Law Commons^™

What To Expect When Someone Is Expecting For You: New Jersey Needs To Protect Parties To Gestational Surrogacy Agreements Following In Re T.J.S., Melissa Ruth

Villanova Law Review (1956 - )

No abstract provided.

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Articles

No abstract provided.

Escaping The American Blot? A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, Emily Buss, William Buss

Articles

No abstract provided.

The Equality Taboo, David A. Strauss

Articles

No abstract provided.

Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq

Articles

No abstract provided.

Arizona And Anti-Reform, Nicholas Stephanopoulos

Articles

No abstract provided.

Sit… Stay… Now Beg For Me: A Look At The Courthouse Dogs Program And The Legal Standard Pennsylvania Should Use To Determine Whether A Dog Can Accompany A Child On The Witness Stand, Matthew Kaiser

Villanova Law Review (1956 - )

No abstract provided.

2015 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Clinics News, page 8

Faculty Briefs, page 10

New Dean, New Era, page 14

Creative Enterprise, page 18

Tech Talks, page 26

Helping Clients: Clinics in Action, page 30

Student Briefs, page 34

Movers & Shakers, page 36

Alumni News & Class Notes, page 37

Advancement News, page 44

In Memoriam, page 47

End Note, page 48

Abuse And Harassment Diminish Free Speech, Anita Bernstein

Faculty Scholarship

No abstract provided.

On The Clock: Incorporating A Timed Motion Brief Assignment To Promote Efficiency And Self-Awareness In The Writing Process, Cecilia Silver

Faculty Scholarship

No abstract provided.

The District Court Tried To Make Me Go To Rehab, The Eleventh Circuit Said "No, No, No": The Divide Over Rehabilitation's Role In Criminal Sentencing And The Need For Reform Following United States V. Vandergrift, Kristen Ashe

Villanova Law Review (1956 - )

No abstract provided.

The First Circuit Strikes Out In Jones V. City Of Boston: A Pitch For Practical Significance In Disparate Impact Cases, Michael Stenger

Villanova Law Review (1956 - )

No abstract provided.

Shut The State Court's Doors: Diversity Jurisdiction Over National Banks In The Ninth Circuit's Rouse V. Wachovia Mortgage, Fsb, Melissa Siravo Hensinger

Villanova Law Review (1956 - )

No abstract provided.

By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller

Loyola of Los Angeles Entertainment Law Review

This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …

Ridesharing's House Of Cards: O'Connor V. Uber Technologies, Inc. And The Viability Of Uber's Labor Model In Washington, Henry Ross

Washington Law Review

Ridesharing companies, namely Uber and Lyft, have taken the transportation market by storm. These companies offer a competitive alternative to taxis through using smartphone apps and more efficient service offerings. As part of their business model, ridesharing companies treat their drivers as independent contractors rather than employees to minimize labor costs. However, drivers do not benefit from remedial labor statutes and thus (1) must pay for operating costs, (2) are not guaranteed a minimum wage, and (3) do not receive overtime pay. In O’Connor v. Uber Technologies, Inc., a class of California Uber drivers are challenging their independent contractor …

Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint

Loyola of Los Angeles Entertainment Law Review

This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …

Should Contributory Cybersquatting Be Actionable?, Nicholas Foss Barbantonis

North Carolina Journal of Law & Technology

No abstract provided.

Intra-Agency Coordination, Jennifer Nou

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Agreement on Iran Nuclear Program Goes into Effect • United States and China Reach Agreement Regarding Economic Espionage and International Cybersecurity Norms • United States Ratifies the International Convention for the Suppression of Acts of Nuclear Terrorism • United States Reaches Agreement with Turkey on Use of Incirlik Air Base for Strikes on ISIL; “Safe Zone” Not Part of the Deal

Balancing Effects Across Markets, Daniel A. Crane

Articles

In Philadelphia National Bank (PNB), the Supreme Court held that it is improper to weigh a merger's procompetitive effects in one market against the merger's anticompetitive effects in another. The merger in question, which ostensibly reduced retail competition in the Philadelphia area, could not be justified on the grounds that it increased competition against New York banks and hence perhaps enhanced competition in business banking in the mid-Atlantic region. I will refer to the Supreme Court's prohibition on balancing effects across markets as a "market-specificity" rule. Under this rule, efficiencies that may counterbalance anticompetitive aspects must be specific to …

The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Articles

Catastrophes from severe weather are perhaps the costliest accidents humanity faces. While we are still a long way from technologies that would abate the destructive force of storms, there is much we can do to reduce their effect. True, we cannot regulate the weather, but through smart governance and correct incentives we can influence human exposure to the risk of bad weather. We may not be able to control wind or storm surge, but we can prompt people to build sturdier homes with stronger roofs far from floodplains. We call these catastrophes "natural disasters," but they are the result of …

The Incompatibility Of Due Process And Naked Statistical Evidence, G. Alexander Nunn

Faculty Scholarship

Numerous articles and commentaries have grappled with an undeniable feeling of injustice that comes from wrestling with naked statistical evidence. Even if, from a purely quantitative standpoint, the weight of the evidence supports the imposition of liability on a defendant, the sole use of probabilities to assess this liability seems innately unfair. This tension has spawned a great debate that questions the role of naked statistical evidence in today’s legal system. Contributing to this discourse, this Note argues that, in certain circumstances, the use of naked statistical evidence constitutes a due process violation. United States circuit courts have held that …

Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr

Articles

Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …

Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen

Faculty Publications

Times change. A statute passed today may seem obsolete tomorrow. Does the Constitution dictate when a law effectively expires? In Shelby County v. Holder, the 2013 decision that invalidated a provision of the Voting Rights Act, the Court seems to answer that question in the affirmative. Although rational and constitutional when written, the Court held that the coverage formula of the law grew to be irrational over time and was unconstitutional now because it bears “no logical relation to the present day.” This reason for invalidating a law is puzzling. The question answered in Shelby County was not about whether …

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Faculty Publications

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.

Taxonomy Of The Snowden Disclosures, Margaret Hu

Faculty Publications

This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …

The Voting Rights Act, Questions Of Deference & Legislative Facts In A Digital Age, Allison Orr Larsen

Faculty Publications

AALS Constitutional Law Panel (January 5, 2015)

Title Page

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein

South Carolina Law Review

No abstract provided.