Law Commons^™

Contract Law (Taylor’S Version): The Legality Of Extended Re-Recording Clauses In Record Label Contracts, Raquelle Rocco

Student Works

No abstract provided.

One Size Doesn’T Fit All: Critical Issues Facing The Wnba Collective Bargaining Agreement, Caroline A. Staff

Student Works

No abstract provided.

“Extraordinary” Means Extraordinary: Why Courts Should Refuse To Apply Sentencing Minimum Reductions In Compassionate Release Petitions, J.M. Icasiano

Student Works

No abstract provided.

Kingsley And The Deliberate Indifference Circuit Split, Kevin Scanlon

Student Works

No abstract provided.

Pregnancy Discrimination In Women’S Sports: An Analysis Of What Has Been Done, And What There Is Still Left To Do, Jordan Decrescente

Student Works

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Breaking Through The Defense: Reassessing Mls’S Single-Entity Defense, Andreas N. Antoniades

Student Works

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Reinvestment Not Restriction: Modernizing Mlb’S Economic Framework Without A Salary-Cap, Noah J. Hagedoorn

Student Works

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Ncaa's Eligibility Rules - Pathways For Meaningful Change, Guido John Alfonso Salandra

Student Works

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A Call For A Stronger Framework: The Lack Of Constitutional Protections Against Student Cell Phone Searches, Gabriella Labarbera

Student Works

No abstract provided.

Decomposing Shadow Prices Under Climate-Driven Growth Scenarios: Insights From An Elk Herd Case Study, Ranjit Bawa, Drew Bennett, Wai Yan Siu, Bailey Kirkland, David Finnoff, Jacob Hochard

ODU Articles

Natural capital accounting provides a framework for integrating ecological processes with economic valuation, but the mechanics of shadow price formation often remain opaque to resource managers and policymakers. Using the Clarks Fork elk herd in northwestern Wyoming as a case study, we decompose the shadow price of natural capital into its ecological, economic, and institutional components. Population dynamics are estimated using a linearized Ricker model and projected forward using a logistic projection, incorporating climate-driven reductions in intrinsic growth rates. These ecological scenarios are linked to a shadow pricing formulation that explicitly accounts for marginal benefits, harvest policy responses, discounting, and …

The Stored Communications Act At 40: Re-Examining Ecs And Rcs In The Age Of Ai, Shanzay Pervaiz

Joint PIJIP/TLS Research Paper Series

Shanzay Pervaiz, Senior Legal Researcher, examines the Stored Communications Act (SCA) almost forty years after its enactment, focusing on how its core definitions of “electronic communication service” (ECS) and “remote computing service” (RCS) play a central role in regulating domestic and global government access to data. The definitions still shape key U.S. authorities such as FISA Section 702, the CLOUD Act, and international instruments governing law enforcement access to data, including the Budapest Convention and the United Nations Convention on Cybercrime. The paper also looks at the legislative history of the SCA, how U.S. courts define ECS and RCS, and …

Applying The Indian Commerce Clause To Indian Commerce, Adam Crepelle

Faculty Publications & Other Works

Indian country commerce generates tens of billions of dollars annually and is a constant source of litigation. These disputes typically revolve around jurisdictional conflicts: whether states, tribes, or both possess regulatory authority over the business operating in Indian country, particularly those involving non-Indians. Despite numerous court cases, no clear legal framework has emerged, creating pervasive uncertainty regarding fundamental issues, such as state taxation of tribal transactions and the proper forum for resolving Indian country contract disputes. Interestingly, these commercial cases overlook the Indian Commerce Clause—the constitutional provision designed to address such matters.

This Article argues the Indian Commerce Clause prohibits …

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Lack Of Player Protection Revealed Under Mlb’S Joint Domestic Violence, Sexual Assault And Child Abuse Policy And Necessary Changes To Avoid Arbitrary Disciplinary Actions., Maureen J. Camacho

Student Works

No abstract provided.

Telemedicine Fraud: Exposing Vulnerabilities And Recommended Solutions, Evander Tang

Student Works

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Reforming The No Surprises Act: Addressing Structural Deficiencies To Protect Patients From Unexpected Medical Bills, Elvin Migirov

Student Works

No abstract provided.

Penalties For Prevention? The Case For Enacting A Safe Harbor Provision For Apoe Screening, G. Davis Rieser

Student Works

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Commander In Cyberspace: A Comprehensive Review Of The President’S Authority To Conduct Military Cyber Operations, Bryan Gonzalez

Student Works

No abstract provided.

The First Amendment: Sacrificing The Well-Being Of Minors For The Absolutism Of Freedom Of Speech, Nikki Carr

Student Works

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Normative Jurisprudence & Good Government, Zachary A. Chin

Student Works

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The Need For A Federal Anti-Slapp Statute Following The Increase In Defamation Lawsuits As A Result Of Cancel Culture, Gabrielle Marchisin

Student Works

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Court Of Arbitration For Sport: A Flawed But Necessary System That Will Shape The Future Of The Olympic Games, For Better Or For Worse, Michael Digeronimo

Student Works

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The Court Of Arbitration For Sport: An Investigation Into Its Issues And Solutions Which Can Restore Its Legitimacy As “The Supreme Court Of Sports.”, Alex Kingsley

Student Works

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The Newest Advancement For Collegiate Athletes And Their Fight For Employment Status, Olivia Tomasula

Student Works

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Large Deferred Salary Contracts Are Adding To The Current Payroll Disparity In Baseball, Rachel Zayon

Student Works

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How Can Policy Tools Prevent Sanctions Evasion Through Cryptocurrency And Improve Sanctions Law Compliance?, Austin Mun

Student Works

No abstract provided.

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé

Student Works

No abstract provided.

Liability Of Employer Organizations In Relation To Abuse Committed By Employees: The Nassar Usa Gymnastics And Michigan State University Abuse Scandal, Julia Rossinow

Student Works

No abstract provided.