Law Commons^™

Clarence Thomas: A Fiercely Independent Mind And Originalist, Katherine Dadulla

Student Works

No abstract provided.

Insolvency Law And Attempts To Prevent Abuse And Forum Shopping In The Eu, Joseph A. Caneco

Student Works

No abstract provided.

Finding The Perfect Balance: Combating Cyber Attacks Without Intruding On Civil Liberties, Andrew Richman

Student Works

No abstract provided.

Drones And Machine Learning Analytics – The Best Way To Provide Privacy Safeguards On Drone Surveillance Is With Technology, Not Law, Victoria Dorum

Student Works

No abstract provided.

Crowding The Exits: Quantitative Equity Market Portfolio Endogenity, And 13f Disclosure As Catalyst For Systemic Liquidityshock And Contagion, William Evan Gorman

Student Works

No abstract provided.

There Is No Islam In Isis’ Islamic State, Branka Banic

Student Works

No abstract provided.

Little Sisters Of The Poor Home For The Aged, Denver, Colorado, Et Al., Petitioners V. Sylvia Burwell, Secretary Of Health And Human Services, Et Al. Supreme Court Of United States, Marguerite A. Nuse

Student Works

No abstract provided.

In Re Simon Shio Tam, A Concurring Opinion: Section 1052(A) Of The Lanham Act Imposes An Unconstitutional Condition That Is No Longer Justified By Congress’S Spending Power, Francis A. Raso

Student Works

No abstract provided.

Is The Alternative To Medicaid Expansion Viable?, Alice Anderson

Student Works

No abstract provided.

Neutral Principles Or Church Autonomy: The Constitutional Standing Of Religious Organizations In Intellectual Property Disputes, Ryan Albert

Student Works

No abstract provided.

Pay-To-Play: Mccutcheon V. Fec’S Robust Effect On Federal And State Contractor Contribution Regulations, Tyler C. Stearns

Student Works

No abstract provided.

Sea-Level Rise And Changing Times For Florida Local Governments, David Markell

Sabin Center for Climate Change Law

The legal environment for local government in Florida is beginning to change when it comes to sea-level rise (sometimes referred to as SLR). Innovations in institutional structure and governance strategies are underway in the State as well. This paper reviews three recent developments, which relate primarily to comprehensive planning in the State, and explores their implications for Florida’s local governments, among others. It begins with the State’s decision, in 2011 legislation, to give local governments a new, optional tool – referred to as “Adaptation Action Areas” (AAAs) – to address sea-level rise and related issues in local comprehensive plans. The …

Executing The Innocent: How To Remedy A State's Wrong, Nicole Megale

Journal of Civil Rights and Economic Development

No abstract provided.

Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, Omar Subat

Journal of Civil Rights and Economic Development

No abstract provided.

Table Of Contents - Cardozo Journal Of International And Comparative Law, Vol. 24, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

Punish The Crown, But Protect The Government: A Comparative Analysis Of State Tort Liability For Exemplary Damages In England And Punitive Damages In The United States, Bradley Raboin

Cardozo Journal of International and Comparative Law

The article examines the contrasting approaches of the United States and England regarding punitive and exemplary damages in tort claims against the government. While the U.S. prohibits punitive damages against the government under the Federal Tort Claims Act (FTCA), England allows exemplary damages against the Crown in specific cases. The author argues that England's approach, which holds the government accountable through exemplary damages, is preferable and suggests that the U.S. should consider a similar, regulated approach to enhance government accountability.

Model Or Anti-Model? U.S. Regulatory Takings Doctrine In Foreign Jurisdictions, Melanie Benesh

Cardozo Journal of International and Comparative Law

Canada and Australia have taken a different approach to regulatory takings than Peru, despite some similarities among the countries. Like Peru, Canada and Australia both have IIAs with the United States. Like Peru, both have also addressed regulatory takings issues in their domestic jurisprudence since signing those IIAs. And like Peru, both Canada and Australia have looked to U.S. regulatory takings doctrine while developing their own domestic jurisprudence. However, unlike Peru, Canada and Australia have both ultimately decided that the U.S. regulatory takings doctrine would not be viable in their constitutional and political systems. They view U.S. regulatory takings doctrine …

Do As I Say, Not As I Do: Inconsistencies In International Cultural Property Repatriation, Samantha Anderson

Cardozo Journal of International and Comparative Law

The note critiques the United States' application of international cultural property laws, arguing that it misuses these laws for political and diplomatic leverage rather than adhering to their ethical and legal purposes. It highlights inconsistencies in how the U.S. handles repatriation cases, favoring foreign nations like Peru and Cambodia while neglecting the cultural heritage of Native American communities. The note advocates for a more equitable and consistent approach to cultural property repatriation, emphasizing the need for clearer definitions and reciprocal agreements.

Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray

Cardozo Journal of International and Comparative Law

The note argues that China's Antimonopoly Law (AML), while modeled after Western antitrust laws, is often applied in a protectionist manner, disproportionately targeting foreign companies to shield domestic industries and state-owned enterprises. This selective enforcement contrasts with the U.S. antitrust system, which prioritizes fair competition and consumer welfare. The note advocates for aligning AML enforcement with international standards to promote a level playing field and foster long-term economic growth.

Panel 1: Issues In The U.S. For Chinese Businesses, Cindy Yang, Jamie D. Underwood, Mark Cohen

Cardozo Journal of International and Comparative Law

The symposium examines the bidirectional intellectual property (IP) challenges between the U.S. and China, highlighting that while Chinese businesses face significant IP issues in the U.S., American companies also encounter complexities in China. The discussion emphasizes the evolving nature of IP litigation in both countries, with a focus on fashion and brand protection. Panelists provide insights into strategies for navigating these challenges, including the use of design patents, trademarks, and trade dress, as well as the role of administrative bodies like the U.S. International Trade Commission (ITC).

Panel 2: Issues In China For U.S. Businesses, Dan Harris, Cedric Lam, Ling Zhao, Lara Miller, Stephen Lamar

Cardozo Journal of International and Comparative Law

The symposium examines the challenges of enforcing intellectual property (IP) rights in China, particularly for U.S. companies, and highlights the efforts of organizations like the American Apparel and Footwear Association (AAFA) and the International Anti-Counterfeiting Coalition (IACC) to address counterfeit goods on platforms like Alibaba. It underscores the complexities of protecting IP in China despite relatively straightforward registration processes.

Improving Technology Neutrality Through Compulsory Licensing, Jake Linford

Scholarly Publications

No abstract provided.

Shareholder Political Primacy, Jay B. Kesten

Scholarly Publications

Corporate political activity raises an important and difficult question of corporate law: who decides when the corporation should speak and what it should say? In several cases, the Supreme Court has provided a clear answer: shareholders, acting through the procedures of corporate democracy. While this holding has attracted substantial academic and public criticism, there has been no sustained evaluation (beyond identifying the potential agency costs of corporate political activity) of the possibility that the Supreme Court's appeal to the fraught concept of "corporate democracy," though woefully under-theorized, might be the best allocation of power in the limited context of corporate …

Revisiting Congresssional Delegation Of Interpretative Primacy As The Foundation For Chevron Defense, Mark Seidenfeld

Scholarly Publications

Although congressional delegation is the rationale used most often to justify the Chevron doctrine, most scholars who have written about this justification have recognized that it is a fiction, albeit, they claim, a useful one. In “Chevron’s Foundation,” I proposed an alternative foundation for the Chevron doctrine—a judicial self-limitation justification for Chevron deference—based on an implicit understanding of Article III that courts should not resolve cases by making policy choices where alternative means for deciding these cases exists. In this essay, I first revisit my original critique of the delegation rationale and explicitly respond to the arguments …

"State Inaction," Equal Protection, And Religious Resistance To Lgbt Rights, James M. Oleske, Jr.

University of Colorado Law Review

Now that the Supreme Court has held that states must recognize same-sex marriages, a new issue looms on the horizon: Must states also protect against sexual-orientation discrimination in the private marketplace? This Article contends that the answer under the Equal Protection Clause is "yes" for the forty-five-plus states that protect against marketplace discrimination on the basis of race, religion, national origin, and sex.

In the course of reaching that conclusion, this Article offers much-needed clarification of the Court's unsettled "state inaction" doctrine. Under that doctrine, a state's failure to act may be immunized from challenge on the ground that the …

You Can't Choose Your Family, But You Should Choose Your Co-Tenants: Reforming The Upc To Benefit The Modest- Means Family Cabin Owner, Lisa C. Willcox

University of Colorado Law Review

No abstract provided.

The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi

CMC Senior Theses

This work asserts that bureaucratic organization is not only an inevitable part of the modern administrative state, but that a high quality bureaucracy within a strongly empowered executive branch is an ideal mechanism for running government in the modern era. Beginning with a philosophical inquiry into the purpose of American government as we understand it today, this paper responds to criticisms of the role of expanded government and develops a framework for evaluating the quality of differing government structures. Following an evaluation of the current debate surrounding bureaucracies (from both proponents and critics), this thesis outlines the lessons and principles …

Impact From Texas Tort Law On Damages Recovered, Richard Samuel Harris

CMC Senior Theses

This paper looks at Texas tort law reform to make claims regarding the relationship between Texas tort reform and damages recovered. Starting with reform in 1977, Texas has passed 15 pieces of legislation that, in principle, restrict the damages plaintiffs recover. Most empirical analyses have focused primarily on analyzing behavior resulting from the tort reform. In other cases, research has looked at the impact the most recent reform has had on damages recovered in medical malpractice lawsuits. This paper is the first to study the impact of Texas tort law reform on damages recovered while looking at the entirety of …

The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods

CMC Senior Theses

In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Scholarly Publications

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience. Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO. The same impetus toward devolution also surfaces in heated intra-national conflicts. Recent calls for secession in Catalonia, Iraqi Kurdistan, Scotland, Québec, South Sudan, and even the United States reveal multiple political contexts in which questions have been raised …