Law Commons^™

On The Battlefield Of Merit: Harvard Law School, The First Century, By Daniel R. Coquillette And Bruce A. Kimball, John Henry Schlegel

Book Reviews

No abstract provided.

Rethinking The Jurisdiction Of The National Industrial Court In Human Rights Enforcement In Nigeria: Lessons From South Africa, Abdullahi Saliu Ishola, Adekumbi Adeleye, Dauda Momodu

The Transnational Human Rights Review

In 2009, the Fundamental Rights (Enforcement Procedure) Rules, 2009were introduced to improve administration of justice in human rights cases in Nigerian courts. The Rules established that all human rights cases could be filed in any High Court in the State where the violation occurred. Depending on the parties involved and the place of the violation, this gives wide opportunity for victims to file a case either at the Federal, State, or the Federal Capital Territory High Court. However, in 2011, the 1999 Constitution of Nigeria was altered and thereby vested with exclusive jurisdiction over human rights cases arising from …

The International Dimension Of The Right To Development: Where Is The Gapping Crack Of Accountability For Non-State Actors, Maxwel Miyawa

The Transnational Human Rights Review

Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right’s founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations …

The More, The Marry-Er? The Future Of Polygamous Marriage In The Wake Of Obergefell V. Hodges, Amberly N. Beye

Seton Hall Law Review

No abstract provided.

Manslaughter By Text: Is Encouraging Suicide Manslaughter?, Carla Zavala

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 47, No. 1 2016

Seton Hall Law Review

No abstract provided.

Uber V. Regulation: “Ride-Sharing” Creates A Legal Gray Area, Yanelys Crespo

University of Miami Business Law Review

Technological innovations are quickly re-shaping our world and even changing the way we travel from place to place. Although the concept of “ride-sharing” only just emerged in 2010, it has rapidly gained popularity and expanded across the globe, offering a new way to get around major cities via a mobile application that instantly links drivers and passengers through the phone’s GPS system. At the forefront of this movement is Uber—the multibillion- dollar company and pioneer of ride-sharing that has experienced unprecedented growth and success in its short existence. However, Uber’s expansion into most major cities across the United States has …

December 2016 Newsletter

Ergo

No abstract provided.

Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety

West Virginia Law Review

No abstract provided.

Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt

UF Law Faculty Publications

The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging …

Other Markets, Other Costs: Modernizing Antitrust, Jeffrey L. Harrison

UF Law Faculty Publications

Today’s antitrust law is characterized by stagnation and indeterminacy. The failure is so thorough that it is not clear that U.S. competition law actually leads to any outcomes that are defendable except at the most superficial level. Moreover, when enforcement does result in a desirable outcome, it not clear that it is the best outcome. The principal reason for this state of affairs is that antitrust scholars and courts cling to misguided goals and theories that have not evolved despite an avalanche of information now available that can modernize the discipline.

This Article has two main sections that necessarily overlap. …

The Learned Hand Unformula For Short-Swing Liability, Andrew Chin

Washington Law Review

Section 16(b) of the Securities Exchange Act of 1934 allows for the recovery of short-swing profits realized by certain insiders from trading in a corporation’s stock within a period of less than six months. Three generations of corporate law students have been taught the “lowest-in, highest-out” formula that is intended to maximize the disgorgement of short-swing profits under section 16(b). Arnold Jacobs’s 1987 treatise presented two hypothetical examples where the formula fell short of the intended maximum, but courts, commentators, and practitioners have largely ignored these theoretical challenges to the formula’s validity. This Article identifies Gratz v. Claughton as the …

Molecular Measurement Of Toxicity In Fish; Case Examples And Policy Implications, Jessica A. Freedman

Senior Honors Projects

Stormwater and oil are common urban contaminants that can be harmful to fish species. One way of recognizing exposed and impaired fish is by monitoring gene expression and gene induction. This study focused on the identification and validation of reference genes for measuring contaminant-induced changes in gene expression due to urban influence. In this study, reference genes (which are genes used to normalize data and remain consistent in varying exposures regardless of organism and tissue type) were established. Six genes were identified as reference genes (ef1a, wdtc1, mtm1, spop, rxrba and tuba1) from a longer list of potential …

Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.

End Matter

Hofstra Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Strange Bedfellows: Can Insurers Play A Role In Advancing Gideon's Promise, Jacqueline Mcmurtrie

Hofstra Law Review

The article discusses the role of insurers in advancing the principle of public defenders set out in the U.S. Supreme Court case Gideon v. Wainwright, specifically the role of the group the Washington Cities Insurance Association (WCIA) in working with municipalities such as Mount Vernon, Washington, and Burlington, Washington, to bring public defense contracts into compliance with the decision in the Washington Supreme Court case Wilbur v. City of Mount Vernon.

Tunnel Vision: Causes, Effects, And Mitigation Strategies, Brian Reichart

Hofstra Law Review

The author discusses his experience concerning a case of actual innocence involving murder defendant Patricia "Patty" Prewitt with little chance of judicial remedy because of what is referred to as tunnel vision via confirmation bias on the part of legal authorities concerning the criminal investigation and subsequent trial of Prewitt, particularly a single-minded theory of culpability based on the gathered evidence. The article also discusses possible strategies of tunnel vision mitigation.

Better Keep Your Hands On The Wheel In That Autonomous Car: Examining Society's Need To Navigate The Cybersecurity Roadblocks For Intelligent Vehicles, Christopher Wing

Hofstra Law Review

The article discusses the potential societal and legal impact of autonomous vehicles, particularly the lack of regulation concerning potential cyber hackers of autonomous vehicles. The article also argues in favor of regulation of autonomous vehicle liability via a U.S. federal statute that takes into account various elements, specifically specialized operations licenses. The article discusses the National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1970.

Drone Zoning, Troy A. Rule

North Carolina Law Review

The growing popularity of small civilian drones has generated a wide array of complex and unprecedented regulatory challenges. Many of these challenges, such as keeping drones away from manned aircraft, are matters that the Federal Aviation Administration (“FAA”) is clearly authorized and well equipped to address. However, several other drone policy challenges relate solely to drones’ potential to disrupt landowners’ privacy and to otherwise interfere with activities on the ground. The nature and severity of these conflicts often varies greatly depending on a drone’s specific location; drone uses that are welcomed in some city neighborhoods may be prohibitively disruptive in …

Surveillance Policy Making By Procurement, Catherine Crump

Washington Law Review

In Seattle, the police obtained a surveillance drone with the approval of a city council that did not realize what it was doing. In Oakland, following a council review that lasted literally two minutes, the city created a data integration center that networked together all of its existing surveillance infrastructure. In San Diego, elected representatives were only dimly aware that the law enforcement agency they supervised had built and deployed innovative facial recognition technology. In an age of heightened concern about the militarization of local police and surveillance technology, how do local law enforcement agencies obtain cutting edge and potentially …

Regulating Secrecy, W. Nicholson Price Ii

Washington Law Review

Inventors face a stark choice between two intellectual property systems of protecting innovative ideas: patents and trade secrecy. But accounts of this choice underexplore the role of the regulators that dominate some areas of innovation. Regulation interacts with intellectual property exclusivity in socially problematic ways by encouraging secrecy at the expense of innovation, efficiency, and competition. This Article theorizes how regulation empowers intellectual property generally, explains why this strengthening is problematic for trade secrecy but not for patents, and offers the solution of regulator-enforced disclosure. When a regulator defines a product or a process, it becomes much harder to successfully …

Far From The Madding Crowd: A Statutory Solution To Crowd Crush, Tracy Hresko Pearl

UC Law Journal

Crowd-related injuries and deaths occur with surprising frequency in the United States. In recent years, crowd members in the United States have sustained significant injuries and even fatalities at concerts, sporting events, “doorbuster” sales, nightclubs, and large festivals. While some of these incidents have prompted victims to file negligence suits against event organizers and venue owners, common law has proven to be ineffective at addressing “crowd crush.” Indeed, courts have repeatedly held for defendants in these cases, making a series of scientific and legal errors in their analysis and providing little incentive for organizers and owners to improve their crowd …

Wreaths, Ribbons, And Student Mission, Notre Dame Law School

Notre Dame Lawyers Connect

Students: Anthony Kroese, 3L, Improves Social Experience for Law Students

Alumni Events

• NDLS Homecoming Weekend 2017
• ND Lawyers Will Join Students in Networking Events in January

Faculty in the News: Randy Kozel named Interim London Law Program Director

Alumni Notes

• Husch Blackwell’s Cynthia Cordes, ’04 J.D., Receives Trailblazer Award from Missouri Commission on Human Rights
• James Sledge, ’92 J.D., Named V.P. of State Government Affairs for Comcast
• Christopher J. Spataro, ’96 J.D., Becomes V.P. of Human Resources for Genesis Products

Manipulating, Fast And Slow: The Law Of Non-Verbal Market Manipulations, Shmuel I. Becher, Yuval Feldman

Cardozo Law Review

Consumers make purchasing decisions in various markets every day. Contrary to common belief, such decision-making is often not the result of deliberate analysis of information or of rational thinking. Rather, it is frequently based on feelings, sensations and intuition. Purchasing decisions are not made in a vacuum and are regularly influenced by sellers' manipulation and selling tactics.

It is well documented that people receive a substantial part of the information they possess via non-verbal communication. One of the most alarming aspects of this reality is that consumers are mostly unaware of non-verbal cues and the ways they can influence them. …

The Chief Justice And Statutory Construction: Holding The Government's Feet To The Fire, Pratik A. Shah

Cardozo Law Review

The article examines Chief Justice John Roberts' approach to statutory construction, highlighting his tendency to limit government overreach by narrowly interpreting statutes, particularly in federal criminal law and agency deference cases. His decisions reflect a commitment to curbing prosecutorial and agency discretion, ensuring the government operates within legal boundaries.

Georgia's Safe Harbor Ruling For Affirmative Defenses In Criminal Cases Should Be Revisited, Ben W. Studdard, Michal A. Arndt

Mercer Law Review

The State has the entire burden of proving the defendant's guilt of the offense charged beyond a reasonable doubt, reads the instruction given to every jury empaneled to try a criminal case in Georgia. The defendant has no burden of proof at all. Where the evidence raises a defense, the burden remains with the State to negate or disprove that defense beyond a reasonable doubt. But those same Georgia citizens, when summoned to federal jury service, may hear a very different instruction: that the defendant, upon raising an affirmative defense, has the burden of proof as to that defense, by …

Business Associations, Edward P. Bonapfel, E. Bowen Reichert Shoemaker

Mercer Law Review

This Article surveys notable cases in the areas of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2015 and May 31, 2016, by the Georgia Supreme Court, the Georgia Court of Appeals, and the United States district courts located in Georgia.

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy opinions by Georgia appellate courts between June 1, 2015 and May 31, 2016 relevant to the practice of construction law and on an important amendment to Official Code of Georgia Annotated (O.C.G.A.) section 13-8-2,1 expanding its anti-indemnity provisions.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2015 to May 31, 2016.1 The Article discusses attorney discipline, ineffective assistance of counsel, legal malpractice and breach of fiduciary duty, judicial ethics, several miscellaneous cases involving legal ethics, opinions of the Formal Advisory Opinion Board, and amendments to the Georgia Rules of Professional Conduct.