Digital Commons Network^™

For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo

Faculty Scholarship

No abstract provided.

Lgbt Rights And The Mini-Rfra: A Return To Separate But Equal, Terri R. Day, Danielle Weatherby

Faculty Scholarship

No abstract provided.

Pulse: Finding The Meaning In A Massacre Through Gay Latino Intersectional Justice, Judith E. Koons

Faculty Scholarship

No abstract provided.

Non-Contentious Jurisdiction And Consent Decrees, Michael T. Morley

Faculty Scholarship

No abstract provided.

Contingent Constitutionality, Legislative Facts, And Campaign Finance, Michael T. Morley

Faculty Scholarship

No abstract provided.

The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites

Faculty Scholarship

No abstract provided.

Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Fair Use And The New Transformative, Brian Sites

Faculty Scholarship

No abstract provided.

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.

A Tale Of Two Continents: Environmental Management-Based Regulation In The European Union And The United States, Rachel E. Deming

Faculty Scholarship

No abstract provided.

Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Sleuthing Scientific Evidence Information On The Internet, Diana Botluk

Faculty Scholarship

No abstract provided.

Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley

Faculty Scholarship

No abstract provided.

From Simple Statements To Heartbreaking Photographs And Videos: An Interdisciplinary Examination Of Victim Impact Evidence In Criminal Cases, Mitchell J. Frank

Faculty Scholarship

No abstract provided.

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Faculty Scholarship

No abstract provided.

Major Questions About The "Major Questions" Doctrine, Kevin O. Leske

Faculty Scholarship

No abstract provided.

Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley

Faculty Scholarship

No abstract provided.

Closing A Parol Evidence Rule Loophole: The Consideration Exception And The Preexisting Duty Rule, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

When Lightning Strikes: Hadley V. Baxendale's Probability Standard Applied To Long-Shot Contracts, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases, Michael T. Morley

Faculty Scholarship

No abstract provided.

Uncovering And Deconstructing The Binary: Teaching (And Learning) Critical Reflection In Clinic And Beyond, Carolyn Grose

Faculty Scholarship

For me as a clinical teacher, the stalemate that so often emerges in our ongoing national conversations about things like abortion and gun control has provided new ways to think about the value of clinical teaching methodologies. The contours and contexts of the debates around abortion and gun control shift from year to year - when I started writing this, Sandy Hook and "legitimate rape" were fresh on everyone's minds. Today, we mourn Michael Brown and the massacre in Charleston, and we rail against Hobby Lobby. Despite the shifting characters, however, these debates remain a constant presence in our national …

Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …

From Edward To Eric Garner And Beyond, Nancy C. Marcus

Faculty Scholarship

The year-long period of police killings of unarmed black civilians across the United States between July 2014-15 has been the subject of broad condemnation and discourse, including in the author’s previous police reform article titled Out of Breath and Down to the Wire: A Call for Constitution-Focused Police Reform (59 Howard L.J. 5 (2015)).

In the year following Professor Marcus’s Howard Law Journal police reform article, Marcus continued to track police reform efforts that transpired in the aftermath of the 2014-15 killings. This article, From Edward to Eric Garner and Beyond: The Importance of Constitutional Limitations on Lethal Use of …

Too Vast To Succeed,, Miriam H. Baer

Faculty Scholarship

Brandon Garrett’s book, Too Big to Jail: How Prosecutors Compromise with Corporations, serves as a stinging indictment of the ways in which deferred prosecution agreements, the federal government’s preferred way for dealing with publicly-held corporate offenders, fail multiple tests of good governance. As Garrett argues, they arise out of an opaque process and over the long run, they may be falling short of securing meaningful compliance among corporate offenders and similarly situated organizations.

To cure this problem, Garrett proposes a straightforward but far-reaching restructuring of corporate criminal practice: prosecutors should presumptively indict corporate offenders, and judges should intervene in corporate …

Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer

Faculty Scholarship

This Response addresses Jenia Turner and Alison Redlich’s comparative analysis of criminal discovery practices in two neighboring states, Virginia and North Carolina. Whereas Virginia adheres to the traditional, category-driven approach, North Carolina requires its prosecutors to disclose the contents of their “file,” with some notable exceptions.

Open-file discovery has quickly become a fertile source of debate among scholars and practitioners. Turner and Redlich have devised a valuable survey to test theoretical claims commonly asserted by open-file discovery’s opponents and supporters. Unsurprisingly, the authors find that disclosure is generally broader in North Carolina (an open-file state) than in Virginia. More notable …

Patent "Trolls" And Claim Construction, Greg Reilly

Faculty Scholarship

This Essay explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”), finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit is deeply divided as to the proper approach to claim construction. This split is a significant contributor to uncertain patent scope, which is widely-recognized as a core reason for the rise and success of patent assertion entities. Second, case law and commentary increasingly endorse an approach to claim construction that relies on the “general meaning” in the technical field with limited reliance on the patent itself. This approach increases …

Considering Consequences: Autonomy’S Missing Half, Catherine A. Hardee

Faculty Scholarship

In a subtle but discernible trend, courts, commentators, and policymakers increasingly use autonomy-based justifications to support expanding economic rights. Their use of autonomy, however, is inconsistent with the concept of traditional liberal autonomy that proponents of economic rights embrace. This is because many, if not most, economic choices have some measure of consequences ameliorated by state action.

This Article exposes the conceptual incoherence of this approach and argues that these autonomy-based arguments are invalid when they fail to acknowledge the vital role consequences play in constituting liberal autonomy. It also demonstrates that the failure to account for consequences in determining …

Cross-Deductions In The Net Investment Income Tax Imposed On A Trust Or Estate With Separate Shares, Michael T. Yu

Faculty Scholarship

Part I of this article first provides a general overview of §§ 1411 and 663(c) and the interaction between them and the respective regulations thereunder and then proposes a revised regulation to clarify the relationship between and among the two sections and their regulations. Part II discusses the possibility of certain cross-deductions under § 1411, in conjunction with §§ 661, 662, and 663(c). Finally, Part III presents and discusses a proposed calculation and allocation, to the separate shares of a trust or estate, of income and deduction items entering into the computation of NII and DNI of the trust or …

Contours Of Gmo Regulation And Labeling, Joanna K. Sax

Faculty Scholarship

No abstract provided.