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Full-Text Articles in Law

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Sep 2917

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. …


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

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

Montana Law Review

Teschner v. Commissioner


Masthead Oct 2024

Masthead

UC Law Constitutional Quarterly

No abstract provided.


The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth Oct 2024

The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth

UC Law Constitutional Quarterly

This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle. Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …


How American Society And Law Continue To Prevent People With Disabilities Seeking Education And Employment, Angelica Guevara Oct 2024

How American Society And Law Continue To Prevent People With Disabilities Seeking Education And Employment, Angelica Guevara

UC Law Constitutional Quarterly

Our Founders specifically identified education as necessary to economic success and full participation in our democracy and society. However, the Supreme Court held in San Antonio Independent School District v. Rodriguez that education in America is not a constitutional right; instead, it is a commodity that few can afford. Then, in 2023, Biden v. Nebraska exposed the direct result of that ruling: the average American––regardless of their disability status––struggles to pay back their student loans, even when they have a well-paying job. The student debt crisis significantly impacts the economic future of students with disabilities, who make on average sixty-six …


Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada Oct 2024

Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada

UC Law Constitutional Quarterly

While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …


Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram Oct 2024

Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram

UC Law Constitutional Quarterly

In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …


Editor-In-Chief’S Forward, Zoë Grimaldi May 2024

Editor-In-Chief’S Forward, Zoë Grimaldi

UC Law Constitutional Quarterly

No abstract provided.


Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn Feb 2024

Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn

Arkansas Law Review

Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …


The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson Feb 2024

The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson

Arkansas Law Review

This Comment will: (1) compare and contrast the data privacy laws in the United States and the European Union; (2) demonstrate the significant risk American consumers are subject to under the United States’ current laws and regulations; and (3) address the protections provided by the European Union’s explicit opt-in consent requirement that would ensure safer conditions for American consumers.


Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit Feb 2024

Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit

Arkansas Law Review

An open banking system exists when a third-party financial service provider has access to consumer financial information. What if the United States could be on the forefront of the next banking industry change? A well implemented system would mean a new, accessible way to make a transaction. This Comment will explore how the United States can implement an open banking system. First, this Comment defines open banking against the backdrop of the traditional transaction model. Next, this Comment describes the United Kingdom’s adoption of open banking, focusing on the benefits and detriments created by its adoption. Third, this Comment describes …


Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari Feb 2024

Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari

Arkansas Law Review

The consumer credit market, and particularly the credit card market, lacks perfect competition. Though usury laws and regulation of charges are germane to our findings, this Article focuses largely on disclosure. Specifically, we examine whether consumers understand the disclosures mandated for credit cards in the medium in which many consumers now engage in financial transactions. This Article proceeds as follows: Part I presents some basics on consumer protections for credit cards. Part II reviews the literature concerning disclosures on smartphones. Part III discusses our methodology. Part IV reports our findings. Part V suggests some normative implications.


Torts And Personhood, Melissa Mortazavi Feb 2024

Torts And Personhood, Melissa Mortazavi

Arkansas Law Review

Perhaps more so than ever, legal personhood is contested. Part I of this Article lays out an overview of existing tort theories exposing the limitations of existing paradigms. This positions the reader to consider in Part II the core assertion of this paper: that a fundamental role of torts is to define personhood. As such, it explores the idea that a principal project that each tort case and litigant is engaged with is not truly about money, property, or even pain per se—it is about determining who is seen.


Contents, Journal Editors Feb 2024

Contents, Journal Editors

Arkansas Law Review

No abstract provided.


Arkansas Law Review - Volume 76 Issue 3, Journal Editors Feb 2024

Arkansas Law Review - Volume 76 Issue 3, Journal Editors

Arkansas Law Review

No abstract provided.


Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich Feb 2024

Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich

Penn State Journal of Law & International Affairs

No abstract provided.


Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen Feb 2024

Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen

Penn State Journal of Law & International Affairs

No abstract provided.


Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula Feb 2024

Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula

Penn State Journal of Law & International Affairs

No abstract provided.


Data Privacy And China's “Super App” Wechat, Wan Li Feb 2024

Data Privacy And China's “Super App” Wechat, Wan Li

Penn State Journal of Law & International Affairs

No abstract provided.


The Trips Trap Revisited, Roya Ghafele, Adam Chaddock Feb 2024

The Trips Trap Revisited, Roya Ghafele, Adam Chaddock

Penn State Journal of Law & International Affairs

No abstract provided.


Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen Feb 2024

Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword Feb 2024

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents Feb 2024

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication Feb 2024

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Dizzying: An Introduction, David A. Westbrook Feb 2024

Dizzying: An Introduction, David A. Westbrook

Buffalo Law Review

No abstract provided.


Consider Buffalo, Pierre Schlag Feb 2024

Consider Buffalo, Pierre Schlag

Buffalo Law Review

No abstract provided.


On Preparing The Soil For Rain, Errol Meidinger Feb 2024

On Preparing The Soil For Rain, Errol Meidinger

Buffalo Law Review

This Essay examines several possibilities for improving our thinking about the vexing, multifaceted problem of revitalizing languishing regions of the United States. Its jumping-off point is an important work of socio-economiclegal history: While Waiting for Rain: Community, Economy, and Law in a Time of Change, by John Henry Schlegel. The book seeks to understand the steady decline of US regional economies, particularly Buffalo, following a period of relatively high prosperity from World War II through the 1950s; its tandem question is how those economies might be revived. Based on a very full and rich exposition, Schlegel argues that, like farmers …


The Tragedy Of The (Not So Much In) Common(S), George M. Williams Jr. Feb 2024

The Tragedy Of The (Not So Much In) Common(S), George M. Williams Jr.

Buffalo Law Review

No abstract provided.


While Waiting For Capital To Rain, Matthew Dimick Feb 2024

While Waiting For Capital To Rain, Matthew Dimick

Buffalo Law Review

No abstract provided.


While Waiting For Virtue: Comments On Schlegel’S While Waiting For Rain, James A. Gardner Feb 2024

While Waiting For Virtue: Comments On Schlegel’S While Waiting For Rain, James A. Gardner

Buffalo Law Review

No abstract provided.