Law Commons^™

Addressing The Value Gap In The Age Of Digital Music Streaming, Daniel L. Lawrence

Vanderbilt Journal of Transnational Law

This Note analyzes a global music industry problem known as the value gap. The value gap represents the disparity between the value that music-streaming platforms extract from musical content and the revenue generated by those who create and invest in the creation of such content. The international rise in digital music streaming has contributed greatly to the expansion of the value gap. This is largely because outdated laws like the Digital Millennium Copyright Act in the United States and other similar statutes around the globe contain safe harbor provisions that shield certain music-streaming services from copyright-infringement liability. Safe harbor protection …

Vulnerability And Social Justice, Martha Albertson Fineman

Valparaiso University Law Review

No abstract provided.

There Isn't Any Dumpster, Jill C. Engle

Faculty Scholarship

No abstract provided.

The Power Side Of The Second Amendment Question: Limited, Enumerated Powers And The Continuing Battle Over The Legitimacy Of The Individual Right To Arms, Nicholas J. Johnson

Faculty Scholarship

Roughly a decade has passed since the Supreme Court’s decision in District of Columbia v. Heller and the battle over the basic legitimacy of the right to keep and bear arms continues. A significant segment of the academy, the Bar, and the judiciary remains skeptical about the constitutional bona fides of the individual right to arms. A primary source of that skepticism is the view pressed most forcefully by professional historians that the Second Amendment had nothing to do with individual self-defense and at best protects an “individual militia right” that has no practical application in modern America. This Article …

Flying In The Face Of Suspicionless Cell Phone Searches: Fourth Circuit Grants Airline Passengers Heightened Protection From Searches By Customs Officers, Andrea Delorimier

Journal of Air Law and Commerce

No abstract provided.

New Entrant Airlines And Federal Grant Assurances: The End Of Southwest’S Dominant Presence At Love Field, Alex Paez

Journal of Air Law and Commerce

No abstract provided.

Airlines Aren’T Just Carrying Passengers And Cargo Anymore—They’Re Also Carrying The Burden Of The American Conflict Of Laws System, Kaylee Knowlton Henson

Journal of Air Law and Commerce

This Comment begins by walking through the current conflict of laws system in the United States and explores the application of general conflict of laws rules and three major issues that accompany the current system, which leaves conflict of laws rules in the hands of state legislatures to determine. The Comment then moves to conflict of laws in aviation cases specifically and explains the unique nature of the aviation industry and why such regulation is needed in this field of law. Following, the Comment analyzes Congress’s power under the Commerce Clause to determine whether federal regulation is in fact a …

A Brave New World: Using The Outer Space Treaty To Design International Data Protection Standards For Low- Earth Orbit Satellite Operators, Amir Saboorian

Journal of Air Law and Commerce

No abstract provided.

Taking An Independent Look At The Air Carrier Access Act: Why No Private Right Of Action Exists, Madison Gafford

Journal of Air Law and Commerce

No abstract provided.

Pilots Out Of Uniform: How The Sixth Circuit’S Etihad Decision Undermines The Purpose Of The Montreal Convention, J. Collin Spring

Journal of Air Law and Commerce

No abstract provided.

Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire

Journal of Air Law and Commerce

No abstract provided.

Geophysical Trespass, Privacy, And Drones In Oil And Gas Exploration, Sean Valentine

Journal of Air Law and Commerce

No abstract provided.

Not In My Backyard: State V. Quiday And Warrantless Aerial Police Surveillance, Hayden Brown

Journal of Air Law and Commerce

No abstract provided.

#Metoo At 35,000 Feet: Reducing The Risk Of In-Flight Sexual Assaults., Ryan Musser

Journal of Air Law and Commerce

According to the U.S. Federal Bureau of Investigation (FBI), reports of minors and women sexually assaulted on flights have risen dramatically in the last few years. It remains unclear whether this is the result of more assaults or an increase in victims’ courage to report as inspired by the #MeToo movement. In any case, America has been given notice of a truly horrifying problem and a lack of any real hope for victims. This Comment suggests that passenger safety can be improved by creating an Offender No-Fly List for those who have been convicted of inflight sexual assaults.

A flight’s …

Space, The Final Frontier For Negligence Suits—Why Commercial Space Operators Should Be Liable For Personal Injuries To Space Flight Participants, Andrea Reed

Journal of Air Law and Commerce

The commercial space transportation industry is rapidly approaching the first launches of paying passengers into space—a technological and legal milestone for the maturing sector. Unfortunately, the liability regime governing the relationship between commercial space operators and spaceflight participants inadequately protects private passengers’ safety and financial interests. As part of the Commercial Space Launch Competitiveness Act of 2015 (CSLCA), Congress enacted negligence waiver and informed consent requirements that shift almost all legal liability onto spaceflight participants for death or bodily injury caused by an operator’s negligence. Private citizens should not bear the risk of these accidents.

This Comment argues that Congress …

Preventing Drunk Flying: A Legislative Solution, John Sivils

Journal of Air Law and Commerce

Drunk flying poses a serious safety risk to airline passengers. The current system of detecting pilot intoxication and preventing drunk flying relies on the vigilance of coworkers, and statutes prohibiting “operating” an airplane while intoxicated. Courts have stretched the meaning of “operating” to criminalize pre-flight conduct, such as fueling and visual airplane checks. When viewed in conjunction with courts’ inconsistent and varied application of preemption doctrine to federal and state regulations of flying, it is evident that courts are tightening control over flight and pre-flight activities through complex judicial interpretation of facially simple statutes. This Article scrutinizes this approach through …

The 1,500-Hour Rule: When Does Quantity Outweigh Quality?, Andrea Traut

Journal of Air Law and Commerce

No abstract provided.

Taxing Trades: Proposals To Keep Moneyball Out Of Tax Law, Cody Wilson

SMU Law Review

No abstract provided.

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Faculty Articles

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association's (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player 's contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would …

A Case For Open Mission Systems In Dod Aircraft Avionics, Michael J. Brown, R. David Fass, Jonathan D. Ritschel

Faculty Publications

The DOD is adopting open mission systems (OMS) as the future in the military aviation environment. OMS proponents promise reduced costs and truncated schedules through increased competition in the marketplace and reduced coding efforts. To the best of our knowledge, no studies have examined the success of these open architectures in the DOD. Therefore, we investigate costs and schedule for a recent DOD avionics OMS demonstration platform in comparison to 13 historically analogous programs.

Welcome To Normalton: Leveraging Effective E-Learning Principles For Adult Learners, Robert L. Moore

STEMPS Faculty Publications

This design case details the critical design decisions used in the development of an e-learning module library for North Carolina local government officials focused on land use regulations. These modules cover topics from an introduction to land use regulations, to evidentiary hearing conduct guidelines, defining vested rights, and explaining how to adopt and amend an ordinance. This project was in response to the North Carolina League of Municipalities (NCLM) members’ increased requests for training in this subject area. This organization requested the assistance of the two faculty members at the University of North Carolina at Chapel Hill School of Government …

Regulating From The Ground Up: Controlling Financial Institutions With Bank Workers’ Unions, Emma Cusumano

University of Richmond Law Review

In the Wells Fargo accounts scandal, millions of banking accounts were created for customers without their consent. The scandal cost Wells Fargo customers millions of dollars in direct and indirect charges. Investigations revealed that employees were pressured into creating these false accounts through abusive banking practices promulgated from the top. These practices are not unique to Wells Fargo; instead, they are ubiquitous in the financial services industry.

Current financial regulations do not adequately address how to mitigate banks’ harmful practices. This comment explores the premise that bank worker unionization could serve as a much-needed check on the power of financial …

Getting Past The Imperial Presidency, Deborah Pearlstein

Articles

In an age in which the “imperial presidency” seems to have reached its apex, perhaps most alarmingly surrounding the use of military force, conventional wisdom remains fixed that constitutional and international law play a negligible role in constraining executive branch decision-making in this realm. Yet as this Article explains, the factual case that supports the conventional view, based largely on highly selected incidents of presidential behavior, is meaningless in any standard empirical sense. Indeed, the canonical listing of presidential decisions to use force without prior authorization feeds a compliance-centered focus on the study of legal constraint rooted in long-since abandoned …

Tribute To Judge Robert Katzmann, Lindsay Nash

Articles

So thanks to Nancy and to the NYU Annual Survey of American Law for the privilege to speak here about Judge Katzmann, who's been a personal mentor to me and a real source of inspiration about the good that one person, albeit an extraordinary person, can do.

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …

Commercial Speech Protection As Consumer Protection, Felix T. Wu

Articles

The Supreme Court has long said that “the extension of First Amendment protection to commercial speech is justified principally by the value to consumers of the information such speech provides.” In other words, consumers—the recipients or listeners of commercial speech—are the ones the doctrine is meant to protect. In previous work, I explored the implications of taking this view seriously in three contexts: compelled speech, speech among commercial entities, and unwanted marketing. In each of those contexts, adopting a listener-oriented approach leads to the conclusion that many forms of commercial speech regulation should receive far less First Amendment scrutiny than …

The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth

Articles

Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …

Jurisliterature And Transgression, Peter Goodrich

Articles

The jurisliterary profession is the curious enterprise of writing, as a jurist, about law. Many seek to escape into literature, philosophy, critique, psychoanalysis, the couch, but then, in the main, they have abandoned law. Those that persist, who remain jurists, have the propensity to transgress the boundaries of the juridical, the strictures of abstraction and disembodiment, so as to generate accounts of legal sensibility, so as to manifest the polyglottal and visceral potential of transforming the juridical bubble into that most ethical of realms, the poetics of desire. Jurisliterary transgression, at its strongest, returns the materiality of imagination to the …

Tribute To Judge Robert Katzmann, Peter L. Markowitz

Articles

The article highlights Judge Robert Katzmann's transformative impact on immigrant access to legal counsel, particularly through the creation of the public defender system and the Immigrant Justice Corps. These initiatives have significantly improved outcomes for immigrants facing deportation, demonstrating the critical role of legal representation in ensuring justice. The programs have not only increased success rates for immigrants in court but also trained and retained a cadre of skilled immigration lawyers, setting a model for replication nationwide.

Review Of Chaim Saiman's The Rabbinic Idea Of Law, Suzanne Last Stone

Articles

The article reviews Chaim Saiman's Halakhah: The Rabbinic Idea of Law, highlighting its contribution to understanding rabbinic law as a cultural and educational force. Saiman's work bridges legal and cultural scholarship by emphasizing halakhah's dual role as both regulatory and expressive, drawing on Robert Cover's paideic model of law and Lawrence Rosen's concept of law as cosmology. The book explores how Talmudic discourse embodies this duality, blending legal reasoning with moral, theological, and ethical inquiry, and examines the tension between maintaining religious meaning and legal detail.