Digital Commons Network^™

Texas’S Attempt To Compete With Delaware, Robert A. Ragazzo

Fordham Journal of Corporate & Financial Law

Delaware derives substantial economic benefits from attracting incorporation business. Other states have sought to receive a share of these economic benefits. Texas is among them. Part I of this article will consider Texas’s attempt to copy Delaware’s enabling philosophy. It will conclude that, although the Texas courts have not always shared Delaware’s enabling view, the Texas legislature has historically done its best to place Texas on a par with Delaware in terms of its enabling philosophy of corporate governance. In recent times, the Texas legislature has actually outdone the Delaware legislature in creating a pro-managerial corporate environment. Part II of …

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

Dalhousie Law Journal

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

The Criminalization Of Black Friendship, Kinship And Belonging, Reakash Walters

Dalhousie Law Journal

This paper posits that the Canadian state's attempt to target organized crime through the Criminal Code's criminal organization provisions has led to the criminalization of everyday expressions of Black life, including the criminalization of Black friendship. The statutory architecture of the regime incentivizes criminal legal actors with limited contiguity to Black culture to conflate bids for connection, association, and friendship within Black communities as gang activity.

Before the criminal organization provisions were enacted, Canada had no legacy of directly criminalizing organized crime. Localized violence in Quebec during the mid-1990s led to rushed amendments to the Criminal Code to target biker …

Healthcare Discrimination Under The Canadian Charter Of Rights And Freedoms, Mélisande Charbonneau-Gravel, Sébastien Jodoin, Siobhan O’Connell

Dalhousie Law Journal

This paper explores the role that the Canadian Charter of Rights & Freedoms could and should play in addressing and redressing discrimination in the context of healthcare in Canada. Drawing on landmark as well as recent jurisprudence, we analyze how sections 7 and 15 of the Charter apply to three types of healthcare discrimination: (1) lack of access to healthcare and health services; (2) lower quality of services, and attitudes and biases faced in diagnosis and treatment; and (3) physical, verbal, psychological, and sexual abuse experienced by patients. Our analysis highlights the ongoing, problematic nature of the prevailing interpretations of …

Transnational Corporate Liability Through The Lens Of Interlegality, Jaye Ellis

Dalhousie Law Journal

Pressure is mounting on courts in Canada, as in other jurisdictions, to address harms generated within global supply chains. These entities have no formal legal personality, so attempts to trace lines of responsibility and liability within them require the development of innovative argumentative strategies. Among the challenges is the integration of a range of sources, including international law, international policy initiatives, and privately constituted standards to promote human and labour rights and environmental protection. Working with the concept of interlegality, I seek to develop approaches for navigating overlapping and intersecting legal orders, and for facilitating interactions among them. Of particular …

Normative Jurisprudence & Good Government, Zachary A. Chin

Student Works

No abstract provided.

Paw-Blic Accommodations: Statutory Ambiguity And Inconsistency In Service Animal Protections, Mia Park

Student Works

No abstract provided.

Why Washington’S Attempt To Force Priests To Violate Core Tenet Of Faith Was Doomed To Fail, Joseph Cammarota

Student Works

No abstract provided.

Extending The Eighth Amendment: Juvenile Solitary Confinement As Psychological Torture, Chong Yu

Student Works

No abstract provided.

Free Exercise Rights In Black Religions, Dennis M. Abate

Student Works

No abstract provided.

Religious Tax Exemptions: Free Exercise And The Johnson Amendment, L. Garrett Stratton

Student Works

No abstract provided.

Age, Ambiguity, And Administrative Overreach: How U.S. Import Law Keeps American Motorsport In The Slow Lane, Conor Abbamonte

Student Works

No abstract provided.

A Defense Of The Usage Of Natural Law In The American Common Law Tradition, Vincent P. Manning Iii

Student Works

No abstract provided.

Revlon And The Common Good: Rethinking Shareholder Supremacy In Corporate Law, Domenic Ungaro

Student Works

No abstract provided.

Servi Dei: Prosecutors & The Common Good, Zachary A. Chin

Student Works

No abstract provided.

Are Ai Art Generation Programs Replacing Small Artists? The Technology Copyright Law Couldn’T Foresee, Brandon U. Velez

Student Works

No abstract provided.

Autonomous Ai And Ownership Rules, Frank Fagan

Dickinson Law Review (2017-Present)

As artificial intelligence (AI) systems become increasingly autonomous, traditional notions of ownership will adapt. Historically, property rights have been grounded in traceability, enabling legal and economic systems to allocate ownership efficiently through doctrines such as accession (ownership by connection), and first possession (ownership by labor). Property law also recognizes that abandoned property, when considered untraceable to its original owner, can be efficiently reassigned through accession, ensuring that resources do not remain ownerless. However, autonomous AI systems capable of self-replication, self-governance, and independent economic activity complicate these established principles, raising new questions about how ownership should be determined when AI is …

It’S Gone To The Dogs: The Need For Regulation In Professional Service Dog Training, Crystal J. Elsner

Dickinson Law Review (2017-Present)

Currently, no state requires professional service dog trainers to pass any test or obtain any occupational licensure to prove their competency. While the Americans with Disabilities Act and its implementing regulations do not require that dogs complete a professional training program to be considered service dogs, many individuals with disabilities choose to use such programs. The unregulated nature of the industry allows inexperienced individuals to market themselves as professionals, which can harm not only the dogs receiving training but also the humans that will eventually take them home. Further, the lack of industry oversight leaves room for bad actors to …

Envisioning Antiracist Legal Education In Aotearoa New Zealand: The Role Of Leadership, Mele T. Vaitohi

Dickinson Law Review (2017-Present)

This Essay presents a comprehensive examination of antiracism within Aotearoa New Zealand’s legal education, underscoring the critical need to embed antiracist principles across both the curriculum and the legal profession. It highlights the imperative for systemic change to dismantle structural inequities and advocates for an educational framework that prepares future lawyers to address and challenge racial injustice. Additionally, the Essay demonstrates how visionary leadership can spearhead transformative initiatives that amplify Pacific voices, cultivating a legal landscape that is both inclusive and equitable. Through these insights, this Essay aims to contribute to ongoing dialogues on creating a justice system reflective of …

Advocating For Cause: The California Recall Process Needs A Purpose, Mary-Beth Moylan

Dickinson Law Review (2017-Present)

Democratic systems and the tools that sustain them need to operate by the people and for the people with consideration to the realities of the era in which they exist. The use of direct democracy, and in particular the recall process, in recent decades suggests that what was once a progressive reform intended to ensure good government has now become a political tool for stoking partisan disruption. It is time for a close look at how and why some states continue to allow for recall and the circumstances under which a recall election should be called. During the COVID-19 pandemic, …

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 30, Issue 1.

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 30, Issue 2.

Quo Warranto In The Aftermath Of Loper Bright, Dennis Hall

Lewis & Clark Law Review

In 2024, the Supreme Court did away with Chevron deference in Loper Bright Enterprises v. Raimondo. One previously undiscussed consequence of this decision is how it opens the door to a broader use of quo warranto corporate charter revocation. Quo warranto is a legal remedy held by the states that has fallen into relative obscurity, but it has the power to regulate large corporations that have strayed from the bounds of acceptable activity. This Comment examines the history of corporations and corporate oversight regulation in the United States, as well as the history of quo warranto as a remedy. Additionally, …

Assuming Accent: Recognizing The Intersection Of Race And National Origin In Title Vii Discrimination, Eun Hee Han

University of Colorado Law Review

No abstract provided.

Climate Change As A Security Interest: A Novel Defense In Fossil Fuel Investment Arbitration, Nabil Kapasi

Chicago Journal of International Law

Thousands of international investment and trade agreements contain provisions protecting investments made by parties from the signatory states. One such provision is Investor-State Dispute Settlement (ISDS), a mechanism allowing foreign investors to sue host states in arbitration for treaty violations. Fossil fuel investors are increasingly utilizing ISDS successfully to hold states liable for climate action; arbitral tribunals are awarding large compensations to these investors when states deny them permits for upstream activities or enact phase-out policies attempting to ban fossil fuel consumption. These awards impose heavy burdens on states while simultaneously deterring climate action by creating fears of liability. This …

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

From Property To Personhood: Reimagining Nature's Place In The Legal Order, Lan Cao

William & Mary Environmental Law and Policy Review

This Article explores the emerging rights of nature movement as a radical departure from traditional environmental approaches, grounded in a “new consciousness” that challenges the anthropocentric world-view. The Article sets the stage for a defense of the rights of nature by providing a comprehensive critique of the current model of economic development, primarily focused on GDP, which has proven detrimental to environmental health by neglecting broader values; the Article also highlights alternative measures adopted by entities like the UN and EU that incorporate factors like happiness. Rights of nature builds upon that foundation for a broader understanding of development and …