Digital Commons Network^™

Hensley V. Montana State Fund: A Shift In The Grand Bargain Of Workers’ Compensation, Brian Hagan

Montana Law Review

No abstract provided.

State V. Christensen: Criminalizing Medical Malpractice, Spencer Pedemonte

Montana Law Review

No abstract provided.

Juveniles’ Overdue Rights: Integrating The Rights-Of-Minors Provision With The Cruel And Unusual Punishment Analysis In Montana, Shelby Towe

Montana Law Review

No abstract provided.

Transnational Migrant Deterrence, Anita Sinha

Scholarly Articles in Law Reviews & Journals

The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective ofthis nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability for …

Foreword, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

It is an honor and a pleasure to help the American UniversityLegislationandPolicy Brief carry on its fine tradition of scholarly inquiry into important issues facing the nation, the legislatures and the public policy arena. AULPB is an important forum within WCL for student authors to examine cutting edge, timely issues. It is also a focal point, beyond the bounds of the WCL campus, for authors to consider a broad range of pressing issues that combine law and policy questions.

Debunking The Efficacy Of Standard Contract Boilerplate: Part Iv, David Spratt

Scholarly Articles in Law Reviews & Journals

We have belabored the archaic and prohibited use of "said" as a synonym for "the." But this paragraph needs more work. First, the phrase "irrespective of the fact that" is wordy and could be replaced with the plain language alternative of "even though." Second, "one or more of the parties now is, or may become, a resident of a different state" also could be streamlined. The phrase is easy enough to understand but cut to the chase. Replacing this phrase with "either party now or later resides in a different state" does the trick.

Why Do You Care About My Hair? A Proposal For Remedying Hair Discrimination In The Workplace On A Federal Level, Grayson Moronta

Cardozo Law Review

No abstract provided.

Book Review: Downing, K., Loock, P.J., & Gravett, S. The Impact Of Higher Education Ranking Systems On Universities. London: Routledge, 2021. 146 Pp. €96. Isbn 9780367433406., Sneha Bhasin

Journal of Comparative & International Higher Education

No abstract provided.

The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi

Faculty Scholarship

In the first quarter of 2021, the sales of art in the form of Non-Fungible Tokens (“NFTs”) reached over $200 billion dollars. The arrival of NFTs in the mainstream art market has profoundly shaped the way artists exploit their works. This sensational boom has attracted some of the world's biggest names across pop culture and sports, including celebrities such as Snoop Dogg, Paris Hilton, Post Malone, Tom Brady and Rob Gronkowski, to create their own NFT art. Director Quentin Tarantino has also capitalized on this craze through the creation of an NFT collection based on the film Pulp Fiction. However, …

Cardozo Law News Brief: April 1, 2022, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2022

Featured Faculty:

• Alexander A. Reinert
• Kate Shaw
• Peter Goodrich
• Deborah Pearlstein
• Michel Rosenfeld

Campus News:

• Cardozo Welcomes Six New Faculty Members
• Civil Rights Clinic Partners with NYCLU, Files Federal Lawsuit Against Censorship in NY Prisons
• Cardozo Ranked No. 52 in 2023 U.S. News & World Report Law School Rankings
• Nine Cardozo Alumni Make Billboard Magazine’s 2022 Top Music Lawyers List
• Cardozo Celebrates 'Serving Up Scholarships' Event for Donors and Student Achievements

Events:

• Annual Uri and Caroline Bauer Memorial Lecture
• Big Law, Big Discovery, Big Trouble: Arnold & Porter and the Opioid Discovery Controversy
• Podcasts Killed the Radio Star: The Podcasting …

Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas––a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, and barriers …

Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van

Faculty Scholarship

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …

The U.S.-China Forced Technology Transfer Dispute, Peter K. Yu

Faculty Scholarship

The past few years have seen not only a trade war between China and the United States involving tariffs on close to $750 billion worth of goods, but also multiple complaints filed by both countries before the WTO Dispute Settlement Body. A key driver behind these ongoing tensions and conflicts concerns the challenges confronting U.S. technology companies—both online and offline. Although the inadequate protection and enforcement of intellectual property rights in China has been the subject of a perennial debate since the mid-1980s, the recent concerns have raised new issues that have been lumped together under the umbrella of "forced …

The Gender Pay Gap And High-Achieving Women In The Legal Profession, Milan Markovic, Gabrielle Plickert

Faculty Scholarship

Although women have made significant strides in the legal profession, female attorneys continue to earn far less than male attorneys. Relying on survey data from a large sample of full-time attorneys in Texas, we find a gender pay gap of thirty-five thousand dollars at the median that cannot be explained by differences in human capital or occupational segregation. We also provide evidence that the legal market especially disadvantages women who excel in law school. Whereas high academic achievement boosts male lawyers’ incomes substantially, it does not have the same effect on female lawyers’ incomes. High-achieving female lawyers earn less than …

Informational Regulation, The Environment, And The Public, Katrina F. Kuh

Elisabeth Haub School of Law Faculty Publications

Informational Regulation, the Environment, and the Public generates a typology to analyze how public disclosure functions in informational regulation. In the environmental context, informational regulation compels the public disclosure of environmental information without mandating substantive environmental outcomes in the expectation that disclosure itself will prompt beneficial change in the environmental context. Application of the Article's typology reveals that the emperor has no clothes: Communication of environmental information to the public is considered central to policies employing informational regulation, but the information produced pursuant to these measures largely fails to reach or be understood by lay individuals. For example, empirical data …

Doctors & Diets: The Return Of Nutrition To American Medical Education, Luke Hollingsworth

Senior Theses

The purpose of this honors graduation thesis is to analyze the role of nutrition in the prevention, management, and treatment of chronic diseases and to argue that clinical nutrition should be reintegrated into American medical education as a high priority subject. The thesis begins with a historical review of clinical nutrition beginning in the fifth century B.C. with Hippocrates in Classical Greece and ending in 21st century America. Following the historical review, five of some of the most prevalent chronic diseases in America are examined through a nutritional lens. This thesis concludes with a discussion of the outlook of American …

The Impact Of Transfer Spending In Expediting Improvement Of On-Field Performance Of English Premier League Clubs, Brendan Merten

Senior Theses

This thesis analyzes transfer spending and performance data from English Premier League football clubs participating in the 1992-2021 seasons of the English Premier League using regression analysis and Granger causality analysis. The analysis attempts to extend existing research that indicates a significant causal relationship between transfer spending and performance. I then speak to the sustainability of transfer spending necessary to improve performance over a specified length of time. Further discussion considers implications of Financial Fair Play regulations and explores relevant case studies of Blackburn Rovers, Manchester City, Chelsea, Leicester City, and Newcastle United.

Monopolies, Monopsonies, And Everything In-Between: The Gradual Unwinding Of Nearly A Century Of Antitrust Activity, Chase Faulkner

Senior Theses

Changes in the interpretation of antitrust law since the Reagan administration have created a simultaneous increase in mergers/acquisitions and a decrease in antitrust action. This trend started with Ronald Reagan in an effort to bolster a stagnant United States economy, yet in spite of the revolution the global economy has undergone in the last few decades, this trend is still perpetuated today. While this has helped the United States economy abroad, it has come at a cost domestically. A number of industries have become dominated by a single firm (or a group) through a variety of anticompetitive practices, and their …

Mobile Sports Gambling In South Carolina, Drew Pechulonis

Senior Theses

After the U.S. Supreme Court deemed the Professional and Amateur Sports Protection Act (PASPA), sports betting has expanded across the country at a rapid pace. As the sports gambling industry continues to grow, states that have not passed legislation are left wondering whether legalization would benefit their constituents.

The purpose of this study is to determine the feasibility and consequences of legalizing mobile sports gambling in the state of South Carolina. This study can inform state leaders on how to implement mobile sports gambling in the state as well as the positive and negative repercussions that would follow legislation. As …

“One Brick Will Do The Trick:” A Structural Analysis Of The May 1970 Student Uprising At The University Of South Carolina, Ian Grenier

Senior Theses

In May 1970, the University of South Carolina's campus erupted. Students protesting the Vietnam War, police presence on campus, the shooting of student protestors at Kent State, and restrictive campus rules stormed campus buildings and faced off with National Guardsmen in the streets of Columbia. This thesis examines the political context and structures at USC in the late 1960s which enabled this explosive but short-lived period of the university's history. Assessing USC activists’ levels of campus coalition building, their place in the political context of the late 1960s, the openness of the school’s political structure, and the forces acting on …

Examination Of Energy Needs In Male And Female Physically Active Individuals, Savanna Griffin

Senior Theses

Content: The Female Athlete Triad refers to three interrelated components: 1) low energy availability (LEA), with or without an eating disorder (ED); 2) harmful and physiologically impactful hormonal changes; and 3) alterations in bone mineral density, which are often experienced by individuals engaged in organized sports or other intense physical activities. This phenomenon is called the Female Athlete Triad because the relationship of components has thus far been observed primarily in females. A new term, the Male Athlete Triad, has been recently developed to describe the same phenomenon in males. LEA occurs when dietary energy intake (EI) is inadequate to …

Xbox In Japan? Understanding The Distinctions Of The Japanese Video Game Market To Increase Microsoft's Competitive Advantage, Sekani Adebimpe

Senior Theses

Microsoft, Nintendo, and Sony remain the biggest players in the video game console space. While all three companies have achieved worldwide success, Microsoft’s performance with the Xbox brand in Japan is an outlier for its historically poor sales numbers dating back to its 2001 debut. The purpose of this thesis is to unearth the various cultural distinctions inherent to the Japanese gaming industry that Microsoft must consider to gain a stronger foothold in the country, as well as diagnose the biggest issues facing Xbox with Japanese consumers. To accomplish this, several cultural frameworks were used to assess the differences between …

The Impact Of Cultural Perceptions Of Well-Being And Resulting Sustainable Local Development Initiatives, Atifah Jatoi

Senior Theses

Views on and approaches to sustainable economic development can differ vastly depending on country and location. Historically, in the United States, sustainable development is primarily based on the four pillars of sustainability: social, human, environmental, and economic. On the other hand, in communities in relatively collectivist societies, sustainable development policies and organizations are influenced by collective interest, cooperation, and the well-being of the community. Local development initiatives centered around promoting the well-being of the community are a way to have a more equitable approach to sustainable development and are necessary to address ecological, economic, and social challenges. I will discuss …

Music And Mental Health: Increasing Awareness And Promoting Wellness, Catherine Sarah Black

Senior Theses

“Music for Mental Health: Increasing Awareness and Promoting Wellness” examines how music might raise mental health awareness and act as a coping resource. Specifically, it 1) argues for the connection between music and mental health, 2) presents a case study of select BTS songs that have been useful in promoting mental health, and 3) describes the efforts of Classical Healing Keys, a non-profit organization designed by the author as a proposal to promote mental health through classical music.

Slow Violence And Racial Capitalism: Understanding Mass Incarceration Through A Case Study Of The California Prison System, Mason Joiner

Senior Theses

This thesis will analyze the growth of the California prison system, situating it in the national context of mass incarceration in the United States. In Ruth Wilson Gilmore’s book Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California, Gilmore utilizes the theory of racial capitalism to explain the history and development of the California prison system. By analyzing Gilmore’s arguments about racial capitalism and integrating them with Rob Nixon’s theory of slow violence from his book Slow Violence and the Environmentalism of the Poor, this thesis provides a new perspective in the current discourse around mass incarceration. …

Mislabeled: A Study Of Generational Labels And Gen Z Stereotypes, Levi Victor Smith

Masters Theses

Generation Z is the newest cohort to be introduced in the generational cycle and has earned the attention of marketers, researchers, and the general public alike. While individuals and members of other generations have been quick to stereotype and assign labels to members of Generation Z, little research has been done to see if such labels are accurate. Therefore, the purpose of this study was to discover whether generational labels can accurately communicate the characteristics of individuals within Generation Z. This study used Henri Tajfel's and John Turner’s Social Identity Theory to examine how group membership defines self-identity in terms …

Jurisdictional Elements And The Jury, G. Alexander Nunn

Faculty Scholarship

Do jurisdictional elements in criminal statutes actually matter? Of course, formally, the answer is obvious; jurisdictional elements are of paramount importance. In fact, they often serve as the entire justifying basis for a federal (rather than state) criminal prosecution. But beyond mere technicalities, do jurisdictional elements actually make a difference in a jury deliberation room?

In pursuit of an answer, this Article undertakes a novel empirical study designed to assess the antecedent issue of how laypeople weigh jurisdictional elements when determining guilt. The project’s experiment ultimately finds that when one increases the amount of evidence demonstrating a defendant’s substantive guilt, …

Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet

Faculty Scholarship

As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …

“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin

Fordham Law Review

The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …

When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence

Fordham Law Review

This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.