Law Commons^™

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. …

Onlineketoproducts-Converted.Pdf, Dermvix Tri

DermVix tri

Can A Politician Block You On Social Media?, Alan E. Garfield

Alan E Garfield

No abstract provided.

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to dispose …

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner

Women's Work And Wealth: Measuring The Impact Of Incremental Liberations, 1850-1870, Hannah Kelly

Williams Honors College, Honors Research Projects

Using a two-way fixed effects difference-in-difference model, this project analyzes data from the IPUMS Full Count census for 1850, 1860, and 1870 at a state level for 48 states. Four models assess the impact of property laws on women's real property holdings, labor force participation, household types, and real property values.

By quantifying the impact of various legal reforms on women's economic empowerment, this project fills a gap in the understanding of the intersection between law, society, and women's economic agency during a transformative period in pre-industrial American history. These impacts can implicate the effectiveness of legislative measures in advancing …

Investigating Exoneration Patterns Among Juveniles, Kristin Mahan

Electronic Theses and Dissertations

Exoneration from crime has been studied among adults, but exoneration of juveniles (i.e., persons under age 18) has not been analyzed as a separate entity, despite distinct legal systems and developmental considerations. Wrongful conviction, while not always indicative of innocence, devastates lives of convicted individuals and their families, while increasing public mistrust and sometimes failing to convict truly guilty individuals. This devastation, as well as vulnerability to wrongful conviction, is significantly increased for youth who miss out on crucial developmental years, milestones, and opportunities.

In the current study, I examined differing and intersecting contributors (i.e., individual characteristics, crime characteristics, legal …

Reverberations Of Magna Carta: Work Injuries, Inkblots, And Restitution, Michael C. Duff

All Faculty Scholarship

This article argues that workers in the United States have been unconstitutionally undercompensated for their work injuries for at least a century. This provocative fact, coupled with statistics showing that over 120,000 people per year die from workplace injury and occupational disease, suggests a looming post-pandemic struggle for better injury remedies and safer workplaces. Workers’ compensation, the current state-based system by which American workers receive compensation for work-related injury and death, was obtained from legislatures as a “Grand Bargain,” the value of which has significantly deteriorated over time; and the constitutional coherence of which has been impacted by the obvious …

Meat, The Future: The Role Of Regulators In The Lab-Grown Revolution, Joseph B. Davault, Michael S. Sinha

All Faculty Scholarship

The United States is one of the largest consumers of meat globally. The production of meat contributes substantially to climate change due to the levels of greenhouse gasses emitted and the amount of land, water, feed, and other natural resources required to raise animals used for meat. Traditional meat production is another major source for the emergence of zoonotic diseases and antimicrobial-resistant pathogens. Nevertheless, Americans consume more meat now than at any time in the nation’s history.

Advocates for policy change aimed at addressing the risks associated with meat production have typically focused on reducing meat consumption, alternatives to meat, …

Discretion, Deference, And Dysfunction: U.S. Refugee Resettlement From Egypt, Cassandra Mcclellan

Theses and Dissertations

This thesis investigates refugee resettlement from Egypt to the U.S., as facilitated by UNHCR Egypt and the U.S. Refugee Admissions Program (USRAP). Accordingly, the research questions ask what factors determine the volume and profile of refugees UNHCR Egypt submits to USRAP for resettlement, as well as the related determining factors for refugees rejected from and accepted to USRAP. A fourth research question examines the impacts of U.S. refugee policy on the resettlement system in Egypt, including on UNHCR Egypt and refugees. To answer these questions, the thesis first delves into the history of U.S. immigration and refugee policies, with a …

Reporting Sexual Violence: The Victim's Right To Protection And Justice, Nada Shehata

Theses and Dissertations

Incidents of sexual violence are still under-reported to legal institutions in Egypt despite the recent legal amendments. The reasons for under-reporting SV incidents to police stations appear to be the same that justifies victim’s non-reporting or resorting to various social media accounts on Facebook and Instagram as “Daftr Hekayat” and “AssaultPolice” which provided a safe space for them to reveal the assault incidents and warn potential victims from the shamed assailants. As successful as these accounts are, they have their drawbacks. It is not accessible to economically and educationally disadvantaged victims, and lately, the perpetrators started to file defamation lawsuits …

The Agility Paradigm: Rethinking Regulatory Policy Commitments In Free Trade Agreements, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

In an era marked by rapid technological advancement and an intensifying imperative for sustainability, the concept of agile regulation has emerged as a new paradigm in regulatory governance. Agile regulation champions a flexible approach essential for regulatory frameworks to evolve alongside changing circumstances. International regulatory cooperation is of importance in fostering knowledge sharing and evidence dissemination between states while mitigating regulatory disparities that stifle crossborder innovation, impede collective action against shared risks, and increase trade costs. Against this backdrop, the article delves into the role of free trade agreements (FTAs) in advancing the agile regulation agenda. It discusses how FTAs …

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

The “Ownership” Of Real Property: The Consequences Of Kelo V. City Of New London, Joseph E. Decker

Student Works

No abstract provided.

Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley

Social Justice | Senior Theses

My senior thesis project delves into Restorative Justice's role in addressing the school-to-prison pipeline in Marin County. Restorative Justice prioritizes repairing the harm caused by crime to individuals, relationships, and communities, advocating for offenders to take responsibility and make amends rather than solely facing punishment (Restorative Justice Exchange, 2022). My capstone aims to pinpoint factors driving student exclusion from schools and subsequent entanglement in the legal system while highlighting how restorative approaches can prevent such outcomes. Additionally, it discusses the benefits of removing police officers from schools and reducing reliance on law enforcement within educational settings. My research will use …

Judicial Review Of Settlements Under The Class Action Fairness Act And Deference Due To The Department Of Justice And State Attorneys General, Michael E. Solimine, Hailey Martin

Faculty Articles and Other Publications

The Class Action Fairness Act of 2005 (CAFA) made it easier to remove consumer class actions from state to federal court, and among other things regulates the procedure of federal court approval of settlements of those cases. CAFA requires that before any court approval or disapproval, the parties must notify the Attorney General of the United States, and the attorneys general of states where members of the class live, of the pending settlement in order to receive any objections or other input. While such notice is frequently sent, since most class action cases settle out of court, it appears that …

Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, Michael E. Solimine

Faculty Articles and Other Publications

Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the Warren and Burger Courts. An underappreciated influence on the change is the method by which those cases reached the Court’s docket. A significant number of the cases reached the Court’s docket not by discretionary grants of writs of certiorari, as occurred in most other cases, but by mandatory appeals directly from three-judge district courts. This article makes several contributions regarding the important changes in these doctrines during the Warren Court …

Decency And Responsibility: Preserving Egyptian Tally Cloth Cultural Heritage And Protecting The Intellectual Property Of Egyptian Artisans., Noha Fawzy Ph.D, Marwa Zein Ph.D, Ahmed Elseragy Ph.D, Catherine Harper Ph.D

Arts and Design

Tally is an exquisite Egyptian netting fabric, cotton or linen with nickel silver, copper or brass strip embroidery, a powerful symbol of Egypt's opulent textile and artisanal culture. Traditionally handmade, it originated in Upper Egypt’s Asyut region where ancient Egyptian makers pioneered embellishment of translucent cloth with metallic threads. Its iconography - geometric flora, fauna, humans and camels – in black, white or ecru. With beautiful drape and fluidity, it is a highly valued part of Egypt’s rich cultural heritage.

Preserving Tally and protecting the intellectual property rights of its artisans is urgent to ensure sustainable livelihoods, safeguard this unique …

The Merging Of Ownership And Control, Tomer S. Stein

Scholarly Works

What if shareholders controlled every decision their company makes? This seemingly simple idea threatens to upend the modern corporation.

Shareholders own the corporation and directors and officers manage the corporation—a “separation of ownership and control” that has become a defining characteristic of our modern economy. As per conventional wisdom, the law enables separation of ownership and control by not prohibiting owners and employees from exercising their contractual freedom to hire and work for one another.

This Article demonstrates that this widely held view is incomplete and detrimental to the economy. Much of the economic activity that utilizes the corporate form …

The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff

All Faculty Scholarship

This essay discusses justice issues surrounding occupational safety and health and assesses the ethical legitimacy—the justice—of regulatory cost benefit analysis when the costs in question involve the risks and realization of workplace injury and fatalities. The current “value of a statistical life” for legal-regulatory purposes is 13.1 million dollars. While economists are careful to say that this figure does not “really” represent an attempt to value any particular life, the purpose of even calculating the number is to provide an “aggregated” statistical justification for saying “no” to rules requiring safer work. This seems acceptable until you, or someone you love, …

Water, Water, Everywhere, And Not A Drop Of Justice: International Water Crimes In The Anthropocene, Matthew J. D’Amato

Student Works

No abstract provided.

Navigating The Equal Terms Maze: Reconciling Circuit Splits On Rluipa's Land Use Protections, Najma Hassan

Student Works

No abstract provided.

Child Marriage In Relation To The Free Exercise Clause And The Establishment Clause, Mahima Alam

Student Works

No abstract provided.

A Lesson To Learn: Transgender Students Face Discriminatory School Policies In Texas, Randy Terhune

Student Works

No abstract provided.

School Choice And The First Amendment, Symone Cirton

Student Works

No abstract provided.

The European Union’S Leadership In Regulating Artificial Intelligence: The Danger In Allowing U.S. Corporations To Self-Determine That Their Chosen Ai Systems Do Not Fall Within The High-Risk Category, Anthony M. Schlass

Student Works

No abstract provided.