Digital Commons Network^™

A Case For Further Environmental Protections Of Endangered Animals’ Habitats And A Limitation Of State Agency Power, Jacob T. Norris

Student Works

No abstract provided.

A Spoonful Of Sugar Won’T Help This Medicine Go Down: The Inflation Reduction Act’S Failure To Address Pharmaceutical Evergreening, Megan E.A. Davis

Oklahoma Law Review

No abstract provided.

Only Mostly Dead: How The Irreparable Injury Rule Can Protect The Jury Trial Right For Claims In Restitution, Layne Keele

Oklahoma Law Review

No abstract provided.

Putting The “Social” Into Social Determinants Of Health: Why Policymaking For Improving Health Must Tackle Social Isolation And Loneliness, Laura C. Hoffman

Oklahoma Law Review

No abstract provided.

Should Clients Have A Right To Know What Their Lawyer Believes?, Melissa D. Mortazavi

Oklahoma Law Review

No abstract provided.

The North American Gap Ungulates Must Migrate Physically And Legally: Elk As A Case Study, Alex Wendlandt

Wyoming Law Review

Humans have tracked elk hoof prints in North America since ancient times, recognizing the significance of these migratory ungulates in culture, mythology, dietary value, and utility. As migratory ungulates, elk respond to changes in their environment by migrating to and from their summer and winter ranges. Today, elk migrations continue across the jurisdictional boundary of the northern United States and southern Canada, spreading ecological and economic benefits with each track they make. Unfortunately, ungulate migration is an “endangered phenomenon” due to loss of connectivity and loss of habitat. While the United States and Canada have acknowledged the importance of, and …

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

Faculty Works

This essay examines the role of inclusivity as a foundational principle in online legal education, arguing that it is essential to fulfilling institutional missions, aligning with established pedagogical best practices, and enhancing the overall learning experience. Drawing on the development of a fully online J.D. program, the piece outlines how inclusivity can be embedded at both the institutional and classroom levels. It highlights strategies for fostering a sense of community among geographically dispersed students, including integrating online learners into broader academic and co-curricular activities, designing courses that balance synchronous and asynchronous instruction, and implementing consistent instructional standards. The essay further …

Defining The Field Of Wellness Law, Barbara Zabawa

Faculty Works

Some lawyers practice “wellness law” without knowing what it is and how it differs from more recognized fields of practice such as health law, public health law, and medical malpractice. This article defines the field of wellness law using in a prescriptive manner the organizational framework that identifies the common and distinctive patterns in wellness and the law that surrounds it. This examination entails reviewing statutes and cases that differentiate between conventional health care and products or services outside of it to identify the core problems that are common and unique to wellness law. Those core problems are twofold. First, …

When The Executive Has Unclean Hands, William Baude, Samuel L. Bray

Public Law and Legal Theory Working Papers

Those who come into equity must come with clean hands. But what happens when it is the executive who seeks equitable relief? This Essay argues that the unclean-hands doctrine applies to the executive, though in a modified form that reflects the relation- ships between officials in the executive branch, between the executive and legislative branch, and between the government and the people. It then applies the doctrine to current controversies such as government requests for stays from the Supreme Court, and a pending lawsuit against the District of Maryland.

A Fear Of Ideas? Social Media, Foreign Influence, And National Security In A New Era Of Great-Power Competition, Michael Park

Fordham Intellectual Property, Media and Entertainment Law Journal

The recent spate of legal restrictions on the use of TikTok and other foreign-controlled social media applications highlight concerns over personal data collection, but also how fears over the potential foreign influence of ideas from adversarial foreign governments—whether by propaganda, censorship, or disinformation—have re-emerged in the national security debate. Yet there are concerns that this new era of great power competition will be the basis for justifying overreaching speech regulations that hinder access to information and ideas under the aegis of national security. This work attempts to examine the recent enactment of speech restrictions or bans on foreign-controlled applications within …

The Ozempic Paradox: How Much Is Too Much In The Race For Weight Loss And Diabetes Treatment?, Jack Bekos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Exactions Illusion: Sheetz's Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Public Law and Legal Theory Working Papers

No abstract provided.

Family, Faith And Nation: The Roberts Court And The Global Pivot Against Legal Liberalism, Aziz Z. Huq, Tom Ginsburg

Public Law and Legal Theory Working Papers

The Roberts Court has veered sharply in a culturally conservative direction. Traditional solidarities of faith, family, and nation have been elevated above the individual autonomy interests that motivated the justices in the twentieth century. The Supreme Court’s jurisprudence in this vein complements and is reinforced by changes in public law more generally—for example, in recent executive orders that amplify the same values. In legal scholarship, this jurisprudential shift is pervasively framed in terms of domestic electoral politics, in particular as a product of Republican dominance of the presidency and the Senate at key moments.

But expand the analytic lens outward, …

Agonistic Federalism, Aziz Z. Huq, Zachary D. Clopton

Public Law and Legal Theory Working Papers

It’s been called the “oldest question” of American constitutional law: How does the national government deal with its sovereign subnational states? Judges and scholars have tried to capture this dynamic via theories of “dual federalism,” “process federalism,” “cooperative federalism,” or “federalism by integration.” But all these models suddenly seem to have superseded, and even perhaps rendered obsolete, by an unexpected step-change in the intensity of federal-state conflicts. In the place of longstanding federalism models, this article demonstrates, an underappreciated form of intergovernmental relations has emerged. We call this model “agonistic federalism.” The article’s aim is to introduce and theorize this …

Effects Of Round-Up On The Environment, Sandra J. Marcu

Journal of Earth and Life Science

Many people around the world have used and still currently use Roundup but are unaware of the effects it has on the environment. Roundup is a spray on application weedkiller that is widely used around the world today both residentially and commercially. It enables its user to grow a garden or a field of crops with a no-tilling approach to eliminate weeds. It is a well-known and popular choice for killing weeds that has been around since the mid 1970’s (Oca, 2017). John Franz, a Monsanto scientist discovered that glyphosate (main ingredient in Roundup) was an herbicide or weedkiller, and …

Beyond The Hype: The Use Of “Artificial Intelligence” In Healthcare And The Legal And Business Risks Associated With This New Technology, Greg Gulick

Marquette Intellectual Property & Innovation Law Review

None.

What Can Copyright Law Learn From Greek Tragedy?, Mira Moldawer

Marquette Intellectual Property & Innovation Law Review

None.

Characters In Copyright Law: Extraordinary Rules For Ordinary Content, Robert F. Helfing

Marquette Intellectual Property & Innovation Law Review

Characters are a breed apart in copyright law. Only they have a special standard of creativity. Only they must have unique elements to qualify for protection. Only they are exempt from analysis as derivative works when they appear in multiple works, and only they are required to maintain consistent features in order to maintain protection previously earned. These and other idiosyncrasies do not follow naturally from precedent or statutory law, but operate heedless of and even contrary to legal authority.

This article shows that, after fifty years of undifferentiated treatment, the courts suddenly began to apply divergent rules to characters. …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Pave Outer Space And Put Up A Parking Lot: Lagrange Points Should Be The Common Heritage Of Mankind, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Outer space offers a vast array of opportunities, with different locations or regions available for exploitation by diverse users for a growing variety of satellite functions. But not all sectors of space are equally valuable for all applications, and the most desirable venues can become crowded, affording a premium for those who gain access first and impeding the development of a fair and efficient all-inclusive international legal regime.

This article focuses on Lagrange points, a finite series of special locations in space where the gravitational forces from a pair of large celestial bodies interact in unusual ways. These points afford …

On Becoming And Being A Criminal Defense Attorney, Steven B. Duke

Touro Law Review

Steven B. Duke grew up in a tiny farming community in Arizona. In college, he experienced injustice during an encounter with the police and decided to attend law school. As a result of his success at the University of Arizona Law School, Duke was offered a clerkship with Justice William O. Douglas for the 1959-60 Supreme Court term. As Duke describes in this article, working for Justice Douglas was a rewarding and demanding experience. Douglas, probably the most liberal Justice ever to serve on the Supreme Court, had a dazzling intellect and wrote many books on all manner of subjects. …

A Patent System For Temple Grandin, Andrew Chin

Touro Law Review

This article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system …

Dignity, Equality, And The Duty Of Assistance, Itamar Rosensweig, Shua Mermelstein

Touro Law Review

Jewish law obligates each person to assist and respect his fellow. This includes a wide-range of interpersonal obligations, such as the duty to support the less advantaged, the duty to rescue from danger, and the duty to “love your fellow” and promote his success. In this article, we argue that these interpersonal obligations are rooted in Judaism’s conception of the person as endowed with dignity. This dignity is grounded in the notion of tzelem Elokim, in the metaphysical conception of man created in the divine image (Imago Dei). We argue that this metaphysical basis for human dignity imposes duties upon …

Spending Clause Standing, Edward Webre Plaut

Michigan Law Review

The Biden Administration’s American Rescue Plan Act allotted almost $220 billion to state, local, and tribal governments to help combat the COVID-19 pandemic. This money, the Coronavirus State and Local Fiscal Recovery Fund, gave recipients wide spending discretion to address their struggling economies. But the legislation had one key limitation: Recipients could not use the money to “directly or indirectly” cut their taxes. If a recipient violated this “Offset Provision,” the Department of the Treasury might recoup the funds.

Nearly two-dozen states alleged that the Offset Provision was unduly coercive and ambiguous, violating the Spending Clause. However, with no threatened …

Artificial Intelligence And Music Mash-Ups: Monetizing An Opt-In Closed Universe Database To Preserve Royalties And Credit For Composer And Sound Recording Rights Holders, Michael M. Epstein

Marquette Law Review

This Article charts the development of an opt-in database of music publishing and sound recording catalogues that would allow music industry stakeholders to profit from those who use artificial intelligence to generate new creative content from existing intellectual property. The database would be a portal to content that rights holders would consent to include in a library made available to the public. The database could be advertiser-supported, allowing for no-cost access by the public, or users could pay for a blanket license or per- search fee. Proceeds from the database would be distributed to rights holders based on the content …

Stopping The Slippery Slope: What Happy The Elephant Can Gain From Estrellita The Monkey, Mason Liddell

University of San Francisco Law Review

No abstract provided.

Hallows Lecture: Resorting To Courts Or To Community Conversations? Article Iii Standing As The Guardian Of Free Speech And Democratic Self-Governance, Michael Y. Scudder

Marquette Law Review

None.

Art As The Prosecutor’S Weapon: The Use Of Rap Lyrics Evidence At Trial, Thompson, Mikah K., Raheem, Sierra

Santa Clara Law Review

Are rap lyrics worthy of the same protections that other forms of creative expression enjoy, or is there something inherent to rap lyrics that renders them autobiographical, confessional, and reflective of the author’s true intentions and desires? This Article will attempt to answer that question. In doing so, the authors will take the reader on a voyage through a history that is not widely known among the attorneys, judges, expert witnesses, and jurors who are frequently called upon to interpret the art form known as Hip Hop.

This journey requires an exploration of our country’s history of chattel slavery, for …

Ground Rules: Giving Meaning And Effect To Key Contested Terms In The California Racial Justice Act, Bazelon, Lara, Redbird, Dr. Beth, Yan, Belle

Santa Clara Law Review

The California Racial Justice Act (RJA), which applies to all pretrial, trial, and post-conviction defendants,

prohibits any state actor from relying upon racial bias to seek or obtain a conviction or sentence against a defendant. In a state where racial disparities in incarceration have been growing for decades, the law, which became retroactive in 2024, has the power to create a sea of change across California criminal institutions. Using the power of state constitutional law and relying upon the principles of comity and federalism, the California Racial Justice Act explicitly rejects the intent-to-discriminate standard set by the U.S. Supreme Court …

Empirical Analysis Of Racial Disparities In Policing, Premkumar, Deepak, Lofstrom, Magnus, Hayes, Joseph, Martin, Brandon, Cremin, Sean

Santa Clara Law Review

Racial disparities within the criminal justice system continue to be a pressing issue, especially after the recent passage of California’s Racial Justice Act, which allows for a broader set of legal challenges based on racially disparate treatment. In this article, we analyze data for almost four million stops by California’s fifteen largest law enforcement agencies in 2019, examining the extent to which people of color experience searches, enforcement, intrusiveness, and use of force differently from white people. Black Californians are more likely to be searched than white Californians, but searches of Black civilians reveal less contraband and evidence. Black people …