Law Commons^™

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.

Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur

Journal of Race, Gender, and Ethnicity

No abstract provided.

Examining How Comfortable Students Are In Contacting Campus Police At Central Washington University, Luis Gomez

All Master's Theses

The current study examined students’ willingness to contact campus police at Central Washington University. The dataset used to conduct the research study was the Fall 2019 survey collected by the LAJ department. Using Tyler's procedural justice model as a theoretical base, the current study examines students' willingness to contact the police based on key factors. The five demographic variables used were race/ethnicity, gender, sexual orientation, residency, and class standings. In addition to the demographic variables, three police attitude variables (general, demeanor, and effectiveness) were analyzed, but due to multicollinearity between these variables, the general attitudes variable was the only one …

India’S First Period: Constitutional Doctrine And Constitutional Stability, Madhav Khosla

Faculty Scholarship

Studies on constitutional stability and endurance rarely gesture toward the role of legal doctrine. While the workings of courts are often considered in understanding how a constitutional order might be sustained, this is almost variably achieved by examining the relationship between courts and other institutions. This chapter takes a different approach and studies the way in which constitutional consolidation might also be shaped by the doctrinal orientations and forms of reasoning that courts adopt. It does so by considering the first period of Indian constitutionalism. The focus is on two specific areas: the place of the Directive Principles in India’s …

Coordinating Injunctions, Bert I. Huang

Faculty Scholarship

Consider this scenario: Two judges with parallel cases are each ready to issue an injunction. But their injunctions may clash, ordering incompatible actions by the defendant. Each judge has written an opinion justifying her own intended relief, but the need to avoid conflicting injunctions presses her to make a further choice – “Should I issue the injunction or should I stay it for now?” Each must make this decision in anticipation of what the other will do.

This Article analyzes such a judicial coordination problem, drawing on recent examples including the DACA cases and the “sanctuary cities” cases. It then …

The Dual Origin Of The Duty To Disclose In Roman Law, Barbara Abatino, Giuseppe Dari-Mattiacci

Faculty Scholarship

The Roman law remedies for failure to disclose in sales contracts were developed by two different institutions: that of the aediles, with jurisdiction on market transactions effected through auctions, and that of the praetor, with general jurisdiction including private transactions. The aedilician remedies — the actiones redhibitoria and quanti minoris — allowed for rapid transactions and inexpensive litigation but generated some allocative losses ex post, as they did not incentivize the parties to exchange information about idiosyncratic characteristics of the goods for sale. In contrast, the remedy developed by the praetor — the actio ex empto — implied …

How To Fix The Climate, David G. Victor, Charles F. Sabel

Faculty Scholarship

Can the world meet the challenge of climate change? After more than three decades of global negotiations, the prognosis looks bleak. The most ambitious diplomatic efforts have focused on a series of virtually global agreements such as the Kyoto Protocol of 1997 and the Paris Agreement of 2015. With so many diverse interests across so many countries, it has been hard to get global agreement simply on the need for action; meaningful consensus has been even more elusive. Profound uncertainty about the effectiveness of various mitigation measures has made it difficult to estimate the cost of deep cuts in emissions.

Privative Copyright, Shyamkrishna Balganesh

Faculty Scholarship

“Privative” copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet modern thinking has attempted to undermine their place within copyright law and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that privative copyright claims form a legitimate part of the copyright landscape. It shows how privative copyright claims …

The Shrinking Constitution Of Settlement, David E. Pozen

Faculty Scholarship

Professor Sanford Levinson has famously distinguished between the "Constitution of Settlement" and the "Constitution of Conversation." The former comprises those aspects of the Constitution that are clear, well established, and resistant to creative interpretation. The latter comprises those aspects that are subject to ongoing litigation and debate. Although Americans tend to fixate on the Constitution of Conversation, Levinson argues that much of what ails our republic is attributable, at least in part, to the grossly undemocratic and "decidedly nonadaptive" Constitution of Settlement.

This Article, prepared for a symposium on Levinson's coauthored book Democracy and Dysfunction, explains that the Constitution of …

Criminal Law - Search And Seizure: Determining Probable Cause Relating To "Hands-Free" Laws, Joseph Hackman

North Dakota Law Review

No abstract provided.

Billed V. Paid - Why The Amount Billed By A Medical Provider Is The Only Amount A Jury Should Consider In Determining The Reasonable Value Of Medical Care In A North Dakota Personal Injury Action, James R. Hoy

North Dakota Law Review

No abstract provided.

Contracts - Restraint Of Trade Or Competition In Trade - Forum-Selection Clauses & Non-Compete Agreements: Choice-Of-Law And Forum-Selection Clauses Prove Unsuccessful Against North Dakota's Longstanding Ban On Non-Compete Agreements, Abigale Griffin

North Dakota Law Review

No abstract provided.

A New Wave Of Privacy And Consumer Laws: Should The California Consumer Privacy Act Be Implemented In North Dakota?, Paul Monnin

North Dakota Law Review

No abstract provided.

Realistically Reevaluating Social Media Data: The Privacy Paradox And The Possibility Of Propertization, Thomas J. Gordon

Student Works

No abstract provided.

Compensating What We Cannot See - Combat Veterans And The “Invisible Injury” Of Chronic Traumatic Encephalopathy, Deirdre Cooney

Student Works

No abstract provided.

Education Overhaul: New Jersey’S Latest Legislative Measures For Public School Funding, Kyle Kennett

Student Works

No abstract provided.

The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway

Faculty Publications

For more than half a century, documented police brutality has affected communities of color and the American legal system has largely failed to address it. Beginning with Rizzo v. Goode, Supreme Court decisions have allowed local police departments nearly unlimited discretion in their policies and practices. That decision and others demonstrate that the Supreme Court is misaligned with governmental initiated reforms. The Violent Crime Control and Law Enforcement Act of 1994, which allows the U.S. Attorney General and the U.S. Department of Justice (“DOJ”) to investigate law enforcement agencies’ practices and seek injunctive relief against agencies found to have engaged …

Common Interest Doctrine In Ip Transactions, John C. Reich, Sangki Park

Cybaris®

No abstract provided.

The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston

Cybaris®

No abstract provided.

Professional Women Subjugated By Name-Calling And Character Attacks, Maritza I. Reyes

Journal Publications

The #MeToo Movement reminds us that women can begin movements through individual action. The #MeToo Movement also confirms that we are still dealing with the same old strategies that keep women in subjugated spaces, including in our workplaces. This Article analyzes how name-calling and character attacks continue to be used to put professional women in a gendered place. These strategies were used to defeat Hillary Clinton in her efforts to become the first female president of the United States. If we do not challenge their destructive effect, professional women will continue to be expected to put up with conduct that …

Issues With The Determination Of Brain Death: The Case For Religious And Moral Exceptions, Alyson Schwartz

Student Works

No abstract provided.

Janus (In)Decisis: The Role Of (Purportedly) Poorly-Reasoned Precedent In The Stare Decisis Calculus, Daniel F. Carola

Student Works

No abstract provided.

Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra

Maryland Law Review Online

No abstract provided.

Foreward, Jason Anthony Robison

Wyoming Law Review

No abstract provided.

In The Name Of Federalism And Free Markets, Zhen Liu

Student Works

No abstract provided.

Issues In Access To Opioid Treatment Medication, Asma Alqudah

Student Works

No abstract provided.

The Debilitating Disease Of Chronic Pain And The Case For Mandated Integration Of Evidence-Based Alternatives Into Individualized Treatment Plans, Stephanie L. Flackman

Student Works

No abstract provided.

Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams

Journal Publications

Atlantic Coast Pipeline, LLC, proposed construction of a natural gas pipeline stretching from West Virginia to North Carolina. The route approved by the Federal Energy Regulatory Commission included a section running across National Forest System land, including the point at which the pipeline would cross the Appalachian National Scenic Trail (ANST). After initial objections, the U.S. Forest Service reversed course and issued the needed right-of-way across National Forest System lands. Environmental groups objected and a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held that the Forest Service had acted arbitrarily and capriciously thereby violating …

Under The Pecos River Compact, Can Texas's Allocation Of Water Be Charged For Evaporation Of Floodwater Stored In An Upstream Reservoir Located In New Mexico?, Robert Abrams

Journal Publications

The 1949 Pecos River Compact allocates the river’s water between Texas and New Mexico. In an earlier phase of this original jurisdiction litigation, concluded roughly 30 years ago, the Supreme Court resolved issues regarding how the states’ obligations were to be calculated. The Compact allocation involves a highly technical formula that depends on measurements of the river’s inflow and outflow in each water year. To effectuate its decision going forward, the Court retained jurisdiction and appointed a River Master to oversee the annual quantification of New Mexico’s delivery obligation. The current dispute arose when in fall of 2014, Tropical Storm …

Permanently Residing Under Color Of Law: A Practitioner's Guide To An Ambiguous Doctrine, Steven Sacco, Sarika Saxena

City University of New York Law Review

New regulations[1] recently issued on the public charge ground of immigrant inadmissibility makes more crucial than ever the need to determine which non-U.S. citizens are and are not eligible for certain public assistance programs. The doctrine known as "PRUCOL," or permanently residing under color of law, establishes public benefit eligibility for non-U.S. citizens in several jurisductions. The doctrine's lack of statutory definition and inconsistent application in the case law makes it notoriously difficult for practitioners and benefit programs to identify who is and is not PRUCOL. For the non-U.S. citizens applying for benefits, and their advocates practicing at the intersection …