Digital Commons Network^™

Illinois’S Marijuana Madness: A Protectionist Scheme Of An Illegal Market In The Shadow Of The Constitution, Alec C. Moehn

Northern Illinois University Law Review

From prohibition to legalization, Marijuana has had a storied legal history in the United States, but its story is not quite over. A new gray area is coming to the forefront of the legal field: Marijuana is illegal federally but legal in many states. This Note discusses how some states, including Illinois, are operating in that gray area to better their political and economic goals, but the Constitution places a barrier to do so with the Dormant Commerce Clause. States are not free to discriminate against other states or out-of-state economic actors, and Illinois does just that with the Cannabis …

The Future Of Employee Job Security In Illinois, Daniel S. Alcorn

Northern Illinois University Law Review

The at-will employment doctrine is more than a century and a half old. Illinois has long subscribed to the at-will employment doctrine, but the doctrine is dying a slow death. The doctrine has positive and negative aspects, but the lack of employee job security will prove to be a fatal flaw. The doctrine is not so well founded in reason or legal history to save it. Employee job security is becoming increasingly desirable and important. The legislatures and courts are making significant inroads on the doctrine to protect employee job security. A bill to abrogate the doctrine and require cause …

A Right To Fly: Navigating The Air Carrier Access Act And The Americans With Disabilities Act Following Alexander V. Sandoval, William Belles

Northern Illinois University Law Review

There are approximately 54 million disabled individuals in the United States. Those 54 million American citizens live their day to day lives differently than the average person, facing difficulties most others cannot comprehend. While legislation has come a long way in recent decades, one area that has remained stagnant is how we treat disabilities on airplanes. Despite legislation remaining relatively stagnant, judicial opinions have not. In fact, many United States Circuit Courts have determined that the Air Carrier Access Act, which provides limited protections on airplanes, does not confer a private cause of action for violations. As a result, the …

Common Sense Recommendations For The Application Of Tax Law To Digital Assets, Luís Calderón Gómez, Young Ran (Christine) Kim, Edward A. Zelinsky

Online Publications

In response to the Joint Committee on Taxation’s July 2023 request for comments on application of various Internal Revenue Code sections on digital assets, we propose a consistent set of rules to apply current law to digital assets. We highlight that the underlying economics and characteristics of transactions should be the primary concern for the application of rules and the valuation of digital assets. We believe any digital asset rules should (1) treat classes of digital assets with unique characteristics differently based on their economics, (2) minimize incentives for users to engage in tax-motivated structuring of transactions, and (3) allow …

Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A.H. Miller

All Faculty Open Access Publications

Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, …

Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Glenn Harlan Reynolds, Brannon P. Denning

Scholarly Works

New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest

Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts-whose support for the Second Amendment has been suspect-assign the opinion to Justice Thomas?

Takes Two and Three concern Justice Thomas's substitution of text, history, and tradition for …

Belonging, Equality, And The Law, Danieli Evans

Yale Graduate School of Arts and Sciences Dissertations

This dissertation is a series of three articles exploring (and critiquing) the ways in which the law sustains and legitimates social exclusion, despite a purported commitment to equal opportunity and non-discrimination. The first article, Socioeconomic Status Discrimination, begins by describing how discrimination based on socioeconomic status (SES) is prevalent and widely accepted under the law. I argue that lawmakers should prohibit SES-based discrimination for the same reasons they prohibit discrimination based on race, gender, and other protected traits. I argue that discrimination based on SES is illegitimate, and importantly, because SES-based discrimination is inextricably intertwined with racial discrimination, by accepting …

The Lawyer: Fall 2023, Seattle University School Of Law

Lawyer

No abstract provided.

A Comparative Measure Of Judicial Legitimacy, Rahul Hemrajani

Theses and Dissertations

In the Federalist papers, Hamilton emphasized the vulnerability of courts as the weakest branch of government, lacking both the power of the "purse" and the "sword." Consequently, courts can secure compliance with their decisions only if people believe in the legitimacy of their actions. Courts that are seen as legitimate by the public can better prevent governmental overreach, enhance the rule of law, and protect democratic rights. However, there is no consensus on how to validly measure the legitimacy of courts. Additionally, existing research on legitimacy focuses on courts in the United States; we know little about judicial legitimacy in …

Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch

Senior Theses

Country-of-origin information reports provide purportedly objective information on the political, economic, security, and humanitarian situation of a certain country. Within the context of asylum adjudication, country-of-origin information reports provide contextual information on the country-of-origin of the person seeking asylum. Academic literature on the legal use and application of these reports is limited, with the majority of research being contained within the European context. This thesis uses interviews with legal practitioners from the United States to investigate the use of country-of-origin information reports in the asylum adjudication process. These interviews revealed the uses of country-of-origin information reports by 3 key actors …

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …

Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps

The Cardinal Edge

This paper begins by examining the unionization efforts of the Louisville Metro Public Defender Corporation and seeks to link those conditions with national trends to cultivate a rich understanding of why the attorneys are unionizing and what policy solutions they hope to achieve. After surveying the sources of funding and oversight for indigent defense across varying state systems, it synthesizes a policy recommendation wherein federal intervention (National Labor Relations Board), state and local government budgetary oversight and appropriations powers (Kentucky General Assembly, Louisville Metro Council), and the collective bargaining and unionization process (concerted activity), protected by law, are utilized in …

Phenomenological Study Of African American Female Partners In Top U.S. Corporate Law Firms, Tony Kelly

Doctor of Business Administration (DBA)

This doctoral dissertation delved into the intricate experiences of African American female law partners, seeking to unravel the diverse array of factors that shaped their ascension to the pinnacle of their legal careers. Employing a rigorous qualitative research methodology, this study undertook an extensive exploration of narrative data derived from in-depth interviews, with the overarching aim of addressing the research questions articulated at the outset. These questions revolved around understanding how African American female law partners perceived the factors influencing their professional promotion and how race and gender impacted their leadership journeys and broader careers within the legal profession. The …

Constitutional Law—Filling The Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism, Madalyn J. Goolsby

University of Arkansas at Little Rock Law Review

No abstract provided.

With Name, Image, And Likeness, College Sports Enters The Gig Economy, Sam C. Ehrlich, Joe Sabin, Neal C. Ternes

Management Faculty Publications and Presentations

With the arrival of name, image, and likeness (NIL), the college sports labor market has distinctly taken on similar characteristics to the gig economy, with athletes able to earn extra compensation through external NIL-based independent contractor “gigs.” But with this comparison comes comparable issues, and scholarship and litigation examining and challenging gig economy structures have identified several legal and ethical concerns both individual to each worker and more broadly affecting labor markets. Building off this literature, we conceptualize the NIL phenomenon within the gig economy space, exploring the legal and ethical concerns that have plagued companies like Uber and applying …

Above Reproach? The U.S. Supreme Court's Ethical Issues, Christopher J. Przemieniecki, Jana Nestlerode, Carli Younce

Criminal Justice Faculty Publications

With society scrutinizing the American criminal justice system, a standard of ethics becomes ever so important for law enforcement officials, members of the bench, and correctional personnel. Creating a code of conduct not only benefits the individual players in the criminal justice system but it also protects the integrity of each institution. Unfortunately, one of the most important judicial branches in the criminal justice system, the United States Supreme Court, does not have, nor follow an ethical code of conduct. This creates a problem for criminal justice practitioners, the media, and society. This article examines the current requirements for a …

Artificial Intelligence And Interspecific Law, Daniel J. Gervais, John J. Nay

Vanderbilt Law School Faculty Publications

Several experts have warned about artificial intelligence (AI) exceeding human capabilities, a “singularity” at which it might evolve beyond human control. Whether this will ever happen is a matter of conjecture. A legal singularity is afoot, however: For the first time, nonhuman entities that are not directed by humans may enter the legal system as a new “species” of legal subjects. This possibility of an “interspecific” legal system provides an opportunity to consider how AI might be built and governed. We argue that the legal system may be more ready for AI agents than many believe. Rather than attempt to …

Extraction, Property, And Rights In Southeastern Arabian Seascapes C.1820–Present, Scott Erich

Dissertations, Theses, and Capstone Projects

This dissertation is a historical and ethnographic examination of fish, pearl, sponge, and oil extraction in the Persian Gulf and Gulf of Oman. These waters, which were fished and labored upon in much of the same way for millennia, have, in the last two centuries, undergone a sea change. Regimes of property and rights have transformed the ocean from a wild and undifferentiated space into a place which is enclosed, privatized, industrially fished, drilled, and otherwise despoiled. This dissertation, building on recent works in environmental history, Indian Ocean studies, and legal and economic anthropology, probes the many cultural, religious, social, …

Defamation In The Twenty First Century: Some Observations And A Brief Taxonomy, John G. Culhane

Lincoln Memorial University Law Review Archive

Defamation law has had a bumpy ride lately. Designed as a mechanism for the restoration of unfairly sullied reputations, recent high-profile cases have revealed the tort’s limitations in the era of social media saturation and virality. Some of these cases should never have been brought, while others would more naturally have been based in other torts, including intentional infliction of emotional distress or interference with business relations.

Beginning with a brief, targeted history of defamation law that focuses on its essential purpose, this article then discusses several recent, high-profile cases that have both exposed the limitations of defamation law and …

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

In The Room Where The Constitution Happens, Lorianne Updike Toler

College of Law Faculty Publications

Constitution-writing, according to the United Nations, should be participatory, non-exclusionary, and transparent. Recent scholarship has identified group inclusion, or ensuring that a broad swath of enfranchised groups is welcomed into the drafting room, as the lodestar of constitutional process. In making this comparative case--one which has important implications for modern constitution-writing--scholarship provides precious little empirical evidence, particularly from the historical genre. This ignores the benefit of studying the oldest constitution-writing traditions in America and all that can be learned by tracing a practice or idea to its roots.

This study, the first monogram on New Hampshire’s five constitution-writing processes between …

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

“In A Religious Celebration”? The Religious Defense Of Lgbt Rights In U.S. Federal Courts, Kelsy Burke, Emily Kazyak, Maia Behrendt

Department of Sociology: Faculty Publications

This article advances scholarship on the relationship between sexuality, religion, and the law within the United States by analyzing case summaries and court opinions of the federal appellate cases decided between 1990 and 2020 that involve a religion-based claim being used to advance or defend gay and lesbian rights. Contrary to dominant public narratives that position religion uniformly in opposition to progressive sexual values, these cases show how Americans’ religious beliefs and practices include diverse sexual identities. We find that the courts’ reactions to such cases, however, illustrate the tension within legal discourse and hesitancy for the courts to equate …

Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Universities As Agents For Innovation, Living Values, Sustainable Community Development And Progressive Society Building, Danjoo Ghista, Ravi S. Sharma

All Works

In this paper, we revisit Higher Education 4.0 and examine the power of universities as agents of new knowledge and innovations, for sustainable community development and progressive society building. With the benefit of retrospective economic analysis, we may posit that universities will continue to be central to socio-economic development. We can envision that in the face of a changing economic landscape, universities have the potential to serve as powerful agents of change toward a more equitable, just, and sustainable world. The power of universities in this modern era lies in their ability to create and disseminate knowledge, foster critical thinking, …

Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk

St. Mary's Law Journal

No abstract provided.

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.