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Brigham-Kanner Property Rights Journal, Volume 13, William & Mary Law School

Brigham-Kanner Property Rights Journal

Property and Propriety (or A Well-Ordered Society)

October 26-27, 2023

Panel 1: Property and Propriety (or A Well-Ordered Society): A Tribute to Gregory S. Alexander

Panel 2: Equity's Role in Defining Property Rights

Panel 3: Roundtable: Emerging Issues

Panel 4: The Restatement's Impact on Property Rights

Panel 5: The Scalability of Property Rights

Note

The Role Of Pornography In The "Rough Sex" Defence In Canada, Lise Gotell, Isabel Grant, Elizabeth Sheehy

Dalhousie Law Journal

Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …

Representation Without Taxation? A Historical Review Of Newfoundland And Labrador’S Municipal System And Quasi-Municipal Structures, Gregory French

Dalhousie Law Journal

Newfoundland and Labrador is unique among Canadian provinces in its municipallevel governmental structures, and in particular, its substantial lack thereof. The province does not have a system of counties or an operating form of regional government. Many areas of the province operate without a formal municipal government and avoid property taxation by operating on a limited fee-for-service model of local government, or in some cases a total lack of sub-provincial government. Tens of thousands of residents live within this tax-free model today. This paper explores how this anomalous situation came to be, the issues it creates in modern society and …

Constitutional Law Through Co-Curricular Civic Engagement, Jason M. Leggett

Open Educational Resources

No abstract provided.

A Social Status Theory Of Defamation Law, Yonathan A. Arbel

Articles

Despite deep inequality in social status and social capital in American society, legal scholarship has done relatively little to understand the structures that produce status and maintain its distribution. The Article argues that defamation law plays such a role. The orthodox view is that defamation law's goal is to protect dignity. This view was expressed in a famous Supreme Court holding in 1966, which held that defamation law is necessary to protect "the essential dignity" of "every human being. " The later seminal work of Robert Post cemented it. Seemingly unrelated, scholars of defamation law have found its structure mystifying, …

Gender Conscious Labor Environmentalism, Chaumtoli Huq

Hofstra Labor & Employment Law Journal

Drawing primarily from the internationally recognized human right to a clean, healthy and sustainable environment, ("right to a healthy environment") as well as related international environmental and economic human rights laws, this Article makes three critical moves towards theorizing a gender conscious approach to labor environmentalism. First, this Article demonstrates through four cases studies from Bangladesh, that global and national labor movements can effectively address the root causes of labor rights violations, specifically around health and safety by deploying and mobilizing around the recently passed international right to a healthy environment. Second, the right to a healthy environment offers a …

The War On Higher Education, Athena D. Mutua, Jonathan Feingold, Angela Harris, Emily M. S. Houh, Matthew Patrick Shaw, Francisco Valdes

Journal Articles

Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the increasingly brazen right-wing efforts in the U.S. Congress and the States to erode academic freedom and university independence— two pillars of our democratic republic. We also identify a bi-partisan source of higher education’s present precarity: the neoliberal policies that precipitated the privatization and corporatization of universities across the country.

From Trade To Rights And Green Governance: Unveiling The East African Court Of Justice’S Jurisprudential Metamorphosis, Mihreteab Tsighe Taye

Journal Articles

No abstract provided.

Scla 521 Ai In Society, Bert Chapman

Libraries Faculty and Staff Presentations

Provides access to information resources on societal impacts of artificial intelligence from multiple libraries databases covering multiple disciplines including government information resources.

Patent Law And Access To Biotechnology, Enoch Otim

Technology and Economics Law Journal

The research analyzes the use of patents in a field other than industry and how they have a wider impact than the monetary gain of the patent holder. In recent years, patents have been taken out on organisms and gene sequences, which has a flow-on effect of jeopardizing any further research in that area and possible future developments. This is a serious issue in the fast-moving field of medical biotechnology. For example, researchers patented and developed a test that utilized and identified a gene sequence that was later patented by another party. The researchers may have to discontinue the test …

Defining Relevant Markets In Digital Ecosystems, Daniel A. Crane

Articles

Traditional market definition focuses on the substitutability of two products or geographies. In digital ecosystems, competition often occurs in important ways that elide definition in conventional substitutability terms. This Article considers three kinds of economic rivalry that do not fit the conventional market definition mold: (1) Single-side competition: In two sided markets, firms may compete on just one side of the market. For example, Google and Facebook compete for the same advertisers, but their users on the other side of the market do not necessarily think of the offerings (social media and universal search) as substitutes; (2) Ecosystem competition: Technology …

Do Androids Dream Of Bad Tv?: Un/Originality In Neil Burger’S Voyagers, Tom Ue, Callum M. Mcnutt

Proceedings from the Document Academy

Critics did not take kindly to Neil Burger’s Voyager (2021). On Rotten Tomatoes, the film scored a dismal 25%, and the consensus is that it’s a trip best not taken: “It has a game cast and a premise ripe with potential, but Voyagers drifts in familiar orbit rather than fully exploring its intriguing themes.” This article seeks neither to reclaim the film as an unjustly neglected cinematic masterpiece nor to assert its importance in the canon of dystopian works. Rather, it treats Voyagers as a test case for exploring our own critical investment in the genre. Our aims are …

Bizindan Miinawa (Listen Again), Matthew L.M. Fletcher

Tribal Law Journal

Johnson v. McIntosh was as fake as John Wayne’s teeth. That one was a property dispute, remember? Two wealthy, privileged, and powerful white people squared off over thousands of acres of land acquired from Indigenous nations who called the vast valley of Eagle River home. On one side, you had a former United States Supreme Court Justice; on the other, you had a wealthy political benefactor/beneficiary. No tribal nations or Indigenous peoples to be seen or heard from. And of course, the competing property claims at issue barely overlapped, if at all, thanks to stipulations of the parties at the …

An Accountant’S Case Against Merging The Accounting Major With Stem Education, Harvey Gilmore B.S., M.S., J.D., Ll.M (General Business), Ll.M. (Taxation)

Lincoln Memorial University Law Review Archive

As many of us know, “STEM” is the acronym for academic programs in Science, Technology, Engineering, and Math. Over the last couple of years, two House Resolutions have sought to adopt the accounting major into the STEM family: the Accounting STEM Pursuit Act of 2021, and the Accounting STEM Pursuit Act of 2023. The Senate has also introduced similar legislation, the STEM Education in Accounting Act of 2021.I was a practicing accountant for nearly ten years, with my area of specialization being in tax, which I have taught for nearly twenty-six years now. I also went to a STEM high …

Thoughts On The Architecture Of Freedom Of Religion And Freedom Of Speech, Perry Dane

Notre Dame Law Review Reflection

This symposium was convened to explore the rights of businesses and employees to invoke freedom of religion or freedom of expression to resist certain forms of state regulation. The most immediate occasions for that discussion, at least for my purposes, are cases such as 303 Creative LLC v. Elenis, in which the Supreme Court upheld the right of a website designer to refuse to design a wedding website for a same-sex couple. These sorts of cases, which pit the religious or expressive rights of conscientious believers against the equality rights of others, have proliferated in recent years.

I have …

Ordinary Conscience And Pretend Offenses: Protecting Those Left Out Of Title Vii After Groff, Robin Fretwell Wilson, Michael J. Petersen

Notre Dame Law Review Reflection

Part I reviews America’s foundational commitment to fairness and transparency by government, as well as the deep respect the Founders believed should be accorded to conscience specifically.

Part II applauds the unanimous decision in Groff to walk back the Supreme Court’s grievous error in Trans World Airlines, Inc. v. Hardison. We canvas illustrative cases pre-Groff in which employees, notwithstanding Hardison’s “de minimis” burden standard, proceeded to trial, and instances in which employees did not. We also illustrate how, post-Groff, employees are, rightfully, having an easier time getting to trial.

Even as Groff makes actual Title …

Farm Animal To Animal Farm: The Legal Implications To Human-Pig Chimeras And Xenotransplantation, Nicholas A. Schwarz

Health Law Outlook

No abstract provided.

Table Of Contents - Volume 14, Issue 1 2024

Health Law Outlook

No abstract provided.

Guns, Analogies, And Constitutional Interpretation Across Centuries, Frederick Schauer, Barbara A. Spellman

Notre Dame Law Review

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the question of firearms regulation. After all, the fully automatic assault rifles whose sale, possession, and use lie at the center of many contemporary debates about gun control and the Second Amendment simply did not exist in 1791, when the Second Amendment was ratified. Nor did they exist in 1868, when the Fourteenth Amendment, the vehicle for applying the Second Amendment to the states, was added to the Constitution. The firearms that existed in 1791 were largely …

Killers That Once Were Humans: Reading The Role Of Modern Law Via Instrumental Rationality, Momen Abdelbari Hassan

Theses and Dissertations

For Max Weber, the process of modernization is the process of rationalization in which it includes every realm in our modern life, such as the economy, science, organization, education, and law. However, this kind of rationalization has created coercive and inhumane conditions because rationalization has converted to being instrumental (value-free) without regard to any transcendental or moral values. The inhumane paradigm has become the only fate of our world. The vision needs rational domination to be achieved through formal rational law. Modern law, along with bureaucratization, has paved the road to rational political domination. This kind of domination captures human …

The Nineteenth Amendment And Dobbs, Paula A. Monopoli

ConLawNOW

There was a surge in legal scholarship around the Nineteenth Amendment to the United States Constitution—the Woman Suffrage Amendment—leading up to its centennial in August 2020. But this scholarly interest around the Nineteenth peaked two years before the U.S. Supreme Court’s historic decision in Dobbs v. Jackson Women’s Health Organization in June 2022. This paper revisits the Nineteenth Amendment in light of the Court’s decision in Dobbs. It argues that the Nineteenth should be understood as a ban on sex discrimination that extends beyond the right to vote. The Amendment expands the scope of women’s citizenship as a matter …

Patent Law’S Role In Protecting Public Health, Sean B. Seymore

Notre Dame Law Review

Innumerable inventions implicate public health—including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions—whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they’ve disrupted the delicate balance of two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases—by making public health an affirmative defense to …

We Are The Ai Problem, Tonja Jacobi, Matthew Sag

Emory Law Journal Online

This Essay describes what we call “the Black Nazi Problem,” a shorthand for the sometimes-jarring text and images produced by AI, from the incongruous—such as female Indian popes—to the outrageous—such as depicting minorities as their own historical oppressors, including Black Nazis. These images were the result of overzealous efforts by AI developers to correct for a lack of diverse representation in the training data used to create Generative AI models. The overrepresentation of white, fully-abled, Western men in images of high status categories, and the invisibility of women, people of color, and the disabled, except in low status categories, and …

Four Steps That Ended The West And One To Revive It, David Goodwin

Liberty University Law Review

Our goal for the 2024 Liberty University Law Review Symposium was to explore the case for educational freedom from multiple angles. While several of our other authors have focused on the proper role of parents and the civil government in education, those approaches represent only part of the American education system. Many of our articles are more poignantly focused on the legal aspects that this topic implicates, but Mr. David Goodwin provides a slightly different perspective. Mr. Goodwin is a seasoned educator, intellectual, author, and an advocate for Classical Christian schools.

He has written a book—a New York Times Best …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"As BYU Law celebrates 50 years of excellence, we reflect on the foundational commitments that set the Law School apart.

"Among law schools, BYU’s aims are unique. Our mission statement reads, 'In striving to emulate [the] example [of Jesus Christ], we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor.'"

– Dean David H. Moore

Tribal Water Rights: Private Law Alternatives To The Federal Trust Doctrine, Frances Williamson

San Diego Law Review

This Article discusses the federal promise of water, the judicial origins of the federal trust responsibility, and the impact of the Arizona v. Navajo Nation decision on tribal water rights. Most importantly, this Article proposes legal mechanisms for tribes and tribal advocates to use to depict and advance tribal water rights. Ideas from property law and contract law provide opportunities for exploration and hope to tribes seeking certainty in a time of water shortage.

Courts provide a forum for the vindication of the federal trust responsibility and the promise of water. Cases like Arizona v. Navajo Nation will continue to …

The Runaway Train Of Mandated Reporting, Katie Louras

San Diego Law Review

Mandated reporting was broadly enacted in the 1960s with good intentions and in a very different historical context regarding societal knowledge and recognition of child abuse. It has since expanded drastically regarding who must report and what must be reported. In the same sixty years, no research has demonstrated its efficacy. However, research does suggest that mandated reporting creates independent harms concentrated within low-income and minority communities. On top of the potential trauma of an investigation stemming from a report, mandated reporting also serves to isolate families, cutting them off from community support. Mandated reporters are most commonly those in …

Board Of Pharmacy, Anuska Lahiri, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

The “Horizontal Separation Of Powers” After National Pork Producers Council V. Ross, Bradley W. Joondeph

San Diego Law Review

The Supreme Court’s decision in National Pork Producers Council v. Ross (NPPC) held that California’s Proposition 12—which forbids the sale of pork in the state derived from pigs born of sows confined “in a cruel manner”—does not violate the dormant Commerce Clause. Specifically, the Court held that the law neither regulates “extraterritorially” (despite the fact that nearly all the pork sold in California is produced in other states) nor imposes an undue burden on interstate commerce. While the Court’s rationale in NPPC was somewhat fractured, the decision nonetheless established some important points. First, a state law’s out-of-state “practical …

Committing To Agency Independence, Nicholas Almendares

Vanderbilt Law Review En Banc

No abstract provided.