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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 …

Whatever Happened To Queenie's Law?, Virginia C. Thomas

Library Scholarly Publications

This column illustrates how the history of a specific legislative measure that has been introduced over multiple legislative sessions can deepen our understanding of its legislative purpose.

Regionalism And The Federal Reserve Banks, Kathryn Judge, Lev Menand

University of Chicago Law Review

Regionalism is central to our country’s central banking system. Rather than rely on a single organization to set monetary policy and oversee banks, Congress created a multiplicity of bodies including twelve Federal Reserve Banks (FRBs), each designed to operate in a different part of the country. These FRBs are an early and undertheorized example of how the federal government uses regional bodies to formulate and administer federal policy. When they were first authorized in 1913, their regional character assuaged concerns about centralizing power over the economy. Today, the FRBs continue to play a number of important roles, helping to shape …

Securities Regulation And Administrative Law In The Roberts Court, David Zaring

University of Chicago Law Review

This Essay compares a judicial revolution that is happening to one that is not. Both the change and the status quo are being managed by the current Supreme Court. That Court has, when it comes to administrative law, shown a capacity to revisit everything. But when it comes to securities regulation, it has resisted change. What is the explanation for this divergent approach between general regulation, which the Court has sought to police, and securities regulation, which the Court has left alone? Some scholars have argued that the Supreme Court is simply uninterested in securities regulation, but the Court now …

Financial Hardship And Forum Selection Clauses, John F. Coyle

North Carolina Law Review

No abstract provided.

Zero-Sum Environmentalism: Competing Tax Incentives For Solar Farms And Wildlife Conservation Land, Nathaniel Swigart

North Carolina Law Review

No abstract provided.

H.B. 76’S Trojan Horse: An Analysis Of Certificate Of Need Reform In North Carolina, Morgan W. Lee

North Carolina Law Review

No abstract provided.

Undeterred: On The North Carolina General Assembly’S Decision To Double Down On Criminalizing The Opioid Epidemic, Drew Alexander

North Carolina Law Review

No abstract provided.

The Hardest Thing I'Ve Ever Done: Reentry Realities Of Criminalized Survivors, Emunah Evans, Marsha Weissman, Deborah M. Weissman

North Carolina Law Review

No abstract provided.

Sentencing Vulnerability: An Empirical Study Into The Role Of Personal Characteristics And The Foreseeable Experience Of Confinement At The Sentencing Of Older Adults, Adelina Iftene, Allison Hearns

Articles, Book Chapters, & Popular Press

This article presents and analyzes findings from a qualitative and quantitative review of reported Nova Scotia sentencing decisions (2013–2020) of aging individuals. The goal is twofold. First, by investigating the judicial discourse around personal characteristics at sentencing aging individuals, we specifically seek to understand where aging, and characteristics that interplay with aging, fit into current sentencing practices and the potential benefits and challenges of considering these factors. Secondly, and more generally, through the case study of older offenders, this article seeks to contribute to the largely theoretical scholarship that has engaged with the need for a methodical inclusion of a …

Shadow Banking And Securities Law, Gabriel V. Rauterberg, Jeffery Yufeng Zhang

Articles

Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation—aptly termed “shadow banks”—were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route—securities law. Our first contribution …

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead

Articles & Book Chapters

Trauma arises from profoundly distressing life events, and manifests in a range of often overwhelming physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma need trauma-informed services—that is, services that “recognize, understand and minimize” the long-term impact of trauma. A trauma-informed approach acknowledges that “effective interventions with people require both the avoidance of retraumatization and the presence of respectful and supportive interventions that help people rebuild their lives.”

Criminal Abortion And Citizen’S Arrest, Ira P. Robbins

Utah Law Review

In the aftermath of Dobbs v. Jackson Women’s Health Organization, many states rushed to classify abortion as homicide. In addition to criminalizing abortion, some states have shown a willingness to place enforcement of the new laws in the hands of ordinary citizens through a variety of private enforcement mechanisms. These new abortion statutes exist in tandem with existing citizen’s arrest laws to create the possibility for women, providers, and those who assist them to be subject to this problem-ridden doctrine. This Article analyzes potential scenarios in which these areas clash and pose new risks to exercising what was not long …

Protecting The Presumption Of Innocence: Tiktok Detectives, Misinformation And Private Content Moderation, Paige Sanders

Utah Law Review

The presumption of innocence is a fundamental component of the American legal system, but modern media platforms undermine its effectiveness. Platforms like TikTok have become popular sites for true crime content, allowing online detectives to spin their own narratives about high-profile crimes, often with little regard for the truth. This trend undermines the integrity of the legal system and causes irreversible harm to those being baselessly accused on social media. While TikTok and other social media platforms employ guidelines to moderate users’ content, they consistently fall short in preventing the spread of unverified true crime content. This Note explores TikTok’s …

Fighting Drugs With Drugs: Medical Mushrooms In Utah’S War On Opioids, Paul Helms

Utah Law Review

In addition to the happy side effect of improving psilocybin’s odds of rescheduling under the proposed new CAMU standard (potentially increasing national psilocybin accessibility for opioid recovery), Senator Escamilla’s S.B. 200 could represent the beginning of a new era for the State of Utah in its battle against opioids. Despite S.B. 200’s failure to pass, the medical application of psilocybin under S.B. 266 (S.B. 200’s spiritual successor) should positively impact several interconnected issues in Utah, including mental illness, addiction, and transiency. However, specific proof of psilocybin’s effectiveness in combatting opioid addiction should be especially persuasive in garnering bipartisan support for …

Smoking Guns In The Rearview Mirror: Defending Washington's Firearm Regulations With Historical Analogues, Hyejin Lee

Washington Law Review

Mass shootings and gun violence are inescapable facts of American life. America is the only developed country where mass shootings occur almost daily. Despite the widespread sentiment of hopelessness surrounding this problem, state and local governments have been enacting various gun restriction laws. However, in a series of recent cases, the U.S. Supreme Court established an originalist standard for evaluating Second Amendment claims that poses significant challenges to the constitutionality of state and local gun laws. To survive constitutional muster, gun laws today must share common regulatory purpose and mechanism with historical analogues from the period between the founding and …

Mainstreaming Parafamily, Elizabeth F. Emens

Faculty Scholarship

In Parafamily, Chen and Mulligan have managed to cover vast terrain, to catalogue important developments in law, to canvass insights from generations of thinkers, and to propose an ambitious yet pragmatic approach to the laws that govern human relationships, directly and indirectly. They do all this in a relatively short article composed of unusually readable prose. Quite a feat.

The focus of the piece is Chen and Mulligan’s contribution to the field of legal scholarship dedicated to relationships that go beyond the traditional nuclear family. As their title reveals, the authors contribute a new term and concept to this …

Regionalism And The Federal Reserve Banks, Kathryn Judge, Lev Menand

Faculty Scholarship

Regionalism is central to our country’s central banking system. Rather than rely on a single organization to set monetary policy and oversee banks, Congress created a multiplicity of bodies including twelve Federal Reserve Banks (FRBs), each designed to operate in a different part of the country. These FRBs are an early and undertheorized example of how the federal government uses regional bodies to formulate and administer federal policy. When they were first authorized in 1913, their regional character assuaged concerns about centralizing power over the economy. Today, the FRBs continue to play a number of important roles, helping to shape …

The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue To Ignore Modern Medicine And Contort The Standard Of Care?, Marc D. Ginsberg

Journal of Law and Health

The use of the locality rule to define or modify the medical standard of care is inconsistent with modern medicine. Nevertheless, various states in the U.S. continue to adhere to a locality rule. This paper revisits this topic, about which I have previously written, by focusing on Idaho, Nebraska, Tennessee and Arkansas. The paper concludes by suggesting that locality rules should be eliminated in favor of a national standard of care.

Rest In The Mourning: Navigating Assisted Suicide And Autonomy, Jada Rhome

Journal of Law and Health

Life, in all its diversity, has always been revered for its beauty, be it in the myriad opportunities it presents, the relationships we forge, or the cyclical changes that shape our journey. Yet, life’s harsh winters, those prolonged periods of suffering, often push the boundaries of endurance, prompting the question: Should we insist on perseverance when the hope of relief seems distant? This paper aims to explore this very question in the context of assisted suicide. This paper delves into the intricate ethical landscape of assisted suicide, navigating the complex interplay between autonomy, dignity, and the sanctity of life. At …

Cannabis In The Clink: An Argument In Favor Of Medical Marijuana For Disabled Inmates, Sophia Dechurch

Journal of Law and Health

In recent decades, medical marijuana programs have become commonplace, and most states in the United States of America are ready to accept marijuana as a natural alternative to treat symptoms of certain conditions such as chronic pain, cancer, mental illness, multiple sclerosis (MS), HIV/AIDS, and substance use disorder; as such, medical marijuana is readily accessible to those who have a qualifying diagnosis – the exception being those who are incarcerated. Although disability, substance abuse, and mental illness are prevalent among those under state supervision, these individuals are effectively prohibited from enjoying the benefits of medical marijuana. This Note will provide …

Race, The Academy, And The Constitution Of The War On Drugs, Bennett Capers, Jeffrey Bellin

Faculty Publications

The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen’s new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host of constitutional arguments that American litigants deployed to protect a “right” to use drugs with surprising, if fleeting, success. Pozen asks what might have been, exploring why the courts backtracked and effectively removed the Constitution as a meaningful obstacle to drug prohibitions.

This Review …

Shadow Banking And Securities Law, Gabriel Rauterberg, Jeffery Y. Zhang

Faculty Scholarship

Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation — aptly termed “shadow banks” — were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route …

Individual Liberty, Safety And Police Liabilities Under The Mental Health (Care And Treatment) Act, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

How should a society strike a balance between the objective of ensuring safety from dangers that may be posed by individuals believed to have a mental disorder and the deprivation of their liberty? How should police officers discharge their duties in apprehending such individuals with a view to conveying them to a medical practitioner at a psychiatric institution? These legal issues took centrestage in the Singapore High Court decision of Mah Kiat Seng v Attorney-General in which the apprehended individual brought claims in false imprisonment against a police officer. The decision examined the underlying purposes of the Singapore Mental Health …

Anti-Suit Injunctions And Dispute Resolution Clauses, Adeline Chong

Research Collection Yong Pung How School Of Law

In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements. The first case, Asiana Airlines, Inc v Gate Gourmet Korea Co, Ltd (‘Asiana Airlines’)[1] dealt with whether A could rely on an arbitration agreement between A and B to restrain B’s proceedings against C, a third party. The second case, COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills (‘COSCO Shipping’)[2] considered whether an arbitration agreement covered a tortious claim. To put it in another way, Asiana …

Navigating Job Security In Turbulent Times: Challenges In The Entertainment, Airline, And Auto Industries, Joshua M. Javits

Hofstra Labor & Employment Law Journal

No abstract provided.

Love And Hate In University Technology Commercialization Proposed Revision To The Bayh-Dole Act, Clovia Hamilton, David Schuman

Hofstra Labor & Employment Law Journal

To a large extent, the university technology transfer (hereinafter the "TTO") success depends on harmonious relationships between technology transfer staff and contributing faculty. While this state is ideal, regretfully, it is not typical. We describe sixty-two legal battles between academic inventors and their universities. We also identify the stressors caused by perceived threats to the TTO staff and faculty researchers, which result in felt job insecurity. We then developed a concept model which depicts these perceived threats and how they contribute to positive functional technology transfer performance or negative dysfunctional performance. We propose that any lack of communication, social exchanges, …

Hi-Ho, Off To Work Asylees Must Go: New York's Need To Facilitate Migrant Work Permits, Claire S. Campuzano

Hofstra Labor & Employment Law Journal

No abstract provided.

Drag Me To Work: Legislative Discrimination In Drag Queen Employment, Michael Russo

Hofstra Labor & Employment Law Journal

No abstract provided.

Climbing The Family Tree To Solve Crime: The Statutory Regulation Of Investigative Genetic Genealogy In Wisconsin, Margaret B. Mullican

Marquette Benefits and Social Welfare Law Review

Investigative Genetic Genealogy ("IGG") has emerged as a groundbreaking

tool that law enforcement agencies across the United States

are using to solve their most notorious criminal cases. IGG has led to

remarkable outcomes, such as identifying unknown victims, solving

decades-old violent crimes, and exonerating the innocent. While IGG

has transformed criminal investigations for the better, the tool has

also sparked concerns with the public regarding its haphazard regulation

and its constitutional implications. Despite the tool being

widely used by law enforcement, it remains relatively unregulated,

which has raised concerns about potential misuse, as well as a lack

of transparency and …