Law Commons^™

Leach V. Hyatt: Recasting Indefiniteness, Thomas Simmons

Faculty Publications

No abstract provided.

Prequel To Homestead, Thomas Simmons

Faculty Publications

Homestead laws reflect value judgments which balance the free functioning of commercial enterprise and business transactions against a family's interests in shelter and a home. In South Dakota's history, this tension has been displayed in legislative enactments, judicial reasoning, and even statewide referendums. An examination of the significant events at two ends of this chronology reveals the expression of societal values in law and the dynamics of the pre-statehood origins of homestead laws in the context of competing policies and interests. This article proceeds by outlining the general purposes and sources for homestead laws, followed by a sketch of existing …

Article Dedication To Patrick K. Duffy (The Trial And Incarceration Of Andy Dufresne), Jonathan Van Patten

Faculty Publications

No abstract provided.

Nothing New: Consent, Forfeiture, And Bankruptcy Court Final Judgments, Robert W. Miller

Faculty Publications

Bankruptcy cases often contain distinct contested matters and adversary proceedings. The possibility of these many permutations stokes the tension between the desire for quick adjudications by a non-Article III bankruptcy judge and the need to protect litigants' rights to an Article III tribunal. However, the application of consent to bankruptcy judge authority and forfeiture of the right to proceed before an Article III district judge alleviates this tension. Although the Supreme Court recently endorsed the application of these doctrines, the boundaries remain unsettled. The temptation is to apply the doctrines of consent and forfeiture broadly in order to facilitate bankruptcy …

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

Statutory Law, Kathleen Klepfer, Alexis Fetzer

Law Faculty Publications

This chapter describes the sources of law created by the legislative branch of the Commonwealth of Virginia. The materials include the laws enacted by the Virginia General Assembly, the publications in which those laws are found, and the resources available to assist in interpreting the legislative enactments.

The cardinal rule in Virginia statutory construction is that the statute expresses the intention of the lawmakers. Therefore, it falls upon the courts to ascertain the General Assembly’s intent where that intent becomes important in the application of statutory materials. When researching Virginia statutes, certain principles of interpretation and application must be kept …

Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie Ellen Mcconnell

Law Faculty Publications

Recent United States Supreme Court decisions have declared it unconstitutional to sentence a juvenile to mandatory life in prison without an opportunity for parole. Virginia, a state that abolished parole in 1995, has yet to recognize the federally mandated prohibition against disproportionate punishment imposed on juveniles, particularly in cases where the mandatory minimum sentence is life without parole. This article proposes the General Assembly should amend current laws that reflect the unconstitutionality of these statutes as applied to juveniles.

The Problem Of Unwanted Online Publication And Use Of Images Of Children And Young People : A Legal Challenge, Anna Bunn

Theses

The online publication of images of children and their subsequent use has the potential to cause harm to a child who is a subject of such an image. Indeed, the publication and distribution of photographs or video clips has been found to be one of the most impactful forms of bullying.1 Even outside a cyberbullying context, however, this thesis argues that two important aspects of a child’s social and emotional development — namely their selfesteem and the development of relationships — can be harmed by the unwanted online publication or subsequent use of an image of that child. In particular, …

Masthead, Volume 27 (2017)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Health Matrix, Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon

Health Matrix: The Journal of Law-Medicine

The article focuses on the worksite wellness program (WWP) made by the employers for maintaining the industrial hygiene and also discusses the challenges faced by the employees in implementing the same in the U.S. Topics discussed include Pennsylvania State University's problematic effort in implementing a WWP.

Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Our genomic sequence constitutes the most sensitive and personal of information: uniquely identifying us, revealing our propensity to develop certain diseases and conditions, and exposing familial connections of close genetic relatives. Big Data enables consumer-genomics companies to collect, store, and electronically share genomic-sequence data in conjunction with numerous pieces of private health and personal information.

Reproductive Selection Bias, Lauren R. Roth

Health Matrix: The Journal of Law-Medicine

Decades after the advent of assisted reproductive technology ("ART") that allows prospective parents to deselect embryos with grave genetic illnesses—a procedure called preimplantation genetic diagnosis ("PGD")— it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of reproductive rights in spite of the current political climate. If reproductive liberty is tied to equality through access to medical procedures, scholars must finally answer the question of what equality requires in a system that permits the use of ARTs. This Article shows how the current system of …

The Prescription For Rising Drug Prices: Competition Or Price Controls?, Joanna Shepherd

Health Matrix: The Journal of Law-Medicine

The article focuses on the implementing of reforms aimed at promoting competition or prohibiting anticompetitive practices in rising drug prices in the U.S.

Weapons Of Mass Hysteria, Faulty Biothreat Predictions, And Their Impact On National (In)Security: A Case-Study Of Smallpox, Barbara Pfeffer Billauer

Health Matrix: The Journal of Law-Medicine

Biothreat projections for pandemic and bioterrorist planning are generated by a straight-forward computational system, rather than scientific evidence.

A Crisis Of Patent Law And Medical Innovation: The Category Of Diagnostic Claims In The Wake Of Ariosa V. Sequenom, Alexa Johnson

Health Matrix: The Journal of Law-Medicine

The article analysis the scope of patent eligibility of diagnostic tests in the U.S. focusing on Ariosa v. Sequenom and Mayo Collaborative Servs. v. Prometheus Labs., Inc. court case.

Food For Thought: Flexible Farm To School Procurement Policies Can Increase Access To Fresh, Healthy School Meals, Lauren Tonti

Health Matrix: The Journal of Law-Medicine

The article focuses on the enactment of farm to school procurement policies for providing students health and its impact in increasing access to fresh, healthy school meals in the U.S.

Caring For The Body And The Soul: Small Businesses Post-Hobby Lobby And Hhs Contraceptive Rule, James Lesinski

Health Matrix: The Journal of Law-Medicine

The article examines the corporate personhood movement and its impact on closely-held corporations and individuals focusing on the U.S. Department of Health and Human Services rule.

Comments: When Psychology Answers Constitutional Questions: The Eighth Amendment And Juvenile Sentencing, Emily M. Steiner

University of Baltimore Law Review

While weighing whether or not to turn himself in for murder and surrender to prison, a 23-year-old law student questions the high premium placed on imprisonment as a rehabilitative measure. After finally submitting to imprisonment, however, Rodion Raskolnikov comes to understand the value of atoning for his crimes and how his punishment correlates with societal justice. The balance struck between an appropriate amount of suffering and society’s need for justice is at the heart of Raskolnikov’s character development.

Despite Raskolnikov’s imprisonment and accompanying character transformation, one important question remains unanswered by Fyodor Dostoevsky’s novel: at what point does a punishment …

University Of Baltimore Law Review Volume 47 Number 1 Fall 2017 Front Matter

University of Baltimore Law Review

No abstract provided.

Confirming Supreme Court Justices In A Presidential Election Year, Carl W. Tobias

Law Faculty Publications

Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the President to be inaugurated on January 20, 2017—not Barack Obama—must fill the empty Scalia post. Obama in turn expressed sympathy for the Justice’s family and friends, lauded his consummate public service, and pledged to nominate a replacement “in due time,” contending that eleven months remained in his administration for confirming a worthy successor. Obama admonished that the President had a constitutional duty to nominate a superlative aspirant to the vacancy, which must not have persisted for …

Identity Criris: Claim Prevlusion In Constitutional Challenges To Statutes, Riley T. Keenan

Law Faculty Publications

Claim preclusion bars parties from relitigating in a later action claims that were or should have been litigated in a prior action. How does this doctrine apply in constitutional challenges to state and federal statutes? When a plaintiff challenges one provision of a statute in one action, can she challenge a different provision of the same statute in a later action? And when, if ever, can she bring two successive challenges to the same provision?

Though the Supreme Court addressed these questions two terms ago in Whole Women’s Health v. Hellerstedt, its answers were incomplete. This Article searches for …

Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett

Law Student Publications

This comment evaluates the United States‘ current regulatory scheme as it applies to CRISPR and related gene-modifying technologies and discusses the ethical ramifications of regulating human germline modification versus continuing to allow self-regulation within the scientific community. Part I explains what CRISPR is, how it works, and its impact on genetic engineering technology. Although CRISPR offers "unparalleled potential for modifying [both] human and nonhuman genomes," this comment focuses primarily on the use of CRISPR technology to manipulate the human germline. Part II discusses the social and bioethical implications of altering the human germline, including safety concerns, multigenerational consequences, equity issues, …

For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser

Law Student Publications

This article aims to offer a solution for prosecuting terrorists consistently and efficiently in the ever-expanding world of modern warfare. It argues that our country's approach to prosecuting terrorists has been wildly inconsistent, and that clarity and consistency are required moving forward. The executive branch, which directs the path the Department of Justice and military take in these arenas, has been the main instigator of the inconsistency. The decision whether to prosecute foreign, non-citizen terrorists in an Article III federal court or military tribunal/commission has become politicized, allowing political winds to dictate policy, albeit an inconsistent, unprincipled one. The Bush …

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

Law Student Publications

Grade-school and college playing fields have long been segregated on the basis of sex. For decades, male and female students were afforded the opportunity to participate in interscholastic athletic competitions on teams determined by their biological gender. Recently, “an increasing number of high school- and college-aged [students are publicly] identifying as transgender (or trans), meaning that their internal sense of their gender identity is different from the gender they were assigned at birth.” The emergence of openly transgender students in grade schools and colleges, in general, has resulted in vastly disparate rules promulgated by school districts to address how transgender …

Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley

Law Student Publications

Introduced in 2016, Virginia House Bill 48 proposed civil forfeiture reforms which would raise the burden of proof required for law enforcement agencies to seize property related to criminal activity. Civil forfeiture has grown in recent decades to deprive innocent property owners of their belongings, often due to connections between the property seized and persons accused of using the property illegally without the owners’ consent. Additionally, with a burden of proof much lower than the standard that must be met for a criminal conviction, civil forfeiture as it stands now risks depriving property owners of their possessions despite a lack …

Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey

Law Student Publications

Section 1557 of the Affordable Care Act provides that entities covered by the Act which receive federal funds are prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. But since the provision’s enactment and the U.S. Department of Health and Human Services’ promulgation of a regulation creating a private right of action for alleged discrimination under the Act, courts have disagreed on whether a private right of action exists to enforce Section 1557. This Comment summarizes the courts’ confusion in applying the holding of Alexander v. Sandoval and Chevron deference to the nondiscrimination provision …

“Pay To Prescribe”: A Case For Strengthened Enforced Of The Fcpa In The Global Pharmaceutical Industry In 2017 And Beyond, John T. Jessee Jr.

Law Student Publications

This paper will use recent Foreign Corrupt Practices Act (FCPA) enforcement actions to argue that a revamped and increased enforcement of the FCPA’s anti-bribery provisions in the pharmaceutical industry will be an absolutely critical task in 2017 and beyond, as there is much work to be done in cleaning up the industry. The paper will begin by outlining a brief history of the FCPA and examining its basic enforcement provisions. It will then examine the nature of the pharmaceutical industry’s bribery through a detailed analysis of several recent high profile enforcement cases within the industry. Lastly, the paper will propose …

Mandated Ethical Hacking—A Repackaged Solution, Corinne Moini

Law Student Publications

Hacking to prove a point or to expose technological vulnerabilities has been around since the 1960s, but it has been labeled and packaged differently as “white hacking” or “ethical hacking.” This article suggests that smart toy manufacturers, such as Mattel and VTech, should be subject to required vulnerability testing which utilizes ethical hacking under the Consumer Product Safety Improvement Act (“CPSIA”). More specifically, this article proposes to amend the Toy Safety Standard, ASTMF- 963-11, to include smart toys connected to the internet. The CPSIA and Consumer Product Safety Commission (“CPSC”) impose safety testing on all toys intended for use by …

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams

Law Student Publications

George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …