Law Commons^™

Kansas, Steven A. Rhodes, Sarah Trainer

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Illinois, Joseph Negaard

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Colorado, Diana S. Prulhiere, David R. Little

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Arkansas, Andreah Riedel

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Alaska, Steven A. Rhodes, Zachary H. Barrett

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Stifling Dissent Or Enforcing Rules? The State Of Speech Rights In Online Forums, Noah Olson

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Systemic Racism And Minority Disparities In Health Care, Constance Fain

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Historically, racial discrimination in society has had an adverse effect on the health of African Americans. This type of inequality has also affected other persons of color, and it has been reported that racism has insidious effects on many White individuals, especially on their health as well. Four critical issues will be addressed in this paper: First, the impact of discrimination on the health care of African Americans and others. From slavery to lynching to incarceration, generations of African American families have endured trauma. Psychologist and other social scientists have said that these continuing experiences with racism may lie at …

Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Greensky, Llc V. Wellness Program Services Llc Et Al., Order On Plaintiff Greensky Llc's Motion For Reconsideration, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Greensky, Llc V. Wellness Program Services Llc Et Al., Order On Planitiff's Motion For Summary Judgment On Defendants' Amended Counterclaim, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

How Should The Law Adjust To The Rittenhouse Verdict?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Kelly Laplante Et Al. V. Cheyenne River Sioux Tribal Council, Cheyenne River Sioux Tribe Land Director Jamie White Eyes, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Mass Comments’ Opportunity Costs, Michael Herz

Online Publications

Agencies, courts, and academics agree that notice-and-comment rulemaking is not a referendum. But that conceptualization presents a challenge when an agency is confronted with mass comments. If agencies are not counting but reading comments, and if mass comments are duplicative and often devoid of content beyond a strong expression of values or preference, then what do they add?

State Of Utah, Plaintiff/Appellee V, Joshua Martin, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth District Court, Utah County, from Judgement on post-conviction relief before the Honorable James Brady

SEAN REYES, Counsel for Appellee

OSHUA MARTIN, Pro se

The Economic Dimensions Of Family Separation, Stephen Lee

Duke Law Journal

Migrants in the United States experience varying degrees of harm related to family separation. This article focuses on the economic dimensions of these harms by focusing on transnational remittances, a topic that has generated significant scholarly attention. Within this story, remitters are pitched as heroes and remittances are held up as a critical, market-based solution for solving global poverty. Of course, this picture is incomplete. This account ignores remittance-sending countries and provides only a narrow account of law. This Article focuses on anti-money laundering policies, an important set of U.S. laws that regulate the remittance economy. Examining remittances from this …

Journal Staff

Duke Law Journal

No abstract provided.

Regulating Homeowners' Disaster Insurance Through Federal Intervention: Lessons From The Affordable Care Act, Shannon O'Hara

Duke Law Journal

One of the most impactful effects of climate change in recent years has been the increasing frequency and severity of natural disasters, even in geographic areas not previously known as disaster-prone. These disasters have caused untold property damage. Typically, the cost of rebuilding a home is assumed at least in part by private insurance companies, but many homeowners are significantly underinsured for disaster-related losses. Additionally, in areas where natural disasters are becoming increasingly frequent, private insurers have determined that it is no longer profitable to continually issue massive payouts without charging astronomical premiums, leaving many homeowners without access to financial …

Give And Take: State Courts Should Be Able To Certify Questions Of Federal Law To Federal Courts, John Macy

Duke Law Journal

For some time, federal courts faced with unresolved questions of state law have been able to certify those questions to state courts for resolution. In the past half-century, certification practice has exploded. Nearly every state allows at least one federal court to certify questions to its state courts, and some federal courts exercise the option frequently. However, there is no analogous tool for state courts to certify questions of federal law to federal courts. This Note argues that the creation of such a tool would benefit both courts and litigants. Of course, the considerations motivating certification to state courts, such …

Commodifying Marginalization, Abbye Atkinson

Duke Law Journal

Pillars of U.S. social provision, public pension funds rely significantly on private investment to meet their chronically underfunded promises to America’s workers. Dependent on investment returns, pension funds are increasingly investing in marginalized debt, namely the array of high-interest-rate, subprime, risky debt—including small-dollar installment loans and other forms of subprime debt—that tends to concentrate in and among historically marginalized communities, often to catastrophic effect. Marginalized debt is a valuable investment because its characteristically high interest rates and myriad fees engender higher returns. In turn, higher returns ostensibly mean greater retirement security for ordinary workers who are themselves economically vulnerable in …

“Storytime: We’Re Being Sued” – Copyright Infringement And Fair Use In The Digital Era, Mikayla Spencer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Importance Of Being Earnestly Innovative: The Increasing Role Of Intellectual Property Law In The Global Economy, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Intellectual Property & National Security, James Morrison

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Patentability Of Antibodies For Use In Medications After Amgen V. Sanofi, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Copyright Claims And Constitutional Games: The Constitutionality Of The Copyright Claims Board Following The Supreme Court Ruling In Arthrex, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Politicizing Impartiality: Redefining The Role Of The Senate In Federal Judicial Selection, Adam Harness, Melissa Harness

Lincoln Memorial University Law Review Archive

The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, many in geographical areas with extremely high caseloads. Thus, the federal courts are falling further behind every year in settling disputes. The Senate’s action with President Obama’s nominee to the Supreme Court after the death of Justice Antonin Scalia has only escalated the dysfunction of the judicial selection process. Coupled with the fallout surrounding the death of Justice Ginsburg and Senator McConnell’s complete refusal to honor the precedent set by him in 2016, it has become glaringly apparent that the confirmation process conducted by the Senate needs to …

In The Beginning: Foundations Of A Successful Deanship, Neil Fulton

Lincoln Memorial University Law Review Archive

The job of a modern law school dean is demanding and complex. Decanal tenures are increasingly short. Those who take on the work of being a law school dean are asked to accomplish a great deal in a short period of time. As a result, the first year of any decanal tenure is vital. The lessons of experience learned by many deans and foundational ideas of leadership scholars provide guideposts for new deans to chart a course through their first year. This essay explores those ideas for new deans to consider and implement in their own way.

#Metoo Meets Estoppel: How Bill Cosby’S Conviction Got Tossed By Court’S Application Of Equitable Doctrine, Stefanie Bowen, Ryan Cox

Lincoln Memorial University Law Review Archive

Originally published on the LMU Law Review Blog--Off the Record--in August of 2021.

Ndls Communicator: Week Of 12.20.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Three ND Law alumni join Religious Liberty Initiative team
• Kresge Law Library receives rare, antique English legal documents from alumnus
• Roger Alford testified at the Senate Subcommittee
• Nicole Garnett on Religious Freedom Matters podcast
• Lloyd Mayer writes for The Conversation.com
• Diane Desierto to serve on EJILTalk board

Student News

• Jorge Barrera Rojas named fellow of the Stanford Constitutional Law Center

Events

• Thursday, December 23, 2021 through Monday, January 3, 2022 Christmas Holiday
• Tuesday, January 4: Campus reopens after Christmas holiday
• Wednesday, January 5 and Thursday, January 6, 2022: Empirical, Behavioral, and Experimental Analyses of Law, Tel Aviv …

On The Constitutionality Of Hard State Border Closures In Response To The Covid-19 Pandemic, Benjamen Franklen Gussen

Journal of Law and Health

I investigate the constitutionality of hard state border closures in the United States as a prophylactic response to a pandemic. This type of border closure prevents people from entering a State, except for exempt travelers, a category that includes, for example, military, judicial and government officers, and people granted entry on compassionate grounds. Those allowed to enter usually have to then go through a quarantine regime before being released into the community. During the COVID-19 pandemic, no State has attempted such closures. However, epidemiological experts suggest that, in comparison to other border and non-border measures, such closures are more effective. …