Law Commons^™

Child Content Creators And Just Compensation: A Policy Expansion On 'Coogan Law' For Child Social Media Stars, Deanna Cooper

Lincoln Memorial University Law Review Archive

The realm of child entertainers utilizing social media platforms for influencer marketing and monetizing their original content is ever-changing, and officials who could manufacture legislation changes to protect those financial futures have long been locked in a stalemate. Child actors and child entertainers in traditional workplace settings have financial protections under ‘Coogan Law,’ a state law enacted to safeguard a portion of the minor’s earnings in a trust account until they reach the age of majority and to protect their assets from exploitation and financial abuse by their managers and/or family members. Those same underaged content creators earn thousands of …

Federal Action To Cure State Inaction: Protecting Consumers From The Perils Of Payday Lending, Gabriel Martin

Lincoln Memorial University Law Review Archive

The United States thrives under its unique brand of federalism, allowing states to become laboratories of democracy, tailoring their innovations to meet the needs of constituents. Yet, when state governments are unable or unwilling to take action, it is incumbent upon the federal government to establish a baseline. The rather recent rise of payday loans presents a case study that illustrates a scenario where state innovation, or lack thereof, produced vastly disparate laws among the states. While some states take more consumer-friendly approaches to combat the adverse outcomes of payday loans, a majority of states have done little to quell …

Regulating Rape Within The Virtual World, Chandler Horne

Lincoln Memorial University Law Review Archive

As virtual reality applications become more accessible to the general public, the opportunity for immoral user interactions has shifted from possible to probable. While although virtual reality applications have revolutionized the tech industry, they have also initiated an evolution of virtual crimes, such as virtual rape. Virtual rape refers to when a virtual user exploits their avatar to rape the avatar of another virtual user. When virtual rape occurs, user rapists are often left unpunished, and user victims are often left without recourse. This paper examines how rapes occurring within virtual reality applications can be adjudicated under real-world laws. Specifically, …

From Paper To Prison: How A Rapper's Bars Can Land Them Behind Bars, Sean Freeland

Lincoln Memorial University Law Review Archive

The United States judiciary has historically treated some criminal defendants worse than others. This paper seeks to shed light on the current shortcomings of the judiciary as it relates to lyricists. Specifically, prosecutors are targeting rap artists on trial for various crimes by seeking to admit their rap lyrics as propensity evidence. This paper is divided into three parts. First, it aims to examine a small aspect of free speech in America and points out its various problems. Further, this paper identifies a solution that should make admitting art as evidence more difficult for prosecutors; as such, the second part …

Has The "Cyber-Marketplace Of Ideas" Gone Rogue?, Matthew J. Blaney

Lincoln Memorial University Law Review Archive

To this day, First Amendment jurisprudence protects the rights of speakers whose views the overwhelming majority of people may find distasteful or discomforting—at least offline, that is. The internet and social media, however, present a complex case for whether or not to regulate hate speech online.Social media has done a tremendous deal of good in the world—including serving as the foundation for promoting awareness of police brutality and the #MeTooMovement. Nevertheless, social media has seen a tsunami of hate since the beginning of the Covid-19 pandemic, and the situation is only escalating. And worst of all, the social media platforms …

Trial By Media: Where Fact & Fiction Co-Exist In High-Profile Cases, Sophie Fielder

Lincoln Memorial University Law Review Archive

Media presence in any U.S. courtroom has long included a debate between the First and Sixth Amendments of the U.S. Constitution, especially within high-profile criminal trials. However, while most federal courts choose to disallow live streaming of trials, state courts continue to vary on the levels of media involvement within their courtrooms. Furthermore, parties involved in civil trials receive less constitutional protection; as such, we’ve seen the media’s presence run wild within the last couple of years, turning respected courtrooms into entertainment circuses and exposing jurors to influential media more than ever. In a world not only consumed by technology …

Mere Touches With Massive Ramifications: An Analysis Of _Torres V. Madrid_ And Its Potential Effects On Police And Section 1983 Plaintiffs, Dalton Parks

Lincoln Memorial University Law Review Archive

Since its inception, the Supreme Court has often struggled to interpret what constitutes a seizure under the Fourth Amendment. While what constitutes a search under the Fourth Amendment has two sturdy foundations in _Katz v. United States_ and _United States v. Jones_, the same cannot be said for seizures, specifically seizures of persons. In 2021, the Court attempted to remedy the situation and craft a workable seizure definition in _Torres v. Madrid_. Instead of building on existing precedent and creating stability in the law, the majority in _Torres_ muddied the seizure waters further when they disregarded more than half a …

The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Confused About Copyright?, Sara Anne Hook

Graduate Scholarship and Professional Work

No abstract provided.

The Constraint Of History, Lorianne Updike Toler, Robert Capodilupo

College of Law Faculty Publications

Accepted wisdom dictates that history does not constrain the behavior of the Supreme Court. Rather, it is merely a tool used to legitimize legal outcomes predetermined by policy. Recent studies claim to have confirmed this state of play, providing “proof” for the cynic and impelling apologists to fashion new justifications. Yet this study of all cases referencing the Constitutional Convention provides evidence that history can constrain judicial interpretation of the Constitution.

As proof of concept, this Article analyzes the extent to which Justices’ use of primary and secondary sources when referencing the Constitutional Convention is associated with casting cross-partisan votes …

Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones

Honors Projects

DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

The Impact Of International Non-Governmental Organizations On International Environmental Policy: Greenpeace As A Model, Siham Hathouti, Nayif Ahmed Dhahi

Journal of STEPS for Humanities and Social Sciences

Greenpeace is one of the largest and most active international non-governmental organizations in the environmental field. It is making great efforts to defend environmental issues at the international level, also To raise awareness of them, and to limit the effects of threats that our planet facing.

Due to the successes it has accumulated, and the developments it has witnessed throughout its struggle, Green Peace was able to prove its presence on the international scene, and its directions and positions have become more accurate at the present time than they were in the past and more effective, after it had a …

What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Why I Am No Longer A Jew, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters

University of Massachusetts Law Review

Patents are necessary to incentivize innovation because they grant owners the right to protect inventions. To be patentable, an invention must be useful, it must be novel, and it must not be obvious. But the judiciary has struggled to apply the latter requirement, non-obviousness, particularly for highly technical innovations subject to FDA regulations. For these innovations, the progression through the regulatory jungle can take ten to twenty years and millions of dollars (2.6 billion for a pharmaceutical drug). The complexities of the regulatory process can also render an innovation unprotected by patent rights because, by the end of the process, …

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: …

If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …

On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …

Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei

Saint Louis University Journal of Health Law & Policy

A growing population of transgender, nonbinary, and other gender non-conforming Americans experience the burden of multiple physical and mental health inequities. Largely rooted in discrimination and stigma, these disparities are compounded by barriers to respectful, appropriate healthcare.

A range of new policies, including state laws attempting to limit access to gender-affirming care for minors, may further compound health disparities. However, in some states and at the federal level, protective laws seek to prohibit discrimination and support access to care. Meanwhile, the constitutional status of gender identity under the Equal Protection Clause, and the legality of certain federal protections challenged on …

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals