Digital Commons Network^™

From Paper To Prison: How A Rapper's Bars Can Land Them Behind Bars, Sean Freeland

Lincoln Memorial University Law Review Archive

The United States judiciary has historically treated some criminal defendants worse than others. This paper seeks to shed light on the current shortcomings of the judiciary as it relates to lyricists. Specifically, prosecutors are targeting rap artists on trial for various crimes by seeking to admit their rap lyrics as propensity evidence. This paper is divided into three parts. First, it aims to examine a small aspect of free speech in America and points out its various problems. Further, this paper identifies a solution that should make admitting art as evidence more difficult for prosecutors; as such, the second part …

The Case Against Reason-Based Abortion Bans, Gray Sutton

University of Chicago Legal Forum

No abstract provided.

Donorsexuality After Dobbs, Mary Anne Case

University of Chicago Legal Forum

For the better part of a century, the United States Supreme Court has issued a series of decisions, “the underlying premise of [which is] that the Constitution protects ‘the right of the individual . . . to be free from unwarranted governmental intrusion into . . . the decision whether to bear or beget a child.’”¹ The most controversial line of such decisions, protecting from “unwarranted governmental intrusion” an individual’s right to choose to terminate a pregnancy through abortion, ² has been decisively overruled.³ The same conservative justices who have eliminated abortion rights have for the entirety of …

A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono

Buffalo Law Review

No abstract provided.

Public Thought's On Government: Political Participation V. Government Institutions, Kaitlyn Whitsett

Undergraduate Research Conference

No abstract provided.

Santa Clara Magazine, Volume 64 Number 1 Spring 2023 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

16 - A BRIDGE TO TOMORROW How one university can change the world when it widens the path to opportunity. SCU Staff

22 - THE INTERNET'S LAST TRUE BELIEVER For more than two decades, Law Professor Eric Goldman has been one of the most influential legal voices fighting for the ’net. Chris O’Brien

26 - OPPORTUNITY ON SET Meet five Broncos who scored the opportunity of a lifetime—production assistants on an indie film crew—via Professor Nico Opper. Nicole Calande

28 - SPIRITUAL SOUP With a little bit of this, a dash of that, and a sprinkling of something else, humans …

The Midas Touch: Atuahene's "Stategraft" And Unregulated Artificial Intelligence, Sonia Gipson Rankin

Faculty Scholarship

Professor Bernadette Atuahene’s article, A Theory of Stategraft, develops the new theoretical conception of “stategraft.” Professor Atuahene notes that when state agents have engaged in practices of transferring property from persons to the state in violation of the state’s own laws or basic human rights, it sits at the nexus of illegal behavior and revenue-generating activity for the government. Although there are countless instances of “stategraft,” one particularly salient example is when the state uses artificial intelligence to illegally extract resources from people. This Essay will apply stategraft to an algorithm implemented in Michigan that falsely accused recipients of unemployment …

Notre Dame Lawyers Connect: Spring 2023, Notre Dame Law School

Notre Dame Lawyers Connect

Major LRAP improvements

Two justices visit ND Law - Justice Brett Kavanaugh, Justice Amy Coney Barrett

Dean Cole presents St. Thomas More CLE

BLSA Alumni Weekend 50th Reunion

Upcoming Events

• April 14: Rice-Hasson Distinguished Lecture
• April 29: Notre Dame Global Day of Service
• June 6: ND Lawyers of New York City
• September 23: Law School Homecoming

In Memoriam - Judge Edward Leavy

Alumni Notes

• Casey Ryan
• Charlie Weiss
• Pier Pigozzi

Ending Guilt By Association: The Step Forward Act’S Attempt To Return The Presumption Of Innocence To California Gang Prosecution, Madison Sykes

University of the Pacific Law Review

No abstract provided.

"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada

Articles

This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …

Freeing Females From Toplessness Bans: A Strict Scrutiny Analysis, Colleen Marron

Dickinson Law Review (2017-Present)

Males may exhibit their bare chests on outdoor public property their entire lives. In many locations, this fundamental right to bodily autonomy afforded to men is denied to women. This Comment examines the Equal Protection Clause of the Fourteenth Amendment in conjunction with the fundamental right to bodily autonomy and focuses on the regulations forbidding female breast exposure. The assumption that female breasts require coverage due to their provocative nature normalizes and entrenches problematic issues, particularly the objectification of women, into law. The fundamental right to bodily autonomy requires protection over arbitrary and capricious social norms. This Comment stresses courts …

The Free Exercise Of Copyright Behind Bars, Viva R. Moffat

Washington and Lee Law Review

People in prison produce vast amounts of creative and expressive work—from paintings and sculptures to essays, novels, music, and NFTs—but they are rarely described as artists and their work is often not described as “art.” Prisoners also do not regularly take advantage of copyright law, the primary form of protection for creative works. They should.

Copyright provides a strong set of rights that combines strains of free expression values with elements of property rights. Copyright confers dignitary and expressive benefits and, for some creators, financial rewards. As such, copyright can be a tool to help prisoners improve their lives, both …

Learning From Guantanamo: Avoiding Legal Black Holes In Outer Space, Mia Bonardi

Cardozo International & Comparative Law Review

"Legal black holes" are spaces beyond the reach of enforceable law and thus inflict people within their pull with "rightlessness." The term "legal black hole" arose originally around the Guantinamo Bay detention center, but it has since been used in other contexts, such as migrant drownings. There is a new frontier for legal black holes in the space beyond Earth. This topic is timely and pertinent to modern application because if places or spaces exist where fundamental laws cannot be applied or enforced, then such legal black holes undermine the rule of law.

This Article argues that outer space is, …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

Now On Display: In-Line Linking In The Age Of The Server Test, Sonia Autret

Fordham Law Review

In 2007, the U.S. Court of Appeals for the Ninth Circuit adopted a new interpretation of 17 U.S.C. § 106(5), which codifies the display right of the Copyright Act of 1976. In Perfect 10 v. Amazon.com, the Ninth Circuit read § 106(5) to mean that creative works made visible on web pages through in-line linking, an architectural pillar of modern web design, would not infringe on a copyright owner’s display right if the work was not actually copied onto the website’s server. Since its adoption, this approach—known as the Server Test—has been lauded by search engine providers and web …

29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu

St. Mary's Law Journal

This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …

Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn

Minnesota Journal of Law, Science & Technology

No abstract provided.

Ndls Communicator: Week Of 03.20.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Diane Desierto serves as co-counsel in landmark UN ruling for Filipina ‘comfort women’
• Margarette Macaulay of the Inter-American Commission on Human Rights and Afghan alumni discuss protecting women’s rights
• Mary Ellen O’Connell was quoted in the Guardian article, “Miscalculation fears rise after Russian fighter jet collides with US drone over Black Sea.”
• Lloyd Mayer was quoted extensively by ABC in the report, “Trump loyalist Kash Patel’s tax-exempt charity raises questions, experts say.”
• Nicole Garnett published "Unlocking the Potential of Private-School Choice: Avoiding and Overcoming Obstacles to Successful Implementation for the Manhattan Institute."
• Jeff Pojanowski gave a …

Core And Periphery In Constitutional Law, R. George Wright

William & Mary Law Review Online

This paper embarks on an excursion through a number of the most vital constitutional rights cases, and other contexts as well, and seeks to show that the recurring judicial attempts to distinguish between core and peripheral areas within any given broad constitutional right are unnecessary and distracting. Intriguingly, the case for this conclusion varies significantly depending upon the nature of the general constitutional right in question. But the overall lesson is that courts should abandon their attempts to distinguish between core and peripheral areas of any given broad constitutional right. Courts should instead focus—directly or indirectly—on their best assessment of …

The Legal Implications Of Ai Generated Artwork, Annie Planker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Recently, artificial intelligence (AI) artwork has gained tremendous attention in the art world and beyond. Though digitally generated AI art platforms have been available to creators for decades, recent programs have made it possible “to create complex, abstract or photorealistic works simply by typing a few words into a text box.” Because of these new advancements, AI art has widely varied in both form and function: from self-portrait TikTok trends to high end galleries and art competitions.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 8, 2023. The original post can be …

The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader

West Virginia Law Review

Even casual watchers of T.V. crime dramas understand the Fourth Amendment’s exclusionary rule. Under this rule, evidence obtained by the police in a search of a criminal suspect’s premises that exceeds the scope of a judicial warrant is almost always inadmissible in the suspect’s criminal trial. The rule is designed to deter unreasonable governmental intrusion into private affairs and applies without regard for the suspect’s guilt or innocence. This Article proposes that the First Amendment includes an analogous rule against governmental censorship. Under this rule, content-based speech regulations exceed the legislature’s speech rulemaking warrant and are almost always invalid. This …

Horizontal Collusion And Parallel Wage Setting In Labor Markets, Jonathan S. Masur, Eric A. Posner

University of Chicago Law Review

Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product-market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way. But product markets and labor markets do not operate identically: people behave differently as employees and as consumers. Unlike consumers who can switch products relatively easily, employees face significant frictions in changing jobs. Other labor market frictions are created by the pay equity norm and downward nominal wage rigidity. These and related …

What Went Down When You Went Under? The Performance Of Nonconsensual Pelvic Exams On Unconscious Patients, Gabriella Ferreira

Hofstra Law Review

No abstract provided.

Individual Home-Work Assignments For State Taxes, Hayes R. Holderness

Washington Law Review

The surge in work-from-home arrangements brought on by the COVID-19 pandemic threatens serious disruptions to state tax systems. Billions of dollars are at stake at this pivotal moment as states grapple with where to assign income earned through these remote work arrangements for tax purposes: the worker’s home or the employer’s location? Some states—intent on modernizing their income tax laws—have assigned such income to the employer’s location, but have faced persistent challenges on both constitutional and policy grounds in response.

This Article provides a vigorous defense against such challenges. The Supreme Court has long interpreted the Constitution to be deferential …

The Freedom Of Influencing, Hannibal Travis

University of Miami Law Review

Social media stars and the Federal Trade Commission (“FTC”) Act are clashing. Influencer marketing is a preferred way for entertainers, pundits, and everyday people to monetize their audiences and popularity. Manufacturers, service providers, retailers, and advertising agencies leverage influencers to reach into millions or even billions of consumer devices, capturing minutes or seconds of the market’s fleeting attention. FTC enforcement actions and private lawsuits have targeted influencers for failing to disclose the nature of a sponsorship relationship with a manufacturer, marketer, or service provider. Such a failure to disclose payments prominently is very common in Hollywood films and on radio …

Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

The COVID-19 pandemic has exacerbated America’s pre-pandemic affordable housing crisis and millions of renters have paid the price. The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium in September of 2020 due to the ongoing COVID-19 pandemic. While the moratorium was originally intended to be temporary, the CDC under the Biden administration was forced to extend the moratorium in August of 2021 due to a lack of congressional action. The CDC is empowered by the Public Health Service Act to take actions necessary to prevent the spread of communicable diseases, and the ongoing COVID-19 pandemic constitutes …

The Law’S Role In Raising Children, Emily Buss

Ohio Northern University Law Review

No abstract provided.

To Promote The Progress: Incentives, Exclusives, And Values To Build A More Perfect Creative Culture, Jon M. Garon

Ohio Northern University Law Review

No abstract provided.

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.