Law Commons^™

Libertarianism And The Common Law, Allen Mendenhall

Belmont Law Review

What are the qualities and characteristics of the common law that feature or reflect libertarianism? The common law is both a historical phenomenon and an active process or a juridical mode of settling disputes. Therefore, a precise answer to questions about the compatibility between libertarianism and the common law is difficult to articulate. This Essay describes elements of the common law - both its manifestation in history and its theoretical approaches to judging - that illuminate its libertarian attributes and tendencies. It suggests that the common law has epistemological importance as a kind of bottom-up ordering based on traceable patterns …

Tiktok Is Not Your Doctor: Reprioritizing Consumer Protection In Pharmaceutical Advertisement Regulation, Nora Klein

Belmont Law Review

This Note will examine DTCA in the context of DTC telemedicine companies, with a focus on the proliferation of such advertisements on social media platforms. Part I discusses the intertwining forces that have led to the prevalence of DTC telehealth advertising on social media. Part II introduces the current regulatory scheme applicable to DTCA, and explains the First Amendment protections afforded to commercial speakers. Part III explores why DTC telemedicine companies are not subject to the regulations applicable to DTCA generally, as well as the implications stemming from the current lack of oversight. Finally, Part IV proposes a solution to …

The Digital Person: Law Enforcement & The Purchase Of Data In A Post Carpenter Age, Jay E. Town

Belmont Law Review

It once was reasonable to expect courts to rule that there is no reasonable expectation of privacy, even in the digital era, because nearly all of the information streamed from mobile devices, applications, and browsers is voluntarily shared per the terms of the platforms', websites', and applications' agreements. But then the United States Supreme Court issued its opinion in Carpenter v. United States. Scholars and jurists alike opined, to some degree of hyperbole, on the enormity of the impact this holding would have on the Fourth Amendment going forward. Defense counsel and privacy advocates regaled the case as a …

Securing Patent Law, Charles Duan

Belmont Law Review

A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …

Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii

Belmont Law Review

After Bruen, the prevailing assumption was that the Second Amendment framework shifted radically for all gun laws. Courts throughout the country have already invalidated key gun safety statutes while applying the new test. However, such holdings fail to grapple with the full weight of Second Amendment doctrines. A proper application of the doctrine in toto will result in no significant changes to the constitutionality of the vast majority of gun laws after Bruen.

This Article explains the underdeveloped interaction between two principal Second Amendment doctrines - presumptions of legal validity and historical analyses. That interaction, framed in its simplest terms, …

Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn

Belmont Law Review

This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.

Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre

Belmont Law Review

No abstract provided.

The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber

Belmont Law Review

No abstract provided.

Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon

Belmont Law Review

No abstract provided.

Orwell's 1984 "Big Brother" Concept And The Government Use Of Facial Recognition Technology: A Call To Action For Regulation To Protect Privacy Rights, Tate Ducker

Belmont Law Review

No abstract provided.

Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield

Belmont Law Review

No abstract provided.

Ai For Retrospective Review, Catherine M. Sharkey

Belmont Law Review

No abstract provided.

Pandemic, Politics, Public Health , And The Fda, Jordan Paradise, Becky Bavlsik

Belmont Law Review

No abstract provided.

Administrative Law Symposium Debate, Akram Faizer, Stewart Harris

Belmont Law Review

No abstract provided.

Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain

Belmont Law Review

No abstract provided.

Hands Off My Timbs: An Overview Of The Methods And Misuses Of Civil Forfeiture As A Tool Of Law Enforcement, Nathaniel Sherman

Belmont Law Review

No abstract provided.

Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon

Belmont Law Review

No abstract provided.

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Belmont Law Review

No abstract provided.

Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie

Belmont Law Review

No abstract provided.

Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank

Belmont Law Review

No abstract provided.

Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling

Belmont Law Review

No abstract provided.

"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart

Belmont Law Review

No abstract provided.

Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor

Belmont Law Review

No abstract provided.

Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime

Belmont Law Review

No abstract provided.

Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability, Emily Guthrie

Belmont Law Review

No abstract provided.

Let's Gossip About Glossip: The Supreme Court's Misguided Adoption Of An Unsurpassable Standard For Method Of Execution Challenges Under The Eighth Amendment, Tenia L. Clayton

Belmont Law Review

No abstract provided.

An Argument For Restricting The Blue Pencil Doctrine, Griffin T. Pivateau

Belmont Law Review

No abstract provided.

What The Revealed-Preferences Ranking Fails To Reveal, Jerome M. Organ

Belmont Law Review

No abstract provided.

Criminal Disenfranchisement: Deconstructing Its Justifications And Crafting State-Centered Solutions, Neely Baugh-Dash

Belmont Law Review

No abstract provided.

Law's Religious Awakening: Cincinnati's Bible War, The Concept Of Religious Neutrality, And Its Role Today, Timothy A. Campbell

Belmont Law Review

No abstract provided.