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Articles 301 - 330 of 11866
Full-Text Articles in Law
Propaganda For War & International Human Rights Standards, Evelyn Aswad
Propaganda For War & International Human Rights Standards, Evelyn Aswad
Faculty Articles
Shortly after Russia's illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU's General Court upheld the outlets' suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …
Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski
Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski
Faculty Articles
Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and 37; Federal Rule of Appellate Procedure 38; 28 U.S.C. §§ 1927 and 1447(c); as well as courts’ inherent authority to sanction litigants and attorneys. In the standard narrative, these tools provide immediate corrections to unethical conduct, unlike bar sanctions or derivative malpractice actions that are delayed and uncertain. Together, these tools aim to effectuate the goal of Federal Rule of Civil Procedure 1: to make sure parties cooperate …
The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland
The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland
Faculty Articles
Congress delegated to the Securities & Exchange Commission (S.E.C.) the regulation of the sale and trading of securities as well as the solicitation of proxies. The S.E.C. compels disclosure by involved parties to ensure that investors can make informed decisions regarding their trades and the exercise of voting rights with respect to their securities. Such important governmental interests routinely leave one without basis to challenge the compelled speech imposed by the S.E.C. Because it generally can compel speech by parties involved in securities transactions and the solicitation of proxies, the S.E.C. is insensitive to situations when legitimate First Amendment issues …
The Macroeconomics Of Intellectual Property, Eric E. Johnson
The Macroeconomics Of Intellectual Property, Eric E. Johnson
Faculty Articles
Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information. In the modern era, questions of how best to accomplish this have been explored with reference to economic efficiency and other concepts from microeconomics. But why not macroeconomics? In the microeconomic view, the intangibles of innovation, knowledge, and information are ordinary economic goods, albeit ones whose easy reproducibility leads to special problems. In the macroeconomic view, however, innovation, knowledge, and information are extraordinary goods with special virtues. Indeed, modern macroeconomics puts these intangibles at the center of …
Racism And Trademark Abandonment, Jon J. Lee
Racism And Trademark Abandonment, Jon J. Lee
Faculty Articles
As companies have come to terms with the fact that their brand names and imagery have connections to our country’s racist history, they have publicly announced their commitments to shed their ignominious trademarks. But unlike a physical monument, a trademark cannot be destroyed or removed. Under the prevailing doctrine, abandoned trademarks return to the public domain, free for another company to claim and use—even if it is to capitalize on the mark’s recognition as a symbol of oppression. This puts companies who wish to sever their ties with their racist trademarks in an intractable situation: either they make good on …
Torts And Personhood, Melissa Mortazavi
Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi
Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi
Faculty Articles
When courts consider a choice of class or lead counsel in multidistrict litigation ("MDL') or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank conduit for client interests. In theory, lawyers should be able to bring their legal expertise absent any personal experiences, individualized identity, and morality outside of practice. But the reality is that neither lawyers nor their clients can fully divorce their identities or moral viewpoints from the legal system. This Essay argues that an identity-blind choice of class or lead counsel, grounded in a …
Lawyerless Law Development, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Lawyerless Law Development, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Faculty Articles
State civil courts are the object of growing scholarly attention converging from two directions: rapidly expanding research regarding lawyerless state civil trial courts, and an increasing volume of voices calling for state supreme courts to serve as a balm for American democracy’s wounds. The challenges of lawyerless trial courts and the potential of state supreme courts converge when considering how law develops in state civil courts. We and others have asserted that law development is not happening in lawyerless courts, at least not in the way that American legal scholars conventionally understand law development. This Essay explores the core theoretical …
Asymmetries, Norm Matching, And The Pursuit Of Equity Between The Police And The Public, Eang Ngov
Asymmetries, Norm Matching, And The Pursuit Of Equity Between The Police And The Public, Eang Ngov
Faculty Articles
Concerns about police abuse and overcriminalization are on the forefront of public conscientiousness. In spite of the Black Lives Matter movement and calls for police reform, law enforcement officials enjoy a variety of criminal procedure loopholes and double standards, which the United States Supreme Court has ratified through its creation of the open fields, mistake of law, and third party doctrines, as well as its acceptance of deceptive police practices. This Article analyzes the asymmetries between permissible civilian conduct and permissible police conduct to make a broader, systemic critique of the double standards and loopholes that pervade constitutional criminal procedure. …
Distilling The Language Of The Law, Stacey A. Tovino
Distilling The Language Of The Law, Stacey A. Tovino
Faculty Articles
No abstract provided.
Diversity Disclosures: Unconstitutionally Compelled Speech By The Sec, Steven Cleveland
Diversity Disclosures: Unconstitutionally Compelled Speech By The Sec, Steven Cleveland
Faculty Articles
No abstract provided.
Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson
Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson
Faculty Articles
International student-athletes are being sidelined from deals that would allow them to reap financial benefits from licensing their name, image, and likeness (“NIL”). The calls to sideline these students are not coming from the NCAA or even the federal agencies in charge of immigration. The calls are coming from overly cautious universities, attorneys, and academics who incorrectly see NIL licensing as work or employment that is incompatible with the visa obligations of international student-athletes. This Article argues that international athletes can license their NIL without violating their visa terms.
Lost In Translation: The Best Evidence Rule And Foreign-Language Recordings In Federal Court, Liesa L. Richter
Lost In Translation: The Best Evidence Rule And Foreign-Language Recordings In Federal Court, Liesa L. Richter
Faculty Articles
The federal court system and the Federal Rules of Evidence are designed around the English language. As the United States becomes increasingly diverse and multicultural, however, a growing number of Americans speak a primary language other than English. The federal courts and the Federal Rules of Evidence must accommodate parties, witnesses, and evidence presented in a foreign language, notwithstanding their English-only orientation. Federal Rule of Evidence 1002, known more colloquially as the Best Evidence Rule, assumes that evidence will come in only one, English flavor, however. The Best Evidence Rule is powerful and straightforward, ensuring that jurors have access to …
Ad Coelum And The Design Of Property Rights, Joseph Schremmer
Ad Coelum And The Design Of Property Rights, Joseph Schremmer
Faculty Articles
This Article seizes on a specific doctrinal discussion in Eric Claeys's Natural Property Rights to argue for the importance of understanding property doctrines in the context of a system of interconnecting rules and standards and not in isolation. The ad coelum doctrine provides that land ownership entails ownership of the suprajacent airspace as well as the underlying subsurface. As Claeys's discussion highlights, scholars disagree about the significance of ad coelum both conceptually, as to what function the rule serves in defining and allocating property, and normatively. It is only by viewing ad coelum in the context of how it interacts …
Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer
Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer
Faculty Articles
There is a growing literature examining when subsurface invasions from activities like tunneling, horizontal drilling, hydraulic fracturing, and waste disposal will constitute actionable subsurface trespasses. Liability for subsurface trespass has become an important question for many reasons, including that a significant climate-change technology, carbon dioxide sequestration, hinges on the ability to inject massive quantities of carbon dioxide underneath the land of many owners. To date, the subsurface trespass scholarship has paid relatively little attention to two topics downstream of liability:private remedies for trespassing subsurface activities. This Article provides a high level account of the role of, and relationship between, private …
Fractional Sovereignty, Roger Michalski
Fractional Sovereignty, Roger Michalski
Faculty Articles
The axiomatic beginning of every conflict of laws case is that a court must choose the law of one sovereign and disregard the law of all other sovereigns. One wins, gets to set the rules and regulate behavior, all others lose. This all-or-nothing scenario is the result of enshrining an old view of indivisible sovereignty into conflict of laws rules. The Article begins by explaining how this happened. Despite the importance of this assumption of indivisibility, no articles have examined why and how it became enshrined in conflict of laws doctrine. All too often it is treated as a truism …
Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez
Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez
Faculty Articles
A few years ago, we developed the concept of “role-reversibility” in AI governance: the idea that it matters whether a party exercising judgment is reciprocally vulnerable to the effects of judgment. This idea, we argued, supplies a deontic reason to maintain certain spheres of human judgment even if (or when) truly intelligent machines become demonstrably superior in every utilitarian sense. While computer science remains far from that holy grail, generative AI is raging through systems as diverse as healthcare, finance, advertising, law, and academe, making it imperative to further shore up our claim. We do so by situating role-reversibility within …
The Concurrent Use Of Land For Carbon Sequestration And Mineral Development, Joseph Schremmer
The Concurrent Use Of Land For Carbon Sequestration And Mineral Development, Joseph Schremmer
Faculty Articles
As carbon capture and sequestration projects gain momentum across the United States, questions about the coordination of sequestration with mineral extraction—especially oil and gas development—are growing in urgency. Using many of the same technologies, these two marvels of modern ingenuity aim to exploit the same subsurface resources for different purposes: one to bring out the hydrocarbons and the other to put away the byproducts of their combustion. From needing to drill through each other’s operations to reach deeper strata, to competing for the use of reservoir storage space (“pore space”), mineral development and carbon sequestration projects are sure to clash, …
How To Survive The Culture Wars: Conflict Of Laws Post-Dobbs, Roger Michalski
How To Survive The Culture Wars: Conflict Of Laws Post-Dobbs, Roger Michalski
Faculty Articles
Abortion is the latest flashpoint in the culture wars. Post-Dobbs, red and blue states are hard at work codifying different approaches within their boundaries. However, pills, women, transactions, medical services, and information will cross those boundaries. Both sides already fight about who gets to regulate such boundary-crossing activity with each accusing the other of trespassing on the regulatory space of their disagreeing neighbors. This is dangerous terrain. A house divided against itself needs tools to mediate and constructively tackle conflict. Without such tools, divisions will deepen and provide an endless stream of incidents to further divide the country. The choice …
The Pro Se Gender Gap, Roger Michalski
The Pro Se Gender Gap, Roger Michalski
Faculty Articles
This article is the first to identify, name, and empirically measure the pro se gender gap. Drawing on a massive dataset of all federal civil dockets spanning 10 years, it finds a 2-to-1 gender imbalance. For every federal female pro se litigant there are two males. This finding is robust and stable. It holds true for plaintiffs, defendants, and other parties. It is also true across most subject areas, across time, across length of litigation, and across states, districts, and circuits. The study excludes prisoner-rights and habeas petitions (including them would widen the gender gap even further). This gender gap …
Privacy For Student-Patients: A Call To Action, Stacey A. Tovino
Privacy For Student-Patients: A Call To Action, Stacey A. Tovino
Faculty Articles
Consider a law student who has a mental or reproductive health issue that the student wishes to keep private. If the student seeks care at an off-campus health clinic that is not affiliated with the student’s law school or university, the student typically has a number of federally enforceable privacy rights. For example, the federal HIPAA Privacy Rule will typically apply and prohibit the clinic from disclosing the student’s protected health information to professors, parents, and other third parties without the student’s prior written authorization. The law student also will have the right to receive a notice of privacy practices, …
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
This article proposes a new means of restraining police power: quantitative limits on the number of law enforcement intrusions—searches and seizures—that may occur over a given period of time. Like monetary constraints, search and seizure budgets would aim to curb abusive policing and improve democratic oversight. But unlike their monetary counterparts, budgets would be indexed directly to the specific police activities that most enable escalation and abuse. What is more, budgets are a tool that finds support, conceptually, in the American framing experience. The Fourth Amendment has long been understood to require procedural limits, such as probable cause, on specific …
Private Sanctions, Public Harm?, Jon J. Lee
Private Sanctions, Public Harm?, Jon J. Lee
Faculty Articles
The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, state disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through the use of private sanctions, keeping the identities of disciplined attorneys—and their misconduct—hidden from view. This Article provides the first comprehensive scholarly contribution on …
The Impact Of Climate Change On The Cultural Identity Of Indigenous Peoples And The Nation’S First “Climate Refugees”, Jordan K. Medaris
The Impact Of Climate Change On The Cultural Identity Of Indigenous Peoples And The Nation’S First “Climate Refugees”, Jordan K. Medaris
American Indian Law Review
No abstract provided.
Indigenous Boarding Schools In The United States And Canada: Potential Issues And Opportunities For Redress As The United States Government Initiates Formal Investigation, Keiteyana I. Parks
Indigenous Boarding Schools In The United States And Canada: Potential Issues And Opportunities For Redress As The United States Government Initiates Formal Investigation, Keiteyana I. Parks
American Indian Law Review
No abstract provided.
State Ex Rel. Matloff V. Wallace: Reversing Course On Subject Matter Jurisdiction, Andrew Case
State Ex Rel. Matloff V. Wallace: Reversing Course On Subject Matter Jurisdiction, Andrew Case
American Indian Law Review
No abstract provided.
Cooley’S Hidden Ramifications: Has The Supreme Court Extended The Terry Doctrine For Automobile Searches To The Point Of Eliminating Probable Cause?, Thomas G. Hamilton
Cooley’S Hidden Ramifications: Has The Supreme Court Extended The Terry Doctrine For Automobile Searches To The Point Of Eliminating Probable Cause?, Thomas G. Hamilton
American Indian Law Review
No abstract provided.
“The Center Cannot Hold”: Nation And Narration In American Indian Law, Chantelle Van Wiltenburg
“The Center Cannot Hold”: Nation And Narration In American Indian Law, Chantelle Van Wiltenburg
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2022 Native American Law Student Association Moot Court Competition, Daniel Ahrens, Case Nieboer
Winner, Best Appellate Brief In The 2022 Native American Law Student Association Moot Court Competition, Daniel Ahrens, Case Nieboer
American Indian Law Review
No abstract provided.