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Articles 2791 - 2820 of 220877
Full-Text Articles in Entire DC Network
Art, Antiquities, And Money Laundering, Derek Fincham
Art, Antiquities, And Money Laundering, Derek Fincham
Kentucky Law Journal
No abstract provided.
Distilling The Language Of The Law, Stacey A. Tovino
Distilling The Language Of The Law, Stacey A. Tovino
Kentucky Law Journal
No abstract provided.
Fifty More Years Of Ineffable Quo? Workers' Compensation And The Right To Personal Security, Michael C. Duff
Fifty More Years Of Ineffable Quo? Workers' Compensation And The Right To Personal Security, Michael C. Duff
Kentucky Law Journal
No abstract provided.
The Most Dangerous Of All Subversions: Taming The At-Will Employment Doctrine By Statutorily Safeguarding Private Employees' Public Protest Speech, Joshua G. Wolford
The Most Dangerous Of All Subversions: Taming The At-Will Employment Doctrine By Statutorily Safeguarding Private Employees' Public Protest Speech, Joshua G. Wolford
Kentucky Law Journal
No abstract provided.
Freed From Prison And Unemployed: What Happens After Your Prison Job Ends?, Stephanie Hunter Mcmahon
Freed From Prison And Unemployed: What Happens After Your Prison Job Ends?, Stephanie Hunter Mcmahon
Kentucky Law Journal
No abstract provided.
Interest Convergence And The Racial Wealth Gap: Defusing Racism's Divide-And-Conquer Via Universal Basic Income, Palma Joy Strand, Nicholas A. Mirkay
Interest Convergence And The Racial Wealth Gap: Defusing Racism's Divide-And-Conquer Via Universal Basic Income, Palma Joy Strand, Nicholas A. Mirkay
Kentucky Law Journal
No abstract provided.
Inequality By Unnatural Selection: The Impact Of Tax Code Bias On The Racial Wealth Gap, Phyllis C. Tate
Inequality By Unnatural Selection: The Impact Of Tax Code Bias On The Racial Wealth Gap, Phyllis C. Tate
Kentucky Law Journal
No abstract provided.
The Fact-Finders' Dialectic: Beyond Rationalist Optimism And Realist Pessimism, Michael Head
The Fact-Finders' Dialectic: Beyond Rationalist Optimism And Realist Pessimism, Michael Head
Kentucky Law Journal
No abstract provided.
Law Review Symposium: Prisoners' Rights: Protecting Civil Liberties Behind Bars & Beyond 11-7-2025, Roger Williams University School Of Law
Law Review Symposium: Prisoners' Rights: Protecting Civil Liberties Behind Bars & Beyond 11-7-2025, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
How Lochnerism Ends, Robert Knowles
Voter Emancipation In Slavery’S Afterlife, Carla Laroche
Voter Emancipation In Slavery’S Afterlife, Carla Laroche
Seton Hall Law Review
No abstract provided.
Reckoning With Antisemitism In History And Tradition, Nathaniel Shaw Hay, Isaac Barnes May
Reckoning With Antisemitism In History And Tradition, Nathaniel Shaw Hay, Isaac Barnes May
Pepperdine Law Review
“History and tradition” has become a watchword of modern constitutional interpretation, shaping Supreme Court jurisprudence and framing ongoing debates over the meaning of the Fourteenth Amendment. Yet this interpretive framework remains under-theorized in one critical respect: how should it grapple with the prejudices embedded in the very traditions it invokes? This Article examines that question through the lens of anti-Jewish discrimination in Anglo-American law, using this history as a case study to examine both the perils and promise of relying on history as a source of constitutional authority. For centuries, the common law excluded Jews from full civic participation in …
Tiktok, Inc. V. Dist. Ct. [State Of Nevada], 141 Nev. Adv. Op. 51 (Nov. 06, 2025) (En Banc), Erika Loveland
Tiktok, Inc. V. Dist. Ct. [State Of Nevada], 141 Nev. Adv. Op. 51 (Nov. 06, 2025) (En Banc), Erika Loveland
Nevada Supreme Court Summaries
Online platforms establish specific jurisdiction when they collect and sell Nevada users' data. The CDA § 230 and 1st Amendment do not bar claims for design flaws or safety misrepresentations at the pleading stage.
Camacho (Ocean) V. State [State Of Nevada], 141 Nev. Adv. Op. 52 (Nov. 06, 2025), Nathan Mackay
Camacho (Ocean) V. State [State Of Nevada], 141 Nev. Adv. Op. 52 (Nov. 06, 2025), Nathan Mackay
Nevada Supreme Court Summaries
Because the photo array process used to identify the defendant was not unnecessarily suggestive, and there were no other reversible errors in his trial, Camacho's conviction is affirmed.
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Journal of Humanities and Social Sciences
The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …
On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani
On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani
Indian Journal of Law and Technology
No abstract provided.
Thermtron: The Unsexy Case The Current Court Should Overturn (Statutory Stare Decisis Be Damned), Christine Tamer
Thermtron: The Unsexy Case The Current Court Should Overturn (Statutory Stare Decisis Be Damned), Christine Tamer
Texas A&M Law Review
Since 1887, Congress has created an impenetrable dike wall to stop appellate review of remand orders in 28 U.S.C. § 1447(d), which provides: “An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise . . . .” Then, in 1976, the Supreme Court held “that § 1447(d) does not mean what it says” and, thereby, punctured not a tiny hole, but a big one in Congress’s dike wall that had been impenetrable for nearly 90 years. While you won’t find Thermtron—an unsexy jurisdictional case—on any list of the …
That Old College Try: Judge-Made Monopolies In The Market For Affinity Goods, John A. Rothchild
That Old College Try: Judge-Made Monopolies In The Market For Affinity Goods, John A. Rothchild
Texas A&M Law Review
There is a large market for goods such as t-shirts, coffee mugs, posters, and baseball caps that are emblazoned with the names and symbols of culturally prominent institutions—universities, athletic teams, musical bands, automobile brands. We buy, wear, and display those goods to express our affinity with the referenced institution. The owners of the trade symbols that adorn these items, which this Article refers to as “affinity goods,” jealously guard what they claim is their sole right, under the trademark laws, to authorize the use of their symbols as decoration. They have brought numerous lawsuits aimed at establishing and enforcing this …
The Role Of The Preamble: Evidence From The Constitutional Convention And The Ratification Debates, Stuart Ford
The Role Of The Preamble: Evidence From The Constitutional Convention And The Ratification Debates, Stuart Ford
Texas A&M Law Review
This Article explores the role of the Preamble in constitutional interpretation by looking at how it was perceived at the founding. It does this in three ways. First, it explores how preambles were used in eighteenth-century America. At the time, preambles were almost universally understood to be key to interpreting the laws and constitutions they preceded. This shared understanding forms the backdrop against which the Preamble was received by the founding generation. Second, it looks at the records of the Constitutional Convention for evidence of what role the drafters expected the Preamble to serve. Unfortunately, the records of the Convention …
Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. “Rocky” Rhodes
Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. “Rocky” Rhodes
Texas A&M Law Review
For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has established a consistent Fourteenth Amendment due process approach in punitive damages and personal jurisdiction cases, which is rooted in antecedents tracing to the nineteenth century and relies on a nexus of interests that balances individual rights, state interests, and federalism concerns. This framework, we argue, has …
Trade Secrecy’S Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan
Trade Secrecy’S Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan
Notre Dame Law Review
Trade secret law is meant to encourage socially beneficial behaviors by permitting firms to protect their investments in the creation of valuable information. In theory, the ability to protect valuable information will make firms more likely to create that information in the first instance. But the law can also be used to shield socially harmful behaviors from public oversight. Firms can assert trade secret protection to prevent journalists, watchdogs, and criminal defendants from learning whether they are engaged in dangerous, wrongful, or biased activity. Ideally, trade secret law should sort socially beneficial uses from socially harmful ones, permitting only the …
Does The Law Ever Run Out?, Charles F. Capps
Does The Law Ever Run Out?, Charles F. Capps
Notre Dame Law Review
Although laypeople commonly believe that a judge’s job is to decide every case as the law requires, a broad consensus exists among legal scholars that the law not infrequently “runs out,” leaving the judge to decide the case on extralegal grounds. This Article subjects that consensus to critical scrutiny. Tentatively, the Article concludes that none of the alleged sources of indeterminacy in the law—including permissive rules, balancing tests, vagueness, ambiguity, silence, contradictions, and uncertainty—actually causes the law to run out. More confidently, the Article maintains that the extent to which the law runs out, if it does at all, depends …
A Crisis Of Consensus: The Supreme Court’S Legitimacy And Recent Challenges Thereto, Abby Ulman
A Crisis Of Consensus: The Supreme Court’S Legitimacy And Recent Challenges Thereto, Abby Ulman
Notre Dame Law Review
Part I retells the history of Supreme Court decisions—from the time when Justices followed the British practice of issuing seriatim opinions to the time of Chief Justice John Marshall who instituted a policy of a single opinion for the Court. This norm of consensus lasted 140 years, during which the Court decided more than ninety percent of its cases unanimously. However, modern practice has been marked by division and dissensus, which have incited rhetoric of delegitimization. Part II examines two types of consensuses. Section A discusses internal consensus, or the extent to which the Justices agree with each other. Yet …
Give Young Adults The Vote, Nicholas O. Stephanopoulos
Give Young Adults The Vote, Nicholas O. Stephanopoulos
Notre Dame Law Review
Joshua Kleinfeld and Stephen Sachs make a significant contribution to the literature on children’s disenfranchisement by describing and defending parental proxy voting: empowering parents to vote on their children’s behalf. The authors’ democratic critique of the status quo is particularly persuasive. Children’s exclusion from the franchise indeed distorts public policies by omitting children’s preferences from the set that policymakers consider. However, Kleinfeld and Sachs’s proposal wouldn’t do enough to correct this distortion. This is because contemporary parents diverge politically from their children, holding, on average, substantially more conservative views. The proxy votes that parents cast for their children would thus …
A Blunt Reality: How § 922(G)(3) Of The Gun Control Act Violates The Second Amendment Rights Of Marijuana Users, Christian Z. Macdonald
A Blunt Reality: How § 922(G)(3) Of The Gun Control Act Violates The Second Amendment Rights Of Marijuana Users, Christian Z. Macdonald
SMU Law Review Forum
Over 98% of Americans live in a state that has some form of legal marijuana, with over half of Americans having used the drug at least once. The United States also has a strong historical tradition of individual gun ownership for the purposes of self-defense, with gun ownership currently at its highest level in decades. In this modern era of both rising gun ownership and marijuana usage, could it truly be the case that any American who uses cannabinoids forfeits her presumptively protected constitutional right to firearm possession? The answer depends upon whether 18 U.S.C. § 922(g)(3) unconstitutionally infringes on …
Necessity In Free Exercise, Brady Earley
Necessity In Free Exercise, Brady Earley
University of Chicago Law Review
The Free Exercise Clause is a broadly worded constitutional prohibition against government intrusion on religious exercise. To construct limits, courts have consistently required government officials to demonstrate the necessity of state action burdening religion. Yet government officials regularly fail to produce evidence of necessity, leaving judges to intuit or assume whether necessity exists. This Comment offers a better way. Using a method known as difference-in-differences (DiD), lawmakers can draw upon the experience of existing state laws to enact laws justified with evidence. This Comment demonstrates the value of DiD with a current free exercise controversy involving the Old Order Amish …
Rico V. United States, Meagan R. Hurley
Rico V. United States, Meagan R. Hurley
Articles
Isabel Rico was serving a term of supervised release when she absconded from federal supervision. Years later, the government sought to revoke her release, arguing that her fugitive status “tolled” her supervised-release term. The Ninth Circuit agreed. Other circuits, however, have rejected the fugitive-tolling doctrine in the supervised-release context. The Supreme Court will now decide whether federal courts may judicially adopt fugitive tolling, or whether Congress’s silence in the supervised-release statute forecloses it.
A New View Of Formal Equality And A Case For Predistribution, Alex Raskolnikov
A New View Of Formal Equality And A Case For Predistribution, Alex Raskolnikov
Faculty Scholarship
A long-held egalitarian view is that formal equality — the absence of formal legal distinctions based on the material resources of individuals — is regressive. If legal rules are the same for the rich and the poor, the rich benefit and the poor suffer. This Essay argues that this view is mistaken. Far from being synonymous with laissez-faire, a commitment to formal equality provides a counterweight to the key neoliberal maxim that regulation of the market economy should focus on efficiency alone. Moreover, a new view of formal equality offered here reveals a key advantage of predistribution over redistribution: Explicit …
Ai Companions And The Lessons Of Family Law, Clare Huntington
Ai Companions And The Lessons Of Family Law, Clare Huntington
Faculty Scholarship
Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology's addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …
Removal: A Response To Professor Nelson, Philip A. Hamburger
Removal: A Response To Professor Nelson, Philip A. Hamburger
Faculty Scholarship
In an essay published earlier this fall, Professor Caleb Nelson argues that, as a matter of originalism, the President does not have a constitutional power to remove executive officers. Professor Nelson is a renowned scholar, whose arguments could well influence the Supreme Court in two upcoming removal cases: Trump v. Slaughter and Trump v. Cook. It’s therefore important to evaluate whether his historical claim about removal is correct.