Law Commons^™

Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch

Faculty Publications

In Purple Communications, Inc., 361 N.L.R.B. 1050 (2014), the NLRB set forth a new analysis covering employees’ use of employer-provided email. Under this analysis, which is based on the Supreme Court’s seminal decision in Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the Board presumes that employees who have access to their employer’s email as part of their work duties can use that email for Section 7 purposes during nonwork time. Purple Communications, 361 N.L.R.B. at 1063. The employer can rebut this presumption by showing that special business circumstances justify additional restrictions on employees’ email use. …

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa B. Hessick

Faculty Publications

Tentative thoughts on what professional norms ought to apply to law professors who engage in a now popular form of public discourse: Twitter. Specifically, it is suggested that law professors should assume that, each time they tweet about a legal issue, they are making an implicit claim to expertise about that issue. It is also suggested that when law professors participate on Twitter, they should do so in a fashion that models the sort of reasoned debate taught to law students.

Tweets To A Young 1l, Rachel I. Gurvich

Faculty Publications

A series of eleven tweets ruminating about the author's law school experience received a positive and enthusiastic response from many lawyers, law professors, and law students, and ultimately caught the eye of one of the Green Bag’s editors. This short piece unpacks and contextualizes those tweets. The original tweets appear below, numbered as they first appeared on Twitter.

Green Bag Cataloging Trivia, Aaron S. Kirschenfeld

Faculty Publications

No abstract provided.

The Attorney-Client Privilege, Client Professions And Wrongful Convictions: Immunity As A Statutory Solution, Richard E. Myers Ii

Faculty Publications

No abstract provided.

Automation And The Income Tax, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Tracing Equity, Melissa B. Jacoby, Edward J. Janger

Faculty Publications

No abstract provided.

Sexual Orientation And Gender Identity Discrimination, Holning S. Lau

Faculty Publications

No abstract provided.

The Constitutionality Of School Prayer: Or Why Engel V. Vitale May Have Had It Right All Along, William P. Marshall

Faculty Publications

No abstract provided.

Sharks And Minnows In The War On Drugs: A Study Of Quantity, Race And Drug Type In Drug Arrests, Joseph E. Kennedy, Isaac Unah, Kaci Wahlers

Faculty Publications

No abstract provided.

The President’S Immigration Courts, Catherine Y. Kim

Faculty Publications

No abstract provided.

Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast

Faculty Publications

No abstract provided.

The Expansion Of Child Pornography Law, Carissa B. Hessick

Faculty Publications

This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …

The Evolution Of The Voice And Vote Of Student-Athletes In Ncaa Division I Governance, Lissa L. Broome

Faculty Publications

This paper explores the evolution of the student-athlete voice and vote in the NCAA Division I governance structure.

The Legal Foundations Of White Supremacy, Erika K. Wilson

Faculty Publications

This paper focuses on a very important part of white supremacy — the legal foundations of white supremacy. The central thesis of this paper is that American law has historically played a vital role in constructing white supremacy. While America has eliminated overt race-conscious laws that favor whites, the law continues to play a critical role in maintaining white supremacy today. Unless and until we commit to understanding the history of the law in constructing white supremacy and the ways in which modern iterations of law continue to perpetuate white supremacy, white supremacy will remain an enduring feature of American …

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.

The Limits On Congress’S Power To Do Nothing, William P. Marshall

Faculty Publications

No abstract provided.

Taxing The Gig Economy, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Copyright Policy As Catalyst And Barrier To Innovation And Free Speech, Amanda Reid

Faculty Publications

No abstract provided.

The Third Precedent, Kevin Bennardo

Faculty Publications

No abstract provided.

Beware The Trademark Echo Chamber: Why Federal Courts Should Not Defer To Uspto Decisions, Deborah R. Gerhardt

Faculty Publications

This Article explains why federal courts should not defer to United States Patent and Trademark Office (USPTO) trademark decisions. Under United States trademark law, actual use of a mark on specific goods or services is required to support federal trademark registration. The USPTO processes a tremendous volume of applications to register trademarks. In order to do so expeditiously, trademark examiners use heuristics drawn from past USPTO registration data. While markets continually change, each trademark registration is updated at five or ten-year renewal intervals. Accordingly, much of the data does not reflect current market use. A recent audit established that many …

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

A Modern Union For The Modern Economy, Jeffrey M. Hirsch, Joseph A. Seiner

Faculty Publications

No abstract provided.

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.

Mccleskey V. Kemp: Field Notes From 1977-1991, John Charles Boger

Faculty Publications

No abstract provided.

Interpreting Contracts Without Context, John F. Coyle, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.