Law Commons^™

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

Montana Law Review

Teschner v. Commissioner

Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley

Hofstra Law Review

The Robinson-Patman Act (“RPA”) is a federal law enacted in 1936. Congress’s goal in drafting this historic legislation was to protect and promote democracy and individual liberty in the United States by supporting the creation and vitality of small and independent businesses, thereby distributing power and opportunity within the U.S. political economy.This Article provides a robust defense of Congress’s goals and intentions in enacting the RPA as well as a detailed history of how the Act benefited American society when it was vigorously enforced. It concludes with thoughts on how the RPA can be used to revitalize today’s economy, thus …

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

Daca's Major Questions Exception, Matthew Calabrese

Hofstra Law Review

The Supreme Court has extracted a new role as the gatekeeper of administrative action under the major questions doctrine. Underlying the doctrine is an understanding that agencies cannot act to address policy issues implicating questions of great political and economic significance unless specifically authorized by Congress. However, DACA presents a different question that should be exempted from the major questions doctrine. This is because DACA relies on two levels of executive authority: statutory—under the Immigration and Nationality Act and the Homeland Security Act—and constitutional—under the Take Care Clause. Because, as this Article explains, the two authorities cannot be disentangled, courts …

Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis

Hofstra Law Review

No abstract provided.

The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan

Hofstra Law Review

No abstract provided.

The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard

Hofstra Law Review

The article focuses on addressing the adolescent mental health crisis within the framework of family court planning, particularly in the context of parental separation and divorce. It emphasizes the need for comprehensive planning processes within family courts to integrate Family Dispute Resolution (FDR) as a central strategy for tackling this crisis effectively. It seeks to enhance mental health services for adolescents involved in family court proceedings.

Front Matter

Hofstra Law Review

No abstract provided.

Does The Federal Budget Trump Constitutional Rights, Laura Snyder

Hofstra Law Review

Even though most Americans living outside the United States do not owe U.S. federal income tax, the U.S. nationality-based income tax system nevertheless places considerable burdens on them. In doing so, the system violates Fourteenth Amendment equal protection as well as other constitutional and human rights. The purpose of the system is not to raise revenue. Instead, its purpose is to punish and scapegoat American nationals living outside the United States, for no reason other than the fact that they live outside the United States. This is evidenced by the statements and actions of policymakers as well as by Internal …

A Take On "Special Solicitude" In State Standing: Reconciling The Unreconcilable, Audrey M. Woodward

University of Cincinnati Law Review

No abstract provided.

Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub

University of Cincinnati Law Review

No abstract provided.

The Major Question: Who Wants A Functioning Government?, Christian Thompson

University of Cincinnati Law Review

No abstract provided.

Accommodations Wanted: Interpreting The Role Of Adverse Employment Actions In Failure-To-Accommodate Claims, Sadie Sand

University of Cincinnati Law Review

No abstract provided.

Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle

University of Cincinnati Law Review

No abstract provided.

The Legal Landscape After Roe's Reversal, Rachel Rebouché

University of Cincinnati Law Review

No abstract provided.

Public Men's Rooms And The Legal Construction Of Gender And Privacy, Steven J. Macias

University of Cincinnati Law Review

This Article examines how the law is complicit in educating and socializing children into the cultural practices of gender and privacy. It accomplishes this by analyzing case law that involves minors and men’s public bathrooms. The men’s room is a place rife with social ambiguity, an ambiguity that has come to a head in recent transgender school bathroom cases. Although this Article is primarily concerned with the men’s bathroom as an important legal site in the development of gender and privacy for all youth, it discusses transgender (trans) rights cases as presenting the most fundamental challenge to the hegemonic logic …

Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill

University of Cincinnati Law Review

Federal agencies have caught the artificial intelligence (AI) bug. A December 2023 report by the Government Accountability Office found that twenty of twenty-three federal agencies surveyed reported using some form of AI, with about two hundred current use cases for algorithms and about one thousand more in the planning phase. These agencies are using algorithms in all aspects of administration, including rulemaking, adjudication, and enforcement. The risks of AI are well-documented. Previous work has shown that algorithms can be, among other things, biased and prone to error. However, perhaps no problem poses a more serious threat to the use of …

Rural Renting: An Empirical Portrait Of Eviction, Cassie Chambers Armstrong, Christopher J. Ryan Jr.

University of Cincinnati Law Review

In this Study, we examine eviction from the renter’s perspective. Specifically, we seek to understand what factors influence the eviction process—and the likelihood it will result in a judgment against a renter—once a property owner initiates legal proceedings. To this end, we used records from 202,572 eviction cases filed by landlords in Kentucky state courts. We employed statistical modeling to determine what impacted whether each case ultimately ended in a judgment of eviction against the renter.

Many of our findings were novel, and they were staggering. We found that, holding all else equal, those living in rural areas were at …

Fighting For Abortion Access In Canada: A Constitutional Analysis, Jordana Borzellino

Dalhousie Journal of Legal Studies

Access to abortion is a controversial matter that creates a labyrinth of polarizing issues. Perspectives on abortion range from anathema to overzealous support, with stakeholders occasionally resorting to legal avenues to control access one way or another. This paper will explore the possibility of protecting and expanding access to abortion through constitutional mechanisms in the Canadian legal landscape. By analyzing Canada's current degree of access, this paper will explain that abortion services for those in need are inadequate. In order to advocate for greater access, this paper examines a multitude of legal tools and doctrines to constitutionally protect access to …

Streaming Service Arms Race: Protection And Distribution Of Live Sports Broadcasting In A Cord-Cutting Environment, Leo Bourgeois

Dalhousie Journal of Legal Studies

This paper highlights the disparity in meeting consumer expectations for broadcasting sports content. The current shift to online streaming services creates accessibility and affordability challenges, leading to an increase in illegal streaming. The existing copyright laws in Canada and the U.S. have some limitations in enforcing the rights of sports media rights holders against primary or secondary infringement, and intermediaries face difficulties in removing infringing content. While injunctions and site-blocking orders are potential solutions, they may not completely combat online piracy. A possible solution is a centralized streaming service to address piracy while improving customer satisfaction. However, concerns about feasibility, …

The Potential Impact Of Charter Section 28 On Quebec's Controversial Secularism Law And The Pursuit Of Gender-Equality In Canadian Courts, Nywani Albert

Dalhousie Journal of Legal Studies

The Western liberal democratic order, anchored in respect for individual rights and constitutional norms, faces a critical challenge as Quebec follows the pattern of several European nations in enacting laws restricting religious attire. While the Quebec Law 21, “An Act Respecting the Laicity of the State,” is ostensibly neutral, it particularly restricts Muslim women's rights. This paper explores an ongoing, novel legal strategy challenging Quebec's secularism law, focusing on Section 28 of Canada's Charter of Rights and Freedoms. While Section 28 mandates gender equality in Charter implementation, its potential remains largely unexplored in the decades since Charter enactment. Drawing …

Prescription Practices, Anti-Psychotics, And Covid-19: An Intersectional Examination Of The Long-Term Care Home Setting In Canada, Olivia Ramos

Dalhousie Journal of Legal Studies

Public discourse and concern over the state of long-term care homes in Canada has been ongoing over the last two decades. One of the main sources of these concerns is the off-label prescription of anti-psychotic medications to long-term care home residents. Off-label use of pharmaceuticals is common and can be beneficial in certain contexts, however, there is a risk of anti-psychotics being used as an inappropriate means of managing patients chemically in the long-term care home setting. This paper engages in three lines of inquiry: first, the regulatory landscape of on and off-label prescription in Canada; second, the off-label use …

Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf

Dalhousie Journal of Legal Studies

The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …

Journal Staff

Duke Law Journal

No abstract provided.

(Ctrl + F)Ourth Amendment Searches Of Digital Storage Devices: A Novel Framework, James Mullen

Duke Law Journal

Judges frequently analogize physical precedents when applying Fourth Amendment law to searches of digital storage devices. But these analogies do not map well from physical to digital spaces because they overlook fundamental structures of digital storage. And the stakes are high—courts’ errors lead to oversearches that irreparably harm device owners regardless of the suspects’ guilt or innocence. This Note examines the structure of common digital storage devices and courts’ erroneous attempts to apply Fourth Amendment law to them.

This Note also proposes a novel two-phase framework that would curb oversearch. The framework uses a forensic program to conduct a limited …

Relocating Justice, Ruhan Sidhu Nagra

Duke Law Journal

Managed retreat —the planned relocation of people facing imminent climate threats—is an inevitable part of future climate adaptation in the United States. Given that Black, Brown, and low-income communities are disproportionately vulnerable to climate hazards, managed retreat has significant justice implications. This Article explores what I call an apparent “justice paradox”—two “justice problems” with managed retreat that seem to point to opposite solutions. On the one hand, managed retreat can be inaccessible to marginalized communities, many of whom lack the resources to successfully navigate the relocation process. This justice problem suggests that decision-makers should prioritize managed retreat for marginalized communities …

Getting To Home: Understanding The Collateral Consequences Of Negative Records In The Rental Housing Market, Sara Sternberg Greene, Barbara Kiviat, Hesu Yoon

Duke Law Journal

The United States faces a rental housing crisis marked by a scarcity of housing supply, leading to intense competition among prospective tenants. This crisis is a particular challenge for the more than one hundred million U.S. residents burdened with negative records such as criminal records, debts in collections, and evictions. Landlords have more access than ever to applicants’ information, yet little is known about how landlords process and think about these records to make housing decisions. This Article draws on theories of cultural sociology to provide a data-driven understanding of how landlords conceptualize the value of several types of personal …

Antitrust Without Competition, Daniel Francis

Duke Law Journal

Competition is everywhere in antitrust. Courts, agencies, and scholars routinely insist that antitrust can, does, and should measure the legality of conduct by asking whether it has harmed or promoted “competition.” The idea that competition is, without further definition, a coherent value that can be increased or reduced—and used to guide the development and application of antitrust rules—has dominated doctrine for a century, and is deployed freely by judges, enforcers, and writers across the political spectrum.

This does more harm than good, and it should stop. There is no single value or quantity, in economics or antitrust law, that competition …

Access To Civil Justice In The Age Of Ai: Mindsets & Pathways To New Practices, Natalie Anne Knowlton

Ohio Northern University Law Review

No abstract provided.