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Articles 1 - 27 of 27
Full-Text Articles in Law
The Corporate Forum, Sergio Alberto Gramitto Ricci, Christina M. Sautter
The Corporate Forum, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
In this response to Professor Jill Fisch’s article "GameStop and the Reemergence of the Retail Investor," we focus on one of the risks associated with the growth of retail investing that Fisch surveys, uncontrolled information sourcing. Drawing on our work on retail investors, we revisit an instrument dear to the U.S. Securities and Exchange Commission, whose potential has not been unleashed so far, the corporate forum. Our response succinctly discusses the main mechanics of the corporate forum, the benefits the corporate forum could provide, and the feasibility hurdles that might undermine the success of corporate forums.
An Algorithmic Assessment Of Parole Decisions, Hannah Lacqueur, Ryan W. Copus
An Algorithmic Assessment Of Parole Decisions, Hannah Lacqueur, Ryan W. Copus
Faculty Works
Objectives: Parole is an important mechanism for alleviating the extraordinary social and financial costs of mass incarceration. Yet parole boards can also present a major obstacle, denying parole to low-risk inmates who could safely be released from prison. We evaluate a major parole institution, the New York State Parole Board, quantifying the costs of suboptimal decision-making.
Methods: Using ensemble Machine Learning, we predict any arrest and any violent felony arrest within three years to generate criminal risk predictions for individuals released on parole in New York from 2012–2015. We quantify the social welfare loss of the Board’s suboptimal decisions by …
Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren
Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren
Faculty Works
Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their relationship to the gestating parent. While these laws represent an important new development in the movement to restrict the abortion right, they also expand parental recognition of unwed fathers. Constitutional law requires that unwed fathers who seek to assert parental rights must establish that they possess both biological connection and a relationship with their child or the gestating parent—what has come to be known as “biology-plus.” However, antiabortion civil remedy laws vest parental recognition and rights …
Cross-Examination Content And The "Power Of Not", Patrick C. Brayer
Cross-Examination Content And The "Power Of Not", Patrick C. Brayer
Faculty Works
One of the challenges in constructing an impactful cross-examination (cross) is creating content. Many trial attorneys can effectively identify issues in the discovery process but fail to communicate to the fact finder the power of the facts as they relate to the case. Depositions can be artfully conducted and interrogatories expertly administered, but if the presenter of the evidence is unable to translate basic facts into vivid images and stories, then once-dominant discovery revelations can often be reduced to tepid references. After years of preparing one case, many trial attorneys are so hardened to the basic facts that they fail …
Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part Ii, Christopher M. Holman
Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part Ii, Christopher M. Holman
Faculty Works
A 2020 law review article entitled The Death of the Genus Claim (“Death”) purports to document a dramatic shift in the Federal Circuit’s interpretation of 35 U.S.C. 112(a)’s enablement and written description requirements, particularly as applied to chemical genus claims. According to the authors of Death, it has become nearly impossible to obtain a chemical genus claim that will be upheld as valid in the face of a challenge for overbreadth under Section 112(a). Death was cited extensively in Amgens’s successful petition for certiorari in Amgen v. Sanofi, a case asking the Supreme Court to overturn the Federal Circuit’s decision …
The Sense Of An Ending: Shifting Paradigms In Search Of Our Common Future, Irma S. Russell
The Sense Of An Ending: Shifting Paradigms In Search Of Our Common Future, Irma S. Russell
Faculty Works
This article focuses on the important role law school deans play as protectors of innovation and faculty scholarship. Like all lawyers, deans have a duty as public citizens for justice and for legal reform when such reform is necessary for the public good. In this time of challenges, including the climate crisis and political upheaval, all lawyers must be sustainability lawyers and all must question the components of legal rules that potentially undermine our safety and democracy. Moving from a discussion of the duty of deans to the duty of lawyers generally, the article calls on lawyer leaders to address …
Behind The Mask: Teaching Gen Z As One Of Its Own, Ariel Newman
Behind The Mask: Teaching Gen Z As One Of Its Own, Ariel Newman
Faculty Works
No abstract provided.
Political Appointments And Outcomes In Federal District Courts, Ryan Hübert, Ryan W. Copus
Political Appointments And Outcomes In Federal District Courts, Ryan Hübert, Ryan W. Copus
Faculty Works
Using an original data set of around 70,000 civil rights cases heard by nearly 200 judges, we study the effect of presidential appointments to federal district courts. We provide the first causal estimates of whether lawsuits end differently depending on their assignment to either a Democratic or a Republican appointed judge. We show Republican appointees cause fewer settlements and more dismissals, favoring defendants by around 5 percentage points. We estimate a similarly sized effect for a sample of civil rights appeals heard in the Ninth Circuit, raising questions about the conventional wisdom that politics matters more at higher levels of …
The Right To Remain, Timothy E. Lynch
The Right To Remain, Timothy E. Lynch
Faculty Works
Article 12.4 of the International Covenant on Civil and Political Rights (ICCPR) states, "No one shall be arbitrarily deprived of the right to enter his own country." Citizens clearly enjoy Article 12.4 rights, but this article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR's preparatory works and the jurisprudence of the Human Rights Committee, this article demonstrates that Article 12.4 also forbids States from deporting long-term resident noncitizens both documented and undocumented - except under the rarest circumstances. As a result, the ICCPR right to remain in one's own …
Covid-19: A Catalyst To Automate Protection Order Petitions To Support Self-Represented Litigants, Ayyoub Ajmi
Covid-19: A Catalyst To Automate Protection Order Petitions To Support Self-Represented Litigants, Ayyoub Ajmi
Faculty Works
COVID-19 exacerbated the crisis in access to legal services especially for victims of domestic violence for whom the pandemic made their situations even more precarious. In this article, the author shares his experience of building and implementing an automated solution to help pro-se litigants petition the court for emergency protection orders remotely and without the need to visit the courthouse. The article describes the lessons learned in developing a state court online portal dedicated to educating abuse victims and providing them with an automated way to petition the court for protection orders remotely without the need to visit a courthouse. …
The Instrumental Case For Corporate Diversity, Naomi Cahn, June Carbone, Nancy Levit
The Instrumental Case For Corporate Diversity, Naomi Cahn, June Carbone, Nancy Levit
Faculty Works
The moral case for diversity in businesses is compelling. The business case for diversity (that “diverse companies do better”) is mixed: studies in the business literature do not prove that simply adding diversity causes the improvement; instead, they posit that the improvement is likely to be “endogenous,” that is, the factors that encourage and sustain diversity, such as greater transparency, also improve financial performance. In this article, we make what we call “the instrumental case for diversity.” If the same factors that correlate with greater diversity also correlate with improved performance, then greater diversity can be a benchmark for better …
Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part I, Christopher M. Holman
Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part I, Christopher M. Holman
Faculty Works
A 2020 law review article entitled The Death of the Genus Claim (“Death”) purports to document a dramatic shift in the Federal Circuit’s interpretation of 35 U.S.C. 112(a)’s enablement and written description requirements, particularly as applied to chemical genus claims. According to the authors of Death, it has become nearly impossible to obtain a chemical genus claim that will be upheld as valid in the face of a challenge for overbreadth under Section 112(a). Death was cited extensively in Amgens’s successful petition for certiorari in Amgen v. Sanofi, a case asking the Supreme Court to overturn the Federal Circuit’s decision …
Dobbs V. Jackson Women’S Health And The Post-Roe Landscape, Yvonne F. Lindgren
Dobbs V. Jackson Women’S Health And The Post-Roe Landscape, Yvonne F. Lindgren
Faculty Works
This Article examines some of the important takeaways of the Dobbs v. Jackson Women’s Health decision and the likely reverberations it will have on other areas of law and reproductive healthcare more broadly. The Article proceeds in three parts. Part I examines the majority, concurring, and dissenting opinions to consider what they reveal about the new standard of review for abortion, the shift in power among the members of the Court itself, as well as what the opinion signals might come next. Part II explores the future of abortion in a post-Roe landscape as the abortion rights movement moves from …
The Fathers' Veto And Fatherhood As Property, Yvonne F. Lindgren
The Fathers' Veto And Fatherhood As Property, Yvonne F. Lindgren
Faculty Works
Over the last twenty-five years, state legislators have been quietly adding civil remedy provisions to antiabortion legislation to supplement, and in the case of Texas’s Senate Bill 8, to completely replace the traditional criminal and administrative enforcement mechanisms of restrictive abortion legislation. Laws currently in effect in at least eight states permit fathers to sue abortion providers for civil damages for wrongful death and emotional distress for alleged harms that result from the abortion procedure. Several state legislatures have introduced laws—although to date all have been enjoined or are being challenged—that require women seeking an abortion to get signed consent …
Name, Image, And Likeness In Amateur Sports, Kenneth D. Ferguson
Name, Image, And Likeness In Amateur Sports, Kenneth D. Ferguson
Faculty Works
On November 15, 2021, the Albany Law Journal of Science and Technology presented a symposium discussing the critical questions about the evolving perception and reality of student-athlete rights. Professor Kenneth Ferguson gave the keynote speech for this symposium. Remarks have been annotated and edited by the Journal staff.
Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2), Allen K. Rostron
Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2), Allen K. Rostron
Faculty Works
This bibliography covers some of the significant constitutional issues arising in the realm of family law today, as well as other legal and policy issues spinning off of the constitutional controversies. It focuses on issues discussed in the articles in this issue of the Journal of the American Academy of Matrimonial Lawyers.
Covid-19'S Impact On Families, Lawyers, And Courts: An Annotated Bibliography, Allen K. Rostron
Covid-19'S Impact On Families, Lawyers, And Courts: An Annotated Bibliography, Allen K. Rostron
Faculty Works
No abstract provided.
The Educated Retail Investor: A Response To "Regulating Democratized Investing", Sergio Alberto Gramitto Ricci, Christina M. Sautter
The Educated Retail Investor: A Response To "Regulating Democratized Investing", Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
The diffusion of mobile-first investing apps, like Robinhood, has increased retail investor participation in financial markets, particularly from the Millennial and GenZ generations, and has increased the diversity of retail investors. However, mobile-first investing apps are not free from controversy. In Regulating Democratized Investing, Abraham Cable tackles the debate on regulating mobile-first investing apps and largely opposes paternalistic regulation, which would raise unsurmountable barriers at the entrance of the stock market for retail investors. But it concedes to a form of regulation that in Cable’s own words “serves ultra-retail investors a modest portion of what they really want.” We strongly …
When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren
When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren
Faculty Works
The Supreme Court in Roe v. Wade framed the abortion right as a right to make the abortion decision in consultation with a “responsible physician.” Under this framing, doctors were cast in the role of medical “gatekeepers” to mediate patient access to abortion. In the ensuing years, the doctor-patient relationship has become the site of restrictive abortion regulations in many states. This Article argues that Roe’s framing suffers from a foundational flaw: While the gatekeeper framing may have been appropriate in the Roe era when abortion was surgical and non-clinical abortions were potentially lethal, today, medication abortion—a two-drug non-surgical regimen …
The Aboriginal Land And Water Rights Of The Jemez Pueblo, John W. Ragsdale Jr
The Aboriginal Land And Water Rights Of The Jemez Pueblo, John W. Ragsdale Jr
Faculty Works
Since time immemorial, the indigenous people of what became the Southwest United States have maintained sustainable, vibrant communities in the harshest of environments; one with generally arid climate, inconsistent precipitation, heat, wind, thin soil and erosion. These communities, on the razor’s edge, survived for eons because resilience and community, within and with the land, were at the center of their life, economy and order. Balance was not always perfect, but it was the target. The possibility of economic surplus and growth is perhaps a latent human instinct, but it until the fluorescence of Chaco Canyon in the eleventh century it …
Broken Infrastructure, Del C. Wright Jr.
Frederick Douglass And The Hidden Power Of Recording Deeds, Randall K. Johnson
Frederick Douglass And The Hidden Power Of Recording Deeds, Randall K. Johnson
Faculty Works
This Essay answers a single question: What led Frederick Douglass to accept an appointment as the D.C. Recorder of Deeds, especially at the height of his public service career? A possible answer, which is informed by the historical record and more contemporary accounts, is that Douglass accepted such an appointment for three reasons. The first reason is that the D.C. Recorder has been long recognized as an exemplar of fairness, perhaps due to its ministerial obligations, even when there could be no such expectation with respect to how Black folks are treated. The second reason is this office provided Douglass …
The Wireless Investors Movement, Sergio Alberto Gramitto Ricci, Christina M. Sautter
The Wireless Investors Movement, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
The inaugural guest academic article for the University of Chicago Business Law Review Blog discusses how Millennial and GenZ investors can set in motion a social movement with disruptive effects on the current corporate governance paradigm. It refers to Millennial and GenZ investors as “wireless investors” and their social movement as the “Wireless Investors Movement.” The Wireless Investors Movement, fueled by wireless investors’ vision of the world and technology savviness, will bring corporations to pursue social and environmental causes. This short contribution analyzes the characteristics of the Wireless Investors Movement and the effects it will have on corporate governance.
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean O'Brien, Quinn O'Brien, Dana Cook
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean O'Brien, Quinn O'Brien, Dana Cook
Faculty Works
Professor and capital defense attorney Sean O’Brien, private investigator Quinn O’Brien, and mitigation specialist Dana Cook team up in this article to explain why the standard for competent defense investigation requires face-to-face, one-on-one, culturally competent client and witness interviews, and why short cuts to investigation, such as telephone calls or remote video links, are counter-productive, prone to failure, and constitute substandard work. Although the primary focus of this article is on standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work; there are persuasive arguments and authority that the …
28 U.S.C. § 1331 Jurisdiction In The Roberts Court: A Rights-Inclusive Approach, Lumen N. Mulligan
28 U.S.C. § 1331 Jurisdiction In The Roberts Court: A Rights-Inclusive Approach, Lumen N. Mulligan
Faculty Works
In this symposium piece, I argue that the Roberts Court, whether intentionally or not, is crafting a 28 U.S.C. § 1331 doctrine that is more solicitous of congressional control than the Supreme Court’s past body of jurisdictional law. Further, I contend that this movement toward greater congressional control is a positive step for the court. In making this argument, I review the foundations of the famous Holmes test for taking § 1331 jurisdiction and the legal positivist roots for that view. I discuss the six key Roberts Court cases that demonstrate a movement away from a simple Holmes test and …
Antibody Claims And The Evolution Of The Written Description/Enablement Requirement, S Sean Tu, Christopher M. Holman
Antibody Claims And The Evolution Of The Written Description/Enablement Requirement, S Sean Tu, Christopher M. Holman
Faculty Works
No abstract provided.
Technology Changes Drive Legal Changes For Antibody Patents: What Patent Examiners Can Teach Courts About The Written Description And Enablement Requirements., S. Sean Tu, Christopher M. Holman
Technology Changes Drive Legal Changes For Antibody Patents: What Patent Examiners Can Teach Courts About The Written Description And Enablement Requirements., S. Sean Tu, Christopher M. Holman
Faculty Works
Antibody patents form the basis of some of the most valuable biotechnology products on the market. In 2020 alone, the sales of the top three drugs exceed 10 billion dollars. Two of those three drugs are monoclonal antibodies (Humira and Keytruda). In the past, patent law offered broad protection for monoclonal antibodies. As time has progressed, however, courts have narrowed the scope of antibody patents. However, very little research has been done to see how patent examiners are applying the rules of patentability to these valuable antibody patents.
We examine approximately two decades worth of antibody patents to determine how …