Law Commons^™

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

Non-Investment Finance In An Nft World, Joan Macleod Heminway

Book Chapters

Recent years have witnessed the rise of NFTs as vehicles for non-investment finance, including in nonprofit and political fundraising. As with other financial sectors in which NFTs have a role, the use of NFTs in financing nonprofits and political campaigns and committees has revealed gaps and ambiguities in existing legal regulatory systems. Appetite exists to evolve legal frameworks to complete and clarify applicable bodies of law and regulation.

This chapter undertakes to illuminate and reflect on the use of NFTs in financing nonprofits, political campaigns, and political committees. It begins by reviewing general aspects of the non-investment Internet finance environment …

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton

Book Chapters

America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …

Algorithmic Tacit Collusion, Maurice E. Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.

Antitrust, Algorithmic Pricing And Tacit Collusion, Maurice Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.

Donald Trump And America's New Class War, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Antitrust Enforcement And Market Power In The Digital Age: Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.

Russia’S 2020 Constitutional Amendments And The Entrenchment Of The Moscow Patriarchate As A Lever Of Foreign Policy Soft Power, Robert C. Blitt

Book Chapters

Much has been written about the Kremlin’s embrace of the Russian Orthodox Church—Moscow Patriarchate (ROC) as a lever of soft power for advancing Russia’s foreign policy. Based on the substance of the constitutional amendments ratified in July 2020, this chapter reasons that the church-state partnership is poised to grow stronger and more entrenched in the coming years.

After briefly highlighting the energizing effect several key constitutional amendments are likely to have on existing Kremlin foreign policy objectives, this chapter offers an assessment of the ROC’s central role in disseminating and advocating these newly minted constitutional norms across its international platforms …

Procedural Barriers To The Use Of Title Ix As A Defense For Transgender Students In State Juvenile Justice Proceedings, Briana Rosenbaum

Book Chapters

No abstract provided.

U.S. Securities Crowdfunding, Joan Macleod Heminway

Book Chapters

In May 2016, a U.S. federal registration exemption for crowdfunded securities offerings came into existence (under the earlier adopted CROWDFUND Act) as a means of helping startups and small businesses obtain funding. In theory, this exemptive regime was an attempt to fill gaps in U.S. securities law that handicapped entrepreneurs and their promoters from obtaining equity, debt, and other financing through the sale of financial investment instruments using digital offering platforms. The use of the internet for business finance is particularly important to U.S. entrepreneurs who may not have access to traditional, institutionalized sources of funding because of their own …

Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Raising The Impact Factor Of The Library: Using The U.S. News & World Report’S Upcoming Academic Impact Law School Rankings To Boost The Academic Standing Of Law Librarians, Paul Mclaughlin

Law Library Faculty Scholarship

This article recommends that law libraries and their librarians use the upcoming U.S. News & World Report’s academic rankings for law schools as an opportunity to enhance academic law libraries’ standing in the legal profession and to elevate law librarians’ statures within law schools.

This is an original manuscript / preprint of an article published by Taylor & Francis in Legal Reference Services Quarterly on Sept. 18, 2020, available online: https://doi.org/10.1080/0270319X.2020.1818476.

Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke

Book Chapters

No abstract provided.

Introducing Homeschooling Students To The Librarian Profession And Personality Types, Paul Mclaughlin

Book Chapters

The librarian profession needs diversity in its membership to provide service to the variety of patrons who visit libraries and to have the array of skills needed for a library to succeed. Jaeger and Franklin (2017, 23–24) have encouraged the use of inclusive services and outreach programs that take advantage of the diversity inherent in the United States’ population to stir interest in the librarianship profession. Homeschooling students come from a variety of cultural and social backgrounds and rely on public libraries to gain access to curriculum materials, educational programming, and technology. Librarians can use outreach programs to introduce homeschoolers …

Ethical Considerations: Corporate Social Responsibility And The 21st Century, Joan Macleod Heminway, Irma S. Russell

Book Chapters

This chapter provides perspectives on the balance of professional and personal ethical considerations that lawyers must achieve to deal effectively and ethically with the conundrums they face in their representation of business clients. This task requires consideration of both issues that some might regard as isolated (or at least mundane and local) and, at the same time, issues that are global and existential—critical to the survival of our species. Although the focus is on the role of lawyers, the challenges con- fronted by lawyers and the rules governing their conduct also inform the ethical responsibilities and role of nonlawyers.

The …

Theorizing Sexual Violence Against Men In The Middle East And North African Region As Gender-Related Persecution Under Refugee And Asylum Law, Valorie K. Vojdik

Book Chapters

No abstract provided.

The United States International Religious Freedom Act, Nonstate Actors, And The Donbas Crisis, Robert C. Blitt

Book Chapters

This chapter explores whether recent changes to the International Religious Freedom Act (IRFA) furnish the U.S. government with effective tools for engaging with and taking potential action against nonstate actors, such as the self-proclaimed Donetsk People’s Republic (DPR) and the Luhansk People’s Republic (LPR), operating in the context of the Donbas crisis. Among the major amendments to IRFA introduced at the end of 2016, the statute now provides the U.S. government with the formal obligation to report on violent nonstate actors (NSAs) found to be violating freedom of religion or belief. In addition, the executive branch may designate those NSAs …

Federalism, Entitlement, And Punishment Across The U.S. Social Welfare State, Wendy A. Bach

Book Chapters

In a 2018 letter the Trump Administration announced that it was open to proposals to include work requirements and other changes in state Medicaid programs. These proposals came in the form of administrative waiver requests that would allow particular states the flexibility to change the rules of Medicaid eligibility in their state. They were seeking permission to condition the receipt of Medicaid on compliance with work requirements and to “align” the Medicaid program with programs like Temporary Assistance to Needy Families. The Obama administration had consistently rejected such requests on the grounds that work requirements did not further the aims …

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal’S Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

Law Library Faculty Scholarship

Children and animals are treated much the same under the law. Both are seen as having limited, if any, legal rights. For children there are legal processes that can be used to determine if a minor is mature enough to be considered a legal person for life affecting decision making considerations and emancipation proceedings. Animals, no matter what their intelligence levels, are not allowed an opportunity to be found as legal persons and are denied the rights, privileges, and responsibilities that legal personhood bestows. This article looks at the similarities between the historical treatment of children and animals and argues …

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul McLaughlin, Using Problem-Enhanced Library Tours Rather than Scavenger Hunts to Teach Incoming 1Ls About Legal Sources and the Research Process, 43 Southeastern L. Libr. 1, 20-22 (2018).

Published in Southeastern Law Librarian (volume 43) (Spring 2018).

Can They Do That? : The Limits Of Governmental Power Over Medical Treatment, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul Jerome McLaughlin Jr. (2017) Can They Do That?: The Limits of Governmental Power over Medical Treatment, Journal of Legal Medicine, 37:3-4, 371-388, DOI: 10.1080/01947648.2017.1385039

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Book Chapters

No abstract provided.

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Law Library Faculty Scholarship

Published as a chapter in Millennial Leadership in Libraries edited by Ashley Krenelka Chase.

How To Select A New Ils/Lsp Vendor, Eliza Boles, Carol Collins

Law Library Faculty Scholarship

No abstract provided.

Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul McLaughlin, Crafting Relatable Tales: Teaching Students the Importance of Multidisciplinary Legal Research Using a Story Arc Structure, 43 Southeastern L. Libr. 1, 16-18 (2018).

Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's “Time To Blossom”, Paul Mclaughlin

Law Library Faculty Scholarship

In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.

Citation: Paul Jerome Mclaughlin, Jr. (2017) Finding the Theory and Method for the Pedagogy of Teaching Legal Research: A Response to Callister's “Time …

Leveraging Academic Law Libraries To Expand Access To Justice, Paul Mclaughlin

Law Library Faculty Scholarship

Published in Law Library Journal (volume 109, issue 3), 2017.

Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.

Intermediating Crowdfunding: A Foundational Assessment, Joan Macleod Heminway

Book Chapters

No abstract provided.

Ethical Implications Of Posthumous Reproduction, Valarie K. Blake, Hannah L. Kushnick

Book Chapters

No abstract provided.

Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul Jerome McLaughlin, Jr., Journal of Medical Law and Ethics, Volume 4, Number 1, March 2016, pp. 23-38 (16).

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organizations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that …