Seattle University School of Law
Northwestern Pritzker School of Law
CUNY John Jay College
Texas Fifth Court of Appeals
Cornell Law School
Fordham University School of Law
Indiana University Robert H. McKinney School of Law
Morality in Media & National Center on Sexual Exploitation
University of California, Hastings College of the Law
Childist Objections, Youthful Relevance, And Evidence Reconceived,
2023
Penn State Dickinson Law
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
Rucho In The State: Districting Cases And The Nature Of State Judicial Power,
2023
Marquette University Law School
Rucho In The State: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
A Tribute To Gerald S. "Geary" Reamey,
2023
St. Mary's University
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
St. Mary's Law Journal
No abstract provided.
Professor Reamey: A Mentor And A Friend,
2023
Saint Mary's University of San Antonio
Professor Reamey: A Mentor And A Friend, Victoria Mather
St. Mary's Law Journal
No abstract provided.
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference,
2023
Indiana University Maurer School of Law
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
A couple weeks ago, I had the opportunity to welcome future law students as part of our annual Admitted Student Day. From their seats in the Kathleen and Ann DeLaney Moot Court Room, they look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary. Juanita Kidd Stout ’48, Sue Shields ’61, Linda Chezem ’71 and Loretta Rush ’83 all face out into the sea of newly admitted students who one day hope to forge paths of their own.As we celebrate Women’s History Month, I wanted to …
The Failure Of Judicial Recusal And Disclosure Rules: Evidence From A Field Experiment,
2023
Northwestern Pritzker School of Law
The Failure Of Judicial Recusal And Disclosure Rules: Evidence From A Field Experiment, Dane Thorley
Northwestern University Law Review
U.S. courts rely predominately on judicial self-recusal and in-court disclosure to address judicial conflicts of interest and maintain a critical perception of impartiality. But these approaches fail to account for the legal, institutional, and social dynamics that surround the relationship between judges, attorneys, and the adjudicative process. In reality, judges rarely use their discretion to disclose conflicts or recuse themselves, and attorneys do not ask them to do so. If we understand both the legal and extralegal incentives at play in these decisions, none of these outcomes should be surprising. The shortcomings of recusal and disclosure rules are particularly salient …
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law,
2023
University of Richmond School of Law
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman
University of Richmond Law Review
Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …
Cftc & Sec: The Wild West Of Cryptocurrency Regulation,
2023
University of Richmond School of Law
Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett
University of Richmond Law Review
Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …
Table Of Contents,
2023
University of Richmond
Conditional Purging Of Wills,
2023
University of Wyoming College of Law
Conditional Purging Of Wills, Mark Glover
University of Richmond Law Review
The laws of most states unconditionally purge a testamentary gift to an individual who serves as an attesting witness to the will. Under this approach, the will is valid despite the presence of an interested witness, but the witness forfeits all, some, or none of her gift, depending on the particularities of state law. While the outcome of the interested witness’s gift varies amongst the states that adhere to this majority approach, the determination of what the interested witnesses can retain is the same. The only consideration is whether the beneficiary is also a witness; whether her gift is purged …
Grandma Got Arrested: Police, Excessive Force, And People With Dementia,
2023
Sturm College of Law, University of Denver
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
University of Richmond Law Review
Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.
To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters,
2023
South Texas College of Law Houston
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy
University of Richmond Law Review
Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long lurked in the shadows of the nation’s partnership formation caselaw. This Article tells the story of those undead cases—describing them, debunking them, and plotting their demise.
This zombie tale begins with the supposed black-letter law of partnership formation. In nearly every state, formation of a general partnership is governed by one of two uniform partnership acts. Under both acts, a business relationship ripens into a partnership whenever the statutory definition of partnership is satisfied. The parties’ intent to become “partners” (or not) is …
Solving Slapp Slop,
2023
Campbell University Norman Adrian Wiggins School of Law
Solving Slapp Slop, Nicole J. Ligon
University of Richmond Law Review
In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …
The Legal Ethics Of Family Separation,
2023
Texas A&M University School of Law
The Legal Ethics Of Family Separation, Milan Markovic
University of Richmond Law Review
On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents with minor children for unlawful entry; previous administrations generally placed families in civil removal proceedings. Since U.S. law does not allow children to be held in immigration detention facilities pending their parents’ prosecution, the new policy caused thousands of children to be separated from their parents. Hundreds of families have yet to be reunited.
Despite a consensus that the family separation policy was cruel and ineffective, there has been minimal focus …
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment,
2023
University of Richmond School of Law
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
University of Richmond Law Review
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
Memorizing Trade Secrets,
2023
University of Idaho College of Law
Memorizing Trade Secrets, Timothy E. Murphy
University of Richmond Law Review
The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information’s relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …
Resolving Regulatory Threats To Tenure,
2023
University of Iowa College of Law
Resolving Regulatory Threats To Tenure, Joseph W. Yockey
University of Richmond Law Review
Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress.
This Article examines the growing anti-tenure sentiment among state officials and …
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule,
2023
Villanova University Charles Widger School of Law
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
Villanova Law Review
No abstract provided.
The Owls: Some Difficulties In Judging Scientific Consensus,
2023
Villanova University Charles Widger School of Law
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
Villanova Law Review
No abstract provided.
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox,
2023
Villanova University Charles Widger School of Law
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
Villanova Law Review
No abstract provided.
