Law Commons^™

Burns Center Book Talk, Jacob Burns Center For Ethics In The Practice Of Law, Glenn A. Fine

2024–2025 Flyers

Glenn Fine was the Inspector General of the Department of Justice in the Clinton, Bush and Obama Administrations. He was also the acting Inspector General of the Department of Defense from 2016 until 2020, when he was replaced by former President Trump as part of a series of IG firings that the Washington Post called a "slow-motion Friday night massacre." Fine will talk about the role Inspector General play in holding the federal government to account and why he thinks they need more protection.

Careers In Labor & Employment Law, Cardozo Labor And Employment Law Society, Troy Kessler, Ilona Ehrlich, Justin Reiter, Robert Rose, Emily Hoffman

2024–2025 Flyers

No abstract provided.

Book Talk: Watchdogs: Inspectors General And The Battle For Honest And Accountable Government, Jacob Burns Center For Ethics In The Practice Of Law

2024 Event Invitations

Inspectors General have been called the most powerful public officials you’ve never heard of. They work inside federal agencies, exposing corruption and ferreting out waste, fraud and abuse. But they’re also vulnerable to removal at the whim of the president. Glenn Fine was the Inspector General of the Department of Justice in the Clinton, Bush and Obama Administrations. He was also the acting Inspector General of the Department of Defense from 2016 until 2020, when he was replaced by former President Trump as part of a series of IG firings that the Washington Post called a “slow-motion Friday night massacre.”

Legal And Ethical Considerations For Balancing Space Innovation And Dark Sky Preservation, Sara M. Langston, Kayla D. Taylor

Publications

The proliferation of satellites in Earth’s orbit has significantly enhanced capabilities in communication, Earth observation, and scientific research. However, this rapid expansion presents considerable legal and ethical challenges, particularly regarding the preservation of dark and quiet skies. As low Earth orbit becomes increasingly congested, the implications for astronomical observation, environmental integrity, and cultural heritage require critical examination.

This presentation provides an interdisciplinary perspective on the legal, practical and ethical considerations essential for preserving dark and quiet skies. It begins by exploring the legal frameworks governing the use of space, highlighting relevant international treaties, national responsibilities, and emerging issues aimed at …

What Is In Your Drink? How Ingredient Lists For Alcoholic Beverages Would Protect Persons With Food Allergies, Benjamin Leraris

DePaul Law Review

No abstract provided.

The Trillion Dollar Loophole: Why Erisa’S Government Exemption Is No Longer Justified, Gurkaran Singh Bhatti

DePaul Law Review

No abstract provided.

Upstream Lawyering: A Framework For Poverty Law, L. Kate Mitchell

DePaul Law Review

No abstract provided.

Legal Origin And Emulation Of Trade Secret Protections: A Cross-National Empirical Study, Christopher Dinkel, Jeff Lingwall

DePaul Law Review

Why do countries enact stronger legal protections for trade secrets? Existing

research on other types of intellectual property (IP) rights suggests at

least three potential mechanisms. First, more powerful countries, such as

the United States, coerce other countries into implementing stronger IP

rights by threatening to enact trade sanctions against them. Second, countries

agree through international legal instruments to strengthen their IP

protections in exchange for benefits in other issue areas, especially trade.

Third, countries that are open to capital flows increase their IP rights

through regulatory competition with other countries to attract or retain

multinational investment. This Article provides …

Table Of Contents

DePaul Law Review

No abstract provided.

Understanding Music Copyright Through Legal Analysis And Music Theory, Gillian Radcliffe

Master of Studies in Law Research Papers Repository

This paper focuses on the intersection of law and music. Specifically, the intersection between music copyright law and music theory, and the role of musicologists and music theorists in copyright infringement cases. In particular, the influence they have on court decisions when acting as expert witnesses, or forensic musicologists. Recent decisions regarding copyright infringement in popular music have been strongly influenced by testimony from these forensic musicologists due to the imbalance of musical understanding between the expert and the court.

Forensic musicology is a form of “public music theory,” an approach used by academics in the music theory field when …

Making A Case For Legal Health Advocacy: A Socio-Legal Exploration Of The Law As A Tool For Physician Health Advocacy, Jeanne L. Webber

Master of Studies in Law Research Papers Repository

This paper grapples with the question of whether physicians have a unique moral, ethical or professional responsibility to engage in health advocacy. If so, what are the sources of that obligation, and how is advocacy understood in this context? These questions are addressed through a critical examination of the bio-medical, ethical, and legal literature and medical professional practice standards.

This research explores emergent themes in the literature including how advocacy is conceptualized, the challenges inherent in defining the term, and the consequent difficulty teaching health advocacy in medical education. This paper also examines how the value of advocacy is represented …

The Supreme Court Sack[Ler]S Third-Party Releases In Chapter 11: Should Congress Seize The Cudgel?, Lawrence Ponoroff

William & Mary Law Review Online

On June 27, 2024, the Supreme Court issued its ruling in Harrington v. Purdue Pharma L.P., holding that nonconsensual third-party releases included in a Chapter 11 plan of reorganization, other than one relating to asbestos liability claims, were impermissible under the federal Bankruptcy Code. The releases at issue would have immunized members of the Sackler family, who controlled Purdue Pharma, from liability in connection with the company’s role in the opioid crisis. The Sacklers represent the epitome of the unpopular litigant, so no tears need be shed for them. In a sense, they just received a dose of their …

The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries, Amanda Gomez

University of Miami International and Comparative Law Review

This Note considers and compares rules and regulations Switzerland and the United States have placed on the trade and importation of gold. It explores the history of the gold trade which has led to its modern use and the negative implications that gold refining in Switzerland has on countries where gold may be illegally mined. Although some rules are in place in these gold mining countries, regulations upon the acceptance of gold may have an even greater impact on the gold supply chain and the human rights issues it affects. The United States and Swiss governments currently have some restrictions …

The Good Officer: President Trump, General Milley, And The “Necessity” Of Constitutional Fidelity, John C. Dehn

Brooklyn Law Review

Actions taken by General Mark Milley, the former Chairman of the Joint Chiefs of Staff, to prevent an abuse of presidential power during the waning days of the Trump administration prompted a range of reactions and concerns. This Article leverages these events to explore the circumstances under which a member of the armed forces or senior executive branch official may have a moral or legal right or duty to disobey presidential orders or authorizations that entail a clear violation of the Constitution or federal laws, or that abuse lawful authorities in ways that would subvert the Constitution’s text or vital …

Balancing Freedom Of Expression And Equality On College Campuses In The Wake Of Intensified Antisemitism, Andrea Jane Martin

Brooklyn Law Review

The long-standing debate about free speech on college campuses was reignited by the attack on Israel by Hamas on October 7, 2023. Since then, anti-Israel advocacy at universities has drastically escalated. During demonstrations, protests, and rallies, students shout vile antisemitic slogans, call for the death of Jews and the destruction of Israel, promote violence against Jews, and harass and threaten fellow students because they are Jewish. Some university administrators have been publicly accused of floundering in their responses to intensifying antisemitic campus environments and failing to protect Jewish students from harassment. In defense of their inaction, a frequent retort is …

Clemency For The Common Good: An Argument To Release Incarcerated Persons In The General Public Interest, Deborah M. Ahrens

Brooklyn Law Review

During the height of the COVID-19 pandemic, we were reminded of several terrible truths about the modern mass incarceration state: namely, that it collects vulnerable people, places them in conditions where they are unable to protect themselves against many forms of ordinary and extraordinary risks, incubates suffering amongst them, and then spreads that suffering to surrounding communities. The ghastly consequences of these realities during the COVID pandemic led to piecemeal efforts to release moderate numbers of incarcerated people for public policy reasons largely unrelated to the kinds of individualized factors that have traditionally motivated most acts of clemency. This Article …

Dejoyful Noise: Reimagining Title Vii Religious Accommodations In The Wake Of Groff V. Dejoy, Mikko Biana

Brooklyn Law Review

The prominence of religion in everyday life has dwindled in recent decades. The number of Americans who attend weekly religious services continues to decline, and wide swaths of the population now profess irreligion altogether. Despite this trend, constitutional mandates such as the Free Exercise and Establishment Clauses remind society that throughout history and into the present day, the relationship between religion and state has been and always will be ripe for discussion. The 2023 Supreme Court decision Groff v. DeJoy exemplifies this characterization. Prior to Groff, the Court primarily relied on a 1977 case, Trans World Airlines, Inc. v. Hardison, …

Liberty And Equality Under The First Amendment: Scrutinizing Book Bans Through An Equal Protection Framework, Sarah Ryan

Brooklyn Law Review

While the constitutional text refers only to liberty, equality has been recognized as an implicit principle of the First Amendment. The guarantee of free speech ensures an equal opportunity for every voice to be heard. As school book bans proliferate, the consistent targeting of titles containing themes of race or LGBTQIA+ identity reveals a discriminatory motivation on the part of state actors. The resultant infringement on students’ right to receive information, as well as the unequal treatment of particularly-themed content would seemingly run afoul of both the First Amendment and the Equal Protection Clause. Given the broad discretion granted to …

Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan

Brooklyn Law Review

As artificial intelligence (AI) becomes a familiar topic in everyday conversation and now increasingly in courts, there is a conflict between its use in creative and artistic spaces. While authors and artists enjoy copyright protections that might shield their works from being misused, there are millions of fanfiction writers who have no such protections. After all, the essence of fanfiction is rooted in writing about the characters, settings, and stories made by someone else. After decades of writing online, these fanfiction authors face the threat of having their works scraped up and fed into AI algorithms to be used in …

A Long Road Ahead: Examining The Constitutionality Of New York City’S Congestion Pricing Plan, Emily Dulberg

Brooklyn Law Review

New York City attempted to implement New York’s first congestion pricing scheme, the Central Business District Tolling Program (CBDTP). The CBDTP was paused by Governor Kathy Hochul amidst concerns that the scheme will have negative impacts on families who have not financially recovered from the pandemic. The CBDTP sought to charge drivers a fee each time they entered the Central Business District (CBD), an area below 60th Street in Manhattan. The purpose of this plan was to raise funds for the Metropolitan Transit Authority (MTA) to improve mass transit while simultaneously decreasing pollution and traffic congestion in New York City. …

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

A Delicate Balance: Adopting The French Court Of Cassation's Dual Criminality Interpretation, Matthew Hosler

Et Cetera

This Note recommends potential language to be added to various States’ criminal codes to incorporate the French Court of Cassation’s interpretation of the Dual Criminality requirement for prosecutions under universal jurisdiction. This recommendation stems from research into the concept of universal jurisdiction, leading to the discovery of the May 2023 Court of Cassation’s decision that created a pathway for countries to have jurisdiction over specific international crimes despite the crime being committed in another country. Specifically, this Note details the history of universal jurisdiction and its dual criminality requirement from the 17th century to modern times. Next, the Note details …

The Last Word On The Ohio Constitution, Jonathan L. Entin

Et Cetera

This essay offers a detailed overview of Steinglass & Scarselli’s significantly revised and expanded second edition of The Ohio Constitution, the leading analysis of that subject. The essay explores some broad themes, including judicial review, judicial independence, the relationship between the judiciary and the political branches of Ohio government, separation of powers, race and gender, the new judicial federalism, and the process for amending the Ohio Constitution. The book is an extraordinary resource for the Ohio bench and bar as well as for the general public. The essay explains why that is so and suggests that readers will use this …

The Role Of Mediation In Resolving First Amendment Disputes, Particularly In Cases Involving Freedom Of Speech Or Religion, Brian Lakhtarnik

Cardozo Journal of Conflict Resolution (CJCR) Blog

The First Amendment of the United States Constitution reads:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

In other words, all U.S. residents are guaranteed freedom of expression, religious practices, and free assembly. This article explores how Alternative Dispute Resolution could be applied to First Amendment conflicts, particularly in disputes over freedom of speech.

The print edition of the issue has also been …

The Good Officer: President Trump, General Milley, And The “Necessity” Of Constitutional Fidelity, John C. Dehn

Faculty Publications & Other Works

Actions taken by General Mark Milley, the former Chairman of the Joint Chiefs of Staff, to prevent an abuse of presidential power during the waning days of the Trump administration prompted a range of reactions and concerns. This Article leverages these events to explore the circumstances under which a member of the armed forces or senior executive branch official may have a moral or legal right or duty to disobey presidential orders or authorizations that entail a clear violation of the Constitution or federal laws, or that abuse lawful authorities in ways that would subvert the Constitution’s text or vital …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

The Evolution Of Immigration Policy And Law Within The Democratic Party: A Comparative Analysis Of Immigration Law And Policy Between The Obama And Biden Administrations, Armando A. Olmedo Arias

University of Miami International and Comparative Law Review

No abstract provided.

Power And Finesse: How The United States’ And Australia’S Women’S National Soccer Teams Score For Equal Pay, Arianna Amato

University of Miami International and Comparative Law Review

Over the last fifty years, women’s soccer has emerged as a segment of the sport attracting an audience of all ages, genders, and national origins. Despite its relatively young but dense history, the sport’s following is fun, passionate, and inspiring to both die-hard fans and casual viewers alike. However, with its explosion in popularity comes a corresponding rise in life-altering issues requiring legal solutions. Behind the scenes, these female athletes come together not only over their love of the beautiful game but in confronting similar challenges regarding their employment agreements, which are governed by domestic and international labor law, as …

How Eastern Europe Can Protect Their Cultural Heritage Via Copyright Protection Of Folk Music And How This Compares To Copyright Protection Of Music In The United States, Kostika Kosova

University of Miami International and Comparative Law Review

This note explores the intricate interplay between cultural heritage preservation and copyright protection, focusing on the distinctive case of Eastern European folk music. It delves into the historical and cultural significance of Eastern European folk music traditions, the challenges posed to their preservation, and the copyright protection mechanisms in place across the region. In parallel, the paper provides an in-depth analysis of copyright protection in the United States, highlighting its implications for folk music.

The comparative analysis showcases the unique approaches of Eastern European nations and the United States in safeguarding their respective folk music heritages. By examining key case …

The Basis For Election Exceptionalism In Justiciability And Related Doctrines: Constitutional Compensation In Light Of Purcell, Vikram D. Amar, Evan H. Caminker

Articles

Pursuant to the so-called Purcell doctrine, lower federal courts (and perhaps the U.S. Supreme Court itself) are supposed to refrain from issuing remedies that would alter the rules for election administration in the run-up to Election Day. Whether or not the Purcell rule’s purported justifications are persuasive (e.g., concerns about voter confusion, candidate and campaign expectations, smooth operation of election logistics), one tremendously problematic entailment of Purcell is that elections are held (and candidates are elected and policies are determined) even when serious doubt exists about the legality of the contests under federal statutes and the Constitution. Because of these …