Digital Commons Network^™

“Spinning Wheel Got To Go Round”: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Tom Kierner, Stephen T. Middlebrook

Articles by Maurer Faculty

The past year reminds us of the rock lyrics from “Spinning Wheel” on Blood, Sweat & Tears’s 1968 self-titled record—“What goes up, must come down/Spinning Wheel got to go round”—because there have been many changes in strategy and reversal of policy since President Trump’s inauguration in January 2025. Our Survey documents these changes and reversals as they affect electronic payments and financial services. This year’s Survey also reports on warnings from state and federal regulators aimed at bank and non-bank providers of consumer financial services. Part II examines an FTC enforcement action related to the unfair and deceptive marketing of …

Exporting Bankruptcy: China’S Jurisdictional Gambit Under Chapter 15, Jason Jia-Xi Wu, Chentuo Zhu

Emory Bankruptcy Developments Journal

China’s distressed corporate giants are increasingly turning to U.S. bankruptcy courts. Instead of seeking discharge under China’s own bankruptcy system, a growing wave of Chinese megafirms—often state-backed and systemically important—are pursuing cross-border insolvency relief under chapter 15 of the U.S. Bankruptcy Code. This trend raises urgent questions: Why are China’s largest companies reaching across the Pacific to restructure? And how are their filings reshaping entrenched U.S. bankruptcy practices in ways that diverge from other foreign debtors?

At the heart of this phenomenon is a calculated, multi-jurisdictional forum shopping strategy. Chinese debtors typically begin by incorporating a shell …

Opening Remarks Disruptor, Innovator, Philanthropist: John William Butler, Jr. (A/K/A Jack Butler), Michelle Harner

Emory Bankruptcy Developments Journal

No abstract provided.

Limits On Damages For Breach Of A Forum Selection Clause, John F. Coyle, Tanya Monestier

Faculty Publications

When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate. This is because the conventional wisdom among judges has long been that damages are not available for breach of a forum selection …

Tradition Without Text?, Daniel B. Rice

Faculty Publications

This Essay critiques the Supreme Court’s emerging “history and tradition” methodology, as articulated in Dobbs v. Jackson Women’s Health Organization, arguing that its reliance on affirmative textual recognition in historical positive law fundamentally misrepresents the nature of American liberty traditions. By insisting that unenumerated rights are constitutionally cognizable only when earlier legal sources explicitly identified them as rights, the Court adopts a truncated evidentiary framework that privileges written enactments while disregarding lived experience, social practice, and the normative assumptions that shaped earlier understandings of permissible state power. The result, the Essay contends, is a mechanized and impoverished account of …

A New 17 U.S.C. § 108a: Restoring The Intellectual Property Clause's Balance In Copyright Consideration Of Digital Disruption And The Prevalence Of Onerous Licensing Practices, Caroline L. Osborne

Faculty Publications

Accessibility of knowledge and control over information is key to an informed public and democracy. The founding fathers recognized the benefits of an informed citizenry, enshrining this concept in the Intellectual Property Clause of the Constitution. Such a clause created a delicate balance between creator and consumer, incentivizing creation for the benefit of society. The beauty of the Clause is the concept of balance. Balance resting delicately on the fulcrum with the dual requirements of reward for creation and benefit to society. The evolution of the means and formats in which information is delivered to the consumer in the creation …

A First Amendment Right To Know, David S. Ardia

Faculty Publications

This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across the country. Based in part on a Supreme Court decision from the 1970s involving access to prisons, the government argued that the First Amendment imposes no constraints on government secrecy. If it is true that the government can shield its exercise of police power from …

Working Families V Ontario: Toward A Principle Of Voter Agency, Jamie Cameron

Articles & Book Chapters

In Working Families v. Ontario, the Supreme Court’s interpretation of the right to vote was complicated by the triangulation of s.2(b), s.3, and s.33 of the Charter. After Ontario’s twelve-month spending limits on third-party advertising were invalidated under s.2(b) of the Charter the government of Ontario re-enacted the same limits and added an override provision to pre-empt review under that guarantee. In the s.3 litigation that followed – referred to in this article as Working Families 2 – the Supreme Court held, by 5-4 vote, that the same third-party spending limits violated s.3’s right to vote. This short …

Front Matter, Natural Resources Journal Nrj

Natural Resources Journal

No abstract provided.

Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton

Natural Resources Journal

The global effort to mitigate climate change increasingly relies on widespread electrification, with lithium-ion batteries at its core and the key minerals required for their production concentrated in countries uniquely vulnerable to exploitation. Lithium-ion battery production relies heavily on cobalt, a critical mineral primarily sourced from the Democratic Republic of the Congo (DRC), which supplies approximately 70 percent of the world’s cobalt. As demand for cobalt is projected to rise sharply, the DRC has become indispensable to the global clean energy transition. Cobalt extraction in the DRC is closely linked to severe human rights abuses, including forced labor, child labor, …

Ai Washing And The Federal Government: How Government Agencies Can Address Risks Posed By The Growing Prevalence Of Artificial Intelligence In The Corporate Sphere, Sheheryar A. Khan

Student Works

No abstract provided.

Fulfilling The Promise Of Mount Laurel: Challenges And Successes In Balancing Open Space Preservation And Affordable Housing Development In New Jersey, Christian Henniger

Student Works

No abstract provided.

The Unmaking Of Section Two, Maureen Edobor

Scholarly Articles

Section 2 of the Voting Rights Act now stands at a paradoxical crossroads. Though it remains the statute’s central protection against racial vote dilution after Shelby County v. Holder, it is increasingly undermined by a constitutional framework that treats race-conscious remedies as suspect rather than necessary under Section 2. This Essay argues that Section 2 is being quietly unmade—not through direct invalidation, but through the convergence of Equal Protection Doctrine, racial-gerrymandering jurisprudence, and an ascendant commitment to colorblind constitutionalism. Tracing the Fifteenth Amendment’s original design and Congress’s expansive enforcement authority, the Essay situates Section 2 within a constitutional tradition …

Litigating The "Forever Chemical" Problem Through The Endangered Species Act, Charlotte A. Ramirez

Emory Law Journal

Per- and polyfluoroalkyl substances (PFAS), a class of man-made, resiliently bonded chemicals, cause harm to both humans and animals. These “forever chemicals” can compromise immunity, increase cancer risks, and cause reproductive harm. Addressing the harms caused by PFAS variants is crucial to protect public health, environmental health, and biological diversity. However, the United States’ current regulatory scheme takes a disjointed approach to PFAS regulation. This is complicated by the frequent development of new PFAS variants, whose effects and environmental presence are largely unknown and understudied. While even the protections provided for humans under the current regulatory scheme fall short of …

Techno-Optimism In Innovation Law And Policy, Peter Lee

Emory Law Journal

This Article examines an underappreciated bias that has long pervaded U.S. legal culture: an exceedingly enthusiastic view of technology and technological progress. It adopts the term “techno-optimism” to describe an asymmetrically positive view of innovation that extols its benefits, minimizes its harms, and elides much of its complexity. The recent rise of more skeptical attitudes toward technology only casts into sharper relief the techno-optimism that has subtly dominated policy debates for decades. As a case study of techno-optimism, this Article scrutinizes patent law, particularly its constitutionally defined objective of promoting technological progress. In so doing, it offers the first extended …

When Machines Collude: Rebooting Antitrust Law For The Age Of Algorithmic Markets, William K. Knight

Emory Law Journal

Increasingly, our lives are being dominated by algorithms. From social media feeds to credit scoring, algorithms play a major role in our day-to-day lives, whether we recognize it or not. An emerging issue in the modern technology landscape is the potential for algorithms to cause anticompetitive harm to free markets. As pricing algorithms become more advanced and more widespread, they could facilitate collusive arrangements in a manner that bypasses antitrust laws, thereby adversely impacting consumers through higher prices. American competition law, primarily governed by the Sherman Antitrust Act, suffers from glaring deficiencies and ambiguities that remain unresolved, leaving it manifestly …

Addiction To Constitutionally Protected Activity: Speech, Press, And Religion, Eugene Volokh

Emory Law Journal

Recent statutes and lawsuits have sought to restrict social media or video game design practices that supposedly cause some users to become “addicted.” Are such restrictions consistent with the First Amendment?

This Article begins by asking what would happen if the same arguments were applied to religious practices (whether or not the arguments’ supporters would seek to so apply them). Say some religious practice was viewed as causing emotional or financial harm—e.g., by leading some adherents to feel guilty about their sexuality, to distance themselves from family members, or to give substantial portions of their assets to the religious organization. …

The Public Utility Tradition In Antitrust Remedies, Ganesh Sitaraman

Emory Law Journal

Historically, courts, jurists, legislatures, and scholars have recognized that some businesses provide important services to society in sectors in which competition is unlikely to achieve the public interest. Policymakers adopted statutes that comprehensively regulated the market structure and operations of these businesses as public utilities, including, among other things, by determining entry and exit into business lines; overseeing or affirmatively setting prices; and requiring uniform, nondiscriminatory sales and access. When policymakers had not—or had not yet––stepped in to legislatively regulate these enterprises, abuses of power were possible. Private plaintiffs and governments sued under the common law or antitrust laws to …

The Nevada Plan: Redefining The Bar In The Silver State, Grace Michaelson

Nevada Law Journal Forum

Nevada is rewriting the rules of entry into its legal profession. In 2024, the Nevada Supreme Court approved plans for a new state bar exam that will take effect in 2027. The new format, known as the Nevada Plan, significantly departs from Nevada’s traditional bar exam and fundamentally alters the licensure process for those aspiring to practice law in the Silver State. This Note will explore the proposed changes and their implications through three main sections. Part I provides essential context for understanding the current moment in bar exam reform. It begins by examining the traditional role of bar exams …

287(G) Or Not 287(G)? That Is The Question: Nevada’S Role In Regulating Local-Federal Cooperation On Immigration Enforcement, Zachary Sweetin, Elizabeth Swenson

Nevada Law Journal Forum

This White Paper aims to examine the authority of local agencies and institutions in Nevada to enter into cooperative 287(g) agreements with ICE without state approval. Part I provides an overview of the history and structure of 287(g) agreements, including the recent adoption of this cooperative model by four Nevada jurisdictions. This Paper will also explore sections of Nevada Re- vised Statutes that may affect the legality of 287(g) agreements, focusing in Part II on Nevada’s modified Dillon’s Rule and in Part III on Nevada Revised Statutes (NRS) 228.206. Using pending American Civil Liberties Union of Nevada (ACLU) litigation against …

The Influence Of Adverse Childhood Experiences On Female Violent Offending: A Scoping Systematic Review, Alexis M. Wolgemuth

Theses, Dissertations and Capstones

Female-perpetrated violence has exhibited concerning data trends in recent years. Prior scholarship indicates that past victimization and trauma in childhood, known as adverse childhood experiences (ACEs), are highly prevalent among women offenders. However, the research concerning ACEs and violent females is scattered. This thesis provides a scoping literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) updated 2020 guidelines. A systematic database search was conducted using Academic Search Complete, SAGE Journals, Springer Nature Link, and HeinOnline to identify relevant peer-reviewed journal articles. Inclusion and exclusion criteria are established, focusing on studies published after January 2015. These …

Alabama Messenger Newspaper Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama Messenger Newspaper Collection consists of issues of the Alabama Messenger weekly newspaper dated March 1974 through December 1978 in Box 1, and June 1979 through February 1981 in Box 2. The Messenger was published in Birmingham, Alabama, and was "dedicated to serving the Courts, Attorneys, and Businesses of Jefferson County, as an efficient and qualified medium for all legal publications."

Camille Cook Collection, University Of Alabama School Of Law

Manuscript Collections

The Camille Cook Collection consists of committee documents, law school materials, seminar and program papers, a letter, and an article from University of Alabama School of Law Professor Camille Wright Cook.

B. L. Roycroft Collection, University Of Alabama School Of Law

Manuscript Collections

The B.L. Roycroft Collection consists of a 1916 leather-bound ledger from Roycroft's grocery and general merchandise store at West Blockton, Alabama. The volume contains information of accounts and purchases from an early-twentieth century small Alabama general merchandise business.

Harold See Collection, University Of Alabama School Of Law

Manuscript Collections

The Harold See Collection consists of memorabilia from Alabama Supreme Court Justice and University of Alabama School of Law professor Harold See.

George Josiah Sturges Walker Notebook, University Of Alabama School Of Law

Manuscript Collections

The George Josiah Sturges Walker Notebook contains class notes written in 1826 by George Josiah Sturges Walker, a student at the Litchfield Law School. Written in a graceful period hand, these pages were almost certainly recopied from rough notes, or from course summaries in circulation among Litchfield students. Walker's notes are comprised of more than 450 pages and summarize lectures given by Judge James Gould on Master and Servant, Contracts, Bailments, and Executors and Administrators.

Alta Lamar King Letters Collection, University Of Alabama School Of Law

Manuscript Collections

The Alta Lamar King Letters Collection consists of newspaper clippings and 27 letters from national correspondents in support of Judge Alta Lamar King's decision in the famous 1957 Alabama trial, Joe P. Pritchett v. State.

To see a digital version of this collection, please visit the Alta Lamar King Letters Collection.

Legislative Support Of Religious Policy In Ukraine Under Martial Law, Volodymyr Karpunets, Andrii Shevchuk, Oleksandr Bilchuk

Occasional Papers on Religion in Eastern Europe

The article examines the legislative framework of Ukraine's religious policy under the conditions of martial law caused by the full-scale armed aggression of the Russian Federation. The constitutional foundations of state-confessional relations are analyzed, particularly the provisions of Article 35 of the Constitution of Ukraine on freedom of conscience and religion, as well as Article 64, which provides for the possibility of temporary restrictions on religious rights under martial law. Key legislative acts are reviewed: the Laws of Ukraine "On Freedom of Conscience and Religious Organizations" (1991, with amendments in 2018 and 2019), "On the Legal Regime of Martial Law" …

Collective Bargaining In The Usa : Union Success Within And Outside Of The Flawed Legal Framework, Angela B. Cornell

Cornell Law Faculty Publications

The labour movement in the US experienced a powerful upswing under President Biden, but even with a labour-friendly administration thousands of new bargaining units labour without collective bargaining agreements years a#er being organised. The many limitations and weaknesses of the collective-bargaining framework under the private-sector statute, the NLRA, contribute to this very unfortunate outcome including enterprise rather than sectoral bargaining, a lack of meaningful remedies for serious bargaining violations, very little interest arbitration when the parties cannot reach agreement and the extremely limited right to strike. Millions of American workers are deprived of the right to bargain collectively because of …

Restorative Restitution, Lula Hagos

GW Law Faculty Publications & Other Works

How to best meet the needs of crime victims while also furthering the imperative of decarceration has long vexed advocates and scholars alike. This dilemma comes into sharp focus when one examines two developments in criminal procedure that, until now, have been analyzed separately: victim restitution and restorative justice.

Criminal restitution, the monetary payments ordered from defendants to victims, often fails both groups. Because most defendants are indigent, restitution obligations lengthen defendants’ involvement with the criminal legal system without delivering meaningful compensation to victims, making restitution more symbolic than restorative. At the same time, interest in restorative justice has surged …