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There Oughta Be A Law: What Corporate Social Responsibility Can Trach Us About Consumer Contract Formation, Colin P. Marks
There Oughta Be A Law: What Corporate Social Responsibility Can Trach Us About Consumer Contract Formation, Colin P. Marks
Faculty Articles
The Restatement of Consumer Contracts has been a controversial project since its inception. Some have argued that the project is unnecessary as there is no separate law of consumer contracts. Others have argued that the project is more appropriate for a Principles of Law project than for a Restatement. Substantively, the project has also drawn criticism from both consumer and business advocates. Consumer advocates have argued that some of the sections, in particular section 2 which addresses standard terms, favor businesses and subject consumers to terms and conditions that they never truly assented to.9 Business advocates have argued, among other …
Public Rights After Oil States Energy, Adam J. Macleod
Public Rights After Oil States Energy, Adam J. Macleod
Faculty Articles
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical jurisprudence, this Article distinguishes the three concepts and examines how each of them is at work in patent law. A precise reading of Oil States also bears lessons for other areas of law that implicate both private rights and duties and the administration of public regulatory …
Vedanta Resources Plc And Another V. Lungowe And Others, Tara Van Ho
Vedanta Resources Plc And Another V. Lungowe And Others, Tara Van Ho
Faculty Articles
In Vedanta v. Lungowe, the United Kingdom Supreme Court determined that civil claims for negligence brought by Zambian claimants against an English parent company (Vedanta) and its Zambian subsidiary (Konkola Copper Mines plc (KCM)) for damages experienced in Zambia can proceed in English courts. While framed as a domestic tort law case, the decision is significant for international efforts aimed at holding businesses accountable for their "negative impacts" on human rights.' Writing for a unanimous Court, Lord Briggs's judgment hinged narrowly on the right of victims to access substantial justice. More broadly, Lord Briggs suggested that parent companies that hold …
Migration Through The Mirror: Mexican Women’S Perspectives Of What It Means For Them When Mexicans Move North: A Binational Conversation (Book), Roberto Rosas
Faculty Articles
The content of the themes discussed during the binational conversation, “Mexican Women, their empowerment and contribution to the United States,” led to the publication of this book by the members of the Center for Mexicans in Globalization and St. Mary’s University School of Law. The binational conversation is an important exercise regarding the analysis of the theme of migration. The goal is to highlight the fundamental role of each woman who participated, whose involvement regarding the diverse themes and the sharing of personal experiences contributes to the enrichment of the subject.
The Location Of Holographic Wills, Mark Glover, Kevin Bennardo
The Location Of Holographic Wills, Mark Glover, Kevin Bennardo
Faculty Articles
North Carolina should abolish its location requirement for making a holographic will Under the North Carolina holographic wills statute a handwritten document must be found in an approved location after its author's death in order to be regarded as a holographic will No other state has mandated a location requirement for holographic wills since 1941brbrThe location requirement furthers neither of the core functions of will execution formalities it makes probate courts' decisions less efficient but no more accurate And because holographic wills in North Carolina are not technically executed until they are found postmortem confounding doctrinal issues arise when testators …
Confronting The Twenty-First-Century Marian Examination, Lauren Mclane
Confronting The Twenty-First-Century Marian Examination, Lauren Mclane
Faculty Articles
Today forensic evidence has increasingly become a key and powerful witness against the accused in criminal trials In the Sixth Amendment Confrontation Clause our Framers meant to create a safeguard that would forever test the reliability of evidence introduced against a defendant As Justice Scalia reminded us in Crawford v Washington ÔÇ£To be sure the Clause's ultimate goal is to ensure reliability of evidence but it is a procedural rather than a substantive guarantee It commands not that evidence be reliable but that reliability be assessed in a particular manner by testing in the crucible of crossexaminationÔÇØ Nonetheless courts across …
Identification And Characterization Of Preferred Dna-Binding Sites For The Thermus Thermophilus Hb8 Transcriptional Regulator Ttha0973, James Shell Cox, Kristi Moncja, Mykala Mckinnes, Michael W. Van Dyke
Identification And Characterization Of Preferred Dna-Binding Sites For The Thermus Thermophilus Hb8 Transcriptional Regulator Ttha0973, James Shell Cox, Kristi Moncja, Mykala Mckinnes, Michael W. Van Dyke
Faculty Articles
Advances in genomic sequencing have allowed the identification of a multitude of genes encoding putative transcriptional regulatory proteins. Lacking, often, is a fuller understanding of the biological roles played by these proteins, the genes they regulate or regulon. Conventionally this is achieved through a genetic approach involving putative transcription factor gene manipulation and observations of changes in an organism’s transcriptome. However, such an approach is not always feasible or can yield misleading findings. Here, we describe a biochemistry-centric approach, involving identification of preferred DNA-binding sequences for the Thermus thermophilus HB8 transcriptional repressor TTHA0973 using the selection method Restriction Endonuclease Protection, …
The Word That Cannot Be Spoken: Notes From The Jurisprudential Underground, Stephen Matthew Feldman
The Word That Cannot Be Spoken: Notes From The Jurisprudential Underground, Stephen Matthew Feldman
Faculty Articles
American Law Journals have banished a word postmodern In rendering this word taboo legal scholars delegitimize a useful interpretive tool and in failing to address useful criticism undermine their own arguments This article examines postmodernism in interpretive contexts the endurance of postmodernist thought in all but name and some reasons why postmodernism has become taboo
#Notme: A Commonwealth For Mankind, Deirdre M. Bowen
#Notme: A Commonwealth For Mankind, Deirdre M. Bowen
Faculty Articles
No abstract provided.
The Trump Travel Ban: Rhetoric Vs Reality, Jeffrey F. Addicott
The Trump Travel Ban: Rhetoric Vs Reality, Jeffrey F. Addicott
Faculty Articles
President Trump's "Muslim ban" set the nation afire with debate. Opponents to the ban were motivated by the President's underlying motivations. Three iterations of the travel ban were struck down by lower courts. Before the Supreme Court, however, the travel ban was upheld. First, the plain language of § 1182(f) granted broad discretion to the President. Second, it did not violate the prohibition of discrimination against selected categories in § 1152(a)(1)(A). Finally, it failed to violate the Establishment Clause because it is facially legitimate, satisfying rational basis review. The Court found no facial evidence demonstrating discriminatory bias.
Broken Platforms, Broken Communities? Free Speech On Campus, Stephen Matthew Feldman
Broken Platforms, Broken Communities? Free Speech On Campus, Stephen Matthew Feldman
Faculty Articles
Free speech disputes have broken out on numerous college and university campuses In several incidents protesters have attempted to block the presentations of wellknown and controversial speakers who threaten the communal status of societal outsiders These events have sparked not only widespread media coverage but also the publication of multiple scholarly books and articles None of this scholarship however has recognized that the interrelated histories of free expression and democracy can shed considerable light on these matters This Article takes on that challenge Specifically this Article explores the ramifications of the historical interrelationship between free expression and democracy for campus …
The Politics Of The Law-Politics Dichotomy, Stephen Matthew Feldman
The Politics Of The Law-Politics Dichotomy, Stephen Matthew Feldman
Faculty Articles
Throughout American history judges and legal scholars have articulated and maintained a sharp separation between law and politics This essay asks the question Why do so many judges and scholars devote so much time and energy to bolstering this lawpolitics dichotomy Using William Baude and Stephen E Sachss recent article The Law of Interpretation as a Springboard this essay explores the history and political valence of the dichotomy From Baude and Sachs perspective politics is like a disease if it infects legal interpretation then it threatens the health of the judicial process But the history of the lawpolitics dichotomy reveals …
Having Your Cake And Eating It Too? Religious Freedom And Lgbtq Rights, Stephen Matthew Feldman
Having Your Cake And Eating It Too? Religious Freedom And Lgbtq Rights, Stephen Matthew Feldman
Faculty Articles
In Obergefell v Hodges Justice Anthony Kennedy wrote for a majority holding that samesex couples enjoy a constitutional right to marry as part of substantive due process Yet in Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission his majority opinion held that the Free exercise Clause invalidated government sanctioning of a baker who had refused to bake a cake for a samesex couples wedding reception In both cases the Court reasoned that the government must maintain neutrality when confronted with competing viewpoints The Masteriece Cakeshop Court concluded the state Civil Rights Commission had violated this requirement by impugning the bakers …
Unsettling Immigration Laws: Settler Colonialism And The U.S. Immigration Legal System, Monika Batra Kashyap
Unsettling Immigration Laws: Settler Colonialism And The U.S. Immigration Legal System, Monika Batra Kashyap
Faculty Articles
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called "settler colonialism," which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration laws continue to be used to oppress, exclude, subordinate, racialize, and dehumanize, this Article seeks to broaden the understanding of the U.S. immigration system using a settler colonialism lens. The Article analyzes contemporary U.S. immigration laws and policies such as the National Security Entry-Exit Registration System (NSEERS) and Trump's …
The Sub-Eddington Boundary For The Quasar Mass–Luminosity Plane: A Theoretical Perspective, David Garofalo, Damian J. Christian, Andrew M. Jones
The Sub-Eddington Boundary For The Quasar Mass–Luminosity Plane: A Theoretical Perspective, David Garofalo, Damian J. Christian, Andrew M. Jones
Faculty Articles
By exploring more than sixty thousand quasars from the Sloan Digital Sky Survey Data Release 5, Steinhardt & Elvis discovered a sub-Eddington boundary and a redshift-dependent drop-off at higher black hole mass, possible clues to the growth history of massive black holes. Our contribution to this special issue of Universe amounts to an application of a model for black hole accretion and jet formation to these observations. For illustrativepurposes,we include~100,000 data points from the Sloan Digital Sky Survey Data Release 7 where the sub-Eddington boundary is also visible andpropose a theoretical picture that explains these features. By appealing to thin …
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Faculty Articles
For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …
Agreement Between The Open Barbell And Tendo Linear Position Transducers For Monitoring Barbell Velocity During Resistance Exercise, Adam M. Gonzalez, Gerald T. Mangine, Robert W. Spitz, Jamie J. Ghigiarelli
Agreement Between The Open Barbell And Tendo Linear Position Transducers For Monitoring Barbell Velocity During Resistance Exercise, Adam M. Gonzalez, Gerald T. Mangine, Robert W. Spitz, Jamie J. Ghigiarelli
Faculty Articles
To determine the agreement between the Open Barbell (OB) and Tendo weightlifting analyzer (TWA) for measuring barbell velocity, eleven men (19.4 ± 1.0 y) performed one set of 2–3 repetitions at four sub-maximal percentage loads, [i.e., 30, 50, 70, and 90% one-repetition maximum (1RM)] in the back (BS) and front squat (FS) exercises. During each repetition, peak and mean barbell velocity were recorded by OB and TWA devices, and the average of the 2–3 repetitions was used for analyses. Although the repeated measures analysis of variance revealed significantly (p ≤ 0.005) greater peak and mean velocity scores from OB across …
Boilerplate In Pour-Over Wills, Mark Glover
Boilerplate In Pour-Over Wills, Mark Glover
Faculty Articles
In their intriguing and innovative article Boilerplate and Default Rules in Wills Law An Empirical Analysis 103 Iowa L Rev 663 2018 Professors Reid Kress Weisbord and David Horton conduct an empirical examination of the use of boilerplate provisions in wills This response essay explores the consequences of their decision to exclude pourover wills from their data set
Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges, Jeffrey F. Addicott
Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges, Jeffrey F. Addicott
Faculty Articles
One of the factors that is often cited as a key reason why President Donald J. Trump was elected as the forty-fifth president, was his pledge to the American people to "make America great again" by appointing "conservative judges" to the bench, particularly when it came to filling any vacancies that might open on the United States Supreme Court. Since the never ending fight for securing an ideological majority on the Supreme Court is always viewed with great concern by both political parties, many wondered whether then candidate Trump was simply telling potential voters what they wanted to hear, or …
Of Dress And Redress: Student Dress Restrictions In Constitutional Law And Culture, Deborah Ahrens, Andrew Siegel
Of Dress And Redress: Student Dress Restrictions In Constitutional Law And Culture, Deborah Ahrens, Andrew Siegel
Faculty Articles
Over the last twenty years, a substantial and increasing percentage of public school students have been required to wear school uniforms or adhere to strict dress codes. They have done so in a cultural and legal landscape that assumes such restrictions pose few—if any—constitutional problems. As this Article argues, however, this landscape is relatively new; as recently as forty years ago, the legal and cultural assumptions about student dress codes were completely reversed, with the majority of educators and commentators assuming that our constitutional commitments to equality, autonomy, and free expression preclude strict student dress restrictions. This Article explores the …
A Lesson In Civility, David A. Grenardo
A Lesson In Civility, David A. Grenardo
Faculty Articles
The inherent importance of civility in the legal profession necessitates teaching civility by law schools. This Article demonstrates how civility applies to advocacy and the practice of law, the efficiency of our justice system, lawyer well-being, obtaining a job and professional identity formation, and public confidence in the legal system. The Article can assist courts, attorneys, and professors in understanding civility and its significance. Most critically, this Article provides a turnkey lesson plan for law schools on civility that professors can employ in a variety of classes including, among others, Professional Responsibility, Civil Procedure, and Constitutional Law. Teaching law students …
Contracting For Sustainable Surface Management, Tara Kathleen Righetti
Contracting For Sustainable Surface Management, Tara Kathleen Righetti
Faculty Articles
Oil and gas development is highly regulated Operators must comply with state and federal environmental laws to protect clean water endangered species and historical and cultural resources State conservation laws regulate well spacing setbacks from lease lines and occupied structures permitting requirements and operational rules whereas local rules may impose additional restrictions Operations on federal lands are subject to the requirements of the National Environmental Policy Act onshore orders governing surface use and rules for waste prevention and hydraulic fracturing These public governance mechanisms materially influence surface use mitigation and reclamation and have greatly reduced the environmental impacts of hydrocarbon …
Rules To Impeach By - What It Takes To Remove A President, David Dittfurth
Rules To Impeach By - What It Takes To Remove A President, David Dittfurth
Faculty Articles
Professor David Dittfurth explains the steps that must be taken by Congress to impeach a president or other official.
Siting Carbon Dioxide Pipelines, Tara Kathleen Righetti
Siting Carbon Dioxide Pipelines, Tara Kathleen Righetti
Faculty Articles
More than 5000 miles of highpressure pipelines carrying carbon dioxide ÔÇ£CO2ÔÇØ traverse the western and southern United States primarily connecting natural and anthropogenic sources of CO2 sources to mature oilfields for CO2 enhanced oil recovery ÔÇ£CO2EORÔÇØ The precise route of the pipelines may be impacted by a variety of factors under both state and federal law Like oil pipelines and electric transmission lines developers of CO2 pipelines site infrastructure according to state law Accordingly state law determines whether and under which circumstances CO2 pipelines may utilize eminent domain authority to acquire property along the pipeline route States principally provide pipelines …
Fr0 Radio Galaxies And Their Place In The Radio Morphology Classification, David Garofalo, Chandra B. Singh
Fr0 Radio Galaxies And Their Place In The Radio Morphology Classification, David Garofalo, Chandra B. Singh
Faculty Articles
So-called FR0 radio galaxies have recently emerged as a family of active galaxies with all the same properties as FRI radio galaxies except for their ratio of core to total emission, which is about 30 times higher than that of FRI sources. We show how their properties fit within the gap paradigm as low, prograde, spinning black holes whose progenitors are powerful FRII quasars that transitioned rapidly from the cold mode into advection-dominated accretion over a few million years. The prediction is that if sufficient fuel exists, FR0 radio galaxies will evolve into full-fledged FRI radio galaxies and the observational …
Of Metaphors And Magic Wands: Are Corporations Really People?, Kenneth D. Chestek
Of Metaphors And Magic Wands: Are Corporations Really People?, Kenneth D. Chestek
Faculty Articles
The metaphor that corporations are people has been around for at least 150 years While the metaphor that money is speech is more recent both metaphors conceal some basic problems Yet both metaphors are implicitly used in Supreme Court jurisprudence most infamously in the 2010 Citizens United decisionbrbrThis paper challenges both metaphors and suggests new ones corporations are tools and money is a megaphone If we use those metaphors to think about the corrupting influence of money in our political system perhaps we could get to more sensible decisionsbrbrThe paper ends with a survey of current efforts around the country …
Income Disparity, Gender Equality, And Free Expression, Sylvia A. Law
Income Disparity, Gender Equality, And Free Expression, Sylvia A. Law
Faculty Articles
These remarks were delivered in conjunction with the Symposium entitled Gender Equality and the First Amendment, hosted by the Fordham Law Review on November 1–2, 2018, at Fordham University School of Law.
Three Lessons For Criminal Law Reformers From Locking Up Our Own, Rachel E. Barkow
Three Lessons For Criminal Law Reformers From Locking Up Our Own, Rachel E. Barkow
Faculty Articles
James Forman Jr.’s Locking Up Our Own is that rare nonfiction work that is a page turner even when you know the ending. That is the product of exceptional writing, meticulous historical research, and the deep empathy of the author that gives the book its voice throughout. That is why it was both a worthy recipient the Pulitzer Prize and a feature on The Daily Show with Trevor Noah. It is as insightful as it is entertaining, and if you do not already own a copy, you should. In my commentary, I want to highlight three key arguments from Forman’s …
Testing For Trademark Dilution In Court And The Lab, Barton C. Beebe, Roy Germano, Christopher J. Sprigman, Joel H. Steckel
Testing For Trademark Dilution In Court And The Lab, Barton C. Beebe, Roy Germano, Christopher J. Sprigman, Joel H. Steckel
Faculty Articles
Federal courts are currently split, even within particular districts, on the basic question of what a plaintiff must show to establish that a defendant’s conduct constitutes trademark dilution by blurring. Federal trademark law defines “dilution by blurring” as “association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark.” In construing this statutory language, a majority of courts have held that to establish blurring, a plaintiff need only show that consumers associate the defendant’s mark with the plaintiff’s famous mark. These courts appear to assume that to the …
One Is The Loneliest Number: The Complicated Legacy Of Obergefell V. Hodges, Melissa Murray
One Is The Loneliest Number: The Complicated Legacy Of Obergefell V. Hodges, Melissa Murray
Faculty Articles
This Essay considers a Kennedy opinion that has been mentioned multiple times in the course of this symposium, Obergefell v. Hodges. Let me state at the outset that I have perhaps unorthodox views of Obergefell. Although it has been rightly heralded as one of the most important decisions of the last twenty years, in my view, it is also one of the most challenging. To be very clear, I fully support same-sex marriage and I appreciate that Obergefell extended the right to marry to include same-sex couples. But if winning cases is important, it is surely as important to win …