Digital Commons Network^™

150 Years Of Detox: How Inadequate Dietary Supplement Regulation Undermines Consumer Safety In The Weight Loss Industry, Chloe Chambers

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

Prior to the passage of the Pure Food and Drug Act of 1906, the American food and drug market was a proverbial “wild west,” fraught with charlatans, snake oil salesmen, and manufacturers cutting costs at the expense of consumers. The Pure Food and Drug Act, along with the Food, Drug, and Cosmetics Act of 1938 took steps to address this problem, creating the modern food and drug regulatory scheme. While American food and drugs are markedly safer now than they were 150 years ago, the Dietary Supplement Health and Education Act of 1994 has prevented dietary supplement safety from keeping …

Can You Take Me Higher? How The Big Three Benefit From The Dominance Of Index Providers, J.B. Heaton

William & Mary Business Law Review

The entrenched and highly profitable business of licensing indices for passive management is puzzling. The largest equity indices, like the S&P 500 and FTSE Russell 1000, are merely market-capitalization-weighted portfolios without meaningful creative input. The largest passive fund managers could offer and promote “private label” market-capitalization-weighted funds at lower cost—certainly zero and possibly with a basis point or two rebate—at a huge savings for end-investors.

I explore a plausible explanation for the strange dominance of index providers. I explain how index providers are akin to a “hub” in a hub-and-spoke relationship that facilitates a form of price-fixing in the market …

Quantifying Educational Impacts Under The Nypd's Stop-And-Frisk Era, Matthew T. Stanton

Dissertations, Theses, and Capstone Projects

This project examines the educational and economic impacts of the New York Police Department's "Stop, Question, and Frisk" (SQF) program, implemented predominantly under "Operation Impact" from 2003 to 2022. Using data from the NYPD and the American Community Survey, the study explores correlations between high rates of stop-and-frisk encounters and reduced educational attainment among targeted demographics, primarily Black and Hispanic young men. It contextualizes the socioeconomic consequences of SQF policies, including their effect on lifetime earnings and community trust. The project highlights the limitations of data correlation, advocates for further longitudinal and qualitative studies, and suggests frameworks for mitigating inequities …

Perttu V. Richards: Brief Of Law Professors As Amici Curiae In Support Of Respondent, Margo Schlanger

Appellate Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg

Amicus Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.

Perttu V. Richards: Brief Of Law Professors As Amici Curiae In Support Of Respondent, Margo Schlanger

Appellate Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Ira P. Robbins

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: "The right to trial by jury is 'of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right' has always been and 'should be scrutinized with the utmost care." SEC v. Jarkesy, 144 S. Ct. 2117, 2128 (2024) (quoting Dimick v. Schiedt, 293 U.S. 474, 486 (1935)). The Seventh Amendment reflects and enshrines that tradition, providing that in "[s]uits at common law ... the right of trial by jury shall be preserved." U.S. Const. amend. VII (quoting Dimick; see also City of …

Carano V. Disney: The First Amendment Right Of Expressive Association As A Defense To Firing Employees For Their Political Speech, Joel Timmer

Washington Journal of Law, Technology & Arts

Following a series of controversial social media posts by actress Gina Carano, a cast member of the Disney+ Star Wars series, The Mandalorian, Disney terminated her employment on the show and announced that Carano would not appear in any future Star Wars projects. According to Disney, Carano was terminated because the views expressed in her posts did not align with the company’s values. Carano filed suit against Disney, claiming Disney violated California state labor laws that generally prohibit employers from sanctioning employees for their political activities. In response, Disney claims that the First Amendment right of expressive association provides …

Insurrection And Black Political Participation, Brandon Hasbrouck

Scholarly Articles

The Reconstruction Congress envisioned a comprehensive set of rights and structural protections in the Fourteenth Amendment to establish and preserve a multiracial democracy. The Fourteenth Amendment’s third section, the Insurrection Clause, may seldom have been enforced in recent memory, but it remains a vital part of the Amendment’s framework. The Insurrection Clause bars any state or federal government official who participates in a rebellion or insurrection after taking an oath to support the Constitution from serving in such a position again. In Trump v. Anderson, the Supreme Court was given a choice to either enforce the Insurrection Clause’s protection …

Decolonial Constitutionalism, Richard Albert

Chicago Journal of International Law

The American Declaration of Independence kindled the first successful decolonial movement in the modern world, culminating in the enactment of the United States Constitution. From colony to sovereign state to great power, the United States modeled for subordinated peoples abroad how to win their own battles for sovereignty. Since the end of the Second World War, however, America’s eighteenth-century precedent of revolutionary self-determination is no longer the prevailing path to decolonization. The traditional warmaking toolkit for winning independence—revolution, illegality, and violence—has been replaced by more orderly tactics consonant with the rule of law. Evolution, lawfulness, and continuity are the touchstones …

Uncovering Spain's Lost Victims: Can The Continuing Crimes Doctrine Expand The Jurisdiction Of The International Criminal Court?, Kaitlyn Booher

Case Western Reserve Journal of International Law

Throughout Spain’s transition years (1975-1985), the country has maintained an “agreement to forget” and consequently failed to prosecute any perpetrators of crimes during the Franco dictatorship. This Note examines Franco-era forced disappearances in Spain and argues that the ICC has ratione temporis jurisdiction to investigate and prosecute perpetrators under the application of the continuing crimes doctrine, which is consistent with the principle of nullum crimen sine lege. (Abstract from author.)

Digital Sovereignty And Ai: New Threats To Corporate Participation In Internet Governance?, Michael J. Kelly, David E. Satola

Case Western Reserve Journal of International Law

Authoritarian regimes have long challenged the multistakeholder model of Internet governance in pursuit of more state-centered controls. Recent assertions of digital sovereignty, coupled with dramatic advancements in artificial intelligence (AI), present twin threats that those regimes may now deploy to advance that challenge. This Article argues that corporations, which currently have a seat at the governance table, must engage with this debate on the side of Western liberal democracy and Internet human rights or risk losing those seats. (Abstract from authors.)

Generative A.I., Virtual Child Pornography, And The First Amendment: Time To Reconsider Ashcroft V. Free Speech Coalition?, Seth Atisha

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The End Is Still To Come: How The Law’S Interaction With Digital Replicas And Derivative Digital Replicas Will Shape The Future, Spencer Kweskin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Tax Sheltering Death Care, Victoria J. Haneman

Scholarly Works

Death is not free. Funeral, burial, or cremation costs are the third largest category of expense over the lifetime of the average American, while poverty paradoxically remains the fourth leading cause of death. Many are unable to shoulder the often-exorbitant cost of death care without being forced to beg, borrow, or simply abandon human remains. Sufficient resources exist to ensure that everyone is laid to rest with dignity in the United States, but those resources are not evenly distributed. This is a conversation about affordable and humane disposition of remains as a right versus a privilege. It is a discussion …

To Insure Domestic Tranquility And Provide For The Common Defence: The Preamble's Concern With Internal And External Threats, Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Understanding Free Speech Values At The Supreme Court, Noah C. Chauvin

Faculty Articles

This essay is a book review of The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections, by Professors Eric Kasper and Troy Kozma. The book argues that John Stuart Mill had an indelible impact on the Supreme Court's free speech jurisprudence, and that through the power of precedent, we have come to have a "Millian "First Amendment. As I explain in the review, Kasper and Kozma have made a compelling case. However, because Mill offered an expansive defense of freedom of expression, it is not enough to say that the Court's free speech jurisprudence …

Invisible No More: Looking And Listening Locally To Build Conflict-Related Sexual Violence Resilience, Anjali Thakore

CMC Senior Theses

The ubiquity of sexual violence, with its devastating physical and psychological consequences, has rendered conflict-related sexual violence (CRSV) one of the most effective and enduring “invisible crimes” of war. Despite receiving growing attention across academic, political, and activist circles, wartime sexual violence remains pervasive in contemporary conflict zones. Against the backdrop of these frequent and recurring violations, this thesis explores the dissonance between high-level rhetorical commitments to preventing and punishing CRSV and on-the-ground realities. What soon emerges is a troubling pattern in which gendered violence—and women’s lived experiences more generally—while increasingly visible in theory, remains marginalised in practice. By investigating …

Redefining The Relevant Market: Abandonment Or Return To Brown Shoe, Daniel A. Hanley

Dickinson Law Review (2017-Present)

Defining a relevant market is arguably the most important requirement in antitrust litigation. Between the 1890s and the 1940s, defining a relevant market was a simple and generalized process, typically undertaken by courts as a cursory matter. However, in the 1960s, defining relevant markets became a centerpiece of antitrust litigation. The modern method originates from the Supreme Court’s landmark 1962 decision in Brown Shoe v. United States. The method commonly known as the Brown Shoe test requires judges to construct relevant markets by carefully analyzing accessible and understandable qualitative data, such as internal corporate documents and consumer surveys. Since the …

How To Let A Democracy Die: “First,…Let’S Kill All The Lawyers” And Other Lessons From The Bard, Jena Martin

Faculty Articles

This article serves to provide a much-needed perspective on how international legal mechanisms (or the lack thereof) impact democratic in institutions.

Inaugural Adr And Social Entrepreneurship Course, Helen M.E. Winter, Harshit Rathore

Saint Louis University Law Journal

This article examines the innovative integration of Alternative Dispute Resolution (ADR) principles with social entrepreneurship, focusing on how this combination can be used to address significant societal challenges. The article highlights a course designed specifically for law students, which provides a comprehensive understanding of ADR mechanisms such as mediation, negotiation, and system design, while also encouraging students to develop entrepreneurial solutions to real-world conflicts. Inspired by the nonprofit organization R3solute, which trains refugees and locals as peer mediators, the article explores how students are equipped to create ADR-centered ventures that offer sustainable resolutions to social problems.

The article discusses the …

On Copyright And Social Policy, Graham Reynolds

All Faculty Publications

This paper advocates for a view of copyright not as economic incentive or reward, but as a critical piece of a broader social policy, the goal of which is to help build a just and inclusive society. Copyright can play an important role in helping build such a society, in that the exclusive rights granted to creators under copyright legislation, as well as the limits placed on those rights, can be structured in ways that help advance this goal. However, copyright alone can only do so much. In seeking to build a just and inclusive society, copyright must be embedded …

Authoring While Dead, Mark A. Lemley, Oliver W. Holmes Jr.

Georgia Law Review

Bob Marley died in 1981. But he wrote a song in 2017 with The Killers. At least, that’s what the song credits say. Why? Because The Killers’ song included the two words “redemption song,” the title of a classic Bob Marley hit. Rather than fight, The Killers agreed to add Marley as a co-author.

There is an increasing trend in the music industry toward resolving disputes over music copyright by granting co-authorship (or “interpolation”) credit to the claimant, no matter how weak the claim (as in Marley’s case), and even if they are dead (as in Marley’s case again). Bob …

Crisis And Change At The United Nations: Non-Amendment Reform And Institutional Evolution, Oona A. Hathaway, Maggie M. Mills, Heather Zimmerman

Michigan Journal of International Law

The Security Council’s inaction in response to the wars in Gaza and Ukraine has once again put a spotlight on structural problems at the United Nations (“U.N.”). Security Council paralysis—particularly the (mis)use of the veto power afforded to the permanent five (“P5”) members of the Council—has long prompted calls for reform. Yet the same veto power prevents nearly all efforts to reform the organization through the formal amendment process provided in the U.N. Charter.

This article argues that there is an alternative way forward: what we call “non-amendment reform.” Rather than seek formal amendments that are unlikely to survive the …

Litigating The Gaza Crisis: Legal And Political Strategies In South Africa V. Israel, Michael Ramsden

Cardozo International & Comparative Law Review

The article examines the strategic use of the International Court of Justice (ICJ) in the case of South Africa v. Israel, highlighting how states leverage the ICJ to influence international relations beyond legal compliance. It evaluates the efficacy of the ICJ's provisional measures in addressing the conflict in Gaza, emphasizing the intersection of legal strategy with political and humanitarian objectives.

Copyright, Creativity, And Skill: Authorship And Ai-Assisted Works, Lucas S. Osborn

Scholarly Works

Generative artificial intelligence ("Al") has increasingly become a focal point in legal discussions, raising complex issues across multiple domains, including algorithmic bias, defamation, intellectual property, and privacy. This Article specifically examines the implications of Al-assisted works, with a focus on text-to-image generators, such as Midjourney, that possess the ability to create detailed visual art from simple text prompts. The tools are not, however, limited to simple prompts. Users retain the ability to introduce greater complexity by specifying a host of variables that define the resulting image. Al-assisted art implicates significant legal rights and responsibilities. As to responsibilities: Can the image …

Pennsylvania And Sports Law: Keys To The Keystone State, Adam Epstein

Marquette Sports Law Review

No abstract provided.

Constitutional Law Application In The Sport Industry, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

Art Law & The Law Of The Horse, Brian L. Frye

Seattle Journal for Social Justice

No abstract provided.

The Unauthorized 2025 Beginner’S Guide To Classical Music And The Dso Soundcard, Stephen Calkins, Tierney Hoffman

Law Faculty Research Publications

No abstract provided.