Law Commons^™

Reverberations Of Magna Carta: Work Injuries, Inkblots, And Restitution, Michael C. Duff

All Faculty Scholarship

This article argues that workers in the United States have been unconstitutionally undercompensated for their work injuries for at least a century. This provocative fact, coupled with statistics showing that over 120,000 people per year die from workplace injury and occupational disease, suggests a looming post-pandemic struggle for better injury remedies and safer workplaces. Workers’ compensation, the current state-based system by which American workers receive compensation for work-related injury and death, was obtained from legislatures as a “Grand Bargain,” the value of which has significantly deteriorated over time; and the constitutional coherence of which has been impacted by the obvious …

Meat, The Future: The Role Of Regulators In The Lab-Grown Revolution, Joseph B. Davault, Michael S. Sinha

All Faculty Scholarship

The United States is one of the largest consumers of meat globally. The production of meat contributes substantially to climate change due to the levels of greenhouse gasses emitted and the amount of land, water, feed, and other natural resources required to raise animals used for meat. Traditional meat production is another major source for the emergence of zoonotic diseases and antimicrobial-resistant pathogens. Nevertheless, Americans consume more meat now than at any time in the nation’s history.

Advocates for policy change aimed at addressing the risks associated with meat production have typically focused on reducing meat consumption, alternatives to meat, …

The “Ownership” Of Real Property: The Consequences Of Kelo V. City Of New London, Joseph E. Decker

Student Works

No abstract provided.

Judicial Review Of Settlements Under The Class Action Fairness Act And Deference Due To The Department Of Justice And State Attorneys General, Michael E. Solimine, Hailey Martin

Faculty Articles and Other Publications

The Class Action Fairness Act of 2005 (CAFA) made it easier to remove consumer class actions from state to federal court, and among other things regulates the procedure of federal court approval of settlements of those cases. CAFA requires that before any court approval or disapproval, the parties must notify the Attorney General of the United States, and the attorneys general of states where members of the class live, of the pending settlement in order to receive any objections or other input. While such notice is frequently sent, since most class action cases settle out of court, it appears that …

Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, Michael E. Solimine

Faculty Articles and Other Publications

Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the Warren and Burger Courts. An underappreciated influence on the change is the method by which those cases reached the Court’s docket. A significant number of the cases reached the Court’s docket not by discretionary grants of writs of certiorari, as occurred in most other cases, but by mandatory appeals directly from three-judge district courts. This article makes several contributions regarding the important changes in these doctrines during the Warren Court …

Decency And Responsibility: Preserving Egyptian Tally Cloth Cultural Heritage And Protecting The Intellectual Property Of Egyptian Artisans., Noha Fawzy Ph.D, Marwa Zein Ph.D, Ahmed Elseragy Ph.D, Catherine Harper Ph.D

Arts and Design

Tally is an exquisite Egyptian netting fabric, cotton or linen with nickel silver, copper or brass strip embroidery, a powerful symbol of Egypt's opulent textile and artisanal culture. Traditionally handmade, it originated in Upper Egypt’s Asyut region where ancient Egyptian makers pioneered embellishment of translucent cloth with metallic threads. Its iconography - geometric flora, fauna, humans and camels – in black, white or ecru. With beautiful drape and fluidity, it is a highly valued part of Egypt’s rich cultural heritage.

Preserving Tally and protecting the intellectual property rights of its artisans is urgent to ensure sustainable livelihoods, safeguard this unique …

The Merging Of Ownership And Control, Tomer S. Stein

Scholarly Works

What if shareholders controlled every decision their company makes? This seemingly simple idea threatens to upend the modern corporation.

Shareholders own the corporation and directors and officers manage the corporation—a “separation of ownership and control” that has become a defining characteristic of our modern economy. As per conventional wisdom, the law enables separation of ownership and control by not prohibiting owners and employees from exercising their contractual freedom to hire and work for one another.

This Article demonstrates that this widely held view is incomplete and detrimental to the economy. Much of the economic activity that utilizes the corporate form …

The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff

All Faculty Scholarship

This essay discusses justice issues surrounding occupational safety and health and assesses the ethical legitimacy—the justice—of regulatory cost benefit analysis when the costs in question involve the risks and realization of workplace injury and fatalities. The current “value of a statistical life” for legal-regulatory purposes is 13.1 million dollars. While economists are careful to say that this figure does not “really” represent an attempt to value any particular life, the purpose of even calculating the number is to provide an “aggregated” statistical justification for saying “no” to rules requiring safer work. This seems acceptable until you, or someone you love, …

Water, Water, Everywhere, And Not A Drop Of Justice: International Water Crimes In The Anthropocene, Matthew J. D’Amato

Student Works

No abstract provided.

Navigating The Equal Terms Maze: Reconciling Circuit Splits On Rluipa's Land Use Protections, Najma Hassan

Student Works

No abstract provided.

Child Marriage In Relation To The Free Exercise Clause And The Establishment Clause, Mahima Alam

Student Works

No abstract provided.

A Lesson To Learn: Transgender Students Face Discriminatory School Policies In Texas, Randy Terhune

Student Works

No abstract provided.

School Choice And The First Amendment, Symone Cirton

Student Works

No abstract provided.

The European Union’S Leadership In Regulating Artificial Intelligence: The Danger In Allowing U.S. Corporations To Self-Determine That Their Chosen Ai Systems Do Not Fall Within The High-Risk Category, Anthony M. Schlass

Student Works

No abstract provided.

Adaptive College Athletics: The Champion Medals Await Those Collegiate Universities Who Compete, Peter Galati

Student Works

No abstract provided.

Ncaa Videogames: How The Litigation That Cancelled Ncaa Football Has Led To Its Comeback, Peter Shah

Student Works

No abstract provided.

Toward Objectivity In International Criminal Law: Modeling Genocide, Kevin Chamow

Student Works

No abstract provided.

Ncaa: Not Comprised Of Amateurs Anymore, Michael Reilly

Student Works

No abstract provided.

Mental Illness And Medical Assistance In Dying, Sophia Gengaro

Student Works

No abstract provided.

A Case For Further Environmental Protections Of Endangered Animals’ Habitats And A Limitation Of State Agency Power, Jacob T. Norris

Student Works

No abstract provided.

Free Exercise Challenges To Entheogen Prohibitions: Precedents, Principles, And Issues, Kevin Chamow

Student Works

No abstract provided.

A Promise Yet Unfulfilled: The Yates Memo’S Impact On Individual Accountability For Corporate Wrongdoing Eight Years On, Kevin P. Turner

Student Works

No abstract provided.

The Advertising Pipeline: Priming Today’S Youth To Be Tomorrow’S Heavy Rollers, Alison Opdyke

Student Works

No abstract provided.

Once Upon A Crime In America: Time For The Wire Act To Do The Disappearing Act, Alex Sieburth

Student Works

No abstract provided.

Essential But Unvalued: Incarcerated Workers Deserve The Same Standards And Protections As Free Workers., Lisa Roe

Student Works

No abstract provided.

No Way To Die: A Proposal For Expanding New Jersey’S Medical Aid In Dying Act By Removing The “Terminal Illness” Requirement To Include Patients With Severe And Persistent Mental Illness, Liam Cosgrove

Student Works

No abstract provided.

The Undertreatment Of Patients With Chronic Pain Due To The Opioid Crisis, Nicole Ng

Student Works

No abstract provided.

An Exploration Of The Jurisprudence Of The National Bank Through Hamiltonian And Jeffersonian Legal Lenses, Nadia Ghazal

Student Works

No abstract provided.

“To See Or Not To See: The Supreme Court’S Constant Struggle With The Constitutionality Of Race-Conscious Affirmation Action Policies Post-Brown.”, Emme Anderson

Student Works

No abstract provided.

Extremely Wicked, Shockingly Evil, And Vile Minds: Insanity And Competency In Courts, Sarah Elsakhawy

Student Works

No abstract provided.