Law Commons^™

Please Provide Feedback? How To Effectively Receive And Learn From Feedback About Your Writing, Melissa N. Henke

Law Faculty Popular Media

We have all been there. We submit a draft document to a supervising attorney or valued colleague. And then we wait. Will we receive criticism? Will we receive praise? At some point we just hope to hear something in response. Or do we?

Once we get a response, the criticism is hard to receive. We may get angry or upset, we may feel defensive or defeated, or we may just shut down and try to avoid the feedback altogether. Sometimes even feedback framed as praise can leave us feeling uncomfortable or overwhelmed.

An aversion to feedback, especially to criticism, is …

A Geopolitical Economy Analysis Of China And India’S Approaches To Transnational Data Governance, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Recent literature on the behavior of rising powers in digital trade and data governance highlights their discourses of data sovereignty and desire to preserve domestic policy autonomy. This article contributes to the literature by employing a political economy lens that shifts the focus from the nation-state/inter-state framework towards the dynamics of state–capital relations, allowing for a more historical and contextual understanding of the geopolitics of data governance in emerging economies. Using China and India—two of the largest emerging economies—as comparative cases, and drawing on secondary data from government documents and other sources, the article argues that the interplay between the …

Gilead: Municipal Liability For Punitive Damages Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The 1968 Fair Housing Act (“FHA”) has always been understood to apply to local governments, which have proved to be among the most frequent and significant violators of this law, especially in their opposition to housing of particular value to racial minorities and persons with disabilities. Yet not until the Second Circuit’s decision last year in Gilead Community Services, Inc. v. Town of Cromwell did an appellate court approve an FHA-based punitive-damage award against a municipality. Before Gilead, district courts had generally blocked such awards, applying § 1983’s immunities to protect local governments and their officials from the FHA’s …

How Grand Jury Secrecy And Bias Protects And Perpetuates Police-Suspect Impunity, Ilana M. Friedman

Law Faculty Scholarly Articles

This Article proceeds in four parts. Part I introduces the theoretical frameworks for various questions involving police-suspect grand juries, including the structure and function of contemporary grand juries, the law surrounding examinations into an officer’s use of force, modern prosecutorial influences, findings from social psychologists on the impacts of diversity on jury decision-making practices, and how police-suspect grand juries implicate unique political pressures.

Part II presents a description of original methods of data collection. To investigate this setting, forty-seven in-depth, semi-structured interviews with twenty-one respondents in five field sites around the country was conducted. Respondents included civilians and legal

professionals …

Confronting The Duty To Capitalize In Veil-Piercing, Douglas C. Michael

Law Faculty Scholarly Articles

In corporate law, the doctrine of “piercing the corporate veil” allows courts to hold shareholders personally liable for corporate obligations. The doctrine—which now also applies to entities other than corporations—has been widely criticized as imprecise and unworkable. I respond to that criticism in the area of veil-piercing law which remains most intractable—the case of the tort victim who remains unsatisfied after exhausting corporate assets. Although most commentators have eschewed talk of any duty owed by the business owner to vest the business with sufficient assets, I argue that courts and legislatures should recognize—confront—such a duty. I look to negligence law …

Deceptive Exploitation: Deepfakes, The Rights Of Publicity And Privacy, And Trademark Law, Michael D. Murray

Law Faculty Scholarly Articles

This article addresses the application of right of publicity, right of privacy, and trademark law to the problem of deepfakes. It will explore the routine and not so routine ways that personality and persona attributes are exploited in traditional privacy contexts and publicity contexts. It will also examine the use of First Amendment defenses in legal actions traditionally associated with the exploitation of celebrities, sports figures, and other persons under state law theories of name-image-likeness exploitation, as well as and federal trademark law theories of false endorsement and false designation of origin.

Part I provides an introduction and background to …

Networking Among The Human Capitalists: The Organizational Dynamics Of Change And Power In The Large Corporate Law Firm, Alan James Klugel

Law Faculty Scholarly Articles

Law firms are unique creatures. They are subject to market pressures as well as ethical obligations and professional norms. They are in direct competition with other organizations for both clients and the lawyers necessary to perform work for those clients. They are comprised of lawyers who are simultaneously cooperative and competitive with one another. They are neither hierarchy nor anarchy, neither a collection of independent actors nor an entity under which its employees are subsumed. Instead, they are organizations shaped and reshaped by their members; organized around shared goals, internal contestations and external constraints; and defined by the ties between …

History, Tradition, And Voter Registration, Joshua A. Douglas

Law Faculty Scholarly Articles

History and tradition are dominating the Supreme Court, which has invoked history and tradition to curtail some rights, such as abortion, while using it to elevate other rights, such as the right to bear arms. Might history and tradition also cause the Court to strike down new restrictions on the right to vote, even if doing so would cut against the current Court’s narrow protection of voting rights? Disputes over voter registration restrictions will pose that very question. Many states have recently implemented onerous rules on voter registration, especially targeting third-party voter registration organizations. Congress is also debating the SAVE …

The Case Against Surge Pricing, Ramsi A. Woodcock

Law Faculty Scholarly Articles

Surge pricing—using data and algorithms to raise prices in response to unexpected increases in demand—has spread across the economy in recent years, from Amazon and Disney World to commuter highways and, of course, Uber, which is infamous for surge pricing rides. Companies claim that surge pricing equilibrates supply and demand, but that is impossible, at least in the short run when demand unexpectedly outstrips supply. What surge pricing really does is to ration existing supply based on ability to pay. That is both distributively unjust and potentially inefficient. It should also be considered a violation of the antitrust laws because …

Gender Disparity In Social Security, Kathryn L. Moore

Law Faculty Scholarly Articles

Facially neutral, the U.S. Social Security system structurally discriminates against women because it prefers those who successfully fulfill the traditional male breadwinner role rather than the traditional female caregiving role. Overall, women receive lower worker benefits, are much more likely to claim spouse and surviving spouse benefits, and are more dependent on Social Security for their retirement benefits than are men.

This Article assesses Social Security’s disparate treatment of women and how Social Security might be reformed to enhance benefits for women. It begins by providing a broad overview of Social Security benefits. It then discusses how women and couples …

The Migration Of Abolition Theory, Matthew Boaz

Law Faculty Scholarly Articles

This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States’ immigration regulatory regime in the same way that these principles have been deployed in denouncing racialized policing and an injurious, industrialized prison system.

This Article makes two contributions: First, it identifies and illuminates a methodology adopted by critical and decarceral criminal law scholars: (i) denouncing the harms of a structural system, (ii) identifying the normative justification(s) for this system, and …

Unveiling Secrecy: A Qualitative Analysis Of The Breonna Taylor Grand Jury Proceedings, Taylor Bettis

Theses and Dissertations--Psychology

Grand juries have faced heightened scrutiny in recent decades following high-profile cases involving police use of lethal force against Black civilians. In 2020, Police officers killed Breonna Taylor while executing a search warrant at her home. Despite widespread public outcry, it remains unclear how prosecutors failed to indict the officers involved on charges directly related to her death. Guided by critical race theory, procedural justice, and theories of authority, the current project used reflexive thematic analysis to examine the Breonna Taylor grand jury proceedings. We identified two main themes: structural influences and narrative influences. Structural influences examine how prosecutorial authority, …

An Ethnography Of Love Jihad: The Governance Of Interfaith Marriages In Times Of Hindutva, Snehal Sharma

Theses and Dissertations--Gender and Women's Studies

My doctoral research focuses on the violations of human and citizenship rights of women and religiously marginalized communities (based on religious differences) in the backdrop of right-wing movements in India. I assess the Hindu nationalist propaganda named “love jihad” to demonstrate the way it weaponizes religious exogamy. This propaganda legitimizes violence against Indian religious minorities and women as it claims that marriages between Hindu women and Muslim men are acts of terrorism against Hindus with the sole aim of increasing the Muslim population using Hindu women's bodies. I have used ethnographic research methods to explore the legal process of interfaith …

The Curious Case Of The Law Review Editor: A Study Of Higher Education's Peculiarly Powerful Students, David R. Wright

Theses and Dissertations--Educational Policy Studies and Evaluation

Many law students in their second or third year enroll in student-led, high-impact co-curricular programs such as law journals, moot court teams, and trial competition teams. Law journals particularly demand significant portions of students’ time and energy, especially for students holding Editor-in-Chief positions on a journal. Much has been written about law journals as institutions or about their utility in modern legal education; but little is known about the actual expectations and experiences of the students leading them. Few, if any, studies exist examining the student experience in law journal leadership. How student editors spend their time running their journal …

Book Review: Welcome The Wretched: In Defense Of The "Criminal Alien", Matthew Boaz

Law Faculty Popular Media

Prof. César Cuauhtémoc García Hernández has spent more than a decade writing about the intersection of criminal law and immigration law. In his most recent book, Welcome the Wretched: In Defense of the “Criminal Alien,” he offers a bold proclamation – that immigration enforcement in the United States should be untethered from the criminal legal system. Grounding his argument are two equally important assertions: (1) tying deportation to perceived criminal activity does not make the United States any safer, and (2) migrants are people, “complicated and contradictory,” but worthy of consideration beyond their greatest missteps.

China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …

Human Trafficking In The United Arab Emirates: Analyzing The Challenges And Efforts Towards Eradication, Gianna M. Bilotta

Undergraduate Projects

This paper describes the human trafficking issue within the UAE (United Arab Emigrates).

The Impact Of Dissolved Organic Matter On Photodegradation Rates, Byproduct Formations, And Degradation Pathways For Two Neonicotinoid Insecticides In Simulated River Waters, Josephus F. Borsuah, Tiffany L. Messer, Daniel D. Snow, Steven D. Comfort, Shannon Bartelt-Hunt

UK CARES Faculty Publications

The influences of dissolved organic matter (DOM) on neonicotinoid photochemical degradation and product formation in natural waters remain unclear, potentially impacting the sustainability of river systems. Therefore, our overall objective was to investigate the photodegradation mechanisms and phototransformation byproducts of two neonicotinoid pesticides, imidacloprid and thiamethoxam, under simulated sunlight at the microcosm scale, to assess the implications of DOM for insecticide degradation in rivers. Direct and indirect photolysis were investigated using twelve water matrices to identify possible reaction pathways with two DOM sources and three quenching agents. Imidacloprid, thiamethoxam, and potential degradants were measured, and reaction pathways identified. The photodegradation …

A 3-Step, Open-Data, Ride-Hailing Ridership Model With Pricing Applications, Richard A. Mucci

Theses and Dissertations--Civil Engineering

Researchers and practitioners studied the effects ride-hailing had in cities before the covid-19 pandemic. Previous research found ride-hailing to produce negative externalities, such as reducing transit ridership and increasing congestion in various cities. Since the pandemic, ride-hailing ridership has nearly recovered to pre-pandemic levels in Chicago. Ride-hailing ridership has grown steadily since the pandemic while a rider’s willingness to share their trip stagnated. Ride-hailing ridership nearly recovering to pre-covid levels in Chicago suggests that transportation planners, and policy makers, will need to continue assessing the impacts ride-hailing trips have in their cities.

Pickup and drop off locations in the Chicago …

Sources Of American Law: An Introduction To Legal Research, Tina M. Brooks, Beau Steenken

Law Faculty Books and Chapters

At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students …

Reflections On Arlington Heights: Fifty Years Of Exclusionary Zoning Litigation And Beyond, Robert G. Schwemm

Law Faculty Scholarly Articles

Fifty years ago, when I was two years out of law school, I began work on a case—Metropolitan Housing Development Corp. v. Village of Arlington Heights—that was destined to take on epic proportions in the housing discrimination field. The case started with a complaint filed in 1972, shortly before I joined the plaintiffs’ legal team, and was not finally resolved until 1980, after I’d left that team to become a law professor. During the seven years that I worked on the Arlington Heights case, it produced a major Supreme Court decision on standing and the Fourteenth Amendment’s Equal Protection Clause3 …

The Power Of The Electorate Under State Constitutions, Joshua A. Douglas

Law Faculty Scholarly Articles

Voters are special. They are the foundation of our constitutional democracy. Everything starts with the voters.

State constitutions, too, are special, as the recent surge in scholarship on state constitutions demonstrates.

This Article bridges the gap between various strands of scholarship on state constitutions, the right to vote, and democracy, making several novel claims about the way in which state constitutions protect voters. First, this Article canvasses all fifty state constitutions to conclude that they contain multiple levels of protection for the right to vote through numerous clauses that, in combination, elevate the status of voters in the constitutional structure. …

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Law Faculty Scholarly Articles

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

The Fourth Estate's Estate, Ramsi Woodcock

Law Faculty Scholarly Articles

The news industry in the United States faces a funding crisis because the tech giants, particularly Google and Facebook, have acceded to the advertising monopolies once enjoyed by the newspaper industry itself. Breakup of these monopolies is unlikely to restore the news industry’s profits, however, because search and social media will remain better ad distribution channels than the news whether search and social media are competitive or monopolized. A better solution to the funding crisis would be for government to divide the advertising distribution market, reallocating to the news industry some of the ad impressions taken from it by the …

Ductus Exemplo: A Model Municipal Executive Order On Food Waste Reduction, Linda Breggin, Darby Hoover, Jessica Sugarman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Managing Hazardous Waste Pharmaceuticals In Healthcare: A Perplexing Prescription, Garrison Rosser

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Space Age Stuck In The Past: Should Cold War Treaties Dictate Modern Space Law?, Justin Potter

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Pollution Discrimination: The Epa’S Utilization Of Title Vi Of The Civil Rights Act To Bring Justice To Overburdened African American Communities, Lindsay Bates

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Speaking For The States: A Response To The Proposal Of Subnational Forest Federalization, Joseph White

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Artificial Intelligence And The Practice Of Law Part 2: Working With Your New Ai Staff Attorney, Michael D. Murray

Law Faculty Popular Media

No abstract provided.