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Art, Antiquities, And Money Laundering, Derek Fincham Nov 2025

Art, Antiquities, And Money Laundering, Derek Fincham

Kentucky Law Journal

No abstract provided.


Distilling The Language Of The Law, Stacey A. Tovino Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

How Lochnerism Ends, Robert Knowles

Seton Hall Law Review

No abstract provided.


Voter Emancipation In Slavery’S Afterlife, Carla Laroche Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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.