdered on the …
Mexico's Energy Regime Reforms: Rescission Risk, Mitigation, And Dispute Resolution, Becky Jacobs
Mexico's Energy Regime Reforms: Rescission Risk, Mitigation, And Dispute Resolution, Becky Jacobs
College of Law Faculty Scholarship
No abstract provided.