Law Commons^™

Force Majeure, Vis Major, Impossibility, And Impracticability Under Ohio Law Before And After Covid-19, Laura Gates

University of Cincinnati Law Review

No abstract provided.

Reifying Anderson-Burdick: Voter Protection In The Time Of Pandemic And Beyond, Keeley Gogul

University of Cincinnati Law Review

No abstract provided.

Saving The Nonessential With Radical Tax Policy, Rodney P. Mock, Kathryn Kisska-Schulze

University of Cincinnati Law Review

Under the Internal Revenue Code of 1986, as amended, for-profit entities are distinguishable from tax-exempt entities in that they, among other factors, pursue profits, and enjoy unrestricted commercial activities. The COVID-19 lockdowns prevented commercial activity for numerous for-profit small businesses. For the first time in United States history, a distinction was made between "essential" and "nonessential" businesses. Such distinction is historically absent in both legal scholarship and tax law; instead, it is a product of governmental reaction to the COVID-19 pandemic. Via executive order, nonessential businesses were characterized as being trivial to the fabric of society, and thus shuttered, while …

Justice Delayed Is Not Justice Denied: Considerations And Concerns For Addressing The National Sexual Assault Kit Backlog, Bryan Schwartz

University of Cincinnati Law Review

Across the nation, many states have started clearing their backlogs of thousands of untested sexual assault kits. Most states have also implemented legislative and procedural safeguards to improve sexual assault investigation and prevent future backlogs. This article first posits that states seeking to address their sexual assault kit backlog should consider Nevada’s approach, which successfully eliminated the backlog and simultaneously reformed its sexual assault investigation procedures. However, this article primarily argues that, without allocating reoccurring future funding to support the recent legislative and procedural changes, states run the risk of future backlogs of sexual assault cases. State legislatures and policymakers …

Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng

University of Cincinnati Law Review

In recent years, states have launched several antitrust investigations targeting digital platforms. A major difficulty in these investigations is demonstrating the extent of a digital platform’s market power. Market power is defined as the control of the output or the price without the loss of business to competitors. As will be explored in this Article, market power is a critical component in an antitrust analysis. On several occasions, courts have adopted the switching costs approach in their analysis of market power. According to this approach, market power may be inferred when the costs of switching from one supplier to another …

Parity As Comparative Capacity: A New Empirics Of The Parity Debate, Meredith R. Aska Mcbride

University of Cincinnati Law Review

In 1977, Burt Neuborne published an article in the Harvard Law Review proclaiming that parity was a “myth”—that state courts could not be trusted to enforce federal constitutional rights. For the next 15 years, the question of parity (the equivalence of state and federal courts in adjudicating federal causes of action) was at the forefront of federal courts scholarship. But in the early 1990s, the parity debate ground to a halt after important commentators proclaimed it an empirical question that, paradoxically, could not be answered by any existing empirical methods. This article argues that proposition was unfounded at the time …

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman

University of Cincinnati Law Review

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …

Reviving The Poll Tax: Voter Id And Debt Laws, Cynthia Boyer

ConLawNOW

In the United States, disenfranchisement is deeply rooted in history as a form of punishment—a dual penalty. In the late nineteenth century, the poll tax first emerged to restrict voting and limit the expansion of suffrage to Black men. Primarily aimed at minorities, these laws on disenfranchisement became a significant barrier to U.S. ballot boxes. Even though the poll tax was finally outlawed in federal elections in 1964, nowadays it takes another subtle form through the prism of voter identification laws. Thirty-five states currently have voter ID laws, with varying criteria and accepted forms of documentation, thus requesting or requiring …

Journal & Competition Team: Trick-Or-Treat Meet & Greet, Benjamin N. Cardozo School Of Law

2021–2022 Flyers

No abstract provided.

October 2021 - New Cle Event Added, Cardozo Fame Center

2021 Event Invitations

Featured Events:

Back to Broadway

Wednesday, October 27 at 5:00 p.m.

Copyright, Creativity, And Contemporary Art, Christopher Buccafusco

2021 Event Invitations

We invite parents for an interactive and thought-provoking class where you will learn about a recent case involving the Andy Warhol Foundation. Witness how Cardozo students are learning in and beyond the classroom and meet other parents from around the country.

United States V. Texas: Brief Of Legal Scholars Leah Litman, Erwin Chemerinsky, Michael C. Dorf, Barry Friedman, And Fred O. Smith As Amici Curiae In Support Of Petitioner, Leah Litman

Appellate Briefs

Amici curiae are constitutional law scholars who teach and write in the fields of constitutional law and federal courts. They share an interest in promoting the appropriate role of the federal courts in maintaining the supremacy of federal law, and in preserving our federal constitutional system and the rule of law.<\p>

In this case, this Court is asked to consider whether the United States may seek relief in federal court to protect constitutional rights in the face of state subterfuge designed to undercut those rights. Texas’s efforts to evade judicial review of Senate Bill 8 (“S.B. 8”) are central to …

Understanding Spacs, Cardozo Startup Society, Cardozo Fame Center

2021–2022 Flyers

No abstract provided.

P*Law Planning Meeting, Benjamin N. Cardozo School Of Law

2021–2022 Flyers

No abstract provided.

Back To Broadway, Cardozo Entertainment Law Society

2021–2022 Flyers

No abstract provided.

Preparing For Sharing Your Research: Publishing And Copyright, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Publishing

• Selecting a journal or publisher

• Avoiding predatory journals

• How to write for publication

• How to endure peer review

• Publishers’ contracts

• Open access

• Preprints

• Your thesis/dissertation online

Copyright

• Basic copyright: Know your rights

• Rights transfer: Permissions, Licensing

• Use of your work: Fair use, Educational use

Join Scholarly Communications Librarian, Sue Gardner, and 40-year publishing veteran and Coordinator of Scholarly Communications, Paul Royster, to learn the ins and outs of publishing. Topics include where to publish or distribute your work, how to navigate publishing agreements, and how to maintain your …

The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick

Popular Media

No abstract provided.

Fourth Amendment Review 2021, Ekow N. Yankah

Online Publications

When it comes to policing, the U.S. Supreme Court too often plays the role of the garish sun. Scholars counsel that policing is the quintessential local activity, often repeating that the United States has up to 18,000 local police forces, and if one wants to change policing, the place to look is your police chief, sheriff, or mayor. Yet despite our own warnings, we cannot help staring towards that Washingtonian marbled temple, to divine the shape of policing to come. If the Supreme Court cannot readily modify policing in each city and hamlet, it is unique in its ability to …

Twenty Years After The Anthrax Terrorist Attacks Of 2001: Lessons Learned And Unlearned For The Covid-19 Response, Lawrence O. Gostin, Jennifer B. Nuzzo

Georgetown Law Faculty Publications and Other Works

The 20th anniversary of the terrorist attacks on September 11, 2001, resulted in deep national reflection. Less remembered are the events that began to unfold 7 days later as anonymous letters laced with deadly anthrax (Bacillus anthracis) spores began arriving at postal facilities, media companies, and congressional offices. The first death from inhaled anthrax exposure occurred on October 5, with an additional 4 deaths and 17 infections over the ensuing months.

The anthrax attacks exposed a health system ill-equipped to respond to acute emergencies. This article explores the lessons learned, and unlearned, from the anthrax attacks, through to …

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

Tennessee Journal of Law and Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the "worst of the bad"? To answer these questions, we surveyed all of Tennessee's first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee's scheme was designed in response to the U.S. Supreme Court's decision in Furman v. Georgia, which held that a capital punishment system …

Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale, Taylor Payne

Tennessee Journal of Law and Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. Natural Resources Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant's favor; and that an injunction is in the public interest. Federal circuits …

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran

Tennessee Journal of Law and Policy

No abstract provided.

The Illusory Constitutional Protection Of "No Trespassing" Signs In Tennessee, Rainey Lankford

Tennessee Journal of Law and Policy

No abstract provided.

The Case For Complicity-Based Religious Accomodations, Joshua Craddock

Tennessee Journal of Law and Policy

No abstract provided.

The Decline Of Civil Discourse And The Rise Of Extremist Debate, Timothy W. Conner

Tennessee Journal of Law and Policy

No abstract provided.

Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma, Brent Hanson

Tennessee Journal of Law and Policy

No abstract provided.

A Tribute To Professor Penny White, Edwin Alan Groves

Tennessee Journal of Law and Policy

No abstract provided.

Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households, Joan Macleod Heminway

Tennessee Journal of Law and Policy

No abstract provided.

Tennessee Rule Of Criminal Procedure 36.1'S New Clothes: How The Tennessee Supreme Court's Opinion In State V. Brown Limited The Inherent Authority Of Trial Courts To Correct Illegal Sentences By Overlooking The Plain Language Of Rule 36.1 And The "Jurisprudential Context" From Which Rule 36.1 Developed, Jason Smith

Tennessee Journal of Law and Policy

No abstract provided.

In The Eye Of The Beholder, Dan M. Kahan

Tennessee Journal of Law and Policy

No abstract provided.