Digital Commons Network^™

An Llc By Any Other Name Is Still Not A Corporation, Samantha J. Prince, Joshua P. Fershee

Faculty Scholarly Works

Business entities have their own unique characteristics. Entrepreneurs and lawyers who represent them select an entity structure based on the business’s current and projected needs. The different needs of each business span myriad topics such as capital requirements, taxation, employee benefits, and personal liability protection. These choices present advantages and disadvantages, many of which are built into the type of entity chosen. It is critically important that people, especially lawyers, recognize the difference between entities such as corporations and limited liability companies (LLCs). It is an egregious, nearly unforgivable, error to call an LLC a “limited liability corporation.” This is …

Expert Stakeholder Perspectives On Emerging Technology For Neuroimaging Research With Highly Portable Mri: The Need For Guidance On Ethical, Legal, And Societal Issues, Molly K. Madzelan, Frances Lawrenz, Susan Wolf, Francis X. Shen

Articles

Portable MRI (pMRI) technology, which promises to transform brain imaging research by facilitating scanning in new geographic areas and the participation of new, diverse populations, raises many ethical, legal, and societal issues (ELSI). To understand this emerging pMRI ELSI landscape, we surveyed expert stakeholder views on ELSI challenges and solutions associated with pMRI research.

Redefining Public Benefits, Naomi Cahn, June R. Carbone

Articles

This Article considers the interaction between marriage, households, and public welfare-type benefits. In light of constant cultural and media attention to “the two-parent privilege,” the article argues that the very purpose of public benefits in the modern era is up for redefinition. The information age, much like the industrial revolution before it, has remade the preconditions for entry into the middle class and contributed to new middle-class family strategies geared to the changing labor market realities. This new era, which has increased income instability and employment insecurity, has increased economic inequality and eroded what were once secure pathways into middle-class …

Outpatient Fall Prevention In Ambulatory Adults 65 Years Old And Over, Dorothy L. Osborne-White

Doctor of Nursing Practice (DNP) Scholarly Projects - Archive

Background: In the United States (U.S.), falls are the leading cause of injury among adults 65 and over, resulting in 36 million falls yearly (Moreland et al., 2020). According to the Centers for Disease Control and Prevention (CDC, 2023), one in four older adults experiences a fall each year. Falls are the world's second most prominent cause of accidental deaths (World Health Organization [WHO], 2021). Falls are the leading cause of both fatal and non-fatal injuries among older adults (Moreland et al., 2020).

Methods: A quality improvement project that included a fall bundle was implemented in a primary clinic. A …

Anti-Patents, Roy Baharad, Stuart Minor Benjamin, Ehud Guttel

University of Chicago Law Review

Conventional wisdom has long perceived the patent and tort systems as separate legal entities, each tasked with a starkly different mission. Patent law rewards novel ideas; tort law deters harmful conduct. Against this backdrop, this Essay uncovers the opposing effects of patent and tort law on innovation, introducing the “injurer-innovator problem.” Patent law incentivizes injurers—often uniquely positioned to make technological breakthroughs—by allowing them to profit from licensing their inventions to competitors. Yet tort law, by imposing liability for failures to invest in care, forces injurers to incur the cost of implementing their own inventions. When the cost of self-implementation exceeds …

On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs, Ainslee Johnson-Brown

Akron Law Student Publications

This Essay argues that state abortion statutes codifying government interests in the health and welfare of the unborn trigger a constitutional right to prenatal care where adequate medical care is constitutionally required in the penal system. It explores the healthcare mandates required by the U.S. Constitution in the era before the passage of the Supreme Court’s decision in Dobbs, specifically looking at abortion access and prenatal provisions in the penological system. It then dissects abortion-related legislation passed by various states in the wake of Dobbs—emphasizing language within the legislative findings that could trigger a constitutional obligation for prenatal health in …

American Dream: Social Pressures And Lackluster Regulation Allow Multi-Level Marketing Companies To Function As De Facto Pyramid Schemes, Lindsay R. Maher

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

The entrepreneurial spirit goes to the heart of the American Dream. Pull yourself up by the bootstraps. Put your nose to the grindstone. If you could just be given the tools to get started, you, too, can make something of yourself with hard work and perseverance. This mindset drives millions of people each year to participate in Multi-Level Marketing companies (MLMs), which are advertised as an opportunity to start your own business, sell products, and work on your own schedule. MLMs are also designed to reward sellers each time they successfully encourage another person to join, so much so that …

Collateral Consequences Of Conviction: The Current Inequality In Courts’ Consideration Of The“Side Effects” Of Federal Sentencing, Olivia Johnnene

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Sms Mess: Circuits Disagree On Article Iii Standing For Claim Under Telephone Consumer Protection Act—Cross V. State Farm Mut. Auto. Ins. Co., No. Civ. 1:20- Cv-01047, 2022 U.S. Dist. Lexis 10676 (W.D. Ark. Jan. 20, 2022), Molly Lane

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Economic And Social Rights, Corruption, And Covid-19: The Indian And South African Experiences, Anashri Pillay

National Law School of India Review

India and South Africa have been at the forefront of debates about economic and social rights for many decades. Whilst the apex courts in these states have led the way in interpreting and handing down remedies stemming from these rights, vast social and economic inequalities persist. This article uses the responses to Covid-19 as a basis to consider how corruption has affected the realisation of economic and social rights in each of these countries. The article goes on to address broader arguments about the value of international human rights in tackling corruption. A human rights perspective is a relatively recent …

Cash Substitution And Deferred Consumption As Data Breach Harms, Lisa Yao Liu, Lior Jacob Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

Federal courts have long been divided over whether consumers whose data are breached suffer an “injury in fact” that gives them standing to sue under Article III of the United States Constitution. Judicial opinions find no constitutional standing in a narrow majority of such cases, and plaintiffs are likely to lose absent causal links to subsequent identity theft or the disclosure of embarrassing information. Consumers whose data are breached thus are left without a federal remedy, and firms’ incentives to invest in data security are diminished. Our paper identifies a novel injury that results from data breaches. Upon learning about …

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …

The Supreme Court’S 2022-23 Access To Court Decisions, Sarah Somers, Abigail Coursolle, Sarah L. Grusin, Jane Perkins

Saint Louis University Journal of Health Law & Policy

The Supreme Court’s 2022–23 Term yielded significant decisions bringing about goals long-sought by conservatives. This debut Term for the first Black woman Justice also included some results welcomed by progressives, including decisions on voting rights, Native American sovereignty, and individual enforcement of Spending Clause enactments. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on those affecting access for low-income and marginalized litigants. We also look ahead to what the 2023–24 Term may bring for those seeking access to the courts.

Ductus Exemplo: A Model Municipal Executive Order On Food Waste Reduction, Linda Breggin, Darby Hoover, Jessica Sugarman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Truth Bounties: A Market Solution To Fake News, Yonathan A. Arbel, Michael D. Gilbert

North Carolina Law Review

No abstract provided.

A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel

Journal of Legislation

No abstract provided.

Environmental Enrichment For Farmed Animals, Alexandra Schauer

Animal Law Review

Environmental enrichment standards are set in many animal welfare laws, but such protections are generally withheld from farmed animals. Instead, farmed animals are subject to substandard enclosures that are under-stimulating and inappropriate for their species-specific behavioral needs. Scientific studies have shown that the inclusion of environmental enrichment in an animal’s enclosure balances their production of stress hormones, which has beneficial implications for the overall health and wellbeing of the animal. Establishing enclosure standards for farmed animals that include provisions relating to environmental enrichment would improve farmed animal well-being and, subsequently, the health of the humans who consume products deriving from …

Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco

Faculty Articles

Part I of this article discusses the history and background of the United States' acquisition of Puerto Rico and how Puerto Rico became the commonwealth territory that it is today. The problematic history between the United States and Puerto Rico has been scrutinized in many works; however, this article provides a more recent overview of Puerto Rican contributions to the United States, both in terms of military service and monetary revenue. A current and accurate image of Puerto Rico and its entwinement with the United States is necessary to examine the depth of hypocrisy that its current legal status creates. …

Thwarting The Inevitability Of Over-Indebtedness, Lois R. Lupica, Zach Neumann

Emory Bankruptcy Developments Journal

No abstract provided.

Better Together: Building Community In The Lrw Classroom, Olympia Duhart

Saint Louis University Law Journal

Better Together: Building Community in the LRW Classroom emphasizes the importance of building a strong community within the Legal Research and Writing (“LRW”) classroom. A robust LRW community helps mitigate the stress associated with the course and equips students to manage the rigorous demands of law school. Given the challenges facing today’s law students and the unique challenges that characterize LRW, developing community in the LRW classroom should be a primary focus of effective law school training. This Article highlights the work of Thomas Hawk and Paul Lyons, who have studied the concept of “pedagogical caring” in higher education. The …

Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky

Faculty Publications

When agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. On the one hand, legislative rules make …

Athletic Donors’ Control Over The Future Of Collegiate Athletics, Matthew Thomas Gelder

Student Works

No abstract provided.

Attributing Ai Authorship: Towards A System Of Icons For Legal And Ethical Disclosure, Joseph J. Avery, Patricia S. Abril, Alissa Del Riego

Articles

Over the past year, the pervasive role of large language models (LLMs) and artificial intelligence (Al) in text generation has precipitated concerns about ethical usage, authorship, and transparent attribution. This has been true in legal practice, academia, and the corporate world, as well as in countless other arenas. In this Article, we identify the gap that has opened between those demanding proper disclosure (we should know when and to what extent Al is an author) and those struggling to respond to these demands. Part of the problem is that there is no system in place, no lingua franca, no set …

The Future Of Livestock Genetic Engineering In The United States: Going Against The Grain Or With The Herd?, Sam Harvey

St. Thomas Law Review

For several years, the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) have carried tension over which agency should regulate genetically modified livestock. Recently, this tension has boiled over with the release of many articles and statements from each organization as they battle over regulatory authority, most notably the USDA's claim that they are ready to take the bull by the horns and control the regulation of genetically engineered livestock. This note examines history and present-day practices to predict which agency will succeed in this battle of regulations, the USDA or the FDA.

Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis

Indiana Journal of Law and Social Equality

A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more “liberal” professional judgment standard—as promulgated by Youngberg v. Romeo and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez—is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in …

Cut The Baby Talk: Negotiating Pregnancy Clauses In Women's Athletic Contracts, Courtney Luis

Indiana Journal of Law and Social Equality

Many athletic departments, organizations, teams, and leagues have regulations that address the event of pregnancy in their athletes. As interest and participation in women’s sports continues to grow, along with the number and profitability of female athletes, pregnancy clauses are becoming increasingly common in athletic contracts for women.

Pregnancy clauses are an often overlooked section of athletic contracts and sports deals but can have far-reaching consequences for female athletes. Many athletic departments and organizations have attempted to create standardized regulations on how to deal with female athletes who become pregnant; however, these attempts are usually confusing, unclear, and regularly fail …

Reinvigorating Congress's Role In The Administrative State: What The Major Questions Doctrine Suggests About Nondelegation, Patrick Garry, Sidney J. Hardy

Faculty Publications

In its recent decision in West Virginia v. EPA, the U.S. Supreme Court struck down administrative rules attempting to dramatically transform the electrical power generating industry. The Court's decision rested on its major questions doctrine, which states that on important enough matters the intent of Congress must be clearly expressed. This doctrine goes against the prevailing trend of deference toward the administrative state, as expressed through the permissive nondelegation and Chevron doctrines. While the major questions doctrine seeks to retain some congressional control over important issues, it nonetheless attracts much criticism on an array of grounds. This article proposes an …

Guns, Abortion And Courts, Sloss, David L.

Santa Clara Law Review

The Supreme Court decided both Dobbs v. Jackson Women’s Health and New York State Rifle v. Bruen in June 2022. Bruen involves gun rights and incorporation doctrine. Dobbs addresses abortion rights and substantive due process (SDP). However, the doctrinal distinction between SDP and in- corporation is untenable. Both doctrines are rooted in the Four- teenth Amendment Due Process Clause; neither finds support in the text or original understanding of the Fourteenth Amend- ment.

The Court applies the same historical test for both SDP and incorporation cases to determine which rights the Due Process Clause protects. Both doctrines address legal issues …

Dobbs And The Future Of Substantive Liberty, Foley, Elizabeth Price

Santa Clara Law Review

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court did something it had never done before: It revoked an individual right (abortion) previously recognized as an unenumerated “liberty” protected by the Due Process Clauses. Regardless of how one feels about abortion, however, Dobbs has stirred a larger debate about its implication for constitutional law. Some argue that the decision marks a significant shift in the Court’s approach to substantive due process, while others claim it is a narrow decision limited to abortion. Which view ultimately proves accurate hinges upon whether there is now a fixed methodology for ascribing content …

Truth Bounties: A Market Solution To Fake News, Yonathan A. Arbel, Michael D. Gilbert

Articles

False information poses a threat to individuals, groups, and society. Many people struggle to judge the veracity of the information around them, whether that information travels through newspapers, talk radio, TV, or social media. Concerned with the spread of misinformation and harmful falsehoods, much of the policy, popular, and scholarly conversation today revolves around proposals to expand the regulation of individuals, platforms, and the media. While more regulation may seem inevitable, it faces constitutional and political hurdles. Furthermore, regulation can have undesirable side effects and be ripe for abuse by powerful actors, public and private.

This Article presents an alternative …