Digital Commons Network^™

Silent Trusts And The Conflict Of Laws, Jeffrey Schoenblum

ACTEC Law Journal

No abstract provided.

Betting On Privacy: Safeguarding Data In The Era Of Online Gambling, Yanaisi Gordon

UNLV Gaming Law Journal

No abstract provided.

Editor's Note, Valerie Andalibi-Alvarenga

UNLV Gaming Law Journal

No abstract provided.

Introduction, Danielle Finn

UNLV Gaming Law Journal

No abstract provided.

For The Dads, Brads, And Chads: The Future Of Transferring Active Sports Wagers, Krystal Kay Petersen

UNLV Gaming Law Journal

No abstract provided.

Objectives And Principles For An Instrument On Limitations And Exceptions: Relevant Excerpts And Proposals, Sean Flynn, Luca Schirru

Joint PIJIP/TLS Research Paper Series

The Committee on Copyright and Related Rights (SCCR) has been mandated by the 2012 General Assembly to work toward “an appropriate international legal instrument or instruments (whether through model law, joint recommendation, treaty, and/or other forms)”. In SCCR 43, the Committee adopted a Work Program (SCCR/43/8) to draft “objectives, principles, and options” for potential instruments. With the goal of facilitating the discussion within the Committee and the design of principles and objectives, our research team systematically gathered and organized relevant excerpts from a variety of sources including existing treaties, laws, SCCR documents, academic contributions, and civil society proposals. This document …

Cracking The Façade: Analyzing Ohio's "Don't Say Gay" Legislation As Disguised Discrimination Under The First And Fourteenth Amendments, Sydni L. Porter

Journal of Law and Health

The Ohio State Legislature is among the growing nationwide trend in attacking LGBTQ+ rights. Chief among these is Ohio House Bill 8, which claims to limit the types of content children encounter in schools. While the drafters cite this noble intent, the bill's actual impact further harms queer students and teachers, who already bear heavier mental health burdens due to such legislation and its societal implications. This type of legislation recently originated in Florida, where it was signed into law by Governor Ron DeSantis in 2022 and garnered national media attention. As Ohio Governor Mike DeWine signed a near-identical bill …

Social Movement Lawyering And Due Process Values, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

As I send this Essay off to the Fordham Law Review in early January 2025, many people in the United States remain in a state of shock following the recent election of Donald J. Trump to a second term as President. Theories abound as to why a person who espoused so much hate won the allegiance of a majority of American voters; some commentators have suggested that “anti-wokeism” is to blame. To be sure, the Trump campaign manipulated conservative social values to gain support. But conservative values are not necessarily anti-woke values. Ancient values oppose treating people badly and interfering …

Social Movement Lawyering And Due Process Values, Susan D. Carle

Fordham Law Review

No abstract provided.

Government Lawyers, Ethical Dilemmas: The Case Of Herbert Wechsler And Japanese American Incarceration, Eric L. Muller

Fordham Law Review

No abstract provided.

Law Jobs: Professional Regulation, The Division Of Legal Labor, And Institutional Change, Emily S. Taylor Poppe

Fordham Law Review

No abstract provided.

Democratic Self-Defense, Claudia E. Haupt

Fordham Law Review

Four U.S. states recently took diametrically opposed approaches to address fundamental problems that their respective state legislatures identified in the online speech environment. While controversial legislation in Florida and Texas sought to limit the ability of platforms to remove users or content, New York and California passed laws ultimately aimed at curbing hate speech and other forms of abuse on platforms. In isolation, each of these legislative approaches raises significant First Amendment concerns, and all are likely insufficient to address the problems posed by online speech. But what if the impetus behind these laws were combined into a unified regulatory …

Properly Partitioning Prejudice: Analyzing Mixed Brady And Napue Claims, Patrick Scariano

Fordham Law Review

Due process affords criminal defendants the right to receive evidence possessed by the government that would aid in their defense. This right was codified in Brady v. Maryland. Brady’s lesser-known ancestor is Napue v. Illinois, which gave defendants the right to a new trial if the government knowingly offered perjured testimony in their original trial. The U.S. Supreme Court has held that these rights are critical to support verdicts worthy of confidence necessary to ensure due process.

Unfortunately, defendants victimized by misconduct are often affected by multiple violations of their rights. Courts have developed ways to examine …

Minimal Justiciability, Riley T. Keenan

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

Federal courts adjudicate only justiciable disputes. But justiciable as to whom? The Supreme Court has hinted at an answer, holding that at least one plaintiff must show standing for each remedy sought in a federal case. But it has never explained this “one-plaintiff rule,” and recently some scholars have criticized it, arguing that Article III instead requires each plaintiff to show standing in every federal case. This Article offers the missing explanation. Justiciability limits judicial power, it contends, and judicial relief is the constitutionally relevant expression of that power. Thus, Article III requires only one plaintiff with standing and a …

Judging Demeanor, Kiel Brennan-Marquez, Julia Simon-Kerr

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

This Article challenges the conventional wisdom that defendant demeanor—affect, body language, and physical appearance—helps juries assess guilt. On the contrary, we show that demeanor evidence poses an inherent risk of propensity-based reasoning. It invites jurors to convict defendants based on whether they “look like criminals,” rather than on the actual facts of the case. In doing so, demeanor evidence facilitates cultural and racial subordination. It enables members of dominant groups—consciously or not—to penalize members of less-dominant groups for failing to appear innocent or credible. We argue that existing law has things backwards. It treats defendant demeanor as presumptively useful and …

A Democratic Participation Model For Corporate Goverance, Grant M. Hayden, Matthew T. Bodie

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

Corporate law is in the grip of a fundamental conundrum: whether corporations should seek only to serve shareholders or instead attend to the interests of all stakeholders. The doctrine of shareholder primacy, which focuses the corporation’s attention on the goal of maximizing shareholder wealth, has been startingly successful, capturing the theory and practice of corporate governance for roughly fifty years. But recently the costs of this monomaniacal focus on the financial interests of one set of corporate participants have become clearer. At a time when the original reasons for restricting the corporate franchise to shareholders have been shown to rest …

Legal Academia's White Gaze, Renee Nicole Allen

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

For Black law faculty, Blackness, the Black experience, and Black legal and social identity are not trends. Yet, there are inflection points where legal scholarship about race, particularly Blackness, is in vogue. The most recent rise in such legal scholarship came in the aftermath of George Floyd’s murder and the worldwide Black Lives Matter protests in 2020. When antiracist sentiment is high, the regard for scholarship central to the personhood of Black legal scholars is high. Even then, there is an expectation that Black authors write in ways that conform to the White norms of legal scholarship. Though central to …

Beyond Marvin V. Marvin: How Washington Leads The Way In Protecting Unmarried Cohabitants, Karen Boxx, Terry Price, Joseph Janes

Washington Law Review

“Wholly unrelated to . . . marriage, courts have recognized the existence of meretricious relationships, which this court has determined to be stable, cohabiting relationships.”1 In the nearly twenty-five years since Pennington, Washington courts have developed a robust jurisprudence regarding these relationships, now called committed intimate relationships (CIRs). The equitable doctrine developed by Washington courts is groundbreaking in recognizing property rights of persons in unmarried relationships, particularly in light of the demise of common law marriage. As of 2019, more than seventeen million people, representing seven percent of American adults, were cohabitating, but economic protection of those cohabitants varies significantly …

Voter F̶R̶A̶U̶D̶ Mistake, Benjamin Plener Cover

William & Mary Bill of Rights Journal

False narratives challenging electoral integrity often cite ineligible voting as a prime example of so-called widespread voter fraud. This Article demonstrates that ineligible voting often consists of mistakes that are problematically treated like fraud. Some jurisdictions criminalize ineligible voting on a strict liability basis, imposing punishment even when the ineligible voter is unaware of her ineligibility. When jurisdictions impose this strict criminal liability, mistakes are often misunderstood or misrepresented as fraud. This harsh and confused treatment of voter mistake undermines the criminal justice system by severing criminality from culpability, punishing good faith democratic participation, targeting marginalized populations, and amplifying systemic …

Note, Sophia Caroline Marcolla

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Meals On Duty: The Case For Excluding Meal Reimbursements For Law Enforcement, Daniel De Izaguirre

The Business, Entrepreneurship & Tax Law Review

This article advocates for the extension of the Internal Revenue Code (I.R.C.) § 119 exclusion to cover cash reimbursements for meals provided to law enforcement officers. Currently, § 119 excludes meals furnished by an employer from gross income, but not cash reimbursements. The unique demand placed on law enforcement officers, including the requirement to remain on-call during meals, justify the inclusion of these reimbursements within the scope of § 119. Through a comprehensive analysis of legislative intent, case law, and the “substance over form” doctrine, this article argues that cash reimbursements serve the same substantial business purpose as meals-in-kind and …

The Opposite Of Retail Therapy: Hidden Fees And Online Shopping Hell, Claire Hiegel

The Business, Entrepreneurship & Tax Law Review

In 2024, California passed a law banning hidden fees, and the Federal Trade Commission finalized a similar new rule in 2025, targeting unfair and deceptive fees. These laws aim to benefit consumers and enhance competition by increasing pricing transparency. However, they fail to adequately address variable fees, putting some businesses between a rock and a hard place as they are forced to choose between advertising a misleading price or not advertising an initial price at all, leaving some consumers with less accurate information than they would have had before the enactment of the law. These laws also vary significantly in …

Juris Dr. Strangelove Or: How I Learned To Stop Worrying And Love The Machines, Garret Macko

The Business, Entrepreneurship & Tax Law Review

Despite a surplus of practicing attorneys, millions of Americans experience inadequate legal representation, demonstrating deep inefficiencies in the market for legal services. This paper explores the potential for artificial intelligence (“AI”) to expand access to justice by providing efficient and affordable solutions. Free and widely available AI-powered tools, like ChatGPT and Claude, demonstrate the capability to assist non-lawyers in tasks like drafting legal documents, conducting legal research, and resolving disputes. These tools represent a practical and economically efficient way to increase access to legal resources for underserved populations. Still, while AI offers significant promise, clear challenges exist. Issues like hallucinations—instances …

The Screen Is Going To Ask You A Couple Questions: Analyzing No Tax On Tips And How It Will Change The Hospitality And Service Industries, Nicholas Prindiville

The Business, Entrepreneurship & Tax Law Review

The Coronavirus Pandemic, point-of-sale technology, and financial instability has pushed demand for tips to all-time highs as tipped workers struggle to make ends meet. In response, Democrats and Republicans have proposed the “No Tax On Tips” bill, which would create a limitless deduction for tip income, to provide tipped workers with financial relief. With the bill targeting such a unique type of income, the potential results of this bill are just as polarizing. This paper looks at the origin of America’s tipping culture, how tips impacted labor and tax legislation, how the bill’s tip deduction would expose holes in labor …

The Devil Wears Dupes: Legal Implications Of “Dupe Culture” In The Fashion Industry And How Trademark Law Should Adapt, Alexis Theoharidis

The Business, Entrepreneurship & Tax Law Review

The proliferation of dupes in the fashion industry—affordable imitations of high-end designs—has created a complex intersection of intellectual property challenges, ethical concerns, and consumer behavior shifts. While dupes democratize fashion by providing low-cost access to high-end aesthetics, they undermine brand integrity, dilute designer creativity, and exacerbate labor and environmental issues tied to fast fashion. Current trademark law, centered on the Lanham Act, insufficiently addresses these challenges, particularly when dupes avoid direct counterfeiting and exploit legal gray areas. This article critiques the limitations of existing protections, evaluates alternative legal reforms, including updates to anti-dilution provisions and the use of blockchain technology, …

A Snitch In Time Can Help Deport Nine: Proposing A Private Enforcement Scheme To Spur Self-Deportations, Ajay Gupta

The Business, Entrepreneurship & Tax Law Review

Any forcible deportation drive that the incoming Trump administration may undertake to remove some of the many millions of aliens illegally present in the country would be limited in scope, underscoring the importance of goading self-deportations for perceptibly reducing these aliens’ numbers by curtailing their employment opportunities. Based in part on Britain’s experience with eradicating child labor in the nineteenth century, the article proposes a scheme of private enforcement for rendering unemployable a large proportion of unauthorized aliens in the United States labor market today. The proposal comprises enacting a punitive tax on all compensation paid for the personal services …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Assignments For The Benefit Of Creditors As An Alternative To Bankruptcy Proceedings, Jessica G. Mckinlay

The Business, Entrepreneurship & Tax Law Review

Many companies intending to close benefit from going through a formal dissolution procedure. The simplest method is to dissolve under state law, which can be done internally by the officers and directors or other responsible people in charge of the business. Dissolution under state law is a preferred method for companies without complicated debt structures or significant remaining assets. Instead of going through a dissolution handled internally by the company decision makers, companies may also consider retaining a third-party fiduciary who can notify creditors that the company has ceased doing business, sell any remaining assets, and distribute the proceeds to …

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

Articles

No abstract provided.

Brain-Dead Surrogacy And Testamentary Disposition: Legal Rights Over One’S Body For Reproductive Purposes, Cassandra L. Nelson

Vanderbilt Law Review

Through the advancement of modern medical technology, including life-support machines and in vitro fertilization, it may soon become possible to carry out brain-dead surrogacy—that is, gestational surrogacy in brain-dead carriers. When a person experiences brain death, life-support machines can nevertheless artificially maintain the body’s homeostatic functions, including the ability to gestate a fetus, for several years thereafter. There have already been several reported instances of brain-dead pregnant people on ventilation successfully carrying and delivering children. In light of the United States’ historical interest in promoting familymaking, this emerging avenue for surrogacy could increase the availability of surrogates and expand opportunities …