Law Commons^™

Lawrence Friedman's Crime Without Punishment: Aspects Of The History Of Homicide, Guyora Binder

Book Reviews

No abstract provided.

Un Análisis Radiográfico Del Cumplimiento De Las Sentecias De La Corte Interamericana De Derechos Humanos, Max Silva Abbott

ILSA Journal of International & Comparative Law

No abstract provided.

Drones Have Arrived, With New Opportunities And Challenges: A Comparative Approach To Regulations Governing The Operations Of Unmanned Aerial Vehicles In The United States, Italy, Costa Rica, United Arab Emirates, Canada, Nicaragua, Spain, And Saudi Arabia, Jose M. Canaura

ILSA Journal of International & Comparative Law

No abstract provided.

Los Drones Han Llegado, Con Nuevas Oportunidades Y Desafíos: Un Enfoque Comparativo De Las Regulaciones Que Rigen Las Operaciones De Los Vehículos Aéreos No Manejados En Los Estados Unidos, Italia, Costa Rica, Emiratos Árabes Unidos, Canadá, Nicaragua, España Y Arabia Saudita, Jose M. Canaura

ILSA Journal of International & Comparative Law

No abstract provided.

Caso Uber, Las Implicaciones De La Ley De Competencia En Europa Y América Latina: Defensores De La Vieja Economía Versus Promotores De La Revolución Digital, Lavinia Meliti

ILSA Journal of International & Comparative Law

No abstract provided.

Regulating Sports Gaming Data, Ryan Rodenberg

UNLV Gaming Law Journal

No abstract provided.

Criminal Justice Citizenship, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized system of adjudication silences the voice of the people. A better system would strengthen “criminal justice citizenship,” which refers to the right of the citizenry to participate, directly and indirectly, in the criminal justice system and to deliberate in its workings.

The three key principles of criminal justice citizenship are membership, participation, and deliberation. …

Table Of Contents

West Virginia Law Review

No abstract provided.

A Thing Called Character: Bringing The Export-Import Bank Of The United States And West Virginia To The World, Kimberly A. Reed

West Virginia Law Review

No abstract provided.

Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt

Law Librarian Scholarship

In our increasingly globalized world, a legal issue outside of American domestic law can pop up in a variety of circumstances. Commercial transactions, marriage and custody issues, immigration statuses, and more may involve the law of another nation or be governed by an international treaty. This article outlines some resources to help you tackle foreign, comparative, and international legal issues, whenever they arise.

Cooperation In The International System: An Interdisciplinary Investigation At The Intersection Of International Relations And International Law, Kalyani Unkule

Maurer Theses and Dissertations

A conversation between the disciplines of International Relations and International Law illuminates the nature of interstate cooperation and enhances our understanding of the nature and potential of international law. There are methodological and practical asymmetries between International Relations and International Law which create ideal conditions for interdisciplinary work. Studying international cooperation on protecting cultural heritage enable us to address the above questions and reevaluate and extend underlying theoretical frameworks.

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

The Negative Consumer Effects Of Corporate Mergers On Life-Saving Drug Availability, John Marshall

The Business, Entrepreneurship & Tax Law Review

As the market for pharmaceutical drugs has grown, pharmacy benefit managers (“PBMs”) have been able to carve out a niche market for themselves and have become extremely profitable. However, their ability to regulate medication prices may be compromised through mergers with other entities involved in the complex pharmaceutical market. As illustrated by the CVS and Aetna merger, it is clear that a more effective regulatory body must step in or be formed to ensure that private companies cannot exploit. individuals who rely on these life-saving drugs.

No Pay No Play: Not Okay? Analyzing The Constitutionality Of Missouri’S No Pay No Play Statute Following Jiles V. Schuster Co., Jorell Kuttenkuler

The Business, Entrepreneurship & Tax Law Review

This article analyzes the effects of Jiles v. Schuster Co. by looking at the case governing the decision, Watts v. Lester E. Cox Med. Ctrs. Evidence suggests Missouri has not historically upheld the “inviolate” right to a jury determination of damages, as established in that case, and thus casts doubt on the final decision reached in Watts v. Lester E. Cox Med. Ctrs. In Watts, the Supreme Court of Missouri found that statutory caps on non-economic damages stemming from medical malpractice were unconstitutional. Recent cases, such as Jiles, support the conclusion that the No Pay No Play statute falls within …

Vaccine Hesitancy: Experimentalism As Regulatory Opportunity, Ana Santos Rutschman, Timothy L. Wiemken

The Business, Entrepreneurship & Tax Law Review

This issue on patient innovation has prompted us to explore problems related to departures from official vaccination schedules. Vaccine confidence has been plummeting across the world. In this essay, we argue that a more granular understanding of vaccine hesitancy—and ultimately a more finely tuned regulatory framework—is needed to reflect the current behavioral heterogeneity among indicated patients who choose to forego or delay administration of recommended vaccines. In particular, we focus on a phenomenon we term “vaccine staggering:” a departure from vaccination schedules in the form of delays in receiving one or more vaccines, which is motivated by the desire to …

The Law Of Patient Innovation, Sam F. Halabi, Tim Richard

The Business, Entrepreneurship & Tax Law Review

Although the movement for patient empowerment has been under way for decades, patients remain relatively marginalized by medical providers, innovators, and payers. Physicians diagnose and prescribe treatment, innovators endeavor to develop drugs and devices that they can recommend to both physicians and payers, including Medicare. Patients remain in the background, presumed to be passive recipients of breakthroughs that follow this system of discovery and finance. The law is a significant reason why this is so. This Article outlines the most significant areas of law that need to change to allow patients to innovate in collaborative partnership with their physicians, including …

Insert Another Coin To Continue: How In-Game Benefits In Video Games Should Be Addressed By The Irs, Clay Alexander

The Business, Entrepreneurship & Tax Law Review

This article will look at the world of in-game benefits and address the tax implica-tions of various possible classifications. It will also put forward various concerns and possible solutions to the problem posed by this issue.

A Delicate Balance: Limiting Consolidation In Agricultural Seed Markets Without Stifling Innovation, Justin Brickey

The Business, Entrepreneurship & Tax Law Review

Agricultural seed markets have experienced significant consolidation over the past fifty years, apparently driven by private investment in research and development (“R&D”) made profitable through extensive intellectual property protections. The current intellectual property law regime on plants allows an innovator to obtain a wide variety of protections on new plant varieties, whether created through natural breeding processes or genetic engineering. Investment has paid off and the United States has experienced significant benefits through increased productivity, meaning we produce significantly more food today without using more land than our grandparents. However, agricultural markets deserve, and are often given, unique consideration because …

Statutes And Spokeo: The Case Of The Fdcpa, Jason R. Smith

University of Chicago Law Review

The Supreme Court’s decision in Spokeo, Incv Robins clarified the “concreteness” element of the injury-in-fact requirement for standing. The Court explained that while some statutory violations are concrete injuries, others are merely procedural and insufficient for standing without additional allegations of concrete harms. Federal courts have divided on the decision’s application to many statutory causes of action, including the mandatory disclosure requirements of the Fair Debt Collection Practices Act (FDCPA). While some courts view FDCPA mandatory disclosure violations as concrete injuries if they threaten the plaintiff’s concrete interests, others view the violations as merely procedural and never sufficient for standing. …

Explaining The Recent Homicide Spikes In U.S. Cities: The 'Minneapolis Effect' And The Decline In Proactive Policing, Paul Cassell

Utah Law Faculty Scholarship

Recently major cities across the country have suffered dramatic spikes in homicides. These spikes are remarkably large, suddenly appearing, and widespread. At this rate, 2020 will easily be the deadliest year in America for gun-related homicides since at least 1999, while most other major crime categories are trending stable or slightly downward.

This article attempts to explain why so many cities have seen extraordinary increases in murder during the summer of 2020. A close analysis of the emerging crime patterns suggests that American cities may be witnessing significant declines in some forms of policing, which in turn is producing the …

Toward A Per Se Rule Against Price Gouging, Ramsi Woodcock

Law Faculty Scholarly Articles

Price gouging is the use of high prices to ration access to a good in unexpectedly short supply. Because sellers can always recoup their costs by choosing not to ration with price and instead allowing the good to sell out, price gouging harms consumers: it transfers wealth from consumers to firms unnecessarily. This harm to consumers could violate the antitrust laws in two ways. First, it could serve as the basis for a per se rule against algorithmic price gouging — surge pricing — because the superhuman speeds with which surge pricing algorithms respond to shortages effectively shorten the period …

"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro

West Virginia Law Review

No abstract provided.

Undefeated - The Importance Of Bipartisanship Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - The Importance of Bipartisanship poster

"Let us not seek the Republican answer or the Democratic answer, but the right answer." "Let us not seek to fix the blame for the past, let us accept our own responsibility for the future."

Undefeated - Vote Values Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.

Political Questions And The Ultra Vires Conundrum, Richard H. Fallon Jr.

University of Chicago Law Review

This Article advances a novel theory of the political question doctrine by locating its foundations in a conundrum about ultra vires action, exemplified by the ancient question: Who will guard the guardians? The political question doctrine marks some questions as ultra vires the judicial power, or beyond the jurisdiction of courts to resolve. Correspondingly, designation of a question as political typically identifies it as lying within the jurisdiction of a nonjudicial institution to settle. Even after denominating a question as political, however, courts retain a responsibility to check actions by other institutions that overreach those institutions’ authority and thus are …

Undefeated - 12 Continues, Sally Brown

Undefeated Exhibit Panels

No abstract provided.

Reimagining The Philosophy Of Evaluation, Assistance, And Certification (Eac) Project: The Ials Model Reform In Legal Education, Sreejith S.G.

St. Mary's Law Journal

In 2017, the International Association of Law Schools (IALS) launched its Evaluation Assistance and Certification (EAC) Project. The Project, essentially meant to enable law schools to raise themselves to international standards in legal education, has not only advanced the work of IALS but also broadened its mandate, giving IALS a new philosophy and outlook. The renewed philosophy of IALS is a philosophy of ambition, solidarity, self-becoming, and the pursuit of excellence. This article, after conceptualizing the modalities of the Project, examines that philosophy, exploring the impact it will have on law school performance and on legal education at large. Finally, …

Undefeated - An Even More Ugly Example! Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - An Even More Ugly Example! poster

"This What Gerrymandering Looks Like" display of West Virginia redistricting.

The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino

West Virginia Law Review

No abstract provided.

Racial Segregation In West Virginia Housing, 1929-1971, Nathan Tauger

West Virginia Law Review

No abstract provided.