Law Commons^™

Teenage Pregnancy, Parenting, And Abortion: Legal Limits On Adolescents' Reproductive Rights, Maya Manian

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As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This chapter argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law's apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …

Extractive Industries And Human Rights, Claudia Martin, Diego Rodriguez-Pinzon

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No abstract provided.

No Trademark, No Problem, Christine Haight Farley

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Does the Lanham Act permit a foreign business that has neither used nor registered its trademark in the United States to sue the owner of a U.S. trademark for its use of the same mark in the U.S.? A recent case from the Court of Appeals for the Fourth Circuit addressed this consequential question. In Belmora, LLC.v. Bayer Consumer Care A G, the Court of Appeals surprised the legal community and answered this question in the affirmative, reversing the district court's decision to reject the trademark claim because it was unsupported by a federally protected U.S. trademark.

The Belmora decision …

Informed Misdemeanor Sentencing, Jenny M. Roberts

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There is no such thing as a low-stakes misdemeanor. The misdemeanor sentence itself, which can range from time served to up to twelve years in some jurisdictions, is often significant. But the collateral consequences of such a conviction can be far worse, affecting a person’s work and home lives for decades, and sometimes for the rest of their lives. As a result of misdemeanor convictions, defendants can be fired from their jobs, barred from future employment in many fields, deported, evicted from public housing together with their entire family, and refused housing by private landlords.

Under most theories of punishment, …

Tobacco, Denormalization, Anti-Healthism, And Health Justice, Lindsay Wiley

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No abstract provided.

Experiential Learning And Assessment In The Era Of Donald Trump, Jamie Abrams

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Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and list-serv activity to prepare to implement these standards effectively. Missing from the dialogue about effective implementation of standards has been thoughtful consideration of how implementing these requirements will intersect with the challenges, realities, opportunities, and complexities of political divisiveness and polarization so prevalent in society and university campuses today.

Law schools are notably implementing these pedagogical …

Narrowly-Tailored Privatization, Brandon Weiss

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Affordable housing projects in the United States have served as an integral part, and often the backbone, of broader community economic development (CED) initiatives for as long as community development corporations (CDCs) have existed. As the field of CED evolves, and critical thinking about the role of law and lawyers within it continues to develop, it is important that this thinking include a rigorous reevaluation of how affordable housing strategies can best support the broader aims of CED. Evidence from eighty years of significant federal policy intervention in affordable housing, fifty years of experimentation by CDCs, and thirty years of …

Expanding Our Reach: Direct Client Representation Vs. Policy And Advocacy Impact In A Transactional Clinic, Joseph Pileri

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The 2016 presidential election was met immediately around the country with calls to action for lawyers to provide legal representation and resources to vulnerable populations that would inevitably be affected by the incoming presidential administration. Lawyers showed up en masse, for example, at airports to offer services to travelers and families impacted by the executive order banning individuals from several predominantly Muslim countries from entering the country. Those lawyers were not alone. Calls also went out around the clinical community to use clinicians’ positions and resources in ways that further our work on behalf of communities which suddenly found themselves …

The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo

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For fifty years, the core problem that gave rise to Miranda – namely, the coercive pressure of custodial interrogation – has remained largely unchanged. This article proposes bringing Miranda into the twenty-first century by developing a “Miranda App” to replace the existing, human Miranda warnings and waiver process with a digital, scripted computer program of videos, text, and comprehension assessments. The Miranda App would provide constitutionally adequate warnings, clarifying answers, contextual information, and age-appropriate instruction to suspects before interrogation. Designed by legal scholars, validated by social science experts, and tested by police, the Miranda App would address several decades of …

Policing Predictive Policing, Andrew Ferguson

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Predictive policing is sweeping the nation, promising the holy grail of policing – preventing crime before it happens. Police have embraced predictive analytics and data-driven metrics to improve law enforcement tactics, practice, and strategy. Predictive “hot spots” become targets for intensive police surveillance. Targeted “hot people” become suspects. In big cities and small towns, data-based predictions drive police patrol schedules. Risk assessment algorithms target suspicious individuals. Increased data collection fuels a growing feedback loop requiring more robust data crunching systems.All of these predictive innovations share one thing in common: a belief that crime can be understood by identifying and analyzing …

The 'Smart' Fourth Amendment, Andrew Ferguson

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“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life. Billions of sensors will soon collect data from smartphones, smart homes, smart cars, medical devices and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our bodies, houses, things, and digital effects fall within the Fourth Amendment’s protection of “persons, homes, papers, or effects”? Does interception of this information violate a “reasonable expectation of privacy?”The “Internet of Things” and the growing proliferation of smart devices create new opportunities for …

Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson

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Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age. Cell …

On The Necessity Of Preserving Access To State Courts And Civil Justice: Rediscovering Federalism & Debunking “Fraudulent” Joinder, Andrew F. Popper

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With nothing less than the survival of the civil justice system hanging in the balance, tort reformers and tort law defenders have been locked in a conflict that spans the last four decades. Courts and legislatures at every level (federal, state, and local) are besieged by those who seek to limit or eliminate tort liability, limit or eliminate accountability for personal injury, and limit or eliminate the capacity of those wronged by misconduct of every type to have access to courts, juries, and justice. Defenders of the civil justice system, a loosely coalesced amalgam of consumer groups, attorneys, and academics, …

Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller

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No abstract provided.

Luxembourg Judicial Style With Or Without The Uk, Fernanda Nicola

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“Were the Court to leave the world, the world would continue without our participation,” 1 writes Justice Breyer to explain that global constitutionalism will survive regardless of the more or less isolationist role that the US Supreme Court chooses for itself. In an era of increasing relevance of international treaties, Breyer explains, the Supreme Court has acquired a deeper knowledge of other legal systems and its judges welcome exchanges with foreign judges, bar associations and students.2 The parallel with the US context is that even if the United Kingdom leaves the EU and “Brexit means Brexit,” in its harder or …

Regulating Gun Rentals, Ira P. Robbins

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A machine gun overpowers a nine-year-old girl, erratically spraying bullets and accidentally killing her instructor; a perturbed mother slays her son and then takes her own life; a convicted felon circumvents federal prohibitions to access a firearm to commit suicide; and, perhaps most notably, Navy SEAL war veteran Chris Kyle, focus of the movie “American Sniper,” is murdered while attempting to help another veteran recover from post-traumatic stress disorder. We have all seen the headlines, but we have largely ignored the source of this heartbreak. The ramifications of these examples are not merely cinematic, but also involve families suffering from …

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas

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Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …

Comments On Omb's Interim Guidance Implementing Section 2 Of Executive Order 13,771 Reducing Regulation And Controlling Regulatory Costs, Jeffrey Lubbers

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No abstract provided.

Freeing The Law, Khelani Clay

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No abstract provided.

Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber

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The results of the 2016 presidential election and the efforts by the Trump administration to make sweeping changes to a wide range of federal policies have left communities across the country feeling overwhelmed and threatened. In its first year, the Trump administration has been working steadily to slash budgets for health care, housing, infrastructure, schools, and other public benefits that help low-income and middle-class Americans, while adopting policies and engaging in rhetoric that has made many immigrants, Muslims, people of color, and LGBTQ people feel increasingly vulnerable and marginalized.

The authors of this commentary run law clinics that provide pro …

Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea

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No abstract provided.

Human Rights Hero: Abner J. Mikva, Stephen Wermiel

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No abstract provided.

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

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No abstract provided.

Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett

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No abstract provided.

Paying It Forward To Build The Perfect Lawyer, David Spratt

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No abstract provided.

Introduction: Judges As Diplomats In Advancing The Rule Of Law: A Conversation With President Koen Lenaerts And Justice Stephen Breyer, Fernanda Nicola

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Introduction.On both sides of the Atlantic, Western countries have taken a well publicized and perhaps poorly understood turn toward leaders espousing extremist, xenophobic, and introspective politics that threaten the core tenets of liberal democracy. Electorates appear divided and confused as political leadership in Europe and the U.S. take measures that undermine the basic principles of the rule of law and human rights. Above all else, the designated defenders of the constitutional order, the supreme courts, have come under direct political attack in countries such as Hungary and Poland. Even in traditional bastions of Western democracy, like the United States and …

Freeing The Law, Khelani Clay

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Side Effects Of The Abortion Wars, Maya Manian

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Over the last several decades, as part of the movement against abortion rights, abortion has become increasingly stigmatized and isolated in women's health. The current segregation of abortion from the rest of women's medical needs brings us full circle back to questions raised by Roe v. Wade. Although Roe was rightly criticized as over-medicalizing the abortion decision and empowering doctors rather than women, we have now shifted to the opposite extreme of severing abortion completely from the realm of women's health. While it remains important to understand abortion access as necessary to sustaining women's right to equal citizenship, the public's …

The Commercial Appropriation Of Frame: A Cultural Analysis Of Right Of Publicity And Passing Off, Peter Jaszi

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Over several centuries, the rhetoric of 'gap filling' has often been invoked to naturalise expansions of intellectual property ("IP") rights-copyright term extension, the patenting of life forms, trademark disparagement, and so forth. The ready pragmatism of the phrase has definite audience appeal, making big changes sound like straightforward responses to external conditions-rather than choices about how to draw the line between private ownership and public discourse. We know, however, that once filled, 'gaps' tend to stay filled. Retrospective debates about the wisdom of such decisions tend to be (both literally and figuratively) of merely academic interest. So what is most …

We Have Lost A Sense Of Purpose About Eliminating Torture, Juan E. Mendez

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No abstract provided.