Law Commons^™

Subchapter V: A Product Of The Small Business Reorganization Act Of 2019, Seth Snyder

Law Student Works

The Small Business Reorganization Act of 2019 (SBRA) went into effect on February 19, 2020 to provide small businesses bankruptcy relief that was previously untenable under a traditional chapter 11 reorganization. The SBRA created subchapter V of chapter 11, codified as 11 U.S.C. §§ 1181 – 1195, that is available for small business debtors with debts less than $2,725,625. The debt limit has been temporarily increased to $7,500,000 until March 26, 2021 by the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act).

The timing of the new law could not have been better considering how small businesses have …

Gender Pay Discrimination & The Equal Pay Act: Legal Research & Methods, Emily Sullivan

Law Student Works

More than 50 years since the Equal Pay Act (1963) was passed, the subject of wage inequality between the sexes remains a critical topic for women, members of Congress, advocacy groups, business and legal communities. Within the last decade, the legal community has seen a wave of litigation alleging discrimination across a wide variety of industries, including within the legal field itself. Wage discrimination has negative consequences for women, communities, and employers—discrimination in the workplace is inefficient and resulting litigation is costly.

In this Pathfinder guide, you will find a brief background on the Equal Pay Act as it pertains …

Corporate Social Responsibility And Multinational Corporations: Emerging Vehicle For Doing Public Good, Irma S. Russell, Roger R. Martella

Faculty Works

No abstract provided.

2019-20 Survey Of Applied Legal Education, Robert R. Kuehn, Margaret Reuter, David A. Santacroce

Faculty Works

This report presents the results of the 2019-20 Center for the Study of Applied Legal Education (CSALE) Survey of Applied Legal Education. The survey was composed of two parts – a Master Survey directed to ABA accredited U.S. law schools and a Sub-Survey distributed to each person teaching in a law clinic or field placement course. Ninety-five percent of law schools and over 1,300 clinical teachers participated in the survey. The results provide valuable insight into clinical programs and law clinic and field placement courses in areas such as design, capacity, administration, funding, and pedagogy, and into the role and …

Strategies For Equitable Access: A Discussion On Public School District Enrollment, Lisa A. Gooden

Presentations and Speeches

Presentation prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Discussion includes an analysis of current practices and outcomes, potential future goals, and annotated examples of enrollment strategies employed by school districts in the United States designed to foster equitable access.

Strategies For Equitable Access: Identifying Benefits And Strategies For Creating Integrated Public Schools, Annotated Examples Of Current School District Enrollment Practices, And Resources For Further Exploration, Lisa A. Gooden

Faculty Works

Prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Includes a summary of the benefits of integrated schools, strategies for creating equitable schools, annotated examples of current practices employed by public school districts in the United States to foster equitable access to education, and list of links to additional resources for further reading.

The Iccpr, Non-Self-Execution, And Daca Recipients' Right To Remain In The United States, Timothy E. Lynch

Faculty Works

The United States is a party to the International Covenant on Civil and Political Rights (ICCPR). Article 12.4 states, “No one shall be arbitrarily deprived of the right to enter his own country.” Citizens clearly enjoy the rights of Article 12.4, but this Article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR’s preparatory works and the jurisprudence of the Human Rights Committee, I demonstrate that Article 12.4 also forbids states from deporting long-term resident non-citizens – both documented and undocumented – except under the rarest circumstances. As a result, …

Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus

Faculty Works

Suffering from a well-covered “crisis of volume,” the United States Courts of Appeals have patched together an ad hoc system of triage in an effort to provide cases with sufficient attention. For example, only some cases are assigned to central staff, analyzed by law clerks, orally argued, debated over by judges, or decided in published opinions. The courts have evaded overt disaster by increasing the number of active, senior, and visiting judges, but the additional personnel poses its own demands on attention—judges must also pay attention to one another in order to coherently develop and apply the law. With too …

Visual Appropriation Art, Transformativeness, And Fungibility, Jasmine C. Abdel-Khalik

Faculty Works

As an intentionally flexible doctrine, fair use in copyright has a long history of ambiguity and criticism. While courts have developed various standards and considerations to give fair use some shape, key decisions have generally done so in the context of textual material. Likewise, the examples in Judge Leval’s seminal work on fair use involve textual material. His argument to assess the first fair use factor based on transformativeness has won the day. But in contrast to the textual examples, interpreting the meaning and transformation of visual works is rife with danger.

Recent appropriation art cases exemplify this danger and …

Artificial Agents In Corporate Boardrooms, Sergio Alberto Gramitto Ricci

Faculty Works

Thousands of years ago, Roman businessmen often ran joint businesses through commonly owned, highly intelligent slaves. Roman slaves did not have full legal capacity and were considered property of their co-owners. Now business corporations are looking to delegate decision-making to uber intelligent machines through the use of artificial intelligence in boardrooms. Artificial intelligence in boardrooms could assist, integrate, or even replace human directors. However, the concept of using artificial intelligence in boardrooms is largely unexplored and raises several issues. This Article sheds light on legal and policy challenges concerning artificial agents in boardrooms. The arguments revolve around two fundamental questions: …

The Future Of Family Law Education, Barbara Glesner Fines

Faculty Works

No abstract provided.

Bias: An Annotated Bibliography, Allen K. Rostron

Faculty Works

No abstract provided.

Congress Should Decline Ill-Advised Legislative Proposals Aimed At Evergreening Of Pharmaceutical Patent Protection, Christopher M. Holman

Faculty Works

There is a widespread perception that drug prices in the U.S. are much higher than they should be, and that the problem is only getting worse. Critics argue that the pharmaceutical industry is improperly gaming the system in a manner that takes advantage of legal loopholes and administrative limitations to the detriment of patients and third-party payers. Both houses of Congress responded in 2019 with a slew of hearings focused on pharmaceutical pricing, and dozens of bills have been introduced that would attempt to bring down the cost of drugs. Much of the discussion, and some of the proposed legislation, …

Law, Artificial Intelligence, And Natural Language Processing: A Funny Thing Happened On The Way To My Search Results, Paul D. Callister

Faculty Works

Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325 federal courts of appeals decisions, revealed that only 16% of the cases cited in appellate briefs make it into the courts’ opinions. This does not exactly inspire confidence in legal research or its tools to maintain stability of the law. As Robert Berring foresaw, …

State Universities Push The Limits Of Eleventh Amendment Sovereign Immunity At The Federal Circuit,, Christopher M. Holman

Faculty Works

No abstract provided.

Willowood V. Syngenta Petition For Certiorari Asks Supreme Court To Weigh In On Copyright Protection For Generic Pesticide Labeling, Christopher M. Holman

Faculty Works

No abstract provided.

Glaxosmithkline V. Teva: Holding A Generic Liable For An Artificial Act Of Inducement, Christopher M. Holman

Faculty Works

No abstract provided.

Ajinomoto V. Itc, The Doctrine Of Equivalents, And Biomolecule Claim Limitations At The Federal Circuit, Christopher M. Holman

Faculty Works

The doctrine of equivalents (DOE) allows a court to hold an accused infringer liable for patent infringement in spite of the fact that the accused product (or process) does not fall within the literal scope of the asserted patent claim(s). Prosecution history estoppel (PHE), which can be triggered by a narrowing amendment of a patent claim during patent prosecution, or by arguments made during prosecution, imposes significant constraints on the ability of a patentee to assert the DOE. The 1990s and early 2000’s saw a proliferation of legal commentary postulating that the DOE would play an important role in protecting …

How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson

Faculty Works

This study looks at the nature of the relationship between the number of state-regulated mobile homes and per capita income, so as to determine whether higher-income parts of Illinois have more mobile homes than would be predicted by the conventional wisdom. It does so by identifying a simple way to determine the nature of any relationship between mobile homes and per capita income, which the conventional wisdom assumes to be negative, if only at the county level in Illinois. The study, specifically, collects and analyzes mobile home data from Illinois and per capita income data from the U.S. Census. After …

Perspectives On The Restatement Of The Law, Liability Insurance: What's All The Hoopla About?, Elizabeth C. Sackett, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Introduction To Symposium Issue: Organizational And Transactional Structures For Social Entrepreneurship, Anthony J. Luppino

Faculty Works

No abstract provided.

Susan Nevelow Mart, Leadership Profile, Paul D. Callister

Faculty Works

No abstract provided.

The Problem With Predators, June Carbone, William K. Black

Faculty Works

Both corporate theory and sex discrimination law start with presumptions that CEOs seek to advance legitimate ends and design the internal organization of business enterprises to achieve such ends. Yet, a growing literature questions why CEOs and boards of directors nonetheless select for Machiavellianism, narcissism, psychopathy, and toxic masculinity, despite the downsides associated with these traits. Three scholarly literatures—economics, criminology, and gender theory—draw on advances in psychology to shed new light on the construction of seemingly dysfunctional corporate cultures. They start by questioning the assumption that CEOs—even CEOs of seemingly mainstream businesses—necessarily seek to advance “legitimate” ends. Instead, they suggest …

Patent Term Adjustment: Recent Developments At The Federal Circuit And Pto, Christopher M. Holman

Faculty Works

No abstract provided.

The Future Of Family Law: An Annotated Bibliography, Allen K. Rostron

Faculty Works

No abstract provided.

Machines Finding Injustice, Hannah S. Lacqueur, Ryan W. Copus

Faculty Works

With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

Faculty Works

A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …

The Use Of Experts In Family Law Cases: An Annotated Bibliography, Allen Roston

Faculty Works

This bibliography covers significant issues relating to the use of experts in family law cases. For some topics, like the use of experts in child custody cases, it focuses on literature that is specific to the family law field. For topics that relate broadly to experts in all kinds of legal matters, it includes articles that shed valuable light on issues and concerns about the use of experts in general as well as articles that specifically relate to the use of experts in the family law realm.

Inherency In The Patenting Of Biotechnology And Pharmaceutical Innovation, Christopher M. Holman

Faculty Works

No abstract provided.

Procedural Fairness In A Pandemic: It's Still Critical To Public Trust, Kevin S. Burke, Steve Leben

Faculty Works

Social science research shows that when judges apply procedural fairness (procedural justice) principles while handling cases, litigant satisfaction with the court system and willingness to comply with court orders increases. These principles call for judges to be sure people in court have a chance to be heard, are dealt with by a neutral but empathetic judge, and have a good explanation of both procedures and outcome.

The COVID-19 pandemic has disrupted normal court operations, putting additional pressures on both courts and litigants. The pandemic has also occurred when public trust in institutions generally is lower than normal. Since adherence to …