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Study, Chill, Stream Lofi, And Repeat: From A Passion Project To A Recent Target Of Large Corporate Music Publishers, Lauren Woods

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ask yourself: what does the perfect workspace look and feel like? The answer varies from person to person. Some people prefer to work in crowded cafes, while others need complete silence. The concern became even more relevant during the height of the coronavirus pandemic, when many individuals were working remotely. As it does with many things, the internet came to our rescue and provided us with creative ways to yield efficiency. To spice up your WFH office arrangement, it provides different sources of background music that can help tune out distractions, regulate stress, increase productivity, and even improve sleep. YouTube, …

Historical Analogy And The Role Morality Of Reason-Giving, Darrell A. H. Miller

Duke Law Journal Online

The Supreme Court has turned ever more to analogical reasoning from history and tradition to decide significant matters of public policy. Nowhere is this phenomenon more evident than in the Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen.

The Court’s crafting of a Second Amendment test that turns almost entirely on the strength of analogies—and on a topic of such intense public salience—has thrust analogical reasoning to the forefront of judicial and academic debate. While many have questioned the workability of Bruen’s focus on historical analogs, this Essay is less concerned about the pragmatics of …

Vol. 66, No. 09 (March 18, 2024)

Indiana Law Annotated

No abstract provided.

Keeping Kosher In The Age Of Ai, Chaim Saiman

Faculty Publications

No abstract provided.

Comment On Otp Environmental Crimes Policy, Frank Rosenblatt, Shruti Bedi, Philip D. Cave, Giovanni Chiarini, Anne Dienelt

Journal Articles

This letter transmits the views of the National Institute of Military Justice (NIMJ) regarding the ICC Office of the Prosecutor’s Environmental Crimes Policy.

Application And Effectiveness Of Artificial Intelligence For The Border Management Of Imported Frozen Fish In Taiwan, Wen-Chin Tu, Wan-Ling Tsai, Chi-Hao Lee, Chia-Fen Tsai, Jen-Ting Wei, King-Fu Lin, Shou-Mei Wu, Yih-Ming Weng

Journal of Food and Drug Analysis

In Taiwan, the number of applications for inspecting imported food has grown annually and noncompliant products must be accurately detected in these border sampling inspections. Previously, border management has used an automated border inspection system (import food inspection (IFI) system) to select batches via a random sampling method to manage the risk levels of various food products complying with regulatory inspection procedures. Several countries have implemented artificial intelligence (AI) technology to improve domestic governmental processes, social service, and public feedback. AI technologies are applied in border inspection by the Taiwan Food and Drug Administration (TFDA). Risk management of border inspections …

Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie

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

This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.

For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …

Sparking A Revolution Or Blowing Smoke: Feasibility Of Undergrounding Transmission Lines In Response To Recent Wildfires And The Push Toward Resilient Renewable Energy, Zachary D. Berryman

LSU Journal of Energy Law and Resources

No abstract provided.

Stand Alone Emotional Harm: Old Wine In New Bottles, Robert L. Rabin

DePaul Law Review

No abstract provided.

Impaired, In Pairs, Cristina Carmody Tilley

DePaul Law Review

No abstract provided.

The Duty Of Climate Care, Douglas A. Kysar

DePaul Law Review

No abstract provided.

Ai Malpractice, Bryan H. Choi

DePaul Law Review

No abstract provided.

Cottages As Public Nuisances: The Long History Of Land Use Regulation Of The Poor, Maureen E. Brady

DePaul Law Review

No abstract provided.

Renewing Products Liability With Semen, Anita Bernstein

DePaul Law Review

No abstract provided.

Techno-Legal Solutionism: Regulating Children's Online Safety In The United States, Maria P. Angel, Danah Boyd

Scholarly Works

Convinced that social media is directly harming children, policymakers have started to introduce legislation that requires technology companies to be safe by design through “duty of care” provisions. Unlike regulations that focus on product safety, these bills incorporate technosolutionist logics into regulation by presuming that technology companies can remedy complex harms like mental health duress and bullying if their products were only designed better. In this paper, we unpack the theory of change at the center of the “duty of care” included in the “Kids Online Safety Act” (KOSA). We argue that techno-legal solutionism is both ineffective as a framework …

Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks

Arkansas Law Review

This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …

Building Resilience By Removing Barriers: Addressing Structural Impediments To Advocacy By Nonprofit Organizations On Behalf Of The Unenfranchised, Kirsten Widner, Heather M. Kolinsky

University of Cincinnati Law Review

Charitable contributions, particularly from private foundations, are an essential source of support for many nonprofit charitable organizations. However, the ability to accept these contributions comes with significant restrictions on lobbying and advocacy. Using vulnerability theory and an original survey of nonprofit advocacy organizations, we show that current restrictions on 501(c)(3) organizations disproportionally limit advocacy on behalf of the most politically disadvantaged groups—those without the right to vote. This, in turn, reinforces existing inequalities in whose voices are heard and whose interests are considered by policymakers. This Article argues that reforming the laws that structure what organizations can take tax-deductible charitable …

Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark

University of Cincinnati Law Review

No abstract provided.

A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn

University of Cincinnati Law Review

This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a var­­­­iety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …

Protecting Our Pups At All Costs: Why Dogfighting Cases Require A Mandatory Restitution Assessment, Ayah Ighneim

Cleveland State Law Review

This Note recommends that Congress acknowledge the dangers behind dogfighting by updating the federal mandatory restitution statute to include “animals” within the definition of a “victim” eligible to receive restitution and by updating federal animal-cruelty laws. This recommendation stems from the popularization of dogfighting in the twenty-first century. Specifically, this Note articulates the link between the prevalence of dogfighting in America and the lack of deterrence targeted toward dogfighting in America. This Note then argues that this lack of deterrence is a result of the lack of Congressional guidance within both the federal restitution statute and within federal animal-cruelty laws. …

International Animal Law, Frances Arricale, Daina Bray, Paula Cardoso, Matthew Collis, Giuliana D'Esopo, Erica Lyman, Jill Mariani, Omar Andrew Nimri, Megan O'Toole, Rajesh K. Reddy, Joan Schaffner, Fawn Schanz, Susan Schwartz, Malcolm Seheult

The Year in Review

No abstract provided.

International Arbitration, Jeffrey Rosenthal, Martine Forneret, Katerina Wright, Preeti G. Bhagnani, Eric Lenier Ives, Keara A. Bergin, Christopher P. Denicola, Alison G. Fitzgerald, Melissa S. Gorsline, Fahad A. Habib, Charles T. Kotuby, Carla Gharibian, Peter Ashford, Kate Felmingham, Hanna Abdou, Christina Nitsche, Molly O'Casey, Sergey Petrachkov, Dmitry Kuptsov, Anastasia Bekker, Mercedes Fernández, Ignacio Santabaya, Melissa Magliana, Oksana Karel, Daryna Hrebeniuk, Brenda Horrigan, Haifeng Huang, Harukuni Ito, Toshiaki Takahashi, Joyce Fong, Dan Perera, Tom Pearson, Iris Sauvagnac, Hèctor Scaianschi, James A. Egerton-Vernon, Aline Dias, Anthony Lynch, Maria I. Pradilla Picas, Cristina Pèrez

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.

Issues In Animal Law, Student Animal Legal Defense Fund (Saldf)

2023–2024 Flyers

No abstract provided.

Symposium: Gender, Health, And The Constitution: Reforming Clinical Trial Pregnancy Exclusions, Jennifer D. Oliva

ConLawNOW

This essay argues the exclusion of pregnant people from drug and biologic clinical trials is paternalistic, unjust, and counterproductive because the failure to include pregnant people in experimental trials can enhance risks to maternal and fetal health. Bioethicists, legal scholars, and other researchers have pleaded for reform in this context for decades. This article describes pregnancy medical drug use and the genesis and evolution of federal regulations and policies that operate to exclude pregnant people from clinical trials. It argues that the implementation of legal reforms that ensure the inclusion of pregnant people in clinical trials is imperative given Covid, …

Indigenous Biocentric Law Against A Legacy Of Violence: Chilean Water Regulation, Free Trade With The Eu, And Violations Of Mapuche And Aymara Rights To Water, Joseph Jonathan Edward Simard

LLM Theses

Assertions of Mapuche and Aymara law in defence of waters are hampered by a legacy of state violence, and continued appropriation of Indigenous worldviews under commodified conceptions of nature. I interrogate and analyze the connection between Chile’s water market regime, natural resource extraction, water scarcity, and free trade and foreign investment. Chile’s Water Code facilitates water-intensive agribusiness, mineral extraction, and salmon aquaculture as part of export-oriented economy. At the same time, free trade agreements signed with EU countries knowingly encourage overextraction of water and natural resources. I argue in favour of grassroots movements toward land restitution and jurisdiction as solution. …

Mmu: 03/04/24–03/10/24, Student Bar Association

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This Week @ NDLS

Mass Times

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General Announcements

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Labor Gerrymander, Joel Heller

Vanderbilt Law Review

The foundational metaphor of federal labor law is “industrial democracy.” But like any good metaphor, it is subject to overuse. The National Labor Relations Act (NLRA) grants employees the right to have a say in the decisions that govern their working lives through union representation and collective bargaining. Parties and policymakers often invoke the language of American political democracy when describing and debating that right. Democracy is not a unitary concept, however, and not all norms and concepts from the political sphere can or should translate into the labor sphere.

This Article interrogates the political-model analogy through the lens of …