Law Commons^™

The Bastard Of The Arts And Copyright Law: The Intersection Of Dance And Copyright Law In Hanagami V. Epic Games, Inc., Alyssa Sitkowski

UIC Review of Intellectual Property Law

No abstract provided.

Catch-22: The Elusiveness Of Commuted Per-Unit Royalty Conversions And Their Sufficiency In Hypothetical Negotiation Calculations Under Protective Order, Kenneth L. Woodard Jr.

UIC Review of Intellectual Property Law

No abstract provided.

Table Of Contents & Introductory Material

UIC Review of Intellectual Property Law

No abstract provided.

Game On: The Continuing Challenges For Enforcement Of Tattoo Copyrights, Yolanda M. King

UIC Review of Intellectual Property Law

No abstract provided.

Timing The Tunes: Nealy V. Warner Chappell Music, Inc. And The Dance Of Accrual, Statutes, And Damages, Joanna Goro

UIC Review of Intellectual Property Law

No abstract provided.

Reframing Compliance For A Polarized World, Miriam H. Baer

Faculty Scholarship

Corporate compliance relies on an intricate network of individuals and organizations to monitor and report wrongdoing. Compliance improves our collective well-being by curbing corporate misconduct and by facilitating the freer flow of information.

Despite notable failures, compliance has thrived over the past three decades, becoming a well-respected element of corporate governance. Now, however, compliance faces a new challenge, as polarization has become the norm in American life. Political parties have grown more ideologically homogeneous, and politicians embrace more extreme variations of the positions they supported just a few years ago. Partisan thinking has moved beyond discrete political debates, spreading to …

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

Judging Judiciaries: How Sticky Defaults, Status Quo Bais, And The Sovereign Prerogative Influence The Perceived Legitimacy Of The New International Commercial Courts, S.I. Strong

American University Law Review

Forum shopping is routinely criticized as contrary to procedural justice. However, recent years have seen an increasing number of jurisdictions engaged in the process of forum selling, in which countries actively seek to bring lucrative litigation business to their national judicial systems. One of the most common types of forum selling involves the creation of new international commercial courts designed to increase a nation’s competitiveness in the global litigation market.

Most studies of the new international commercial courts have focused on how procedural innovations adopted by different courts are likely to affect party choice. While useful, these analyses assume that …

Denied By Dysfunctional Design: How The Dd-293 Application Form Thwarts Pro Se Veteran Applicants’ Discharge Upgrade Requests., Jessica Lynn Wherry

American University Law Review

Although most military service members receive an Honorable discharge at the completion of their service, thousands of former service members are discharged under less-than-honorable conditions, often for misconduct that is likely the result of a mental health condition, including post-traumatic stress disorder (PTSD ), traumatic brain injury, sexual assault, or sexual harassment. Veterans with a less-than-honorable discharge are ineligible for most veterans benefits. The consequences can be dire for these former service members, including homelessness, unemployment, mental health conditions, criminal involvement, and suicide. These veterans can restore their access to benefits by appealing to a military discharge review board, seeking …

Letter From The Editor, Samara Rahman

American University Law Review

No abstract provided.

The Poorer The Author, The Better Their Art: How For-Profit Fanfiction Can Be Fair Use., Jordan Stevenson

American University Law Review

Fanfiction is an increasingly prominent part of culture and significant form of art. Yet its authors, some of whom write hundreds of thousands of words and whose works amass millions of views, rarely profit from their creations, which are typically published online for free. This Comment argues that existing fair use doctrine provides an avenue for fanfiction authors to monetize their work without legal risk. Drawing on recent Supreme Court decisions, I identify five themes of transformative use that are applicable to any fair use defense. I then introduce a taxonomy categorizing fanfiction's narrative, formative, and substantive elements. I integrate …

Employment And Identity, Matthew T. Bodie

Articles

Work shapes our identities, and our identities shape our work. The tension between personal identity and work identity drives popular culture, as seen in shows like Severance and The Bear, and it frames our conceptions about who we are and what gives our lives meaning. In many respects the law has assumed a clear separation between work lives and personal lives, divvying up control and responsibility over these realms on that basis. But the divide, never absolute, has blurred considerably through technological change, legal developments, and social expectations, resulting in a more pervasive employer presence in both our workspaces and …

Virtual Currency As Real Currency, Jeffrey A. Maine

Faculty Publications

Convertible virtual currency is increasingly equated with the notion of real currency. Indeed, the increased acceptance of virtual currency as a payment method among retailers and consumers, the evolution of new types of virtual currency that alleviate price volatility, and the recent expansion of foreign country initiatives confirm the strong trajectory toward virtual currency’s function as a transactional currency. Yet, the tax system continues to classify all forms of virtual currency as “property,” and not “currency,” which results in immediate taxation every time someone buys something with virtual currency. This Article argues that the adopted tax treatment of virtual currency …

Co-Parents With Benefits, Jessica Feinberg

Faculty Publications

The relationshipbetween individuals who share a common child merits significant legal and societal attention. An increasingly high percentageofchildren are being raisedby parents who are not married to each other, and modern social science research demonstrates that the quality of the relationship between co-parents has serious implications for children's well-being. When co-parentage is unaccompanied by marriage, however, the law historically has attachedfew, if any, rights and obligations to the relationship. This historical disregard for the relationship between non-marital co- parents fails to promote children's best interests. Children whose parents are not marriedto each other should not be excludedfrom the benefits that …

Partial Additionality: The Blunt Metric Distorting Carbon Market, Anthony L. Moffa, Joseph Newlen

Faculty Publications

The widespread recognition that climate change presents an existential threat to humanity has spurred the development of numerous technologies, regulatory structures, and voluntary actions aimed to mitigate the pending disaster.

Order Of The Coif Program, August 18, 2025, University Of South Carolina School Of Law Order Of The Coif

Order of the Coif Programs and Documents

No abstract provided.

The Legacy Of Dobbs: How The Supreme Court’S Decision To Review Gender- Affirming Care Bans Signals Its Intent To Eliminate The Protections Of Bostock And Obergefell Against Laws Designed To Discriminate Against Lgtbq+ Individuals, Jennifer S. Bard

Minnesota Journal of Law & Inequality

No abstract provided.

Poison! An Africana Legal Studies Investigation Into Enslaved Africans And Their Deadly Roots, Angi Porter

Minnesota Journal of Law & Inequality

No abstract provided.

The Caseload Chronicles: Investigating The Case Manager Role Through The Perspectives Of Current Special Education Teachers, Khalil Milad Abouhamad

University of the Pacific Theses and Dissertations

Teacher attrition and resulting shortages have become severely problematic across the United States. This is especially true within special education. This study employs role theory (Kahn et al., 1964) to isolate the case manager role carried by special education teachers, investigate it through the stories of current practitioners, and establish it within academia. Burnout theory (Maslach, 1993) provides a lens through which to evaluate the strain of working conditions surrounding the case manager role. Elements of narrative inquiry (Clandinin, 2006; Creswell & Guetterman, 2019) in the form of 1-1 interviews with current IEP case managers from across California provided the …

The Comstock Act’S Equal Protection Problem, Danny Y. Li

Michigan Law Review Online

Following its victory in Dobbs, the antiabortion movement has set its sights on a national abortion ban. Affiliates of the second Trump Admin- istration—including the vice president-elect—have endorsed the re- newed enforcement of the 1873 Comstock Act as one avenue for implementing such a ban. This Essay argues that contemporary enforce- ment of the Comstock Act as a national abortion ban would be unconsti- tutional. The Act violates the Fifth Amendment’s equal protection guarantee because it was enacted with the discriminatory purpose of in- hibiting illicit sex to promote women’s sexual purity. Only contemporary reenactment of the law without constitutionally …

The Federal General Counsel, Law, And Our Democracy At A Crossroads, Seth Frotman

Michigan Law Review Online

This speech, given by the general counsel of the Consumer Financial Protection Bureau (CFPB) on January 7, 2025, examines how federal government lawyers can help ensure that laws are faithfully administered to address the contemporary challenges facing American citizens. Despite the CFPB’s successes in protecting consumers from predatory financial practices—particularly amid the rapid digital transformation of the economy—undemocratic forces have increasingly rigged the legal system to serve as both sword and shield for the powerful. The speech describes how judge-made doctrines like “major questions” have been weaponized to disempower Congress from writing statutes with enduring relevance. These challenges represent an …

Adaptive College Athletics: The Champion Medals Await Those Collegiate Universities Who Compete, Peter Galati

Student Works

No abstract provided.

Is Collegiate Athletics Already Professionalized While The Ncaa Still Recognizes College Sports As Amateur Athletics?, Justin Orsini

Student Works

No abstract provided.

Ncaa: Not Comprised Of Amateurs Anymore, Michael Reilly

Student Works

No abstract provided.

Ncaa Videogames: How The Litigation That Cancelled Ncaa Football Has Led To Its Comeback, Peter Shah

Student Works

No abstract provided.

2025-2026, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Sunshine Laws Cast A Dark Shadow On Democracy, Elizabeth Stephani

Wyoming Law Review

A group of people keenly aware of government corruption and the consequences of concentrated power created the United States Constitution. Flowing from the Founders’ fear of another King, the U.S. Constitution designed public institutions to be accountable to the people through the separation of powers. While the separation of powers remains the bedrock of American democracy, laws like the Wyoming Public Records Act (Wyoming Sunshine Law) allow for harmful overlaps in government powers. This Article begins by assessing federal legal frameworks for open records requests incorporated in the Freedom of Information Act (FOIA). Next, the Article compares and contrasts Wyoming’s …

The National Firearms Act Is An Unconstitutional Tax, Charles K. Eldred

Wyoming Law Review

The National Firearms Act (NFA) regulates certain firearms (most importantly, short-barreled rifles and suppressors) under the taxing power. The Supreme Court upheld it as such in the 1930s. But those precedents are subject to attack under Heller and Bruen, since the NFA taxes the exercise of constitutional rights the earlier precedents did not recognize—and does so without any historical precedent. Moreover, consideration of rarely considered limitations on the taxing power that the Supreme Court reaffirmed in Sebelius leads to the conclusion that several provisions of the NFA violate the taxing power, independent of any Second Amendment concerns. In sum, the …

Redefining The Relevant Market: Abandonment Or Return To Brown Shoe, Daniel A. Hanley

Dickinson Law Review (2017-Present)

Defining a relevant market is arguably the most important requirement in antitrust litigation. Between the 1890s and the 1940s, defining a relevant market was a simple and generalized process, typically undertaken by courts as a cursory matter. However, in the 1960s, defining relevant markets became a centerpiece of antitrust litigation. The modern method originates from the Supreme Court’s landmark 1962 decision in Brown Shoe v. United States. The method commonly known as the Brown Shoe test requires judges to construct relevant markets by carefully analyzing accessible and understandable qualitative data, such as internal corporate documents and consumer surveys. Since the …