Digital Commons Network^™

Teaching Evolution After Kennedy And Mahmoud, Alexander Gouzoules

Faculty Publications

One of the longest running disputes at the intersection of education law and the First Amendment has involved conflict over evolutionary biology in American public schools. Through a century of nearly continuous litigation, creationist legislation and parental demands to exempt students from science instruction have been constrained by longstanding First Amendment doctrines.

That settlement is now unraveling. In Kennedy v. Bremerton School District, the Supreme Court abandoned its prior approach to the Establishment Clause in favor of a history-and-tradition analysis that is ill-suited to questions about modern scientific education. And in Mahmoud v. Taylor, the Court held that students' compulsory …

Investigation Expenses, Ryan Vacca

Faculty Publications

Misappropriating trade secrets is usually done in secret. After all, those taking another’s trade secret in violation of state and federal law rarely openly tout their misdeeds. As a result, trade secret owners do not always immediately realize that their trade secret has been misappropriated and must spend significant resources investigating whether misappropriation has occurred and, if so, by whom and to what extent.

An important question frequently arising over the last several years but overlooked in the scholarly literature is whether a trade secret owner’s investigation expenses are recoverable as “actual loss” under state and federal trade secret laws. …

Artificial Intelligence, Judicial Evolution, And Insurance, Renee Henson

Faculty Publications

AI-driven platforms have the potential to inflict traditional injuries in new ways. Proprietary algorithms trained on large volumes of personal data can cause mental, emotional, and sometimes physical injuries via conversational exchanges, harmful content recommendations, and the promotion of extremist content. This "algorithmic liability" fundamentally challenges existing legal doctrines and statutory protections, thereby exposing deficiencies in current insurance coverage frameworks. 

Historically, courts dismissed algorithmic liability claims early in litigation, invoking Section 230 immunity and First Amendment protections, and resisted classifying algorithmic tools as "products" for the purposes of products liability law. Recent jurisprudence, however, signals a critical turning point. On …

Campbell At 30: A Retrospective Appreciation, Michael W. Carroll, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

This Article traces the intellectual history of copyright law’s fair use doctrine at the Supreme Court from its first encounter with fair use to its landmark decision slightly more than three decades ago in Campbell v. Acuff-Rose Music, Inc. Campbell provided courts with a coherent, user-centered theory for applying the four statutory fair use factors provided under 17 U.S.C. § 107, a standard the Court recently ratified in Google LLC v. Oracle Am., Inc. and Andy Warhol Foundation for the Visual Arts v. Goldsmith. As one of three related articles, this Article advances two principal claims to contribute to …

Presidential Immunity: Before And After Trump, Thomas P. Schmidt

Vanderbilt Law Review

'All the officers of government," the Supreme Court said long ago, "from the highest to the lowest, are creatures of the law, and are bound to obey it." Despite that ringing and categorical language, however, the Court has held that the President-the "highest" and most powerful of all government officers-is "immune" from judicial oversight in several respects. Indeed, when the Court held last Term that former presidents are presumptively immune from criminal prosecution for officials acts, the dissenters warned: '`n every use of official power, the President is now a king above the law."

This Article unpacks the various presidential …

Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville

West Chester University Graduate Theses, Dissertations, and Final Projects

This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …

Crypto Exchanges In Market Regulation, Yesha Yadav

Vanderbilt Law Review

The cryptocurrency market has proven notoriously challenging to regulate despite a decade during which it has gained in economic size, sophistication, and cultural impact. Even as repeated crises have left ordinary savers wiped out, regulation has shown itself to be woefully absent as a means of mitigating risks ex ante or helping cover the cost of damage ex post. This Article looks to break this deadlock by proposing a tried-and-tested solution: It argues that regulators should task crypto exchanges with providing oversight as self-regulatory organizations of the crypto market in which they play an anchoring role. It offers three supporting …

From Myers To Slaughter: A Brief Theory Of The Constitutionalization Of Secondary Sources, Dana Neacsu, Paul D. Callister

Faculty Works

For more than two centuries, American constitutional adjudication has relied upon secondary sources. Yet constitutional theory has almost entirely ignored them. Originalism debates constitutional text. Living constitutionalism debates constitutional evolution. Theories of precedent debate judicial authority. None asks a more fundamental question: What role do secondary sources play in constitutional adjudication? This Article argues that the answer has fundamentally changed in the last 100 of years. Chief Justice William Howard Taft's opinion in Myers v. United States (1926) marked a constitutional revolution by transforming secondary authorities from explanatory materials into evidence of constitutional continuity. Exactly one century later, Chief Justice …

We Need More Picketts, Heather Elliott

Wyoming Law Review

We live in polarized times. Many people make assumptions about those that they perceive as being on “the other side” of the political spectrum. But C.J. Box’s heroic character, Joe Pickett, does not. He treats everyone he meets as a whole person and is accepting of differences (at least until someone proves to be a bad guy, in which case “things might get western”). Furthermore, Joe takes reasonable and moderate positions on almost every difficulty he faces. That includes the Endangered Species Act, which lies at the heart of the first Joe Pickett book, Open Season.

In this Article, …

Reclaiming Homeowner Wealth: A Conversation With Barry, Fried, And Hatfield, Prentiss Cox

Articles

Homeowners in the United States pay residential real estate brokers commission rates that are about twice as high as the commission charges by brokers in comparable countries. Given the enormous size of the residential home sale market—both in aggregate terms and as a percentage of wealth owned by the average homeowner—this cost discrepancy results in U.S. homeowners transferring tens of billions of dollars each year to brokers that would be saved in a more competitive and fair market. In Et Tu, Agent? Commission-Based Steering in Residential Real Estate (“Et Tu?”), Jordan M. Barry, Will Fried, and John William Hatfield provide …

Implementing Climate Remedies, Camila Bustos

Vanderbilt Law Review

Climate change litigation has emerged as a powerful tool for addressing the climate crisis, particularly in the face of executive and legislative inaction. Across jurisdictions, courts have issued landmark decisions mandating stronger mitigation targets and recognizing rights-based claims against governments and corporations. While recent scholarship has examined the trends, legal theories, and broader effects of this relatively new phenomenon, it has primarily focused on bringing and winning legal challenges. Less attention has been paid to a crucial phase: the implementation and enforcement of judicial rulings. A deeper understanding of how climate remedies are implemented can provide valuable insights for climate …

A Direct Path Should Be Easy To Follow: Reframing The “Direct Effect” Test For Jurisdictional Immunity Under The Foreign Sovereign Immunities Act, Greggory Cashmark

Vanderbilt Law Review

As sovereign nations become more involved in international commercial dealings, it becomes more important to establish a reliable and stable framework for resolving disputes with foreign sovereigns. The FSIA is the result of a long historical trend towards establishing that framework. While the FSIA is a step in the right direction, there are a number of interpretive questions regarding where it places the boundaries of a court's jurisdiction over foreign sovereign activity. While these questions remain open and while courts continue to find reasons to keep them open, they undermine the principal purpose of the FSIA: predictability. There is no …

International Declaration On Gender Apartheid And Its Destructive Consequences, Georges Abi-Saab, Belquis Ahmadi, Hala Alkarib, Waheeda Amien, Penelope Andrews, Zainah Anwar, Marzia Babakarkhail, Cecilia Bailliet, Manizha Bakhtari, Karima Bennoune, Laurence Boisson De Chazournes, Roya Boroumand, Terry Boullata, Charlotte Bunch, Rebecca J. Cook, Roberta Clarke, Radhika Coomaraswamy, Suraya Dalil, Wesahl Domingo, Shirin Ebadi, Yakin Ertük, Alda Facio, Stephanie Farrior, Hannah Garry, James Thuo Gathii, Richard Goldstone, Pablo De Greiff, Mozn Hassan, Yoko Hayashi, Helena Kennedy, Sisi Khampepe, Fawzia Koofi, Viviana Krsticevic, Joanna Lewis, Marina Mahathir, Haanya Malik, Elham Manea, Gay J. Mcdougall, Juan E. Méndez, Davood Moradian, Denis Mukwege, Nadia Murad, Elizabeth Odio Benito, Thandi Orleyn, Mikiko Otani, Tamana Zaryab Paryani, Pragna Patel, Fausto Pocar, Javaid Rehman, Mary Robinson, Kenneth Roth, Albie Sachs, Mariam Safi, Gita Sahgal, Sima Samar, Habiba Sarabi, Fatou Sou, Leigh Toomey, Melanne Verveer, Zarqa Yaftali, Ganna Yudkivska

Other Publications

The Declaration is the result of an 18-month process of global consultation with leading experts, including a series of virtual consultations with women human rights defenders (WHRDs) from Afghanistan in spring 2025 and an in-person convening of United Nations (UN) experts, Afghan and South African WHRDs, civil society representatives, and international law experts at the University of Michigan Law School in September 2025.

This effort builds on the precedent of other experts’ declarations, signed on to by leading international legal and human rights experts, which were very influential in developing a human rights jurisprudence on a range of issues, and …

Expanding Astrobiology: The Case For A Lunar Biorepository, Mary Hagedorn, Lynne R. Parenti, Robert A. Craddock, Pierre Comizzoli, Paula Mabee, Bonnie Meinke, Susan Wolf, John C. Bischof, Rebecca D. Sandlin, Shannon N. Tessier, Mahmet Toner, Baptiste Journaux, Robert Ambrose, Garret Fitzpatrick

Articles

Earth’s resources are essential to support an expanding presence beyond the planet. Yet global conflicts, environmental change, and natural disasters threaten ecosystems and biodiversity, putting the integrity of Earth’s ecosystems and its resources at risk. These converging challenges underscore the urgency to develop innovative strategies to conserve Earth’s biodiversity. Astrobiology—seeking to understand life’s origins, limits, and potential beyond Earth—plays a central role in this effort, helping to preserve Earth’s species while also providing critical assets to explore and work in space. A Lunar Biorepository was proposed to hold cryopreserved samples from among the most critical species on Earth. Here, we …

Does Bidder Complexity Affect Market Reactions To M&A Decisions?, Rajib Chowdhury, John A. Doukas

Finance Faculty Publications

We examine whether and how bidder complexity influences investor reactions to merger and acquisition (M&A) announcements. Using an established measure of complexity, we find a significant positive relationship between acquiring firm complexity and cumulative abnormal returns (CAR). This suggests that investors perceive more complex firms as capable and value-enhancing participants in M&A activities. The association is particularly strong for bidders with high operating risk, greater R&D intensity, and larger firm size. We also find that complex bidders tend to offer higher takeover premiums. Overall, our study contributes to the literature by demonstrating that bidder complexity is an important determinant of …

Whose Month Is It? Stub Rent Under §§ 365(D)(3) And 503(B)(1), Shukhrat Muratov

Bankruptcy Research Library

(Excerpt)

Courts are divided on whether landlords are entitled to immediate payment of this rent obligation under 11 U.S.C. § 365(d)(3) or must seek recovery through administrative expense claims under 11 U.S.C. § 503(b)(1). The majority of circuit courts, including the Third, Sixth, and Seventh Circuits, follow the billing date approach, holding that rent obligations arise when due under the lease, meaning that rent due on the first of the month arises entirely pre-petition if the bankruptcy filing occurs later in the month. Under this approach, landlords are not entitled to prompt payment of stub rent under § 365(d)(3). They …

Dischargeability Of Student Loan Debt In Bankruptcy Cases, Dean Van Noy

Bankruptcy Research Library

(Excerpt)

Student loan debt represents one of the largest categories of consumer debt in the United States. Currently, statistics show that there is $1.8 trillion in outstanding student-loan debt owed by approximately 42.5 – 45.8 million debtors. This statistic can be attributed to the fact that the cost of higher education has increased significantly. Department of Education data shows that average tuition prices have more than doubled at colleges and universities around the country over the last three decades. As a direct consequence of this continuously increasing cost of tuition, many debtors have struggled to pay back their student-loan debt, …

Corporate Structuring, Ip Holding Companies & Bankruptcy, Ava Sheftick

Bankruptcy Research Library

(Excerpt)

There are various ways in which the founders of a company may structure their business. While a key focus of corporate planning is how to maximize revenue and operate efficiently, minimizing the risk associated with financial distress is an equally important consideration. A corporation’s structure is made during a time of stability, but it must account for the ultimate financial distress—bankruptcy. Asset allocation is a critical step in the planning stage of a business enterprise, especially when considering creditors the company is going to take on. Companies’ intellectual property ("IP") may be highly valuable assets that must be considered …

William Bacon Oliver Collection, University Of Alabama School Of Law

Manuscript Collections

The William Bacon Oliver Collection consists of books, papers, memorabilia, and clothing from William Bacon Oliver, United States Representative from Alabama.

H. Thomas Wells, Jr. Aba President (2008-2009) Collection, University Of Alabama School Of Law

Manuscript Collections

The H. Thomas Wells, Jr. ABA President (2008-2009) Collection consists of two cubic feet of correspondence, remarks, and speeches from his time as president of the organization.

To see a digital version of this collection, please visit the H. Thomas Wells, Jr. ABA President (2008-2009) Collection.

Howell Thomas Heflin Collection, University Of Alabama School Of Law

Manuscript Collections

The Howell Thomas Heflin Collection documents Heflin's years as legal reformer and Alabama State Supreme Court Chief Justice, as well as his tenure as United States Senator through press clippings, scrapbooks, speech files, audiotapes, videotapes, press releases and statements, newsletters and various printed materials, photographs, negatives, campaign materials, and memorabilia.

Frank Minis Johnson, Jr. Collection, University Of Alabama School Of Law

Manuscript Collections

The Frank Minis Johnson, Jr. Collection consists of correspondence, scrapbooks, audiotapes, and videotapes from Judge Johnson's career. Johnson served the on United States District Court for the Middle District of Alabama, United States Court of Appeals for the Fifth Circuit, and United States Court of Appeals for the Eleventh Circuit.

Alabama School Of Law Scrapbook Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama School of Law Scrapbook Collection contains scrapbooks pertaining to The University of Alabama Law School. The collection contains newspaper clippings and photos concerning the Law School, students, and faculty, and staff.

Civil Rights Era Newspaper Collection, University Of Alabama School Of Law

Manuscript Collections

The Civil Rights Era Newspaper Collection consists of newspapers from The Birmingham Post-Herald, The Birmingham News, The Crimson White, The Atlanta Constitution, The Atlanta Journal, and The Tuscaloosa News.

Vernon Nathaniel Hansford Collection, University Of Alabama School Of Law

Manuscript Collections

The Vernon Nathaniel Hansford Collection is comprised of various articles, letters, news clippings, and plaques that commemorate Hansford's achievements as a respected author, faculty member, and administrator.

Minutes Of The Farrah Order Of Jurisprudence Notebook, University Of Alabama School Of Law

Manuscript Collections

This 58-page, typewritten notebook contains minutes of the Farrah Order of Jurisprudence of the University of Alabama, the law school's academic honor society (1937-1969). The notebook mostly contains the names of new members inducted at each meeting, as well as general housekeeping matters.

Cecil Maxwell Deason Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains personal papers and photographs from Alabama state trial court judge and assistant solicitor Cecil Maxwell Deason from his times serving in the Pacific theatre of WWII, on the bench in Jefferson county, and in the solicitor's office.

John D. Saxon Collection, University Of Alabama School Of Law

Manuscript Collections

The John D. Saxon Collection consists of documents and newspapers collected and used by attorney John D. Saxon during his time on the Associate Council Committee of the Iran-Contra Committee.

John Patterson Papers, University Of Alabama School Of Law

Manuscript Collections

The John Patterson Papers consist of documents from Governor Patterson. The collection is comprised of materials from the Commission for Judicial Reform, including pamphlets, miscellaneous materials, letters, handwritten notes, and newspaper clippings.

Kenneth Allison Roberts Collection, University Of Alabama School Of Law

Manuscript Collections

The Kenneth Allison Roberts Collection consists of documents, manuscripts, diaries, photographs, and artifacts deposited with the Bounds Law Library by the family of Congressman Roberts.