Law Commons^™

Law School News: Rwu Law Dean Seeking To Build On Culture Of Service, Innovation 12/09/2020, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Autonomous Cyber Weapons And Command Responsibility, Russell Buchan, Nicholas Tsagourias

International Law Studies

Autonomous cyber weapons have made their way onto the battlefield, raising the question of whether commanders can be held criminally responsible under command responsibility when war crimes are committed. The doctrine of command responsibility has a long history in international criminal law and comprises three core elements: the existence of a superior-subordinate relationship, the commander’s knowledge of the crime, and the commander’s failure to prevent or repress the subordinate’s criminal actions. This article unpacks the content of these elements and applies them to autonomous cyber weapons by treating them as being analogous to soldiers since they operate within an organized …

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Assessing The Unethical Phenomenon Behind Hollywood’S Handshake Agreements, Daniel Rico

University of Miami Business Law Review

The Hollywood Film Industry has maintained a unique characteristic of allowing substantial capital investments to regularly proceed on the basis of oral (“handshake”) agreements.1 These handshake agreements result in an uncertain threat of legal enforcement and an increased exposure to contract liability. Nevertheless, handshake contracts have become so prevalent in Hollywood’s entertainment industry that no matter one’s opinion on the merits of using these contracts, attorneys have conformed to this longstanding tradition in order to stay competitive.

As a result, this longstanding practice of conducting business through handshake agreements has contributed to another time-honored Hollywood tradition: contract disputes. Hollywood’s flexible …

Immigration, Retaliation, And Jurisdiction, Daniel E. Simon

University of Chicago Legal Forum

No abstract provided.

When Free Speech Isn’T Free: The Rising Costs Of Hosting Controversial Speakers At Public Universities, Rebecca Roman

University of Chicago Legal Forum

No abstract provided.

“Segs And The City” And Cutting-Edge Aesthetic Experiences: Resolving The Circuit Split On Tour Guides’ Licensing Requirements And The First Amendment, Marie J. Plecha

University of Chicago Legal Forum

No abstract provided.

Preserving A Democratic Shield: First Amendment Challenges To Michigan’S Independent Redistricting Commission, Michael Ortega

University of Chicago Legal Forum

No abstract provided.

The Practice Of Prayer At School Board Meetings: The Coercion Test As A Framework To Determine The Constitutionality Of School Board Prayer, Claire Lee

University of Chicago Legal Forum

No abstract provided.

Climate Change Disclosures After Nifla, Daniel Abrams

University of Chicago Legal Forum

No abstract provided.

The Majoritarian Press Clause, Sonja R. West

University of Chicago Legal Forum

No abstract provided.

Lapidation And Apology, Cass R. Sunstein

University of Chicago Legal Forum

Groups of people, outraged by some real or imagined transgression, often respond in a way that is wildly disproportionate to the occasion, thus ruining the transgressor’s day, month, year, or life. To capture that phenomenon, we might repurpose an old word: lapidation. Technically, the word is a synonym for stoning, but it sounds much less violent. It is also obscure, which makes it easier to enlist for contemporary purposes. Lapidation plays a role in affirming, and helping to constitute, tribal identity. It typically occurs when a transgressor is taken to have violated a taboo, which helps account for the different …

Free Speech And The “Unique Evils” Of Public Accommodations Discrimination, Elizabeth Sepper

University of Chicago Legal Forum

No abstract provided.

Free Speech Overrides, Frederick Schauer

University of Chicago Legal Forum

No abstract provided.

Discrimination, The Speech That Enables It, And The First Amendment, Helen Norton

University of Chicago Legal Forum

No abstract provided.

Defending Speech Crimes, Judith P. Miller

University of Chicago Legal Forum

No abstract provided.

The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.

University of Chicago Legal Forum

No abstract provided.

Uncommon Law: The Past, Present And Future Of Libel Law In A Time Of “Fake News” And “Enemies Of The American People”, Jane E. Kirtley

University of Chicago Legal Forum

No abstract provided.

Must Free Speech Be Harmful?, Leslie Kendrick

University of Chicago Legal Forum

No abstract provided.

Is There An Anti-Democracy Principle In The Post- Janus V. Afscme First Amendment?, Charlotte Garden

University of Chicago Legal Forum

No abstract provided.

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Danielle Keats Citron, Mary Anne Franks

University of Chicago Legal Forum

No abstract provided.

The Shifting Law Of Sexual Speech: Rethinking Robert Mapplethorpe, Amy Adler

University of Chicago Legal Forum

No abstract provided.

Whole Issue 2020

University of Chicago Legal Forum

THE UNIVERSITY OF CHICAGO LEGAL FORUM VOLUME 2020

Concepts That Can Help Practitioners Help Parties Make Decisions In Disputes, John Lande

Faculty Blogs

A fundamental purpose of dispute resolution practitioners is to help people make decisions about processes, procedures, and issues in managing their conflicts. This post lists concepts to help people make decisions about the choice of dispute resolution process, specific procedures in a given process, and resolving issues in dispute. In resolving disputes, people should consider the value of plausible options and the future tangible costs and intangible costs and interests of continuing the dispute. The post lists specific cognitions, possible actions, and practitioner interventions promoting good decision-making.

Menstrual Equity In Schools: Existing State Laws, Marcy L. Karin, Galina M. Abdel Aziz

D.C. Council Testimony

This chart supplements our November 24, 2020 testimony in support of B23-0887, the “Expanding Student Access to Period Products Act of 2020.” It compares existing state laws that provide access to free menstrual products in schools.

Equitable Defenses In Patent Law, Christa J. Laser

University of Miami Law Review

In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines make up the defense of “unenforceability” as it was codified into the Patent Act in 1952: laches; estoppel; unclean hands; patent misuse; and according to some, inequitable conduct. Yet in the seventy years since incorporation of equitable defenses into the patent statute, the Supreme Court has not clarified their reach. Indeed, twice in the last four years, the Supreme Court avoided giving complete guidance on the crucial questions of whether, and when, such equitable defenses are available to bar damages in cases brought at law.

Several interpretive …

The Middle Ground: A Meaningful Balance Between The Benefits And Limitations Of Artificial Intelligence To Assist With The Justice Gap, Katherine L. W. Norton

University of Miami Law Review

Access to justice continues to be an ongoing battle for those who cannot afford an attorney in civil legal matters. These civil legal matters touch issues that significantly impact daily life, from issues relating to health, such as advance directives, to family, such as custody of children. Lawyers, courts, and scholars have attempted to tackle this ongoing problem in our justice system. Some suggest that providing free counsel for all civil legal matters is the solution, while others suggest that self-help materials provide more immediate access to services and information. Regardless of the position one takes, the need is clear …

Of What Consequence?: Sexual Offender Laws And Federal Habeas Relief, Katherine A. Mitchell

University of Miami Law Review

New concerns for an old writ. The relatively recent advent of sex offender registries has led to consequences in the habeas corpus context—and they may be more than collateral. In particular, are the restraints imposed on registered sex offenders severe enough to constitute custody for habeas jurisdiction? With a recent split among the federal circuit courts, this Article attempts to decipher which side of the split the Supreme Court will—and should—fall.

Unvested: How Equity And The Deferred Payment Gamble In Startups Shortchange Employees Targeted By Discrimination, Katie Black

University of Miami Law Review

The new American Dream is not limited to Silicon Valley. Startups span the nation. They exist in a vast array of sizes and ideologies. Nonetheless, by their very nature, startups are boundary-pushing enterprises. For all the world-altering good they can do, sometimes, that crashing-into-walls mentality comes at the price of pushing human and legal boundaries as well. While the entity tries to grow and create, almost hydraulically using what little human and financial capital it may have to build the once-impossible, startup employees can be left to bear the cost when it is their boundaries that are broken. Discrimination is …

Twenty-First Century Formalism, Thomas B. Nachbar

University of Miami Law Review

Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth century, formalism’s meaning has become confused as formalism has been enlisted by both proponents and opponents of specific legal methodologies. For some, formalism has simply become an epithet used to describe virtually anything they dislike in legal thinking. Used often and inconsistently as a stand-in (and frequently a strawman), formalism’s distinct identity has been lost, its meaning merged with whatever methodology it is being used to support or attack.

This Article seeks to separate formalism …