Digital Commons Network^™

Hipaa, Sandra B. Wadeh, Victoria Sintes, Anna Olson, Ethan Lowry

SPARK Symposium Presentations

HIPAA is a federal law designed to protect patient privacy by regulating how Protected Health Information is handled, stored, and shared. Violations of HIPAA can result in severe civil and criminal penalties, including fines, lawsuits, and even imprisonment for willful misconduct.

Public Investment As Constitutional Power And Accountability Challenge, Saule T. Omarova, Brian Richardson

University of Chicago Law Review

No abstract provided.

In Defense Of The Texas Statutory Easement, Matthew Crockett

Texas A&M Journal of Property Law

More than half the states, including Texas, have adopted a little-known statutory procedure by which a landlocked property owner may ask the government to exercise eminent domain to gain an easement over a neighbor’s property. Texas’s version, the rarely cited Texas Transportation Code section § 251.053, raises as many questions as it answers. This Article dissects section § 251.053, discusses the arguments for and against statutory easements, and argues in favor of statutory easements, particularly in Texas.

Rivers V. Guerrero, Meagan R. Hurley

Articles

Danny Rivers sought federal habeas relief, arguing that his trial counsel was ineffective. Rivers’s petition was denied, but while his initial habeas appeal was pending, he initiated a second filing to include new information that his prior counsel failed to utilize in an exculpatory report supporting his innocence. Applying 28 U.S.C. § 2244(b)(2), the district court determined it was “without jurisdiction to entertain” the new evidence because Rivers’s filing was a “second or successive” petition. The Fifth Circuit of Appeals agreed.

Charter Schools: The Education Solution Strangling The Public Education System, Brynna Smith

The Business, Entrepreneurship & Tax Law Review

This paper investigates why charter schools exist in Missouri and how judicial precedent has permitted their constitutionality. It will highlight their potential for corrupt policy, rebut the scant evidence proving they perform better than public schools, and demonstrate that charter schools are not the effective solution to poor public-school performance as they were initially intended. Rather they are disguised constitutional violations. This paper proposes that the United States abandon the charter school movement, concentrate all educational funding in public schools, and use the grants intended for charter schools to implement educational reform proven to be effective.

Asking The Rights Questions: An Emgerency Action Exception To The Major Questions Doctrine, Mark Hager

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

Congress delegates broad discretionary power to administrative agencies to respond to emergency situations, taking advantage of their extraordinary expertise and response speed. Yet these delegations are defined by a judicial rule known as the “Major Questions Doctrine.” The Major Questions Doctrine seeks to protect the separation of powers by preventing excessive use of executive power without clear delegation by Congress. Where a “major question” of vast economic or political significance is raised, it requires “clear” authorization in the delegating statute. During COVID-19, the Supreme Court used the doctrine to strike down several response programs, including: the Center for Disease Control’s …

What's Important To Write About? A Century Of Washington Law Review Topics, Hugh Spitzer

Washington Law Review

This Article examines the topics of all lead articles in Washington Law Review during its past ninety-eight years of publication. The analysis illustrates the changing interests of legal academics, student editors, and the working lawyers and judges who have read and used the articles over a century. For its first fifty years, the journal focused on general topics of interest to practitioners, Washington law matters, business and tax law, and government regulation. Other topics, such as legal and judicial system reform, constitutional law, and comparative and international law, were present in modest numbers. In its second half century, Washington Law …

Barlow V. Washington: Judicial Hesitancy And Sexual Violence At Universities, Elizabeth G. Porter

Washington Law Review

Sexual violence among university students—most frequently, violence against women—is a well-known and pernicious problem. But the liability of universities for failing to prevent such violence is exceedingly rare. Courts remain hesitant to impose a duty on universities to prevent sexual violence, even in situations where they are in by far the best position to do so. This Article examines that judicial hesitancy in the context of a claim by Madeleine Barlow, who sued Washington State University (WSU) after she was raped at an off-campus party in her first week of college by a student with a record of past sexual …

Washington's Implementation Of Legalized Cannabis: A Model For Other States And The Federal Government, Bruce Turcott, Daniel Shortt

Washington Law Review

This Article examines the process and outcomes of cannabis legalization in Washington State, offering insights for other states and potential federal legalization schemes. It begins with an overview of the campaign that led to the passage of Initiative 502 (I-502), detailing the initiative’s structure, which draws from liquor licensing laws. The Article then explores the establishment of a recreational cannabis market from scratch, focusing on agency structure, federal responses such as the Cole Memorandum, and the state’s regulatory framework aimed at preventing adverse outcomes.

Additionally, this Article highlights Washington’s efforts to promote social equity, emphasizing that I-502 was framed as …

Liability Considerations For Marine Carbon Dioxide Removal Projects In U.S. Waters, Korey Silverman-Roati, Martin Lockman, Romany M. Webb

Sabin Center for Climate Change Law

Scientists have identified a number of land- and ocean-based carbon dioxide removal (“CDR”) approaches. Ocean-based approaches, also known as marine CDR, hold great potential for uptake and sequestration of carbon dioxide. However, controlled field trials in the ocean are needed to better understand the efficacy and impacts of several marine CDR approaches. Legal considerations will have a major bearing on whether, when, where, and how such field research goes forward. Previous studies have analyzed the potential international and domestic legal framework applicable to marine CDR research and subsequent deployment (if that is ultimately deemed appropriate). However, relatively little research has …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Prison Penalty: Use Of Force Litigation After Kingsley V. Hendrickson, Danielle C. Jefferis

North Carolina Law Review

No abstract provided.

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Nevada Law Journal

No abstract provided.

Olympic Dreams Dashed: Arbitrating Seconds, Grams, Identity, And Time At The Paris Olympic Games 2024, Maureen A. Weston

Nevada Law Journal

No abstract provided.

Digital Speech And Future Persecution, Liane M. Jarvis Cooper

Nevada Law Journal

No abstract provided.

Justice Kavanaugh’S Tee: What Is The Court Brewing?, Elijah J. Miller

Nevada Law Journal

No abstract provided.

Good Language For Dispute Resolution Bots And Humanoids, John Lande

Faculty Publications

In developing the AI tool, the RPS Negotiation and Mediation Coach, I had to give it strict instructions to use certain terms and avoid others so that it doesn’t use lots of problematic dispute resolution jargon on the internet. This short article lists those terms.

The article points out that, just like bots, humanoids need to be trained. It is especially important to teach good dispute resolution language to law professor, law student, and practitioner units. Many of these humanoids are stuck on defective codings such as “facilitative” and “evaluative” mediation, which are like contagious malware. Humanoids generally can “learn” …

The Artificially Intelligent Rps Negotiation And Mediation Coach, John Lande

Faculty Publications

This document describes the artificially intelligent RPS Negotiation and Mediation Coach (“RPS Coach”) tool, which is an outgrowth of the Real Practice Systems (RPS) Project. It is designed to help many different users perform numerous tasks including (1) attorneys anticipating challenges, strategizing, and representing clients, (2) mediators enhancing preparation, communication, and decision-making, (3) disputing parties making better decisions, (4) ADR program administrators developing clear rules, policies, and materials, (5) educators and trainers teaching practical theory and skills, and (6) students and trainees learning practical theory and skills.

RPS theory and practice is designed to help attorneys and mediators help their …

A Practical Guide For Using The Rps Negotiation And Mediation Coach, John Lande

Faculty Publications

This two-page guide introduces the RPS Negotiation and Mediation Coach, an AI-powered tool grounded in Real Practice Systems (RPS) theory. It explains who can use RPS Coach, how it supports good decision-making, and the range of tasks it can perform. It is designed for attorneys, mediators, parties, ADR program administrators, educators, and students to improve the quality of dispute resolution practice, program design, and legal education. Practitioners and parties can use it to prepare for, participate in, and reflect on negotiation and mediation. Faculty can use it to develop syllabi, assignments, and simulations. Users can explore ideas, generate drafts, and …

The Fintiv Pendulum Swings Again: More Discretionary Denials Coming Soon, Dennis D. Crouch

Faculty Publications

This article examines the USPTO’s recent rescission of the June 2022 Vidal memorandum, signaling a significant policy shift in the Patent Trial and Appeal Board's (PTAB) approach to discretionary denials of inter partes reviews (IPRs). The rescission reinstates the precedential status of Apple Inc. v. Fintiv, Inc. and its six-factor test for evaluating whether to deny IPR institution based on parallel district court litigation. The article traces the evolution of discretionary denials under the America Invents Act (AIA), from their initial limited application to the expansive approach under Director Iancu, the subsequent narrowing under Director Vidal, and now the anticipated …

State Constitutional Rights, Naturally, Daniel B. Rodriguez

UMKC Law Review

No abstract provided.

The Original Understanding Of The Western State Constitutions' Protections From Searches, Seizures, And Self-Incrimination, Greg Sergienko

UMKC Law Review

No abstract provided.

Overloading The 1% “Circuit Breaker”: The Indiana Tax Court Constitutionally Expands Curtilage, Andrew W. Swain

Texas A&M Journal of Property Law

In its 2024 decision, Sawlani v. Lake County Assessor, the Indiana Tax Court reviewed the constitutionality of the Indiana General Assembly’s statutory limit of the constitutionally prescribed 1% tax cap to only one acre of land—curtilage—surrounding the taxpayer’s principal place of residence. The Tax Court held the legislature’s limitation unconstitutional, finding no verbiage in the relevant constitutional provision that justified limiting the tax cap to just one acre. This Article critically examines the Court’s decision in Sawlani, arguing that the ruling represents a significant departure from established judicial principles and legislative intent, undermining the legislature’s authority and introducing …

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Work Without Borders: Legal Challenges In The Age Of Remote And Hybrid Employment, Kiera Doughty

The Business, Entrepreneurship & Tax Law Review

The shift to remote and hybrid work arrangements in recent years has fundamentally changed employment practices, offering increased flexibility while also creating complex legal and regulatory issues for employees, employers, and state authorities, specifically in the tax and human resources contexts. The current system of state and local laws inadequately addresses these issues, leading to double taxation, compliance problems, and legal disputes. In addition to taxation complexities, remote work environments have introduced unique risks related to online discrimination and harassment, as well as broader issues such as privacy, monitoring, and equitable workplace protections. If left unresolved, employers could face costly …

The House Always Wins: Deceptive And Improper Conduct Plaguing The Sports Betting Industry And Legislation Congress Must Consider To Sustain The Market, Jake Navin

UNLV Gaming Law Journal

No abstract provided.

Law Library Collection Development In The Time Of Genai, Dana Neacsu

Law Faculty Publications

Collection development remains at the core of the library’s mission within each institutional framework. All law libraries, including those serving law schools, law firms, or governmental entities support legal research, and generative AI (GenAI) has revolutionized the interaction between librarian and the sources of legal research.

Exit Planning And Emigration Aspirations Among Trans And Nonbinary U.S. Citizens, Jayesh Rathod

Presentations

Law And Literature—Centering Counternarratives: The Need For Enhanced Law And Literature Curriculum In Arkansas Law Schools To Remedy A History Of Dispossession, Michelle Smith

University of Arkansas at Little Rock Law Review

No abstract provided.

Public Procurement Law—Time Is Money: Evaluating Efficiency Challenges And Cost Implications Within Arkansas’S P3 Statute, Julia Matchett

University of Arkansas at Little Rock Law Review

No abstract provided.