Law Commons^™

Tiktok Is Not Your Doctor: Reprioritizing Consumer Protection In Pharmaceutical Advertisement Regulation, Nora Klein

Belmont Law Review

This Note will examine DTCA in the context of DTC telemedicine companies, with a focus on the proliferation of such advertisements on social media platforms. Part I discusses the intertwining forces that have led to the prevalence of DTC telehealth advertising on social media. Part II introduces the current regulatory scheme applicable to DTCA, and explains the First Amendment protections afforded to commercial speakers. Part III explores why DTC telemedicine companies are not subject to the regulations applicable to DTCA generally, as well as the implications stemming from the current lack of oversight. Finally, Part IV proposes a solution to …

Defining Health Affordability, Govind C. Persad

Sturm College of Law: Faculty Scholarship

Affordable health care, insurance, and prescription drugs are priorities for the public and for policymakers. Yet the lack of a consensus definition of health affordability is increasingly recognized as a roadblock to health reform efforts. This Article explains how and why American health law invokes health affordability and attempts, or fails, to define the concept. It then evaluates potential affordability definitions and proposes strategies for defining affordability more clearly and consistently in health law.

Part I examines the role health affordability plays in American health policy, in part by contrasting the United States’s health system with systems elsewhere. Part II …

The Smart Police And Its Role In Detecting The Commission Of A Crimes In The Emirati Society, Dr. Emadeldin Mohamed Kammel Abdulhamed

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

Objectives: This study compares Smart Police and Traditional Police, examining their job roles, working mechanisms, and devices. It assesses the role of Smart Police and its applications in crime prevention in the UAE and other leading countries. The research explores UAE legislation governing Smart Police, verifying the authenticity of their evidence in criminal cases. Methods: The study employed an inductive approach to delve into the nature of Smart Police work and legislation, gaining a comprehensive understanding of its roles, mechanisms, applications, and devices in combating crimes. Additionally, a comparative analytical approach was used to analyze relevant legislation and compare international …

Gender And The Social Structure Of Exclusion In U.S. Corporate Law, Afra Afsharipour, Matthew Jennejohn

University of Chicago Law Review

Law develops through collective effort. A single judge may write a judicial opinion, but only after an (often large) group of lawyers chooses litigation strategies, crafts arguments, and presents their positions. Despite their important role in the legal process, these networks of lawyers are almost uniformly overlooked in legal scholarship—a black box in a discipline otherwise obsessed with institutional detail.

This Article focuses on a particularly crucial way that the structure of professional networks may shape the path of the law. Prior qualitative research suggests that networks are an important source of information, mentoring, and opportunity, and that those social …

Breaking The Fourth's Wall: The Implications Of Remote Education For Students' Fourth Amendment Rights, Sallie Hatfield

Vanderbilt Journal of Entertainment & Technology Law

As the COVID-19 pandemic forced both public K-12 and higher education institutions to transition to exclusively provide remote education, students’ homes and personal lives were exposed to the government like never before. Zoom classes and remote proctoring were suddenly the norm. Students and their families scrambled to create appropriate offices and classroom spaces in their homes, and many awkward and invasive scenarios soon followed. While many may have been harmlessly captured on camera, like classes that witness a student’s family eating lunch in the background or a dog on the couch, even these harmless instances have insidious implications for the …

Advocate, Fall 2023, Office Of Development And Alumni Affairs, University Of San Diego School Of Law

Advocate

No abstract provided.

The Conclusions Of Sccr 44, Sean Flynn

Joint PIJIP/TLS Research Paper Series

Last week, the World Intellectual Property Organization’s Standing Committee on Copyright and related Rights (SCCR) held its 44th meeting where substantial progress was made in protecting public interest issues within the two major standing items of the agenda -- on the Broadcast Treaty and on Limitations and Exceptions. This document summarizes the decisions made at the meeting as recorded in the Chair’s Summary.

Excerpts Of Sccr 44 Delegate Statements, Sean Flynn, Andres Izquierdo

Joint PIJIP/TLS Research Paper Series

The World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (SCCR) held its 44th meeting November 6-8, 2023. This post includes excerpts from the public statements made by country or regional delegations during the meeting.

The Collateral Fallout From The Quest For A Unitary Executive, Harold J. Krent

Fordham Law Review

To bolster a strong “Unitary Executive,” the Roberts Court has held that Congress can neither shield a single head of an administrative agency nor an inferior officer in an independent agency from removal at will. With respect to appointments, the Roberts Court has held that adjudicative officers in many executive agencies must now be appointed either by the President or a superior officer under the President’s supervision. As a result, dissenting Justices and academics have accused the Roberts Court of expanding Article II beyond both the constitutional text—which seemingly grants Congress the discretion to structure administrative agencies as it deems …

Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles

Fordham Law Review

Police officers play a significant role in the criminal trial process and are unlike any other witness who will take the stand. They are trained to testify, and jurors find them more credible than other witnesses, even though officers may have more incentive to lie than the ordinary witness. Despite the role of police officers in criminal proceedings, state statutes say virtually nothing about evidence used to impeach police officers, often contained in the officer’s personnel file. Worse still, the standard for disclosing information in an officer’s personnel file varies among and within states, resulting in inconsistent Brady disclosures. This …

To Mint Or Not To Mint: Non-Fungible Tokens And The Right Of Publicity, Hannah Bobek

Fordham Law Review

Non-fungible tokens (NFTs) allow for authentication and ownership of digital assets, which are notable features in the virtual world given the infiniteness of internet content. The emergence of this novel technology, however, has raised challenges, especially regarding enforcement of the right of publicity. This Note addresses how litigators have approached right of publicity violations arising from NFTs and how courts might respond to future violations that this technology is capable of facilitating. Legal scholars and commentators argue that certain features of NFTs pose pronounced threats to the right of publicity, namely the technology’s novelty, democratized nature, anonymization of creators, transferability …

Note From The Editors, North Carolina Civil Rights Law Review

North Carolina Civil Rights Law Review

No abstract provided.

Amici Curiae Brief Of The Naacp Legal Defense And Educational Fund, Inc. And The National Association For The Advancement Of Colored People In Support Of Respondents, Naacp Legal Defense And Educational Fund, Inc.

North Carolina Civil Rights Law Review

No abstract provided.

Brief Of 1,246 American Social Science Researchers And Scholars As Amici Curiae In Support Of Respondents, Uma Mazyck Jayakumar, William C. Kidder, Caroline E. Reynolds

North Carolina Civil Rights Law Review

No abstract provided.

Brief Of Amicus Curiae National Black Law Students Association In Support Of Respondents, Deborah N. Archer, Vincent M. Southerland, Jason D. Williamson

North Carolina Civil Rights Law Review

No abstract provided.

Expert Report Of Dr. David Cecelski, David S. Cecelski

North Carolina Civil Rights Law Review

No abstract provided.

Front Matter, North Carolina Civil Rights Law Review

North Carolina Civil Rights Law Review

No abstract provided.

Brief For Respondent-Students, David Hinojosa, Damon Hewitt, Genevieve Bonadies Torres, Jon Greenbaum, Taylor Dumpson, Reed N. Colfax, Gemma Donofrio, Soohyun Choi, Charlene Mcnulty, Sarah Laws

North Carolina Civil Rights Law Review

No abstract provided.

Expert Report Of Dr. Mitchell J. Chang, Ph.D., Mitchell J. Chang

North Carolina Civil Rights Law Review

No abstract provided.

Expert Report Of Dr. Uma Jayakumar, Uma Mazyck Jayakumar

North Carolina Civil Rights Law Review

No abstract provided.

Achieving Appropriate Relief For Religious Freedom Violations In Prisons After Tanzin, Bethany Ao

University of Chicago Law Review

In the 1990s, Congress passed the Prisoner Litigation Reform Act (PLRA) to decrease frivolous prisoner litigation. One PLRA provision that was aimed at accomplishing that goal is § 1997e(e), which states that no prisoner can bring a federal civil action for mental or emotional injury without a showing of an accompanying physical injury. This provision has created a circuit split over whether prisoners who suffer a violation of their Free Exercise rights under the First Amendment can re- cover compensatory damages. If the split is left unresolved, it will lead to a troubling lack of uniformity in the law for …

Antitrust And The Corporate Tax, 1909–1928, Reuven S. Avi-Yonah

Book Chapters

In “Antitrust and the Corporate Tax, 1909–1928,” Reuven Avi-Yonah examines a twentieth-century antitrust measure that lay outside the Sherman Act per se—the corporate tax act of 1909. After the enactment of the Clayton Act and the creation of the FTC in 1914, the corporate tax’s antimonopoly reputation faded somewhat. Between 1919 and 1928 most of its antitrust features were eliminated, and they would not be revived during the New Deal. Nevertheless, Avi-Yonah argues that the corporate tax still retains some potential to contribute to limiting the power of monopolies, especially if the progressive corporate tax rate structure adopted in the …

Rights Without Remedies: How The Illinois Post-Conviction Hearing Act’S Standing Requirement Has Failed Defendants, Nate Nieman

Northern Illinois University Law Review

The Illinois Post-Conviction Act is a procedural mechanism that allows a criminal defendant to assert that his federal or state constitutional rights were substantially violated during trial or at sentencing. The passage of the Act expanded a defendant’s ability to challenge his conviction and sentences collaterally, where before the Act, he had only been able to raise these challenges on direct appeal. However, the Act’s strict standing requirement precludes defendants from relief once they have completed their sentence, ignoring the fact that many important, life-altering civil consequences resulting from criminal convictions occur after a sentence has concluded.

This Article argues …

Electoral Sandbagging, Lisa Marshall Manheim

Articles

An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.” While the labels vary, the pattern is the same. First, an election official or other figure of authority consents to an error at an early stage of the election process. The actor then waits to see how the election unfolds. If the election results are favorable, the error slides into irrelevance. If not, that same actor refers back to the earlier error, now with indignity, and insists that it requires a late-stage disruption of the …

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.

Navigating The Bead Weeds - Project Areas - November 2023, New York Law School

Reports and Resources

No abstract provided.

Shielding Crime Victims From The Witness Exclusion Rule's Sword: Amending California's Constitution To Protect Crime Victim-Witnesses' Right To Be Present, Kathryn Merrill

University of the Pacific Law Review

No abstract provided.

California’S Care Act: A Step Forward For Mental Healthcare, Or A Step Back For Individual Liberties?, Tooba Naveed

University of the Pacific Law Review

No abstract provided.

Not So Obvious: Patent Examiners Need Advanced Tools To Support United States Innovation, Steve Zelezny

University of the Pacific Law Review

No abstract provided.

The End Of An Era: The Uncertain Future Of Section 230 Immunity For Social Media Platforms, Lillian H. Rucker

Vanderbilt Journal of Entertainment & Technology Law

Major social media platforms (SMPs), such as Facebook, Instagram, and TikTok, have become the primary means of communication for billions of people worldwide. They are the largest modern news distributors and the primary curators of online public discourse. However, the expanding influence of SMPs has led many to publicly scrutinize the content moderation decisions of such platforms, as SMPs regularly remove, block, censor, and ban user-generated content (UGC), including third-party written messages, photos, and videos, at their discretion. Because SMPs exercise immense power and are largely self-regulated, there has been growing public sentiment that SMP content moderation violates Users’ free …