Digital Commons Network^™

Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

Bad Actors: Authenticity, Inauthenticity, Speech, And Capitalism, Sarah Haan

Faculty Scholarship

No abstract provided.

Covid-19 Mutual Aid, Anti-Authoritarian Activism, And The Law, Michael Haber

Faculty Scholarship

No abstract provided.

The Supreme Court And The 117th Congress, Andrew K. Jennings, Athul K. Acharya

Faculty Scholarship

No abstract provided.

“Judicial Role” And Judicial Duty In Foreign Affairs, Ryan Williams

Faculty Scholarship

No abstract provided.

There’S Feminism In These Judgments, Anita Bernstein

Faculty Scholarship

No abstract provided.

Bringing Relevance Back To Consumer Bankruptcy, Nathalie Martin

Faculty Scholarship

The Seventeenth Annual Emory Bankruptcy Developments Journal Symposium

This Paper presumes that readers want to make bankruptcy more useful for consumers and for society as a whole. If this is true, we need to ask two questions: first, what do individual consumers hope to get out of the system, and second, what does society hope to get out of the system?

Part I of this Paper discusses the increase in debt over the last two decades, the growing wage and income gap, growing debt inequality and race, and the fall of the CFPB, all justifications for using the bankruptcy system …

Remaking Environmental Justice, Clifford Villa

Faculty Scholarship

From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other dimensions of diversity. New and continuing challenges tell us that we need to reframe our understanding of environmental justice to ensure better protection for people going forward. One way to reframe this understanding may be to apply the heuristic of vulnerability analysis as proposed by legal theorist Martha …

Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer

Faculty Scholarship

Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort of trespass …

Developing Youth Voices, Maryam Ahranjani

Faculty Scholarship

Discusses the Marshall-Brennan Constitutional Literacy Project, and its role in inspiring students to speak up about the things that are important to them. Students learn how the Constitution works by reading cases, and developing critical thinking and oral advocacy skills with relatable mentors.

For more information visit:

https://www.wcl.american.edu/impact/initiatives-programs/marshallbrennan/20th-anniversary/

The Great American Health Care System And The Dire Need For Change: Stark Law Reform As A Path To A Vital Future Of Value-Based Care, Marilyn Uzdavines

Faculty Scholarship

No abstract provided.

Cruzan’S Legacy In Autonomy, Kathy Cerminara

Faculty Scholarship

No abstract provided.

Today’S Crusades: A Therapeutic Jurisprudential Critique Of Faith-Based Civil Rights In Health Care, Kathy Cerminara

Faculty Scholarship

No abstract provided.

A Genetic Surveillance State: Are We One Buccal Swab Away From A Total Loss Of Genetic Privacy?, Catherine Arcabascio

Faculty Scholarship

No abstract provided.

Advancing Technology And The Changing Conception Of Human Rights, Olympia Duhart

Faculty Scholarship

No abstract provided.

Hassle Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane Cross

Faculty Scholarship

No abstract provided.

Abram I. Elkus: The New York Yankees’ First Lawyer, Robert Jarvis

Faculty Scholarship

No abstract provided.

Judges And Gambling, Robert Jarvis

Faculty Scholarship

No abstract provided.

Florida Constitutional Law In A Nutshell, Robert Jarvis

Faculty Scholarship

No abstract provided.

Law School As A Consumer Product: Beat ‘Em Or Join ‘Em?, Debra Vollweiler

Faculty Scholarship

No abstract provided.

Law Students And Cell Phone Use: Results Of A Six-School Survey, Robert Jarvis

Faculty Scholarship

No abstract provided.

If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra Vollweiler

Faculty Scholarship

No abstract provided.

So Goes The Nation: The Constitution, The Compact, And What The American West Can Tell Us About How We'll Choose The President In 2020 And Beyond, Wilfred Codrington Iii

Faculty Scholarship

No abstract provided.

Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp

Faculty Scholarship

No abstract provided.

The Precarious Position Of The Fourth Estate In Trumptopia: The Role Of Popular Culture And The Law In Protecting Media Freedom, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross

Faculty Scholarship

No abstract provided.

Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus

Faculty Scholarship

How can it be that in the era in which almost one million Americans are on sex offender registries—most of whom are publicly stigmatized on websites, banished from their homes, shunned from their jobs, prevented from uniting with their families and traveling internationally, forced into homelessness, all of which increases their risk for suicide, and shames their spouses and children, even if their offenses occurred long in the past—that the #MeToo movement would explode, revealing widespread sexual misconduct against women, by powerful men, protected by iconic institutions? How can we have had three decades of the most aggressive, “spare-no-expense” laws …

Trade Secrets And The Right To Information: A Comparative Analysis Of E.U. And U.S. Approaches To Freedom Of Expression And Whistleblowing, Sharon Sandeen, Ulla-Maija Mylly

Faculty Scholarship

Both the EU Trade Secrets Directive and US trade secret law seek to balance the protection of trade secrets against other values, including freedom of expression, but the EU Trade Secret Directive is more explicit about the need to do so. This article examines EU and US trade secret law through the right to information, a recognized human right under the Universal Declaration of Human Rights and implementing laws and conventions. In particular, it discusses how principles of freedom of expression and whistleblowing should apply in the trade secret context in the EU and U.S.

"Spain For The Spaniards": An Examination Of The Plunder & Polemic Restitution Of The Salamanca Papers, Emily T. Behzadi

Faculty Scholarship

Throughout the Spanish Civil War, General Francisco Franco assembled numerous task forces to seize thousands of documents, photographs, prints, and artworks from private citizens and institutions that were politically adverse to his totalitarian regime. The majority of these so-called “Salamanca Papers” were taken from Catalonia, an autonomous community with a particularly contentious history with the Spanish government. Under existing principles of Spanish and international law, it is difficult to determine whether the Spanish State or Catalonia are the bona fide owners of this historical archive. The case over the ownership of the Salamanca Papers is one rarely discussed outside of …