Digital Commons Network^™

The Visualities And Aesthetics Of Prosecuting Aged Defendants, Mark Drumbl, Caroline Fournet

Scholarly Articles

The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Faculty Scholarly Works

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …

U.S. State-Based Wilderness Law: An Evaluation, Miranda Holeton, David Takacs

UC Law Environmental Journal

No abstract provided.

Tides Of Plastic: Using International Environmental Law To Reduce Marine Plastic Pollution, Mckayla Mcmahon

UC Law Environmental Journal

The oceans are drowning in plastic pollution. Although it is widely accepted that this pollution exists, international law falls short in protecting one of our most valued ecosystems. Countries differ in commitment and accountability, yet the ocean is a shared and valued resource. This paper seeks to differentiate the approaches made by Germany, Australia, and the Philippines to combat marine plastic and microplastic pollution. In the absence of robust international environmental law, individual country’s efforts can expand the customary principles and lead the international community to adopt effective, all-encompassing international policy. By mirroring successes and modifying individual country’s ineffective approaches, …

Cannabis, Consumers, And The Trademark Laundering Trap, Viva R. Moffat, Sam Kamin, Timothy Maffett

Sturm College of Law: Faculty Scholarship

At the moment, cannabis companies cannot get trademark protection for their marijuana and marijuana-related products because the “lawful use” doctrine limits federal trademark protection to goods lawfully sold in commerce. Given that the drug remains illegal under federal law, this may not sound like much of a problem, but it has serious consequences for consumers of marijuana. Without trademark rights, a cannabis company in one state can simply use the brand name of a prominent company in another state and consumers will assume that they are getting the products they have come to rely on, with potentially dangerous results. As …

Justice Breyer: No Friend To Ip Law, 21 Uic Rev. Intell. Prop. L. 58 (2022), Kevin Noonan

UIC Review of Intellectual Property Law

No abstract provided.

Van Buren V. United States: An Employer Defeat Or Hacker’S Victory – Or Something In Between, 21 Uic Rev. Intell. Prop. L. 166 (2022), Melanie Assad

UIC Review of Intellectual Property Law

No abstract provided.

The Key Deer Is Headed For Extinction: How Repealing A Trump-Era Federal Rule Defining "Habitat" Could Allow Assisted Migration To Save Species Threatened By Climate Change, Kennedi Fichtel

St. Thomas Law Review

Climate change induced sea level rise is imminent. In fact, the U.S. Army Corps of Engineers has predicted that “[b]y 2045, the sea level in the Florida Keys will rise 15 inches . . . .” Such a projection usually invites questions about the implications for coastal residential homeowners. However, this projection means so much more for the voiceless inhabitants of the Florida Keys. Anthropogenic climate change that leads to sea level rise of this magnitude will be responsible for permanently destroying species’ habitats, and therefore impacting their ability to survive. For endangered and threatened species, this means extinction. As …

U.S. Drug Reform: A Cultural Shift, Leionah J. Noah

St. Thomas Law Review

When a human body ingests a lethal dose of heroin, the body goes through an enormous physiological transformation. The functions of the central nervous system begin to depress, breathing is shallowed, the pulse is weakened, and the skin turns blue or gray with dark lips and fingernails. An alert person must quickly administer naloxone, an opioid antagonist, to reverse the effects of a heroin overdose, as symptoms typically begin after ten minutes. For many, however, their lives end with an overdose, despite this outcome being preventable. This paper will establish that drug overdose deaths are preventable for an entirely different …

The Incompatibility Of Artificial Intelligence And Citizens United, Michael R. Siebecker

Sturm College of Law: Faculty Scholarship

In Citizens United v. FEC, the Supreme Court granted corporations essentially the same political speech rights as human beings. But does the growing prevalence of artificial intelligence (“AI”) in directing the content and dissemination of political communications call into question the jurisprudential soundness of such a commitment? Would continuing to construe the corporation as a constitutional rights bearer make much sense if AI entities could wholly own and operate business entities without any human oversight? Those questions seem particularly important, because in the new era of AI, the nature and practices of the modern corporation are quickly evolving. The magnitude …

The Legal Envelope Theorem, David A. Weisbach, Daniel J. Hemel

Articles

Nontax legal rules regulating the workplace, the financial sector, real property, and many other areas affect the ability of governments to collect revenues and provide public goods. Yet tax-collection considerations rarely enter into economic analyses of nontax legal rules. Usually, tax-collection concerns are shunted aside to separate studies (and separate law school courses) rather than integrated into debates in nontax spheres. This separation between nontax legal rules and tax-collection considerations bears significant negative consequences for the ability of law and economics to generate descriptively accurate and normatively attractive accounts of important nontax legal questions.

This Article takes a step toward …

Canadian Distinguished Lecture Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Peter Mackay

Canada-United States Law Journal

No abstract provided.

A Brown Buffalo’S Observations On Color(Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This essay is a series of three observations about interrogating and complicating the meaning of color for all of us who call the Rocky Mountain West home. Published as part of the University of Utah Law Review’s annual symposium asking legal academics and law practitioners to 'tell our stories', this essay is designed to highlight the importance of racial consciousness in the legal geography of the Rocky Mountain West. These observations are divided into three reflections. In the first, I explore what has long been the defining feature of race relations in the Rocky Mountain West—the persistent tension between the …

Using Theraputic Jurisprudence To Improve Nursing Home Regulation During Future Pandemics, Kathy L. Cerminara, Alina M. Perez, Alexandra Kirby

Nova Law Review

No abstract provided.

Resistance And Resilience: Antibiotic Tracking To Thwart Antimicrobial Resistance, Jordan M. Fisher

Journal of Health Care Law and Policy

No abstract provided.

Sustainability Verification, Paul Rose

American University Law Review

From the earliest stages of the sustainable finance market and of green, social, and sustainable debt as an asset class, sustainability verifiers have been essential to the market’s function. Sustainability verifiers—professional service providers who provide an external review of an issuer’s alignment with established green bond frameworks—play a crucial role in reducing information asymmetries between sustainable finance instrument issuers and investors and serve as reputational intermediaries that assure buyers of the seller’s green, social, and sustainability-centered commitments. Yet, despite their essential function in facilitating the investment of trillions of dollars in green, social, and sustainable finance investments, the role and …

"Never Let A Good Crisis Go To Waste": Can International Law Seize The Advantage?, Yves Daudet

American University International Law Review

Some international crises are circumscribed, others are more diffuse, sometimes of varying intensity depending on the region. But, at the end of the day, all regions might be impacted according to an uncertain timetable. This is the case, for example, with terrorism, cybersecurity, the migration crisis, and the climate crisis, which is one aspect of environmental damage that intersects with the health crisis. Some are latent and marked by sudden outbreaks, such as terrorism or the Islamic State’s criminal operations. Others are set to worsen, such as the migration crisis, which today is probably small compared to what it will …

Exceptional Driving Principles For Autonomous Vehicles, A. D'Amato, S. Dancel, J. Pilutti, L. Tellis, E. Frascaroli, J. C. Gerdes

Journal of Law and Mobility

Public expectations for automated vehicles span a broad range, from mobility for passengers, to road user safety, to compliance with the traffic code. In most ordinary situations, these expectations can be satisfied simultaneously. But these various expectations can also lead to exceptional scenarios where certain objectives, such as those related to safety, are in tension with road rules. Exceptional driving scenarios challenge motion planning algorithms in automated vehicles to find solutions that are legally grounded, ethically sound, and technically feasible.

The general public’s familiarity with exceptional driving scenarios comes from the classic "Trolley Car" problem in philosophy, asking who should …

10 Things Judges Should Know About Cryptocurrency, Lee Reiners

Faculty Scholarship

No abstract provided.

The Heart Of Animal Research And Testing Law: A Study Of The Animal Welfare Act, The Health Research Extension Act, And Proposed Solutions Supporting The Three Rs, 55 Uic L. Rev. 1 (2022), Lenore Montanaro

UIC Law Review

No abstract provided.

Apartheid-Era Chicago, 55 Uic L. Rev. 219 (2022), Karl Muth

UIC Law Review

No abstract provided.

Refortifying The Endangered Species Act: Its Degradation And How To Strengthen The Nation’S Most Comprehensive Law For Protecting Endangered Species, 55 Uic L. Rev. 317 (2022), Haley Molinaro

UIC Law Review

No abstract provided.

Piercing The Ministerial Exception: An Endeavor To Hold Religious Employers Accountable For Harassing Behavior, 56 Uic L. Rev. 73 (2022), Meghan Golden

UIC Law Review

No abstract provided.

Free Speech: Analyzing Indiana’S Revenge Porn Statute, 56 Uic L. Rev. 181 (2022), Haley Mccleary

UIC Law Review

No abstract provided.

To Be Continued: How Comic Book Copyright Inequity Inspired Industry Innovation And Instilled Instrumentalities For Independence, Richard P. Metzroth

Connecticut Law Review

Before Superman first made the world believe a man can fly or Captain America greeted Hitler with a punch to the face, comic book publishers sought to exercise command over all the characters and stories that writers and artists put to paper. Until recently, this one-sided industry culture regarding ownership—reinforced by decades of court rulings in publishers’ favor—left creators with few avenues by which to retain control of their art. The legal norms that enforced creators’ subservient position in the comic book copyright ecosystem drove these authors to seek out and construct alternative systemsfrom which they could realize the benefits …

A New Feudalism: Selfish Genes, Great Wealth, And The Rise Of The Dynastic Family Trust (Dft), Eric Kades

Connecticut Law Review

Today’s record levels of economic inequality are infecting our future as the top 0.01% bequeath vast wealth to their descendants. With the death of the Rule Against Perpetuities (RAP), this inequality has the potential to harden social class lines—not just for a generation or two, but forever. Although it may sound implausible, interviews with estate lawyers serving very high-net-worth clients reveal that some members of the wealthiest tier of testators are already exploiting the RAP’s elimination, along with a tax loophole, to establish dynasty trusts that will financially empower their bloodline as long as it continues. Recent work in evolutionary …

Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens

Connecticut Law Review

Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias is particularly intractable. The Article then draws on empirical, philosophical, and scholarly sources to identify mechanisms through which mindfulness meditation can address these dynamics. The Article concludes by presenting concrete doctrinal implications of bringing mindfulness to bear on disability discrimination. This Article thus contributes to the established fields of …

Human Rights, Constitutional Rights, And Judicial Review: Comparing And Assessing Michael Perry's Early And Contemporary Arguments, Daniel O. Conkle

Emory Law Journal

No abstract provided.

Limiting The Boundaries Of Assisted Reproductive Technology And Physiological Autonomy, George P. Smith Ii

Scholarly Articles

This essay examines, critically, the wide successes of assisted reproductive technology (ART). With these successes have come concerns regarding its potential advancement of the boundaries of fecundity and of new levels of physiological freedom. One particular advancement involves efforts to utilize a phenomenon of nature termed parthenogenesis, or asexual reproduction. The potential for adapting this occurrence as a form of assisted reproduction is of particular interest for members of the LGBTQ community, holding great promise for embryo research and regenerative medicine. Parthenogenetic embryos could be derived from unfertilized human eggs and, thus, blunt--if not resolve--ethical concerns over experimentation on human …

Indigenous Leadership On Climate Change And The Arctic, Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon

Canada-United States Law Journal

No abstract provided.