Law Commons^™

S22rs Sgr No. 9 (Front Yard Bikes), Harris Quadir

Student Senate Enrolled Legislation

A Resolution

To support the Front Yard Bikes agreement in regard to abandoned bikes and to urge and request LSU Administration to prioritize the completion of the agreement

S22rs Sgr No. 13 (Syllabus Database), Samantha Staggs, Jace Canafax, Hunter Holliday, Lyric Mandell, Nicole Nguyen, Hamood Qureshi

Student Senate Enrolled Legislation

A Resolution

To urge and request LSU to remind and encourage faculty members to upload their syllabus to the syllabus database before the start of the semester to allow students better start

S22rs Sgr No. 23 (Hb 183), Colin Raby, Harris Quadir, Angel Puder

Student Senate Enrolled Legislation

A Resolution

in support of Louisiana House Bill No. 183 introduced by the State Legislature, that prohibits "public postsecondary education institutions from withholding certain services due to defaulting on a loan; and to provide for related matters."

S22rs Sgr No. 24 (Carceral Labor), Adam Dohrenwend, Cooper Ferguson, Angel Puder, Harris Quadir, Hamood Qureshi, Colin Raby, Daniela Sestich, Michael Wilcher, Landon Zeringue

Student Senate Enrolled Legislation

A Resolution

To urge and request Louisiana State University to issue an official public statement regarding their plans for carceral labor to not return to the A&M Campus

Taxing Choices, Tessa R. Davis

Faculty Publications

Tax has a choice problem. At all stages of the making of tax, choice plays a role. Lawmakers consider how tax will impact the range and appeal of choices available to an individual. Scholars critique how tax may drive an individual toward or away from a given choice. Courts craft stories of how an individual had either free or deeply constrained choice, using their perception of the facts to guide their interpretation of tax law. And yet for all the seeming relevance of choice to tax, we have no clear definition of what we mean when we talk about choice …

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Health In The Hills: Understanding The Impact Of Health Care Law In Rural Communities, Jacqueline R. Fox

Faculty Publications

No abstract provided.

Examining The Bar Exam: An Empirical Analysis Of Racial Bias In The Uniform Bar Examination, Scott Devito, Kelsey Hample, Erin Lain

University of Michigan Journal of Law Reform

The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article seeks to understand how the bar examination—the final hurdle to entering the profession— contributes to this dearth of diversity. Using publicly available data, we analyze whether the ethnic makeup of a law school’s entering class correlates to the school’s first-time bar passage rates …

Second Chances: Why Michigan Should Categorically Prohibit The Sentence Of Juvenile Life Without Parole, Richard Zhao

University of Michigan Journal of Law Reform

The United States is the only country in the world that sentences children to die in prison. This practice, known as juvenile life without parole (JLWOP), is condemned by the United Nations Convention on the Rights of the Child. Yet twenty-five states still permit the sentence, and Michigan houses one of the nation’s largest JLWOP populations. Despite the U.S. Supreme Court’s ban on some forms of JLWOP, more must be done to further limit the use of this sentence. The current JLWOP sentencing scheme is untenable, imposes a significant financial burden on taxpayers, and perpetuates racial inequality. This Note explores …

Another Katz Moment?: Privacy, Property, And A Dna Database, Claire Mena

University of Michigan Journal of Law Reform

The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The understanding of these words seems to shift as new technologies emerge. As law enforcement’s arsenal of surveillance techniques has grown to include GPS tracking, cell phones, and cell site location information (CSLI), the Supreme Court has applied Fourth Amendment protections to these modern tools. Law enforcement continues to use one pervasive surveillance technique without limitations: the routine collection of DNA. In 2013, the Supreme Court in Maryland v. King held that law enforcement may routinely …

Advancing Reproductive Justice In Latin America Through A Transitional Justice Lens, Rosario Grimà Algora

Michigan Journal of Gender & Law

Reproductive autonomy is a pivotal part of women’s access to equal citizenship, yet it has not been included in any international nor regional human rights treaty. In the past decades, the U.N. Committees, notably the CEDAW Committee, and regional human rights bodies, particularly the Inter-American System for the Protection of Human Rights, have timidly advanced reproductive justice through their jurisprudence, including through the use of reparations. Drawing from the standards of reparations developed in the field of transitional justice, human rights bodies increasingly rely on reparations to enhance the transformative effects of their decisions. These reparations intend to include a …

Trek To Triumph, Briaunna Buckner

Michigan Journal of Gender & Law

I was screaming in the stairwell of my home, holding a dead baby. The air was so thick that I could barely breathe. Tears were racing down my face as her twin sister, Zola, was screeching at the top of her lungs. “WHY LORD, don't take my baby!” Every emotion, every word, and every second after that moment felt black. All the sweet memories from just eight days of being able to hold her, kiss her, and love her fell in a black pit along with the dreams I had for my life. As I looked down at my sweet …

Title Ix And The Alleged Victimization Of Men: Applying Twombly To Federal Title Ix Lawsuits Brought By Men Accused Of Sexual Assault, Zoë Seaman-Grant

Michigan Journal of Gender & Law

This Note provides a survey of the current state of Title IX law as applied to anti-male bias lawsuits and suggests how courts should apply Twombly’s plausibility standard to anti-male bias claims going forward. Part I of this Note provides an overview of sexual violence on college campuses and the history of Title IX regulations and jurisprudence. Part II offers a brief history of Title IX anti-male bias lawsuits, examines the structure of anti-male bias lawsuits, and analyzes the various pleading standards applied by courts. Part III lays out the types of facts pled by Title IX anti-male bias …

Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji

Michigan Journal of Gender & Law

Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their …

The Home Of The Dispossessed, Allison Anna Tait

Michigan Journal of Gender & Law

The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them—the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when people who have deep connections to the objects that populate their lived spaces are not those who possess the legal rights of ownership. These individuals and groups—usually excluded from the realm of property ownership along lines of gender, race, and ethnicity—live on an …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

A Knife In A Gunfight: Empowering North Carolina Municipalities To Close The Digital Divide, Pearson Cost

North Carolina Journal of Law & Technology

No abstract provided.

A "Slam Dunk" Against Discrimination: The Lawsuit That Could Spearhead Accessibility In The Digital World, Ellenor Brown

North Carolina Journal of Law & Technology

No abstract provided.

Manipulation, Privacy, And Choice, Kirsten Martin

North Carolina Journal of Law & Technology

No abstract provided.

The Perfect Storm? Opioid Epidemic Meets Covid-19 Pandemic: Reevaluating The Role The Ryan Haight Act And The Dea Play In The Future Of Safe Access To Virtual Healthcare, Allison Gray

North Carolina Journal of Law & Technology

No abstract provided.

This Is No Ovary-Action: Femtech Apps Need Stronger Regulations To Protect Data And Advance Public Health Goals, Allysan Scatterday

North Carolina Journal of Law & Technology

No abstract provided.

Reverse Location Search Warrants: Law Enforcements' Transition To 'Big Brother', Cassandra Zietlow

North Carolina Journal of Law & Technology

No abstract provided.

Where In The World Is My Data Today? The U.S.-U.K. Bilateral Data Access Agreement Ushers In A New Era Of Cross-Border Data Sharing For Criminal Investigations, Krista Peace

North Carolina Journal of International Law

No abstract provided.

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

Truth Or Consequences (The Deadly Kind): Oath Swearing In Nigerien Customary Law, Thomas A. Kelley Iii

North Carolina Journal of International Law

No abstract provided.

How Transnational Law Complicates Treaty Interpretation, Stephen D. Walt, Bruno Zeller

North Carolina Journal of International Law

No abstract provided.

Judicial Protection Of Medical Liberty, Deana Pollard Sacks

Florida State University Law Review

No abstract provided.

The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow

The Mid-Southern Journal of Criminal Justice

There has been a specter haunting America for over 400 years. That specter is an insidious and destructive beast that has found its way into every crevice and layer of all American institutions. Racism, racial stereotypes, racial stigma, biases, and White supremacy has infiltrated every power structure since the foundation of America and has created a system of social control that has perpetually oppressed, marginalized, and disenfranchised generations of people of color. One of the most catastrophic by-products generated from America’s historic racist ideology has been that of the over-criminalization of people of color for drug crimes justified by discriminatory …

E-Museletter: April 2022, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Handle With Care: Ford Motor Company V. Montana Eighth Judicial District Court And Its Effect On The Ninth Circuit’S But-For Test, Dimitrios Tsolakidis

Montana Law Review

No abstract provided.

Studying Nonobviousness, Jason Rantanen, Lindsay Kriz, Abigail A. Matthews

UC Law Journal

Many scholars have observed that an empirical study is only valid to the extent it is reliable. Yet assessments of the reliability of empirical legal studies are rare. The closest most scholarship comes is to compare the results of their studies to those of others. As a result, in many legal fields, including intellectual property law, scholars lack a grounded understanding of how valid or reliable empirical legal studies really are.

This Article examines the reliability of empirical studies of judicial decisions by closely comparing two recent studies of the patent law doctrine of nonobviousness. We find these studies provide …