Law Commons^™

Mapping Citizenship: Status, Membership, And The Path In Between, D. Carolina Núñez

Utah Law Review

The concept of citizenship poses an interesting asymmetry: though all citizens receive the same rights and obligations on equal terms, citizenship is not distributed to individuals on equal terms. In the United States, some are citizens by virtue of birth within the national territory or birth to citizen parents. Others must undergo the process of naturalization. Different citizenship rules appear to solve for different variables, and it is not clear whether and how those variables relate to one another. This Article begins unraveling the paradox. It argues that the apparent paradox results from a failure to understand the relationship between …

The Interconnections Between Entrepreneurship, Science, And The Patent System, Amy Landers

Utah Law Review

This Article considers several related points about the recent changes to the patent system and the opportunities for entrepreneurship. The concern about the adverse effect of the recent changes to patent law on innovation may be overstated. As a practicalmatter, the concept that patents are a necessary input to innovation is built on a model that does not account for the complex relationship between this legal system, science, and innovation. Although it can be expected that there may be some adverse impacts from these decisions, this trend opens up the opportunity for entrepreneurship. By releasing more foundational information into the …

Inclusive Crowdfunding, Andrew A. Schwartz

Utah Law Review

Retail crowdfunding under Title III of the JOBS Act has a fundamental advantage over accredited crowdfunding and intrastate crowdfunding: the value of inclusivity. What that is worth in a given instance may be difficult to calculate, but it is surely more than zero. This is one reason to expect that retail crowdfunding, once it commences, may prove more successful than many commentators anticipate.

Alice Was No Rabbit Hole: Why Software Inventors Should Be Neither Surprised, Nor Alarmed, Sherman Helenese

Utah Law Review

Trade secrets offer an alternative to patent - ineligible innovations and to the problems and perils of protecting, defending and enforcing patents. Although there is currently limited trade secret legislation on the national level, nearly all states have adopted, with little substantive variation, the Uniform Trade Secrets Act. Unlike patent - eligibility requirements that precluded software in Gottschalk, Diehr, Alice, and Tenon from patent protection, no trade secret is automatically deemed out of scope. Trade secrets encompass anything of value, so long as it is not generally known and reasonable steps are taken, such as the use …

Gay Marriage And The Problem Of Property, Andrea Beauchamp Carroll, Christopher K. Odinet

Faculty Scholarship

The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court’s ruling. In this Essay we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court’s decision may …

Brain Science And The Theory Of Juvenile Mens Rea, Jenny E. Carroll

Faculty Scholarship

The law has long recognized the distinction between adults and children. A legally designated age determines who can vote, exercise reproductive rights, voluntarily discontinue their education, buy alcohol or tobacco, marry, drive a car, or obtain a tattoo. The Supreme Court has repeatedly upheld such age-based restrictions, most recently constructing an Eighth Amendment jurisprudence that bars the application of certain penalties to juvenile offenders and a Fourth Amendment jurisprudence that contemplates an adolescent-based standard of reasonableness for the Miranda v. Arizona custody analysis. In the cases of Roper v. Simmons , Graham v. Florida , Miller v. Alabama , and …

Board Of Editors - Vol. 40, No. 2 2016

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Graduate Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …

Market Norms And Constitutional Values In The Government Workplace, Pauline T. Kim

North Carolina Law Review

No abstract provided.

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.

The Brazilian Amazon Timber Industry And The International Mechanisms Of Timber Trade Control – Combating Illegal Logging And Associated Trade, Juliana Coelho Marcussi

Dissertations & Theses

Illegal logging and its associated trade are one of the main causes of degradation of the Amazonian Rainforest in Brazil. They spring from several deficiencies in the regulatory and monitoring systems. The purpose of this work is to recommend mechanisms to overcome these deficiencies to eliminate illegal logging and its associated trade in the long-term and to enhance the appreciation of the standing forests and the sustainable use of their natural resources.

Chapter 1 provides an overview of the Brazilian tropical timber market’s trends, and briefly describes the main stages of timber supply chain to build familiarity with the activities …

Normalizing Erie, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines – such as the dormant commerce clause, implied preemption, federal preclusion law, and certain special “enclaves” of federal common law – courts will displace state law to protect federal interests even when neither Congress nor the Constitution clearly articulates those interests. But under the Erie doctrine, the Supreme Court has mandated exactly the opposite approach: State law trumps federal interests unless those interests have been legislatively codified. This striking anomaly has not been noticed, in part …

“‘Tis The Time’S Plague When Madmen Lead The Blind”: How The Irs Can Prevent Pyramid-Scheme Formation (And Why It Should), James Walsh

Case Western Reserve Law Review

No abstract provided.

Volume 66 Issue 4 (2016), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Symposium Whren At Twenty: Systemic Racial Bias And The Criminal Justice System -- Introduction, Lewis R. Katz

Case Western Reserve Law Review

Introduction to the Symposium Whren at Twenty: Systemic Racial Baia and the Criminal Justice System

Privacy, Sharing, And Trust: The Facebook Study, Ari Ezra Waldman

Case Western Reserve Law Review

Using sharing on Facebook as a case study, this Article presents empirical evidence suggesting that trust is a significant factor in individuals’ willingness to share personal information on online social networks. I then make two arguments, one that explains why Facebook is designed the way it is and one that calls for legal protection against unfair manipulation of users. I argue that Facebook is built on trust: the trust that exists between friends and the trust that exists between users and the platform. In particular, I describe how Facebook designs its platform and interface to leverage the trust we have …

Tribute To Professor Ken Margolis, Peter M. Gerhart

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Ken Margolis, Judith Lipton

Case Western Reserve Law Review

No abstract provided.

Demanding A Speedy Trial: Re-Evaluating The Assertion Factor In The Baker V. Wingo Test, Seth Osnowitz

Case Western Reserve Law Review

No abstract provided.

Florida's Decision To Not Decide: Leaving The Neediest Students Without A Voice

Nova Law Review

Since the seminal case, San Antonio Independent School District v. Rodriguez, School finance suits have been relegated to a state issue.

Workers' Compensation: Necessary Changes In Favor Of The Injured Worker

Nova Law Review

Florida's workers' compensation is intended to provide a "reasonable alternative to tort litigation" by providing medical and wage- loss benefits to injured workers.

2015 Survey Of Juvenile Law, Michael J. Dale

Nova Law Review

The Supreme Court of Florida ruled in this survey year on two very

important cases arising from the Supreme Court of the United States’ 2012

opinion in Miller v. Alabama,1 which held unconstitutional the “sentencing

scheme[s] . . . mandat[ing] life in prison without [the] possibility of parole for

juvenile offenders.”2

What To Expect Before You're Expecting: Clarifying Florida's Statute Governing Pre-Embryo Disposition Agreements And Divorce, Alison P. Barbiero

Nova Law Review

In 2013, Sofia Vergara, actress and star of the hit television show Modern Family, and her then fiance' Nick Loeb, a Florida businessman, sought to conceive a child through in vitro fertilization (IVF) - a process by which an egg and sperm are fertilized outside of the body, and the resulting pre-embryo is implanted in the uterus with the objective of development to full-term.

Disrupted Lives; Diverted Futures: Zero Tolerance Policies' Impact On Students With Disabilities, Catherine E. Johnson

Nova Law Review

The United States of America was founded upon the highest of ideals - the promise of equality for all citizens.

Miranda In Mental Health: Court Ordered Confessions And Therapeutic For Young Offenders, Jennifer A. Brobst

Nova Law Review

There is a certain sadness accompanying the hopeful tone of the promotion of juvenile brain science to ameliorate harsh juvenile justice policies.

The Right To Remain Silent In New Orleans: The Role Of Non-Politically Accountable Charter School Boards In The School-To-Prison Pipeline, Steven L. Nelson J.D., Ph.D, Jennifer E. Grace M.Ed., N.C.C

Nova Law Review

Residents and officials of many cities may fantasize about the possibilities of rebuilding their cities from scratch.