Law Commons^™

Constitutional Law—Constitutionality Of Police Caretaking Conduct Inside The Home—Calinga V. Strom, 141 S. Ct. 1596 (2021), Angela Bartucca

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Allison Eddy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Judicial War On Drugs: Deciding Whether To Apply The Federal Or State Definition Of Controlled Substance Offenses For Career Offender Sentencing Enhancements, Marisa Chamberland

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—An Alternative Analysis To Intangible Emotional Harm Standing In The Way Of Constitutional Standing—Vazzano V. Receivable Mgmt. Servs., Llc, No. 3:21-Cv-0825-D, 2022 U.S. Dist. Lexis 144258 (N.D. Tex. Aug. 12 2022), Emily Larovere

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Technology Changes Drive Legal Changes For Antibody Patents: What Patent Examiners Can Teach Courts About The Written Description And Enablement Requirements., S. Sean Tu, Christopher M. Holman

Faculty Works

Antibody patents form the basis of some of the most valuable biotechnology products on the market. In 2020 alone, the sales of the top three drugs exceed 10 billion dollars. Two of those three drugs are monoclonal antibodies (Humira and Keytruda). In the past, patent law offered broad protection for monoclonal antibodies. As time has progressed, however, courts have narrowed the scope of antibody patents. However, very little research has been done to see how patent examiners are applying the rules of patentability to these valuable antibody patents.

We examine approximately two decades worth of antibody patents to determine how …

Name, Image, And Likeness In Amateur Sports, Kenneth D. Ferguson

Faculty Works

On November 15, 2021, the Albany Law Journal of Science and Technology presented a symposium discussing the critical questions about the evolving perception and reality of student-athlete rights. Professor Kenneth Ferguson gave the keynote speech for this symposium. Remarks have been annotated and edited by the Journal staff.

The Educated Retail Investor: A Response To "Regulating Democratized Investing", Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

The diffusion of mobile-first investing apps, like Robinhood, has increased retail investor participation in financial markets, particularly from the Millennial and GenZ generations, and has increased the diversity of retail investors. However, mobile-first investing apps are not free from controversy. In Regulating Democratized Investing, Abraham Cable tackles the debate on regulating mobile-first investing apps and largely opposes paternalistic regulation, which would raise unsurmountable barriers at the entrance of the stock market for retail investors. But it concedes to a form of regulation that in Cable’s own words “serves ultra-retail investors a modest portion of what they really want.” We strongly …

28 U.S.C. § 1331 Jurisdiction In The Roberts Court: A Rights-Inclusive Approach, Lumen N. Mulligan

Faculty Works

In this symposium piece, I argue that the Roberts Court, whether intentionally or not, is crafting a 28 U.S.C. § 1331 doctrine that is more solicitous of congressional control than the Supreme Court’s past body of jurisdictional law. Further, I contend that this movement toward greater congressional control is a positive step for the court. In making this argument, I review the foundations of the famous Holmes test for taking § 1331 jurisdiction and the legal positivist roots for that view. I discuss the six key Roberts Court cases that demonstrate a movement away from a simple Holmes test and …

The Wireless Investors Movement, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

The inaugural guest academic article for the University of Chicago Business Law Review Blog discusses how Millennial and GenZ investors can set in motion a social movement with disruptive effects on the current corporate governance paradigm. It refers to Millennial and GenZ investors as “wireless investors” and their social movement as the “Wireless Investors Movement.” The Wireless Investors Movement, fueled by wireless investors’ vision of the world and technology savviness, will bring corporations to pursue social and environmental causes. This short contribution analyzes the characteristics of the Wireless Investors Movement and the effects it will have on corporate governance.

Missouri’S Chance At Low-Cost Renewable Energy ‘Gone With The Wind’?, Jeff Becker

Saint Louis University Law Journal

The Grain Belt Express, a proposed wind energy transmission line that will span across much of the Midwest,[1] has been stalled for the past five years due to the legal battles it has faced in Missouri[2] over whether the company can be properly granted the authority to exercise eminent domain power over landowners in the state who oppose the project.[3] This Note provides a comprehensive analysis of the issues surrounding the Grain Belt Express in Missouri in order to argue that the project is in the state’s public interest—as correctly decided by Missouri’s Public Service Commission in …

When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren

Faculty Works

The Supreme Court in Roe v. Wade framed the abortion right as a right to make the abortion decision in consultation with a “responsible physician.” Under this framing, doctors were cast in the role of medical “gatekeepers” to mediate patient access to abortion. In the ensuing years, the doctor-patient relationship has become the site of restrictive abortion regulations in many states. This Article argues that Roe’s framing suffers from a foundational flaw: While the gatekeeper framing may have been appropriate in the Roe era when abortion was surgical and non-clinical abortions were potentially lethal, today, medication abortion—a two-drug non-surgical regimen …

Teaching Constitutional Law, Administrative Law, And Health Law As Presidential Administrations Change, Renée M. Landers

Saint Louis University Law Journal

When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the …

Change Is Nothing New Teaching Public Policy, Nicholas W. Allard

Saint Louis University Law Journal

This Article addresses the paradox that change is nothing new for those who teach aspiring lawyers how to effectively engage in the reality of the complex public policy arena. It rejects the notion that money buys results, and success is merely a matter of quick-fix influence peddling and personal relationships. Instead, to teach students how to provide public policy analysis, advice, and advocacy, teachers must help them understand and be prepared for a relentlessly dynamic, continuously evolving professional ecosystem where the very object of the work is to either advance or forestall legal change, often involving issues contested on multiple …

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

Privacy Injunctions, Danielle Keats Citron

Emory Law Journal

Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations continue, as does the harm. This piece highlights the significance of injunctive relief to protect intimate privacy and legal reforms that can get us there. Injunctive relief is crucial for what it will say and do for victims and the groups to which they belong. It would have content platforms treat victims with the respect that they deserve, rather than as purveyors of their humiliation. It would say to victims that their intimate privacy matters and that sites specializing …

Reimagining Merger Analysis To Include Intent, Marina Lao

Emory Law Journal

Applications of Section 7 of the Clayton Act have been deficient in identifying and prohibiting anticompetitive mergers, particularly those involving the acquisition of nascent competitors in digital markets. While the language of the Clayton Act is flexible and broad, its implementation has evolved into a narrow, economic-focused analysis that requires (or expects) quantitative evidence to show competitive harm and establish a prima facie case. This approach sets an unusually high bar for plaintiffs when the mergers involve dynamic technology markets in which firms compete more on innovation than on price, primarily because the preferred economic tools are not well equipped …

When A Statute Comes With A User Manual: Reconciling Textualism And Uniform Acts, Gregory A. Elinson, Robert H. Sitkoff

Emory Law Journal

This Article develops an interpretive theory for statutes that originate as Uniform Acts promulgated by the Uniform Law Commission. Although overlooked in the literature on statutory interpretation, state-enacted Uniform Acts are ubiquitous. They shape our life cycles—governing marriage, parentage, divorce, and death—and structure trillions of dollars in daily commercial transactions.

Largely focusing on textualism, today’s dominant form of statutory interpretation, we analyze the interpretive consequences of two unusual features of state-enacted Uniform Acts. First, the text of every Uniform Act directs courts to interpret it to “promote uniformity.” Second, each provision is accompanied by an official explanatory comment, analogous to …

Battleground Of The Opioid Crisis: The Eighth Amendment Right To Medication-Assisted Treatment In Prisons And Jails, And Upon Release, Claire E. Scavone

Emory Law Journal

About eighty percent of all inmates in the United States need but will not receive treatment for their Opioid Use Disorder (OUD). Instead, they will leave prison with a 140 times greater chance of a fatal overdose than before their prison sentence. Although incarceration is conceivably an opportune time for the state to connect individuals with treatment, only about one percent of prisons and jails allow the use of Medication-Assisted Treatment (MAT). This failure has a myriad of causes. Notably, beliefs that OUD is a moral failure and that MAT either does not work or is dangerous are both among …

Rights, Resilience, And Responsibility, Martha Albertson Fineman

Emory Law Journal

No abstract provided.

Normative Systems And Human Rights, Richard S. Kay

Emory Law Journal

No abstract provided.

Plessy Redux: Why The Human Rights Of Gay, Lesbian, And Transgender Citizens Lost To Religious Claims, Laura S. Underkuffler

Emory Law Journal

I am delighted to contribute this Essay to this collection of works celebrating Michael Perry’s lifetime achievements. From my first acquaintance with his work in the late 1980s, I have both admired and been profoundly challenged by it. One of his greatest and most enduring contributions is his foundational idea that every human life is sacred and, therefore, all are entitled to basic human rights.[1] In his words, it is this “fundamental conviction [that is] at the heart of the morality of human rights.”[2]

What is the ultimate source for this “sacredness view,” upon which so much of …

Linguistics In The Courtroom: Incorporating Considerations Of Language And Context To Improve Criminal Court Consent Analysis, Danielle Bimston

Emory Law Journal

A legal conundrum occurs every day: suspects regularly incriminate themselves by voluntarily granting their verbal consent to requested searches by law enforcement officers, yet later move to suppress on the basis that they never agreed to such a thing. When these disputes arise, fact finders are left to adjudicate a fundamentally linguistic issue—whether the presence of voluntary consent existed. Herein lies the problem. The current totality test that is used to make this determination gives judges enormous discretionary power to evaluate the merits of the case, but is completely devoid of methodology grounded in linguistic theory that could guide the …

Olympians As Laborers: How Unionizing Can Help Athletes Bargain For Compensation And Better Structural Support, Sherif Farrag

Fordham Intellectual Property, Media and Entertainment Law Journal

Team USA athletes suffer poor structural support and inadequate compensation despite constituting irreplaceable labor for the multi-billion-dollar Olympic sports industry. This poor support is evident in recent complaints made by Olympic stars of the poor mental health support provided by the United States Olympic & Paralympic Committee and in its failure to prevent nearly two decades of sexual abuse perpetrated on USA Gymnastics gymnasts. The inadequate compensation is apparent as athletes continue to receive no wages for their participation in the Olympics or Olympic-sanctioned events, generally struggle financially, and face restrictions on licensing their name, image, and likeness to partners …

Face The Facts, Or Is The Face A Fact?: Biometric Privacy In Publicly Available Data, Daniel Levin

Fordham Intellectual Property, Media and Entertainment Law Journal

Recent advances in biometric technologies have caused a stir among the privacy community. Specifically, facial recognition technologies facilitated through data scraping practices have called into question the basic precepts we had around exercising biometric privacy. Yet, in spite of emerging case law on the permissibility of data scraping, comparatively little attention has been given to the privacy implications endemic to such practices.

On the one hand, privacy proponents espouse the view that manipulating publicly available data from, for example, our social media profiles, derogates from users’ expectations around the kind of data they share with platforms (and the obligations such …

Failed Analogies: Justice Thomas’S Concurrence In Biden V. Knight First Amendment Institute, Sarah S. Seo

Fordham Intellectual Property, Media and Entertainment Law Journal

Twenty-six years ago, twenty-six words created the internet. Section 230 of the Communications Decency Act is a short, yet powerful, provision that notably protects social media platforms, among other interactive computer services, from liability for content created by third-party users. At the time of its enactment, Section 230 aimed to encourage the robust growth of the then-nascent internet while protecting it from government regulation. More recently, however, it has been wielded by Big Tech companies like Twitter and Facebook to prevent any liability for real-world harms that stem from virtual interactions conducted over their platforms.

Although the Supreme Court has …

Algorithms And Misinformation: The Constitutional Implications Of Regulating Microtargeting, Talia Bulka

Fordham Intellectual Property, Media and Entertainment Law Journal

The increased popularity of social media in recent years has brought with it unwanted consequences. Most notably, the world is experiencing a widespread epidemic of online misinformation and disinformation. In the form of news stories and advertisements, false information about candidates like Joe Biden, Hillary Clinton, and Donald Trump has spread over Facebook, Instagram, Twitter, and TikTok. Since false information is often more sensational than the truth, this information is reposted and shared until it reaches millions of people. However, the real culprit of this misinformation phenomenon is microtargeting—algorithms that exploit users’ personal information and previous media interactions to target …

I See Dead Patents: How Bugs In The Patent System Keep Expired Patents Alive, Dinis Cheian

Fordham Intellectual Property, Media and Entertainment Law Journal

One of the most important days in the life of a patent is the day it dies.

The moment a patent dies, the patent owner loses her monopoly over her invention, ending the stream of income generated by that patent. Without an enforceable patent to protect the invention, the competitors and public can freely buy and sell copycat products that compete with the patent owner’s. Consumers reap the rewards in the form of more options and lower prices.

Normally, those potential competitors must wait exactly twenty years from the date the patent application is filed with the United States Patent …

Battle For Ohio, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Message from the co-directors
• Physician fidelity
• Newsworthy expertise
• Expanding practice and reassessing ethics
• Meeting demand
• Series of events
• Battle for Ohio
• Appointed to serve
• Prolific professor
• Externship experience
• A vital community service
• Championing diversity and patient rights through policy

The Border Is Their Public Swimming Pool, Genevieve Negrón-Gonzales

Journal of Interdisciplinary Perspectives and Scholarship

This article extends the metaphor at the heart of The Sum of Us - the decline of the public swimming pool in the U.S. - to discuss the political landscape of the US-Mexico border. The author argues that anti-immigrant whites residing on the border are so invested in white supremacy that they subscribe to an anti-immigrant politic that does not serve them. The article calls attention to society’s collective investment in white supremacy by highlighting the cost of this investment on migrants at the U.S.-Mexico border.