Digital Commons Network^™

Sports Law In Law Reviews And Journals, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Leveling The Playing Field Through Collective Bargaining: How The Nlra And The Groundbreaking 2024 Nwsl Cba Could Shape The Wnba’S Impending Cba Negotiations, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

The Gym-Pire Strikes Back: Is The Eighth Circuit’S Vacatur Of The Ftc’S Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

Marquette Sports Law Review

No abstract provided.

“It Doesn’T Matter What Your Name Is:” The Case Against Corporate Ownership Of Persona Rights In Modern Professional Wrestling, Calvin Holle

Marquette Sports Law Review

No abstract provided.

Efficient Norms In Formula One, Samuel Cole

Marquette Sports Law Review

No abstract provided.

“If Only You Guys Knew What I Knew:” Insider Trading In Collegiate Sports Betting, Ethan Lamb

Marquette Sports Law Review

No abstract provided.

Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley

Social Justice | Senior Theses

My senior thesis project delves into Restorative Justice's role in addressing the school-to-prison pipeline in Marin County. Restorative Justice prioritizes repairing the harm caused by crime to individuals, relationships, and communities, advocating for offenders to take responsibility and make amends rather than solely facing punishment (Restorative Justice Exchange, 2022). My capstone aims to pinpoint factors driving student exclusion from schools and subsequent entanglement in the legal system while highlighting how restorative approaches can prevent such outcomes. Additionally, it discusses the benefits of removing police officers from schools and reducing reliance on law enforcement within educational settings. My research will use …

Progressive Copyright Theory, Emily Behzadi Cárdenas

Faculty Scholarship

The legacy of colonialism, dispossession, and racial injustice is foundational to existing inequalities in modern copyright law. Traditionally, the primary purpose of copyright laws was to incentivize “progress” through the dissemination of new works, thereby conferring economic benefits to both the creator and society at large. Such economic-based notions of “progress” have historically favored the creative contributions of privileged groups while simultaneously disregarding those of historically oppressed groups. Progressive property theory acknowledges that there are social responsibilities and relationships inherent in private property ownership. Scholarship on progressive property law has exposed the need to reevaluate how property law regimes perpetuate …

Taking Integrity Risks Seriously, Miriam H. Baer

Faculty Scholarship

Several recent scandals in higher education have illuminated notable weaknesses in the academy’s scholarly self-monitoring function. Plagiarism, undisclosed conflicts of interest, and shocking allegations of data fraud have arisen in contexts suggesting real weaknesses in peer review and other internal monitoring mechanisms.

Although the legal academy is different in many ways from the rest of higher education, it is hardly immune to the familiar precursors of fraud—opportunity, pressure, and rationalizations. Moreover, the academy's reliance on student-written law reviews creates additional challenges for holding wayward legal scholars accountable for their integrity violations.

This Essay, written for a Symposium hosted by the …

Climate Litigation And Third-Party Litigation Finance, Courtney Geiss

Indiana Law Journal

For the last 200 years, human activities have been the main driver of global climate change, particularly the burning of fossil fuels. Increased emissions from fossil fuels have contributed to rising temperatures, food scarcity, and natural disasters, including fires, flooding, and droughts. Although climate change has been an issue in the public eye for the last several decades, global emissions are projected to continue increasing. At this point, it is clear that current actions at the individual and state level are not enough to meaningfully reduce greenhouse gas emissions. In this Note, I will discuss the idea of using third-party …

Super-Groups: Legal Empowerment And "Public Law", Matthew Lawrence

Indiana Law Journal

Not all interest groups are created equal. Some groups are created by or with the help of law. Law can confer political power on groups through wealth, rents, concentrated interest, and durability, creating synthetic factions that use their stategiven influence to dominate lawmaking. Deregulatory and progressive traditions in public law have long thought differently about laws that empower. A deregulatory tradition sees legal empowerment as a democratic pathology that counsels against lawmaking, citing empowerment concerns as a perennial rhetorical point against consumer protection, environmental protection, and social welfare programs, among others, for fear they will lead to “capture.” At the …

Minding The Gaps: How Intimate Partner Violence Legislation Is Failing To Address Coercive Control, Sydney Koehler

Minnesota Journal of Law & Inequality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

Jbs’S Initial Public Offering: Threats To Environmental And Human Rights, Kayla Thompson

Indiana Journal of Law and Social Equality

This paper centers around the decision to be made regarding JBS, the world’s largest meat company, wanting to list shares on the New York Stock Exchange (NYSE), and the environmental and social impacts that could result from the Security and Exchange Commission’s (SEC) approval. JBS has been at the center of various controversies over the last several years, including sourcing cattle from ranches acquired through illegal deforestation, engaging in greenwashing practices, incorrectly reporting greenhouse gas emissions, and engaging in human rights abuses. Many environmental groups have filed complaints with the SEC concerning JBS’s bid to list on the NYSE. The …

Prescribing A Balance: Sustaining Environmental Health With Pharmaceutical Interest In Puerto Rico, Derek Warzel

Indiana Law Journal

Puerto Rico, often referred to as the “Medical Cabinet of the U.S.A.,” is a hub for pharmaceutical manufacturing, contributing significantly to the American medical supply chain and Puerto Rico’s economy. However, decades of industrial activity, compounded by climate events like Hurricane Maria, have led to severe environmental damage, particularly through groundwater contamination and damaged Superfund sites. This Note examines the historical intersection of economic incentives and environmental neglect in Puerto Rico, focusing on the pharmaceutical industry’s impact. By critically analyzing the Superfund program and proposing reforms, this Note advocates for a balanced approach: introducing proactive environmental protections and financial incentives …

Unconcerned And Undertrained: The Indiana Jail Death Epidemic And The Need For Expanded Jail Officer Training, Sadie Rothrock

Indiana Law Journal

On October 4, 2018, Jerod Draper lost his life after two hours of torture by Harrison County jail officers. While in custody of the jail and suffering from an overdose, Jerod Draper was placed in a restraint chair for two hours and tased seven times in fifteen minutes. Jerod Draper’s story is one of the many stories demonstrating how a jail death epidemic is occurring throughout Indiana. In this Note, I discuss the history of incarceration in the United States, the statutes under which families of jail death victims can sue, and Indiana’s jail death problem. I then highlight Indiana’s …

The Interaction Between Privacy Laws And Restrictive Licensing Agreements In Cross-Border Satellite Imagery, Ida Samardar

IP Theory

No abstract provided.

Housing As A Human Right Through Legislative Action: Comparing France And Scotland’S Enforceable Rights To Housing, Emily Peterson, Jack E. Turman Jr., Ph.D.

Indiana Journal of Law and Social Equality

No abstract provided.

The Bankruptcy Off-Ramp From Complex Civil Litigation: Purdue Pharma, Opioids, And Unorthodox Civil Procedure In Public Harms Cases, Abbe R. Gluck

Indiana Law Journal

For civil procedure scholars, bankruptcy has become exciting. Last year, the United States Supreme Court decided for the first time a case that implicated both the core of the national opioids litigation and one of the most important developments in modern civil procedure—namely, the enormous amount of unorthodox procedural innovation that is happening in the courts as parties strive to reach global settlement.

The decision, Harrington v. Purdue L.P., took almost seven months despite the grant of expedited review—an indication that the result was likely not easily reached. In June 2024, the Court, voting five to four, reversed the Second …

Conceptualizing Caremark, Roy Shapira

Indiana Law Journal

Who is accountable for corporate compliance failures? The issue of compliance has emerged as one of the most significant developments in corporate governance over the past decades. However, until recently, corporate law has had surprisingly little to say about the question, leaving the policing of issues such as toxic pollution, product safety, or data privacy, to other regulators. This situation has changed dramatically over the past few years. Today, virtually every corporate fiasco is followed by an oversight duty lawsuit against the company’s directors and officers for not doing enough to prevent the debacle. But the rapid resurgence of oversight …

Federalism, State Action, And Workers' Medical Privacy, Ani B. Satz

Indiana Law Journal

Injured workers entering state workers’ compensation systems effectively forego their medical privacy. This is due to widespread judicial misinterpretation of the HIPAA Privacy Rule (HPR) as excluding injured workers from federal medical privacy protections. As a result, medical privacy for workers’ compensation claims is effectively governed by state law. This Article argues that states have failed to protect the medical privacy of injured workers adequately and that there is a pressing need for legislative reform. The Article presents the first comprehensive survey in the legal literature of state action protecting the medical privacy of injured workers. Part I describes the …

Remarks On The 20th Anniversary Of The Founding Of The District Of Columbia Access To Justice Commission, Anna Blackburne-Rigsby

University of the District of Columbia Law Review

I'm very excited to be here and honored that you invited me to be one of the speakers for this very timely and amazing symposium. I'm especially excited because you're also recognizing the 20th anniversary of the District of Columbia's Access to Justice Commission. The topic of the symposium is the evolution of the legal profession, A Different World. Looking at the phoenix on the UDC Law school logo, the flames are really appropriate now when we talk about the evolution of the legal world with all the technological developments and other interesting issues that we confront.

First, I want …

Roaring Skies: The Law Of Supersonic Commercial Flight And Arguments For Its Return, Caleb S. Dorris

Journal of Air Law and Commerce

The prospect of supersonic commercial flight is no longer confined to history; it is reemerging as a viable transportation model in the 21st century. With major airlines placing orders for next-generation supersonic aircraft and regulatory agencies, including the Federal Aviation Administration (FAA) and the International Civil Aviation Organization (ICAO), reconsidering longstanding restrictions, the return of supersonic flight is imminent. This article examines the legal, regulatory, and policy considerations that have shaped supersonic aviation’s trajectory and explores the challenges that remain for its full reintroduction into global airspace.

First, this article surveys the historical rise and fall of supersonic passenger aviation, …

Airplane!: Does The Federal Aviation Act Preempt State Law Design Defect Claims?, Max Birmingham

Journal of Air Law and Commerce

Which level of government—state or federal—has jurisdiction to set safety standards for aviation defect design is a nuanced issue. Generally speaking, federal law preempts state law in this context by occupying the field through a regulatory scheme that permeates aviation safety. The Federal Aviation Act of 1958 (FAAct) confers its namesake agency—the Federal Aviation Administration (FAA)—the powers to prescribe the “minimum standards required in the interest of safety.” The word “minimum” has been seized upon by those on the state side of the debate to advocate that it means the floor. And they contend that those in the Union have …

Grading Legal Research, Julie Tedjeske Crane

Faculty Scholarship

Law school grading practices often conflict with legal research instruction goals. Small class sizes render norm-referenced (curved) grading unreliable, and the emphasis on ranking students detracts from learning essential skills. Drawing on scholarship on legal education and other disciplines, this article examines several grading approaches that may better serve students and instructors, including criteria-referenced, specification-based, and equitable grading systems. It offers practical suggestions for improving grading practices, such as working with colleagues on assessment design, being intentional about grading formative work, and using anonymous grading. The article concludes with a call for more discussion about grading in legal research courses.

Incremental Innovation, George Horvath

Faculty Scholarship

Transformative innovations—the ones that use new technologies to disrupt the world—command our attention. But most new products are the result of a more mundane process of incremental iterative innovation, evolving through a long series of small modifications of existing technologies. Although both kinds of innovation can result in improved safety and utility, both can also create new dangers. We tend to be more aware of this in transformative innovations (as current worries over artificial intelligence show); by contrast, dangers created by incremental iterative innovation often go unrecognized, because the process itself is easy to overlook. Policymakers and regulators need to …

The Ninth Circuit’S Nod To Anti-Vaccine Advocates, Richard H. Hughes Iv, Dorit R. Reiss

Faculty Scholarship

On June 7, 2024, a three-judge panel of the Ninth Circuit issued a decision that, while it did not go as far as anti-vaccine activists claimed, clearly drew on anti-vaccine tropes, and suggested a retreat from important public health precedents.

This Article explains the decision and the way in which it can undermine public health law. In short, the decision is problematic in two ways. First, it accepts claims that are untrue on their face. By ignoring the evidence and facts provided by public health authorities and experts, the opinion demonstrates further erosion of the high deference to expertise embodied …

Cdc As A Debunker: The Limits Of Government In Countering Misinformation, Dorit R. Reiss

Faculty Scholarship

This Article argues that even in the best of times, government agencies are not well suited to debunking misinformation and suggests as alternatives a role for government in providing accurate information, a potential role for government in providing grants for debunking, and a more central role for private institutions in supporting debunking. It uses, as a case study, the Centers for Disease Control and Prevention (CDC)’s response to vaccine misinformation, focusing on issues the CDC has been addressing since before the COVID-19 pandemic, to highlight that the problem goes beyond the challenges of responding fast and accurately to the uncertainties …

Automatic Reaction - What Happens To Workers At Firms That Automate?, James Bessen, Maarten Goos, Anna Salomons, Wiljan Van Den Berge

Faculty Scholarship

We provide the first estimate of the impacts of automation on individual workers by combining Dutch micro-data with a direct measure of automation expenditures covering firms in all private non-financial industries over 2000-2016. Using an event study differences-indifferences design, we find that automation at the firm increases the probability of workers separating from their employers and decreases days worked, leading to a 5-year cumulative wage income loss of about 8% of one year’s earnings for incumbent workers. We find little change in wage rates. Further, lost wage earnings are only partially offset by various benefits systems and are disproportionately borne …

The Immigration Subpoena Power, Lindsay Nash

Articles

For over a century, the federal government has wielded the immigration subpoena power in darkness, forcing private individuals, subfederal governments, and others to help it detain and deport. This vast administrative power has remained opaque even to those who receive these subpoenas and invisible to those it affects most. Indeed, the very people targeted by these subpoenas often don’t know they exist, much less how they facilitate arrest and deportation. For these reasons—and more—this power has escaped the legal battles raging over other immigration enforcement tactics and the scrutiny of journalists, scholars, and courts. Thus, as state- and locality-held information …