Law Commons^™

Masthead

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Private Equity In College Sports: Enthusiastic Partner Or Meddling Force?, Kent Miller

Marquette Sports Law Review

No abstract provided.

Sports Law In Law Reviews And Journals, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

No Student-Athlete Left Behind: Non-Revenue Student-Athlete Status Under The Flsa, Ethan Saberhagen

Marquette Sports Law Review

No abstract provided.

Leveling The Playing Field Through Collective Bargaining: How The Nlra And The Groundbreaking 2024 Nwsl Cba Could Shape The Wnba’S Impending Cba Negotiations, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

The Gym-Pire Strikes Back: Is The Eighth Circuit’S Vacatur Of The Ftc’S Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

Marquette Sports Law Review

No abstract provided.

“It Doesn’T Matter What Your Name Is:” The Case Against Corporate Ownership Of Persona Rights In Modern Professional Wrestling, Calvin Holle

Marquette Sports Law Review

No abstract provided.

Efficient Norms In Formula One, Samuel Cole

Marquette Sports Law Review

No abstract provided.

“If Only You Guys Knew What I Knew:” Insider Trading In Collegiate Sports Betting, Ethan Lamb

Marquette Sports Law Review

No abstract provided.

Facial Recognition Technology And Wrongful Arrests In The Digital Policing Era, Jannice Cebreros

Washington Law Review Online

This Essay examines the use of facial recognition technology (FRT) by law enforcement agencies, the implications of such use, and the disproportionate impact the use has on Black, Indigenous, and People of Color (BIPOC) communities. Law enforcement officers are increasingly using FRT for the purpose of identifying suspects. Essentially, law enforcement officers will take a “still image” of a suspect, upload this image into a database, and find a potential match, which the officers then use to identify an individual. This Essay argues that legislatures must enact law that limits the use of FRT by law enforcement agencies, especially when …

Progressive Copyright Theory, Emily Behzadi Cárdenas

Faculty Scholarship

The legacy of colonialism, dispossession, and racial injustice is foundational to existing inequalities in modern copyright law. Traditionally, the primary purpose of copyright laws was to incentivize “progress” through the dissemination of new works, thereby conferring economic benefits to both the creator and society at large. Such economic-based notions of “progress” have historically favored the creative contributions of privileged groups while simultaneously disregarding those of historically oppressed groups. Progressive property theory acknowledges that there are social responsibilities and relationships inherent in private property ownership. Scholarship on progressive property law has exposed the need to reevaluate how property law regimes perpetuate …

Taking Integrity Risks Seriously, Miriam H. Baer

Faculty Scholarship

Several recent scandals in higher education have illuminated notable weaknesses in the academy’s scholarly self-monitoring function. Plagiarism, undisclosed conflicts of interest, and shocking allegations of data fraud have arisen in contexts suggesting real weaknesses in peer review and other internal monitoring mechanisms.

Although the legal academy is different in many ways from the rest of higher education, it is hardly immune to the familiar precursors of fraud—opportunity, pressure, and rationalizations. Moreover, the academy's reliance on student-written law reviews creates additional challenges for holding wayward legal scholars accountable for their integrity violations.

This Essay, written for a Symposium hosted by the …

Admissions Essays After Sffa, Sonja Starr

Indiana Law Journal

The Supreme Court concluded its 2023 decision barring affirmative action in university admissions with a qualification: Although they may not give weight to “race qua race,” universities may consider individual applicants’ discussion of race-related life experience that bears on their strengths and potential. This “essay carveout” provides a potential path forward for universities (and other entities to which the affirmative action ban may eventually apply). But the Court also warned against using it to enact “indirect” affirmative action, and legal advocates of colorblindness stand poised to challenge any use of essays that appears to stray over this line. So where …

Climate Litigation And Third-Party Litigation Finance, Courtney Geiss

Indiana Law Journal

For the last 200 years, human activities have been the main driver of global climate change, particularly the burning of fossil fuels. Increased emissions from fossil fuels have contributed to rising temperatures, food scarcity, and natural disasters, including fires, flooding, and droughts. Although climate change has been an issue in the public eye for the last several decades, global emissions are projected to continue increasing. At this point, it is clear that current actions at the individual and state level are not enough to meaningfully reduce greenhouse gas emissions. In this Note, I will discuss the idea of using third-party …

Super-Groups: Legal Empowerment And "Public Law", Matthew Lawrence

Indiana Law Journal

Not all interest groups are created equal. Some groups are created by or with the help of law. Law can confer political power on groups through wealth, rents, concentrated interest, and durability, creating synthetic factions that use their stategiven influence to dominate lawmaking. Deregulatory and progressive traditions in public law have long thought differently about laws that empower. A deregulatory tradition sees legal empowerment as a democratic pathology that counsels against lawmaking, citing empowerment concerns as a perennial rhetorical point against consumer protection, environmental protection, and social welfare programs, among others, for fear they will lead to “capture.” At the …

Minding The Gaps: How Intimate Partner Violence Legislation Is Failing To Address Coercive Control, Sydney Koehler

Minnesota Journal of Law & Inequality

No abstract provided.

Gender-Based Persecution, Protection, And Particularity: The Case For Returning To Acosta, Meg Keiser

Minnesota Journal of Law & Inequality

No abstract provided.

Uneven Scales: How The Symbiotic Relationship Between Prosecutors And Judges Results In Unfair Criminal Proceedings, Edward S. Adams

Minnesota Journal of Law & Inequality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

Jbs’S Initial Public Offering: Threats To Environmental And Human Rights, Kayla Thompson

Indiana Journal of Law and Social Equality

This paper centers around the decision to be made regarding JBS, the world’s largest meat company, wanting to list shares on the New York Stock Exchange (NYSE), and the environmental and social impacts that could result from the Security and Exchange Commission’s (SEC) approval. JBS has been at the center of various controversies over the last several years, including sourcing cattle from ranches acquired through illegal deforestation, engaging in greenwashing practices, incorrectly reporting greenhouse gas emissions, and engaging in human rights abuses. Many environmental groups have filed complaints with the SEC concerning JBS’s bid to list on the NYSE. The …

Prescribing A Balance: Sustaining Environmental Health With Pharmaceutical Interest In Puerto Rico, Derek Warzel

Indiana Law Journal

Puerto Rico, often referred to as the “Medical Cabinet of the U.S.A.,” is a hub for pharmaceutical manufacturing, contributing significantly to the American medical supply chain and Puerto Rico’s economy. However, decades of industrial activity, compounded by climate events like Hurricane Maria, have led to severe environmental damage, particularly through groundwater contamination and damaged Superfund sites. This Note examines the historical intersection of economic incentives and environmental neglect in Puerto Rico, focusing on the pharmaceutical industry’s impact. By critically analyzing the Superfund program and proposing reforms, this Note advocates for a balanced approach: introducing proactive environmental protections and financial incentives …

Unconcerned And Undertrained: The Indiana Jail Death Epidemic And The Need For Expanded Jail Officer Training, Sadie Rothrock

Indiana Law Journal

On October 4, 2018, Jerod Draper lost his life after two hours of torture by Harrison County jail officers. While in custody of the jail and suffering from an overdose, Jerod Draper was placed in a restraint chair for two hours and tased seven times in fifteen minutes. Jerod Draper’s story is one of the many stories demonstrating how a jail death epidemic is occurring throughout Indiana. In this Note, I discuss the history of incarceration in the United States, the statutes under which families of jail death victims can sue, and Indiana’s jail death problem. I then highlight Indiana’s …

The Interaction Between Privacy Laws And Restrictive Licensing Agreements In Cross-Border Satellite Imagery, Ida Samardar

IP Theory

No abstract provided.

Housing As A Human Right Through Legislative Action: Comparing France And Scotland’S Enforceable Rights To Housing, Emily Peterson, Jack E. Turman Jr., Ph.D.

Indiana Journal of Law and Social Equality

No abstract provided.

The Bankruptcy Off-Ramp From Complex Civil Litigation: Purdue Pharma, Opioids, And Unorthodox Civil Procedure In Public Harms Cases, Abbe R. Gluck

Indiana Law Journal

For civil procedure scholars, bankruptcy has become exciting. Last year, the United States Supreme Court decided for the first time a case that implicated both the core of the national opioids litigation and one of the most important developments in modern civil procedure—namely, the enormous amount of unorthodox procedural innovation that is happening in the courts as parties strive to reach global settlement.

The decision, Harrington v. Purdue L.P., took almost seven months despite the grant of expedited review—an indication that the result was likely not easily reached. In June 2024, the Court, voting five to four, reversed the Second …

Conceptualizing Caremark, Roy Shapira

Indiana Law Journal

Who is accountable for corporate compliance failures? The issue of compliance has emerged as one of the most significant developments in corporate governance over the past decades. However, until recently, corporate law has had surprisingly little to say about the question, leaving the policing of issues such as toxic pollution, product safety, or data privacy, to other regulators. This situation has changed dramatically over the past few years. Today, virtually every corporate fiasco is followed by an oversight duty lawsuit against the company’s directors and officers for not doing enough to prevent the debacle. But the rapid resurgence of oversight …

Federalism, State Action, And Workers' Medical Privacy, Ani B. Satz

Indiana Law Journal

Injured workers entering state workers’ compensation systems effectively forego their medical privacy. This is due to widespread judicial misinterpretation of the HIPAA Privacy Rule (HPR) as excluding injured workers from federal medical privacy protections. As a result, medical privacy for workers’ compensation claims is effectively governed by state law. This Article argues that states have failed to protect the medical privacy of injured workers adequately and that there is a pressing need for legislative reform. The Article presents the first comprehensive survey in the legal literature of state action protecting the medical privacy of injured workers. Part I describes the …

Benched Judges, Anna Roberts

Indiana Law Journal

In multiple jurisdictions, if the prosecutor wants to attack the credibility of a person testifying in their own defense with that witness’s prior felony convictions, the judge has no power to say no. Judges decry their powerlessness. Their opinions reveal three types of concerns: that these convictions lack probative value on the issue of credibility, that they inflict unfair prejudice that jury instructions cannot ameliorate, and that the power transferred by these provisions from judge to prosecutor is undeserved and abused.

There is much that could be done to address these concerns. The rules could be reinterpreted or rewritten to …

Remarks On The 20th Anniversary Of The Founding Of The District Of Columbia Access To Justice Commission, Anna Blackburne-Rigsby

University of the District of Columbia Law Review

I'm very excited to be here and honored that you invited me to be one of the speakers for this very timely and amazing symposium. I'm especially excited because you're also recognizing the 20th anniversary of the District of Columbia's Access to Justice Commission. The topic of the symposium is the evolution of the legal profession, A Different World. Looking at the phoenix on the UDC Law school logo, the flames are really appropriate now when we talk about the evolution of the legal world with all the technological developments and other interesting issues that we confront.

First, I want …