Law Commons^™

Vol. 19 Masthead

University of Pennsylvania Asian Law Review

No abstract provided.

Resurrecting The Rent Strike Law, Greg Baltz

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

We Have The Right To Play, Duane Rudolph

University of Pennsylvania Journal of Law and Social Change

This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River Local School District (1985); (5) Bowers v. Hardwick (1986); (6) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995); (7) Romer v. Evans (1996); (8) Boy Scouts of America v. Dale (1996); (9) Lawrence v. Texas (2003); (10) United States v. Windsor (2013); (11) Hollingsworth …

State V. Briggs, 263 A.3d 739 (R.I. 2021), Jonte' Mckenzie

Roger Williams University Law Review

No abstract provided.

The Effect Of The Pro Act On Secondary Activity And International Trade, Christopher R. Rodenbaugh

Northwestern Journal of International Law & Business

No abstract provided.

Live And Let Liv?: The Case Against Antitrust Alarm And The Multi-Tour Future Of Professional Golf, Reed Silverman

Northwestern Journal of International Law & Business

No abstract provided.

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.

A Simple Unifying Framework For Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, And Derivative Contracts, W. C. Bunting

University of Pennsylvania Journal of Business Law

No abstract provided.

Revolutionizing Justice: Unleashing The Power Of Artificial Intelligence, Samuel D. Hodge Jr.

SMU Science and Technology Law Review

The practice of law is changing, and most lawyers are unprepared for this metamorphosis. This statement is not an exaggeration but the acknowledgment that artificial intelligence (“AI”) has altered the way lawyers do business. Instead of having a “battle of forms,” attorneys will now be confronted with the “battle of computers.” Linking artificial intelligence and the law, however, is a natural progression. Both operate in similar fashions: each examines and applies “historical examples in order to infer rules to apply to new situations.”

While many attorneys are unsure how to integrate this new technology into their practices, they already use …

Cryptocurrency’S Clash With Bankruptcy: Insolvent Crypto Exchange Companies Create Difficulties For Courts & Customers, Mary Taylor Stanberry

SMU Science and Technology Law Review

This comment explores the novelty of cryptocurrency, its legal ambiguity in the realms of securities, property, and tax law, and the difficulties arising from insolvent crypto-exchange company’s estates within the context of the United States Bankruptcy Code. For the purposes of this comment, individuals who invested in crypto-exchange platforms will be referred to as “customers” rather than “investors” to avoid potential confusion in the context of 11 U.S.C. § 507 of the Bankruptcy Code. Customers who invested with insolvent crypto-exchange companies are concerned about being last in line for repayment of their investments based on traditional bankruptcy creditor priority. These …

Foreword, Jacqueline Scott Corley The Honorable

The Judges' Book

No abstract provided.

Table Of Contents

The Judges' Book

No abstract provided.

Constitutional Law: Lochner Revenant: The Dormant Commerce Clause & Extraterritoriality, Robin Feldman, Gideon Schor

The Judges' Book

No abstract provided.

Civil Litigation: Rulemaking’S Second Founding, Richard Marcus

The Judges' Book

No abstract provided.

Constitutional Law: The Realities Of Takings Litigation, Dave Owen

The Judges' Book

No abstract provided.

Criminal Law: Cop Tracing, Jonathan Abel

The Judges' Book

No abstract provided.

Poverty Law: Brains Without Money: Poverty As Disabling, Emily R.D. Murphy

The Judges' Book

No abstract provided.

Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

The Judges' Book

No abstract provided.

Supreme Court Rulemaking: The Making Of The Supreme Court Rules, Scott Dodson

The Judges' Book

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud

UC Law SF International Law Review

In this paper, I use the certainty-severity tradeoff as my analytical lens—a novel move in antitrust—to explain the difference between U.S. and Indian antitrust law. I argue that, in antitrust, India prefers certainty of enforcement while the U.S. prefers severity of enforcement. This difference is not driven by doctrine or economic policy; rather, I locate this difference in six key institutional factors. And using economic theory, I argue that a difference in social attitudes to risk explains and justifies this institutionally-manifested difference in law.

Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert

UC Law SF International Law Review

Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). If approved, states would be permitted to adopt domestic measures suspending the minimum protections afforded to Covid-19 vaccine patents under the TRIPS Agreement. In this article, I consider whether the owners of Covid-19 vaccine patents may have a compensable indirect expropriation claim under investment treaty arbitration against …

Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge

UC Law SF International Law Review

No abstract provided.

The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler

UC Law Science and Technology Journal

Not only is Artificial Intelligence (AI) present everywhere in people’s lives, but the technology is also now capable of making unpredictable decisions in novel situations. AI poses issues for the United States’ traditional criminal law system because this system emphasizes mens rea’s importance in determining criminal liability. When AI makes unpredictable decisions that lead to crimes, it will be impractical to determine what mens rea to ascribe to the human agents associated with the technology, such as AI’s creators, owners, and users. To solve this issue, the United States’ legal system must hold AI’s creators, owners, and users strictly liable …

Reversing The Irreversible: Mitigating Legal Risks Of Blockchain-Based Data Breach Through Corporate Governance, Katayoon Beshkardana

UC Law Science and Technology Journal

The European General Data Protection Regulation (GDPR) embodies a set of enforceable data subject rights, data controller and processor obligations, and compliance requirements. The GDPR outreach is extraterritorial and impacts US blockchain-based businesses that collect and process personal data of individuals from the EU. Given the ambiguities of the law itself surrounding what is considered as personal data on blockchain, and who data controllers and processors are, this research examines the corporate governance response to the GDPR as a bottom-up solution for compliance. To secure the sustainability of the business models based on blockchain solutions there is an immediate need …

Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa

William & Mary Journal of Race, Gender, and Social Justice

Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …

Decolonizing Equal Sovereignty, Rosa Hayes

William & Mary Journal of Race, Gender, and Social Justice

In Shelby County v. Holder, 570 U.S. 529 (2013), the Supreme Court announced that a tradition of equal sovereignty among the states prohibits unwarranted federal intrusions into state sovereignty and invoked this newly created doctrine to strike down Section 4(b) of the Voting Rights Act. Scholarly critiques in Shelby County’s immediate aftermath debated the constitutional validity of the Court’s equal sovereignty reasoning and warned of the dire threat the VRA’s effacement posed to voting rights—concerns that recent litigation have vindicated.

But other recent litigation suggests that, abstracted from its problematic and consequential origins, equal sovereignty may be deployed …

Environmental Assessment In A Time Of Rapid Change And High Uncertainty: The Addition Of Resilience Assessment To Nepa, Bronson J. Pace, Barbara A. Cosens

William & Mary Environmental Law and Policy Review

This Article turns to ecological resilience theory to understand the behavior of SES [socioecological system] undergoing change. Informed by the emergent and surprising behavior of these complex systems, this Article argues for the option of resilience assessment under NEPA [National Environmental Policy Act] for use in application to climate adaptation measures in the United States. The amendment also provides an alternative approach to pre-project judicial review to ensure legitimacy within a more flexible process.

To this end, Part I addresses why an alternative approach to environmental assessment is needed in the context of climate adaptation by providing an overview of …

Disclosing Esg Matters: Advancing Nonfinancial Policy Through The Sec, Anna Bailey

William & Mary Environmental Law and Policy Review

This Note argues that mandatory ESG [environmental, social, and governance] disclosure would be a valuable step in the larger fight against the deleterious effects of climate change. First, standardized disclosure would provide investors a better understanding of the climate risks associated with their investments by increasing the quality of that information supplied. This standardization would be a valuable driver in corporate behavior because mandated disclosure tends to result in shifts in corporate behavior. Previous examples of disclosure for nonfinancial risks, such as disclosure relating to state sponsors of terrorism and use of conflict minerals, illuminate how mandating ESG disclosure will …