Law Commons^™

Genetic Engineering, Lack Of Regulation In The United States Of America And Its Potentially Problematic Applications, Krizia Rivera

Student Works

No abstract provided.

Not By Any Means: Defining Rfra’S Application To Title Vii, Sarah Ungeheuer

Student Works

No abstract provided.

A Forgotten Clause Of The Constitution: The Contract Clause In Light Of Sveen V. Melin, Robert Jenkin

Student Works

No abstract provided.

When Parents’ Interests And Minors’ Best Interests Conflict: The Rights Of Transgender Minors To Obtain Puberty Blocking Hormones Absent Parental Consent, Jessica Peslak

Student Works

No abstract provided.

What’S Mine Is Yours And What’S Yours Is Yours: How Employees Are Losing Their Intellectual Property Rights, Gary Prato

Student Works

No abstract provided.

Your Forced Arbitration Is Now Arriving: How Pre-Dispute Mandatory Arbitration Clauses In The Uber Application Reflects The Widening Gap Between Consumers And Businesses, Matthew Morris

Student Works

No abstract provided.

The Law Of Enhanced Weathering For Carbon Dioxide Removal, Romany M. Webb

Sabin Center for Climate Change Law

Despite scientists’ dire warnings about the catastrophic impacts of climate change, the greenhouse gases that cause it continue to be emitted in substantial amounts. While there is no question that deep, across the board cuts in greenhouse gas emissions are essential, many scientists now agree that simply cutting future emissions will not be enough. It will also be necessary to remove previously-emitted greenhouse gases from the atmosphere. This paper explores one greenhouse gas removal technique – enhanced weathering – which involves spreading finely ground silicate rocks or other materials with similar chemical composition over land or ocean waters. The materials …

Is Airbnb Polluting The Big Apple? The Impact Of Regulating The Short-Term Rental Service In New York City, Kayla Laskin

Journal of Civil Rights and Economic Development

(Excerpt)

Imagine your boss calls you into his office on a Monday morning. You think you are going to chat about the weekly agenda ahead; however, you notice the sullen look on your boss’s face. You immediately become nervous and think that no good news could possibly come from this meeting. You begin to glance over his desk and notice printouts for unemployment counseling and job listings in the area. Sheer panic begins to spread throughout your body, and then your boss states, “I’m sorry, we’re going to have to let you go.” Your stomach drops to the floor. Your …

For-Profit Managers As Public Fiduciaries: A Neo-Classical Republican Perspective, Rob Atkinson

Scholarly Publications

This Article examines the fiduciary duties of for-profit managers in modern liberal society. To arrive at the right "mix" of these duties, it compares the fiduciary duties implied by a standard descriptive model of our society with two competing normative models: Lockean libertarianism on the "right" and neo-classical republicanism on the "left." This comparison shows that all three versions of liberalism, even the one with a Lockean nightwatchman state, require far more extensive duties than we now expect, including a professionalization of management itself. And it shows that the version of liberalism with the most expansive state, neo-classical republicanism, requires …

Lessons From The Coronavirus Pandemic For Environmental Governance, Erin Ryan

Scholarly Publications

This very short essay distills lessons from the U.S. response to the COVID-19 pandemic for leaders everywhere about how—and how not—to manage complex interjurisdictional challenges, like the environment, which unfold without regard for political boundaries. In a matter of months, COVID-19 has laid bare the interdependence of the world on every front imaginable: global public health, economic growth and development, social and professional networks, transportation and migration, and of course, ecological and environmental systems. No single nation has the coronavirus. No one state is economically disrupted. There is no single ethnic group, occupation, or corner of the world that has …

A Short History Of The Public Trust Doctrine And Its Intersection With Private Water Law, Erin Ryan

Scholarly Publications

This article explores the development of public trust principles from early Roman and British law through modern U.S. law as a public commons approach to natural resource management, especially with regard to waterways. It then analyzes the tension between the common pool approach underlying the public trust regulation of waterways and the contrasting theoretical premises of American laws that regulate private use of the water within them—especially the privatization model embedded in the doctrine of prior appropriations, which assigns perpetual rights to withdraw from the watercourse on a first-in-time basis. The public trust doctrine, the protagonist of much modern environmental …

Responses To Liability Immunization: Evidence From Medical Devices, Elissa P. Gentry, Benjamin J. Mcmichael

Scholarly Publications

The Supreme Court's decision in Riegel v. Medtronic immunized medical device manufacturers from certain types of state product liability claims. However, this immunization applies only when the devices underlying those claims have been approved through the Food and Drug Administration's most rigorous-and costly-review process, premarket approval (PMA). Exploiting this decision, we examine whether manufacturers strategically respond to this new immunity. We find evidence that, following Riegel, approvals for highrisk product categories increase relative to the comparable change for low-risk categories, suggesting that firms are sensitive to the newly immunized risk. We additionally find evidence that physician treatment patterns with respect …

Climate Triage: A Resources Trust To Address Inequality In A Climate-Changed World, Shi-Ling Hsu

Scholarly Publications

Global climate change poses an existential threat to human civilization because it disrupts the supply of natural resources that provide basic life staples-water, food, and energy. If humankind is unable to adapt to a less abundant and less predictable supply of resources, then the effective scarcity will, as it often has in human history, lead to conflict. There is a chance, if greenhouse gas emissions can be sufficiently reduced to avoid the most serious consequences of climate change, that efficiency and sharing measures can make up for climate-induced shortfalls. Natural resources are not generally managed or consumed very efficiently, so …

Copyright And Attention Scarcity, Jake Linford

Scholarly Publications

No abstract provided.

Privacy Injuries And Article Iii Concreteness, Peter Ormerod

Faculty Publications

The Supreme Court's 2016 decision in Spokeo, Inc. v. Robins requires federal courts to investigate the "concreteness"of a plaintiff's injury, even after Congress has recognized the injury by statute. Spokeo's concreteness discussion is a confusing mixture of several distinct considerations,and there is little rhyme or reason to how the lower courts have interpreted and applied Spokeo to other statutorily authorized injuries.

This Article identifies four distinct informational injuries in the Court's past cases: injuries arising from the withholding, acquiring, using, and disseminating of information. To avoid Spokeo's mistakes, federal courts should give binding deference to Congress's decision to make an …

Tax Practice Gets A Mary Kay Makeover: The Tale Of Peterson And The Danielson Rule, Joy Sabino Mullane

Faculty Publications

No abstract provided.

The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang

Scripps Senior Theses

This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.

Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger, Gabrielle Appleby, Susan Frelich Appleton, Ross Astoria, Sharon Cowan, Rosalind Dixon, J. Troy Lavers, Andrea L. Mcardle, Elisabeth Mcdonald, Teri A. Mcmurtry-Chubb, Vanessa E. Munro, Pamela A. Wilkins

Elisabeth Haub School of Law Faculty Publications

This conversational-style essay is an exchange among fourteen professors—representing thirteen universities across five countries—with experience teaching with feminist judgments. Feminist judgments are ‘shadow’ court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India, and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases. This essay begins to explore the vast pedagogical potential …

The Right Family, Noa Ben-Asher, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

The family plays a starring role in American law. Families, the law tells us, are special. They merit, among others, tax deductions, testimonial privileges, untaxed inheritance, parental presumptions, and, over the course of the twentieth century, the Supreme Court has expanded individual rights stemming from familial relationships. In this Article, we argue that family matters as much for when it is ignored as for when it is featured. We shed light on the use of the family in the law by contrasting policies in which the family is the key unit of analysis with others in which it is not. …

The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

In this Symposium's initial lecture, I will (a) provide a glimpse into life in Medieval England to explain the context from which Magna Carta arose, (b) describe the evolution of environmental rights from Magna Carta to the Forest Carter, (c) explore in a case study how “liberties of the forest” functioned for 800 years in England's Royal Forest of Dean, ultimately sustaining the ecological systems of Dean, (d) discuss the “liberties of the forest” in light of Elinor Ostom's common pool analyses, and (e) offer some views on the question just posed. I shall start by describing the English environment …

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz E. Herrera, Jonel Newman

Faculty Scholarship

A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.” …

Copyright And The 1%, Glynn Lunney

Faculty Scholarship

No one ever argues for copyright on the grounds that superstar artists and authors need more money, but what if that is all, or mostly all, that copyright does? This article presents newly available data on the distribution of players across the PC videogame market. This data reveals an L-shaped distribution of demand. A relative handful of games are extremely popular. The vast majority are not. In the face of an L curve, copyright overpays superstars, but does very little for the average author and for works at the margins of profitability. This makes copyright difficult to justify on either …

Goodbye To Concurring Opinions, Meg Penrose

Faculty Scholarship

Modern Supreme Court opinions are too long. They are too fractured. And they often lack clarity. Separate opinions, particularly concurring opinions, are largely to blame. Today’s justices are more inclined to publish separate opinions than their predecessors.The justices do not want to read lengthy briefs but appear willing to publish lengthy opinions. Yet the justices owe us clarity. They should want the law to be understandable—and understood. In hopes of achieving greater legal clarity, this article calls for an end to concurring opinions.

The modern Court writes more separate opinions than past courts. It is becoming far too common that …

The U.S. Posture On Global Access To Medication & The Case For Change, Michael Palmedo, Srividhya Ragavan

Faculty Scholarship

The year 2020 marks the 25th anniversary of including intellectual property rights within the larger agenda of trade. While the marriage between trade and intellectual property was always uncomfortable, COVID-19 exposed the flaws, failures and the inadequacy of the trade agenda to harmonise intellectual property rights, particularly for patents in pharmaceuticals. Typically, the United States through its questionable United States Trade Representative (USTR) process exposed the vulnerabilities of the intellectual property systems of the rest of the world. COVID-19 exposed the manner in which the so-called ‘superior’ intellectual property regime of the US left the country with a weak health-care …

Fetal Equality, Shaakirrah R. Sanders

Washington and Lee Law Review Online

I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …

Too Sick To Work? Defending The Paid Sick Leave Movement And The New Jersey Paid Sick Leave Act, Dylan Karstadt

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

In Defense Of The Special Tribunal For Lebanon And Thecase For International Corporate Accountability, Osama Alkhawaja

Chicago Journal of International Law

In 2014, the Special Tribunal for Lebanon (“STL”) examined evolving international standards of corporate accountability and held that legal entities can be found liable for criminal conduct as a general principle of international law. Prior to this decision, and in stark contrast to trends in domestic legal regimes, no legal entity had ever been prosecuted, convicted, or sentenced in an international court. Although this marked a watershed moment in global corporate accountability mechanisms, it has had little precedential effect; scholars have argued it is because the decision lacked a valid legal basis and is limited in scope. This Comment addresses …

The Expansive Reach Of Pretrial Detention, Paul Heaton

North Carolina Law Review

No abstract provided.

Fines, Fees, And Filing Bankruptcy, Pamela Foohey

North Carolina Law Review

No abstract provided.

Governing The Salish Sea, Kyla Wilson

UC Law Environmental Journal

No abstract provided.