Law Commons^™

Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch

Faculty Publications

In Purple Communications, Inc., 361 N.L.R.B. 1050 (2014), the NLRB set forth a new analysis covering employees’ use of employer-provided email. Under this analysis, which is based on the Supreme Court’s seminal decision in Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the Board presumes that employees who have access to their employer’s email as part of their work duties can use that email for Section 7 purposes during nonwork time. Purple Communications, 361 N.L.R.B. at 1063. The employer can rebut this presumption by showing that special business circumstances justify additional restrictions on employees’ email use. …

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa B. Hessick

Faculty Publications

Tentative thoughts on what professional norms ought to apply to law professors who engage in a now popular form of public discourse: Twitter. Specifically, it is suggested that law professors should assume that, each time they tweet about a legal issue, they are making an implicit claim to expertise about that issue. It is also suggested that when law professors participate on Twitter, they should do so in a fashion that models the sort of reasoned debate taught to law students.

Tweets To A Young 1l, Rachel I. Gurvich

Faculty Publications

A series of eleven tweets ruminating about the author's law school experience received a positive and enthusiastic response from many lawyers, law professors, and law students, and ultimately caught the eye of one of the Green Bag’s editors. This short piece unpacks and contextualizes those tweets. The original tweets appear below, numbered as they first appeared on Twitter.

What Should We Do After Work? Automation And Employment Law, Cynthia L. Estlund

AI-DR Collection

Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the past, will new jobs absorb workers displaced by automation? These hotly debated questions have profound implications for the fortress of rights and benefits that the law of work has constructed on the foundation of the employment relationship. This Article charts a path for reforming the law of work in the face of both justified anxiety and uncertainty about the future impact of automation on jobs.

Automation is driven …

Green Bag Cataloging Trivia, Aaron S. Kirschenfeld

Faculty Publications

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Tracing Equity, Melissa B. Jacoby, Edward J. Janger

Faculty Publications

No abstract provided.

The Attorney-Client Privilege, Client Professions And Wrongful Convictions: Immunity As A Statutory Solution, Richard E. Myers Ii

Faculty Publications

No abstract provided.

Automation And The Income Tax, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Citation Literacy, Alexa Z. Chew

Working Papers

New lawyers and law students spend a lot of time worrying about legal citation. But most of that time is spent worrying about the wrong thing—formatting. The primary purpose of legal citation is to communicate information to the reader. Thus, legal citations are integral parts of the legal documents that lawyers read and write. But rather than viewing citation as communication, law students, and the new lawyers they become, tend to view it as a formatting sideshow dictated by the Bluebook or other citation style guides. This view is both inaccurate and counterproductive.

I argue that the reason for this …

Framing Failure In The Legal Classroom: Techniques For Encouraging Growth And Resilience, Kaci Bishop

Working Papers

This Article argues that law schools should endeavor to help students maximize their learning and their potential as attorneys by helping them accept and learn from failure.

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.

The Limits On Congress’S Power To Do Nothing, William P. Marshall

Faculty Publications

No abstract provided.

Taxing The Gig Economy, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Copyright Policy As Catalyst And Barrier To Innovation And Free Speech, Amanda Reid

Faculty Publications

No abstract provided.

The Evolution Of The Voice And Vote Of Student-Athletes In Ncaa Division I Governance, Lissa L. Broome

Faculty Publications

This paper explores the evolution of the student-athlete voice and vote in the NCAA Division I governance structure.

The Third Precedent, Kevin Bennardo

Faculty Publications

No abstract provided.

Beware The Trademark Echo Chamber: Why Federal Courts Should Not Defer To Uspto Decisions, Deborah R. Gerhardt

Faculty Publications

This Article explains why federal courts should not defer to United States Patent and Trademark Office (USPTO) trademark decisions. Under United States trademark law, actual use of a mark on specific goods or services is required to support federal trademark registration. The USPTO processes a tremendous volume of applications to register trademarks. In order to do so expeditiously, trademark examiners use heuristics drawn from past USPTO registration data. While markets continually change, each trademark registration is updated at five or ten-year renewal intervals. Accordingly, much of the data does not reflect current market use. A recent audit established that many …

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

A Modern Union For The Modern Economy, Jeffrey M. Hirsch, Joseph A. Seiner

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.

Sexual Orientation And Gender Identity Discrimination, Holning S. Lau

Faculty Publications

No abstract provided.

The Constitutionality Of School Prayer: Or Why Engel V. Vitale May Have Had It Right All Along, William P. Marshall

Faculty Publications

No abstract provided.

Mccleskey V. Kemp: Field Notes From 1977-1991, John Charles Boger

Faculty Publications

No abstract provided.

Interpreting Contracts Without Context, John F. Coyle, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Sharks And Minnows In The War On Drugs: A Study Of Quantity, Race And Drug Type In Drug Arrests, Joseph E. Kennedy, Isaac Unah, Kaci Wahlers

Faculty Publications

No abstract provided.

The President’S Immigration Courts, Catherine Y. Kim

Faculty Publications

No abstract provided.