Digital Commons Network^™

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

Articles

No abstract provided.

Brain-Dead Surrogacy And Testamentary Disposition: Legal Rights Over One’S Body For Reproductive Purposes, Cassandra L. Nelson

Vanderbilt Law Review

Through the advancement of modern medical technology, including life-support machines and in vitro fertilization, it may soon become possible to carry out brain-dead surrogacy—that is, gestational surrogacy in brain-dead carriers. When a person experiences brain death, life-support machines can nevertheless artificially maintain the body’s homeostatic functions, including the ability to gestate a fetus, for several years thereafter. There have already been several reported instances of brain-dead pregnant people on ventilation successfully carrying and delivering children. In light of the United States’ historical interest in promoting familymaking, this emerging avenue for surrogacy could increase the availability of surrogates and expand opportunities …

Hipaa, Sandra B. Wadeh, Victoria Sintes, Anna Olson, Ethan Lowry

SPARK Symposium Presentations

HIPAA is a federal law designed to protect patient privacy by regulating how Protected Health Information is handled, stored, and shared. Violations of HIPAA can result in severe civil and criminal penalties, including fines, lawsuits, and even imprisonment for willful misconduct.

Public Investment As Constitutional Power And Accountability Challenge, Saule T. Omarova, Brian Richardson

University of Chicago Law Review

No abstract provided.

Charter Schools: The Education Solution Strangling The Public Education System, Brynna Smith

The Business, Entrepreneurship & Tax Law Review

This paper investigates why charter schools exist in Missouri and how judicial precedent has permitted their constitutionality. It will highlight their potential for corrupt policy, rebut the scant evidence proving they perform better than public schools, and demonstrate that charter schools are not the effective solution to poor public-school performance as they were initially intended. Rather they are disguised constitutional violations. This paper proposes that the United States abandon the charter school movement, concentrate all educational funding in public schools, and use the grants intended for charter schools to implement educational reform proven to be effective.

Asking The Rights Questions: An Emgerency Action Exception To The Major Questions Doctrine, Mark Hager

Minnesota Law Review Vols. 106:2 onward (2021-present)

Congress delegates broad discretionary power to administrative agencies to respond to emergency situations, taking advantage of their extraordinary expertise and response speed. Yet these delegations are defined by a judicial rule known as the “Major Questions Doctrine.” The Major Questions Doctrine seeks to protect the separation of powers by preventing excessive use of executive power without clear delegation by Congress. Where a “major question” of vast economic or political significance is raised, it requires “clear” authorization in the delegating statute. During COVID-19, the Supreme Court used the doctrine to strike down several response programs, including: the Center for Disease Control’s …

What's Important To Write About? A Century Of Washington Law Review Topics, Hugh Spitzer

Washington Law Review

This Article examines the topics of all lead articles in Washington Law Review during its past ninety-eight years of publication. The analysis illustrates the changing interests of legal academics, student editors, and the working lawyers and judges who have read and used the articles over a century. For its first fifty years, the journal focused on general topics of interest to practitioners, Washington law matters, business and tax law, and government regulation. Other topics, such as legal and judicial system reform, constitutional law, and comparative and international law, were present in modest numbers. In its second half century, Washington Law …

Barlow V. Washington: Judicial Hesitancy And Sexual Violence At Universities, Elizabeth G. Porter

Washington Law Review

Sexual violence among university students—most frequently, violence against women—is a well-known and pernicious problem. But the liability of universities for failing to prevent such violence is exceedingly rare. Courts remain hesitant to impose a duty on universities to prevent sexual violence, even in situations where they are in by far the best position to do so. This Article examines that judicial hesitancy in the context of a claim by Madeleine Barlow, who sued Washington State University (WSU) after she was raped at an off-campus party in her first week of college by a student with a record of past sexual …

Washington's Implementation Of Legalized Cannabis: A Model For Other States And The Federal Government, Bruce Turcott, Daniel Shortt

Washington Law Review

This Article examines the process and outcomes of cannabis legalization in Washington State, offering insights for other states and potential federal legalization schemes. It begins with an overview of the campaign that led to the passage of Initiative 502 (I-502), detailing the initiative’s structure, which draws from liquor licensing laws. The Article then explores the establishment of a recreational cannabis market from scratch, focusing on agency structure, federal responses such as the Cole Memorandum, and the state’s regulatory framework aimed at preventing adverse outcomes.

Additionally, this Article highlights Washington’s efforts to promote social equity, emphasizing that I-502 was framed as …

A Practical Guide For Using The Rps Negotiation And Mediation Coach, John Lande

Faculty Publications

This two-page guide introduces the RPS Negotiation and Mediation Coach, an AI-powered tool grounded in Real Practice Systems (RPS) theory. It explains who can use RPS Coach, how it supports good decision-making, and the range of tasks it can perform. It is designed for attorneys, mediators, parties, ADR program administrators, educators, and students to improve the quality of dispute resolution practice, program design, and legal education. Practitioners and parties can use it to prepare for, participate in, and reflect on negotiation and mediation. Faculty can use it to develop syllabi, assignments, and simulations. Users can explore ideas, generate drafts, and …

State Constitutional Rights, Naturally, Daniel B. Rodriguez

UMKC Law Review

No abstract provided.

Work Without Borders: Legal Challenges In The Age Of Remote And Hybrid Employment, Kiera Doughty

The Business, Entrepreneurship & Tax Law Review

The shift to remote and hybrid work arrangements in recent years has fundamentally changed employment practices, offering increased flexibility while also creating complex legal and regulatory issues for employees, employers, and state authorities, specifically in the tax and human resources contexts. The current system of state and local laws inadequately addresses these issues, leading to double taxation, compliance problems, and legal disputes. In addition to taxation complexities, remote work environments have introduced unique risks related to online discrimination and harassment, as well as broader issues such as privacy, monitoring, and equitable workplace protections. If left unresolved, employers could face costly …

Exit Planning And Emigration Aspirations Among Trans And Nonbinary U.S. Citizens, Jayesh Rathod

Presentations

Public Procurement Law—Time Is Money: Evaluating Efficiency Challenges And Cost Implications Within Arkansas’S P3 Statute, Julia Matchett

University of Arkansas at Little Rock Law Review

No abstract provided.

Tort Law—Right For All The Wrong Reasons: Allocating Fault To Immune Nonparties In The Wake Of Industrial Iron Works V. Hodge, Louis Rhodes Houser

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Arkansas’S Unconstitutional Gun Restrictions For The Formerly Mentally Ill, Michael Frost

University of Arkansas at Little Rock Law Review

No abstract provided.

Effective Legal Challenge To Agency Action: Litigating Against The Cfpb In The Post-Chevron Environment, Lucy C. Bartholomew

North Carolina Banking Institute

No abstract provided.

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Medical Debt Regulation And Law: Effects On Consumers And Industry, Julian C. Surprise

North Carolina Banking Institute

No abstract provided.

Mitigation That Worked: Empirical Evidence Of Why Jurors Rejected The Death Penalty In Some Highly Aggravated Capital Cases, Russell Stetler, Maria Mclaughlin, Susan Garvey

Hofstra Law Review

Over several years, we have documented over 625 highly aggravated cases where jurors declined to impose the death penalty at sentencing. These cases support our belief that the effective investigation and presentation of mitigating evidence can forestall a death sentence no matter how death-worthy the crime facts may appear at first glance. However, our previous publications shed no light on the specific mitigation evidence that inspired jurors to reject the death penalty in individual cases. This Article summarizes readily available documentary sources from over five hundred cases (more than eighty percent of all the cases in our database), utilizing special …

Divorce And Asset Distribution: Taking Stock Of Options, Mark Strasser

Hofstra Law Review

No abstract provided.

Peek-A-Boo,They Are Watching You: Breach Of Individual Privacy Rights Through The Use Of Artificial Intelligence Powered Facial Recognition Technology, Lauren E. Baffo

Hofstra Law Review

No abstract provided.

The True Cost Of Student Debt: How The "Undue Burden" Standard In Student Loan Dischargeability Impacts Mental Health, Diversity, And The Legal Profession, Matthew Lee Demestrio

Hofstra Law Review

No abstract provided.

Beyond Bingo: How Class Ii Bingo-Based "Slot Machines" Are Reshaping Tribal-State Dynamics, Kelsey Henderson

UNLV Gaming Law Journal

No abstract provided.

Economic Development For Native Nevada: How Indian Gaming Can Further Tribal Self-Determination, Makai Zuniga

UNLV Gaming Law Journal

No abstract provided.

Why Top Law Schools Have Fewer Women Law Professors, Kimberly Coleman

University of the District of Columbia Law Review

Countless individuals have made remarkable strides in advancing equality, but the work is far from over, especially for women in the legal field. Iowa set an early precedent by admitting Arabella Mansfield to the bar in 1869, and pioneers like Ellen Spencer Mussey and Emma Gillett became the first American women law instructors in 1896. Yet, despite these breakthroughs, systemic barristers persisted. Dr. Eleanor T. Glueck, despite attending law school in 1928 to research criminology and holding a doctorate in education, was never able to hold a teaching position. Between 1900 and 1945, only three women secured tenure or held …

Dobbs And The New Doctrine Of Stare Decisis, Russell A. Miller

William & Mary Bill of Rights Journal

Alongside the historic and troubling annulment of the half-century-old Substantive Due Process right to abortion, Dobbs produced another significant outcome. To get its substantive constitutional law result, the Court’s majority also had to reconceive—and significantly weaken—the doctrine of stare decisis. This was necessary because, following Planned Parenthood of Southeastern Pennsylvania v. Casey, the constitutional right to abortion largely depended on respect for precedent as the basis for its survival. To overturn Roe, the Dobbs majority had to blast through the established practice of precedent and articulate a new doctrine of stare decisis. It seems that precedent …

The Article V Convention Threat Awakens: Looking Within, Abroad, And Ahead, Willow Hasson

William & Mary Bill of Rights Journal

The Convention of States (COS) movement likely represents the passionate factions that Founders, like Madison, warned against and should thus be taken seriously. COS is now practicing its Article V Convention simulations every few years so that when it reaches its threshold of captured state legislatures, its processes will be fine-tuned, and there will be no going back. Not only could COS one day succeed, as evidenced by their supporters reaching new heights of politics, but their concerns are also worth focusing on as they point to an American constitutional flaw. Their frenzy for change is misdirected, and they aim …

Fee-Shifting Shortcuts, Maureen Carroll

Articles

Federal fee-shifting statutes, which allow certain prevailing plaintiffs to recover a reasonable attorney’s fee from the defendant, are critically important to civil rights enforcement. When it comes to the interpretation of these statutes, however, a wide gap separates the doctrine articulated by the Supreme Court and the decisions issued by lower courts. According to the Supreme Court, the calculation of a feeshifting award requires a highly contextualized inquiry, specific to the plaintiff’s attorneys and claims; in the lower courts, by contrast, judges take a set of welltrodden shortcuts that flatten many of the differences the case law makes relevant.

This …

Deputization And Privileged White Violence, Ekow N. Yankah

Articles

A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …