Digital Commons Network^™

Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack

Articles

Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the “opt-out” mom, many more mothers are squeezed out of the external workplace. But mothers that try to return to work may discover that it is difficult to do so, as employers have been shown to be less likely to hire mothers than others. A mother that does reenter may find that even short periods out of work cost (sometimes far) …

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

Articles

While a zombie is the undead and has no expiration, patents do. A patent comes into existence the moment the government, through the United States Patent and Trademark Office (USPTO), examines the invention application and issues a grant of patent. From that birth, a patent will have a lifetime of only twenty years from the date of filing the application. Patents expire and have no life after the twenty-year period.

Some patents die when the patentees abandon them by not paying maintenance fees. Dead patents must remain dead and become part of the public domain. Unfortunately, this Essay observes that …

Backdating Marriage, Peter Nicolas

Articles

Many same-sex couples have been in committed relationships for years, even decades. Yet until 2004 no same-sex couples in the United States had the right to marry in any state and until the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges the right was unavailable to same-sex couples nationwide. Due to this longstanding denial of the right to marry, most same-sex relationships appear artificially short when measured solely by reference to the couple's civil marriage date.

This circumstance has important legal consequences for many same-sex couples, as a number of rights associated with marriage are tied not merely to …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Articles

A movement toward police regulation by recording is sweeping the nation. Responding to calls for accountability, transparency and better evidence, departments have rapidly adopted body cameras. Recording policies require the police to record more law enforcement encounters than ever before. But what happens if officers do not record? This is an important, growing area of controversy. Based on the collection and coding of police department body camera policies, this Article reveals widespread detection and enforcement gaps regarding failures to record as required. More than half of the major-city departments in the sample have no provisions specifying consequences for not recording …

Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth

Articles

No abstract provided.

The Worst System Of Citation Except For All The Others, David J.S. Ziff

Articles

Now in its twentieth edition, The Bluebook continues to cast its shadow over the legal profession just as it has for almost 100 years, helping legal writers format their references to authorities in briefs, memoranda, opinions, and law review articles. Previous critiques have offered various theories for why, despite its problems, The Bluebook remains the standard for legal citation. Ivy League elitism, the first-mover advantage, and lawyers’ conservative preference for the status quo have all been offered to explain the seemingly inexplicable: If this system is so terrible, then why are we still stuck with it?

One potential answer to …

Astroturf Activism, Melissa J. Durkee

Articles

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

Judging Congressional Elections, Lisa Marshall Manheim

Articles

This Article reveals what passes as federal constitutional law in this area: a chaotic set of ad hoc, state-based interpretations that vary drastically by jurisdiction. Some states, for example, have interpreted Article I, Section 5 to permit courts to adjudicate congressional election contests. Others have concluded the opposite. Through such conflicting interpretations, state courts have contributed to a deep, intractable split on the provision's meaning and reach.

State legislatures have compounded the discord by enacting statutes that codify their interpretations, a move that renders their constitutional determinations practically unreviewable. Meanwhile, both Houses of Congress continue to adjudicate these congressional election …

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

Articles

Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

Articles

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

Creating Intentional Paths To Citizenship: An Analysis Of Participation In Student Organizations, Julianne Gassman, Jennifer M. Beck, Jonathan Klein

Faculty Publications

This study examines undergraduate students’ that graduated from a Midwestern university in May 2013 through December 2015 and their perception of their development of core competencies identified by Bok (2006), related to their participation in student organizations. The results indicated that students who participate in student organizations are significantly more likely to develop citizenship and other related skills and abilities. Furthermore, their degree of involvement, measured by the number of organizations they participate in, their level of involvement and the role students have within the organization can impact their development of competencies.

Dedication To Judge Kathleen F. Trandahl, South Dakota Law Review

South Dakota Law Review

No abstract provided.

A Bone To Pick: Applying A Best Interest Of The Family Standard In Pet Custody Disputes, L. Morgan Eason

South Dakota Law Review

No abstract provided.

Dedication To Dean And Professor Emeritus Barry Vickrey, Barry Vickrey, David E. Gilbertson, Susan Sabers, Eric C. Schulte, Christine Hutton

South Dakota Law Review

No abstract provided.

Excessive Force Cases And Incidents Of Deadly Police Force Ignite Possibilities For Change In Eighth Circuit Sec. 1983 Law, Shad E. Christman

South Dakota Law Review

No abstract provided.

Lessons Learned: The Pea Ridge School District's Discrimination Against Students With Hiv/Aids Has Rekindled Difficult Issues, Nicole Oelrich Tupman, Barbara C. Gartin, Nikki L. Murdick

South Dakota Law Review

No abstract provided.

Be Neurotic And Evolve Into Your Special Calling, Roger M. Baron

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

South Dakota's Public Trust Doctrine: Conserving Natural Resources In The Twenty-First Century, John H. Davidson

South Dakota Law Review

No abstract provided.

The Trilogy And Beyond, Perry L. Moriearty

South Dakota Law Review

No abstract provided.

South Dakota's Data-Driven, Evidences-Based Juvenile Justice Reform, Wendy Hess, Emily Verhine

South Dakota Law Review

No abstract provided.

Juridogenic Harm And Adverse Childhood Experiences, Autumn R. Ascano, Joseph A. Meader

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

A Campaign Approach To Challenging The Prosecution Of Youth As Adults, Marcy Mistrett, Jeree Thomas

South Dakota Law Review

No abstract provided.

Children Are Sacred: Applying Navajo (Dine) Fundamental Law To Strengthen Juvenile Justice, Troy A. Eid, Deanna Goldtooth

South Dakota Law Review

No abstract provided.

Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick

South Dakota Law Review

No abstract provided.

Punishment That Does Not Fit The Crime: The Unconstitutional Practice Of Placing Youth On Sex Offender Registries, Ashley R. Brost, Annick-Marie S. Jordan

South Dakota Law Review

No abstract provided.

The Movement To Stop Youth Solitary Confinement: Drivers Of Success & Remaining Challenges, Amy Fettig

South Dakota Law Review

No abstract provided.