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Only Where Justified: Toward Limits And Explanatory Requirements For Nationwide Injunctions, Milan D. Smith Jr. 2020 Circuit Judge, United States Court of Appeals for the Ninth Circuit

Only Where Justified: Toward Limits And Explanatory Requirements For Nationwide Injunctions, Milan D. Smith Jr.

Notre Dame Law Review

In Part I of this Article, I discuss the existing law and current debates surrounding nationwide injunctions. I consider the origins of both the apparent recent surge in the issuance of nationwide injunctions and the apparent recent surge in skepticism concerning nationwide injunctions. In Part II, I analyze the potential justification for issuance of a nationwide injunction that I find most compelling, and on which basis I argue a court is well within the bounds of Article III notwithstanding the indirect benefits of such injunction to nonparties. In Part III, I consider three other sometimesasserted justifications that I argue courts ...


The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski 2020 University of Virginia School of Law

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus ...


An Examination Of Defense Attorney Knowledge Of Dispatcher Practices In Eyewitness Calls, Elena Christofi 2020 CUNY John Jay College

An Examination Of Defense Attorney Knowledge Of Dispatcher Practices In Eyewitness Calls, Elena Christofi

Student Theses

911 dispatchers are often the first point of contact for witnesses to crimes. Dispatchers have an important role in collecting information related to a witness’ observations and recollection of events, and this information can serve as primary evidence in criminal cases. Therefore, it is crucial that evidence collected from eyewitnesses is as accurate and detailed as possible. In the present study, we investigated defense attorneys’ perceptions on how dispatchers gather information from eyewitnesses during 911 calls, because little is known with respect to how defense attorneys review, use, and challenge 911 calls. Using an online survey, we asked defense attorneys ...


The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report, Ruthann Robson 2020 CUNY School of Law

The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report, Ruthann Robson

Michigan Journal of Gender & Law

The numerous allegations of sexual misconduct—unwanted, unwelcome, often aggressive sexual behavior—levied against Donald Trump merit attention and redress. Despite obstacles to civil remedies, there has been some litigation, but it has mostly been unsatisfactory. The many allegations reported in the media have not been amenable to judicial, legislative, executive, or political resolution. Women, including women who allege Trump committed sexual misconduct against them when they were minors, have generally not been afforded the remedies to which they are entitled.

Because litigation and media accounts have proven inadequate to the task of addressing Trump’s sexual misconduct, there should ...


The Army’S G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott 2020 St. Mary's University School of Law

The Army’S G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott

St. Mary's Law Journal

Abstract forthcoming.


Wayfair Or No Fair: Revisiting Internet Sales Tax Nexus And Consequences In Texas, Jennifer Mendez Lopez 2020 St. Mary's University School of Law

Wayfair Or No Fair: Revisiting Internet Sales Tax Nexus And Consequences In Texas, Jennifer Mendez Lopez

St. Mary's Law Journal

Since 1967, the Supreme Court has revisited the issue of nexus requirements in interstate commerce to keep up with social and technological advancements. However, these restrictive requirements have deprived states of a substantial tax basis. As technology continues to develop exponentially, this presents the need for a new standard that overturns precedent case law. Specifically, the Internet has grown and now necessitates the consideration for and e-commerce taxation collection.

South Dakota v. Wayfair, Inc. correctly decided that states have the power to collect taxes from qualifying out-of-state businesses without the need for a physical presence. Wayfair is moving in the ...


The Right Stuff In Geospace: Using Mutual Coercion To Avoid An Inevitable Prison For Humanity, Sarah Louise Vollmer 2020 St. Mary's University School of Law

The Right Stuff In Geospace: Using Mutual Coercion To Avoid An Inevitable Prison For Humanity, Sarah Louise Vollmer

St. Mary's Law Journal

Abstract forthcoming.


Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan 2020 University of Arkansas at Little Rock

Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan

St. Mary's Law Journal

Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an ...


Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair 2020 St. Mary's University School of Law

Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair

St. Mary's Law Journal

The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because ...


A New Old Solution: Why The United States Should Vote By Mail-In Ballot, Annie Barouh 2020 Seattle University School of Law

A New Old Solution: Why The United States Should Vote By Mail-In Ballot, Annie Barouh

Seattle Journal for Social Justice

No abstract provided.


What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway 2020 Executive Office for Immigration Review

What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo 2020 St. Mary's University School of Law

Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Calculating Compensation Sums For Private Law Wrongs: Underlying Imprecisions, Necessary Questions, And Toward A Plausible Account Of Damages For Lost Years Of Life, Michael Pressman 2020 NYU School of Law

Calculating Compensation Sums For Private Law Wrongs: Underlying Imprecisions, Necessary Questions, And Toward A Plausible Account Of Damages For Lost Years Of Life, Michael Pressman

University of Michigan Journal of Law Reform

The ubiquitous corrective-justice goals of “making a party whole” or “returning a party to the position she was in” are typically understood in monetary terms, and in this context, it is fairly clear what these terms mean. If, as this Article argues, these corrective-justice goals should instead be understood in terms of something that has intrinsic value, such as happiness, various imprecisions come to the fore. This Article identifies and explores these imprecisions and, in so doing, articulates a novel framework that can be used for understanding and systematizing our approach to private law remedies. This is the Article’s ...


Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez 2020 Bexar County Court at Law #13

Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa 2020 St. Mary's University

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero 2020 St. Mary's University School of Law

Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz 2020 St. Mary's University

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez 2020 U.S. Equal Employment Opportunity Commission

A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt 2020 University of Mississippi

Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt

Honors Theses

This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The ...


Ebay, Permanent Injunctions, And Trade Secrets, Elizabeth A. Rowe 2020 University of Florida Levin College of Law

Ebay, Permanent Injunctions, And Trade Secrets, Elizabeth A. Rowe

Washington and Lee Law Review

This Article presents the first qualitative empirical review of permanent injunctions in trade secret cases. In addition, it explores the extent to which the Supreme Court’s patent decision in eBay v. MercExchange has influenced the analysis of equitable principles in federal trade secret litigation. Among the more notable findings are that while equitable principles are generally applied in determining whether to grant a permanent injunction to a prevailing party after trial, the courts are not necessarily strictly applying the four factors from eBay. The award of monetary relief does not preclude equitable injunctive relief, and courts can find irreparable ...


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