Law Commons^™

Takings Doctrinalization, Gerald S. Dickinson

Washington and Lee Law Review

The U.S. Supreme Court’s takings jurisprudence is shaped by an unusually strong reliance on doctrinalist methods of interpretation and reasoning. From Pennsylvania Coal Co. v. Mahon to Penn Central Transportation Co. v. City of New York to Kelo v. City of New London, the Court heavily consults its past takings decisions or refers to the tests, principles, or standards from those decisions as epistemic guides to draw meaning from the Takings Clause. This long history of takings doctrinalization, however, was abruptly disturbed in Nollan v. California Coastal Commission and Dolan v. City of Tigard. There, Justices Scalia and …

The Sound Of Silence In Corporate Director Resignations, Asaf Eckstein, Ziv Granov

Washington and Lee Law Review

This Article seeks to provide an in-depth theoretical, empirical, and policy analysis of an underdeveloped topic in corporate law: director departure. We argue that outspoken director resignations are an integral aspect of effective corporate governance. Disgruntled corporate directors who disagree with the firm’s policies or practices alert shareholders to internal misconduct, encouraging market reactions that pressure the company to make necessary changes. Disclosure of conflict is particularly important in mitigating information asymmetry between shareholders and management, allowing investors to promptly react to relevant events within the firm.

Despite the governance benefits of resignations in protest, we show that outspoken director …

Justice Barrett And Nondelegation, Hank Scheffler

Student Works

No abstract provided.

Privatizing America’S Game: Private Equity’S Play For The Nfl, Will Demartin

Student Works

No abstract provided.

An Exploration Of The Jurisprudence Of The National Bank Through Hamiltonian And Jeffersonian Legal Lenses, Nadia Ghazal

Student Works

No abstract provided.

Mental Illness And Medical Assistance In Dying, Sophia Gengaro

Student Works

No abstract provided.

Toward Objectivity In International Criminal Law: Modeling Genocide, Kevin Chamow

Student Works

No abstract provided.

A Case For Further Environmental Protections Of Endangered Animals’ Habitats And A Limitation Of State Agency Power, Jacob T. Norris

Student Works

No abstract provided.

Transcending Tradition Through Inclusive Online Pedagogy, Areto A. Imoukuede

Journal Publications

This work critiques the exclusionary nature of the traditional Socratic method and introduces The New Pedagogy: Online Socrates as a foundational framework for building more inclusive, equitable, and student-centered approaches to legal education.

It challenges the continued reliance on the traditional Socratic method in legal education, arguing that its hierarchical and exclusionary nature undermines meaningful inclusion and student engagement—both online and in the classroom. It contends that the barriers often attributed to online learning expose deeper inequities within traditional legal pedagogy itself.

Building on this critique, the work proposes that the shift to online education provides a unique opportunity to …

Navigating The Crossroads: The Interaction And Tension Between State Employment Laws And The Doj’S Eccp Guidance On Compensation Clawback Provisions, Madeline Humphrey

Student Works

No abstract provided.

Breaking Free From The Invisible Chains: How New Jersey’S Recognition Of Coercive Control Is A Crucial Step In Combatting Psychological Abuse, Andrew Patrick Gault

Student Works

No abstract provided.

Do Running Backs Matter? Positional Value And Antitrust Implications Of The Modern Nfl Running Back, John "Jack" Mostow

Student Works

No abstract provided.

Editor's Notes On Special Issue: The National Firearms Act

Wyoming Law Review

No abstract provided.

Machine Gun History And Bibliography, David B. Kopel

Wyoming Law Review

This Article provides an introductory history of machine guns and books about them. First, the Article describes federal machine gun laws and regulations, and related legal resources. Then the Article presents the historical development of machine guns from 1862 to the present, covering the various types of machine guns: heavy, medium, light, general purpose, submachine gun, machine pistol, and assault rifle. The first machine gun to achieve broad commercial success was the Gatling gun, invented during the American Civil War. Although the Gatling had little effect on that war, shortly thereafter the Gatling gun and other manual machine guns started …

The Counter-Militia Second Amendment, Tom W. Bell

Wyoming Law Review

Despite their many disagreements about how to interpret it, courts and commentators agree the Second Amendment of the United States Constitution favors the militia. Some think the Second Amendment protects an individual right to keep and bear arms so citizens can better defend themselves and their country. Others think the right pertains only to active service in a militia that has been called into public service. But what if they all got it backwards? What if the Second Amendment, instead of empowering the militia, aims to check and balance it? On this countermilitia reading, the Second Amendment begins by apologizing …

The Lasting Impact Of Ring V. Arizona On Capital Jury Trials, Kevin M. Morrow

Wyoming Law Review

The final decision on the imposition of the death penalty in the United States is made by either judges or juries. A wealth of empirical study has gone into comparing these two methods. Arizona, with its change to a jury-based system immediately after the landmark Supreme Court decision Ring v. Arizona, is divided into discrete eras of capital sentencing. For the first time, this article catalogs, and examines, the post-Ring capital trials that reached the question of life or death to explore systemic differences between jury and judge sentencings. The study revealed that while Arizona’s rate of death sentences increased …

Blockchain: A Practical Solution To Monitor Corporate Supply Chains, Gaige J. Graham

Wyoming Law Review

The persistence of human rights abuses within the Democratic Republic of the Congo (DRC)—particularly in the cobalt mining industry— underscore the failure of international labor protections and corporate due diligence. Despite the International Labor Organization and United Nations Guiding Principles on Business and Human Rights (Ruggie Principles), corporations continue to profit from child labor, forced labor, and unregulated artisanal mining. Existing accountability mechanisms, reliant on state enforcement and voluntary corporate compliance, have proven inadequate to address these labor issues. This Comment argues that blockchain technology offers a practical, scalable solution for supply chain transparency, capable of mitigating labor rights violations …

The Dobbs Decision And The Erosion Of U.S. Moral Authority: A Hypocritical Stance On Bodily Autonomy With Worldwide Implications, Patricia A. Broussard, Joi Cardwell

Journal Publications

No abstract provided.

Is Federal Question Jurisdiction Arising Or Setting, Lumen N. Mulligan

Faculty Works

In this essay, I respond to Professor Arthur D. Hellman. Hellman argues that "there is reason to be concerned that the [federal] judicial system falls short of the Framers' expectations--primarily by denying many litigants in cases presenting federal questions 'their real day in an Article III court,' but also by fostering 'balkanization' rather than uniformity in the interpretation of federal law." It is a privilege to comment upon Hellman's thoughtful piece. In doing so, I begin by questioning the value of originalist interpretations of Article III jurisdiction both descriptively and normatively. I then turn to an intra-originalist critique that paints …

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Taxes And Certainty: Challenges In Judicial Review Of U.S. Tax Legislation, Reuven Avi-Yonah, Moshe A. Jaffe

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Sole Survivor: Balancing Artistic Expression With Trademark Infringement Factors Within The Sneaker Industry, Katelyn Kohler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

How To Count To 180—It Depends: Tolling Of Time For Pretrial Detention In Massachusetts, Mitchell Fallon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law—What Do You “Value”? Second Circuit Broadens Federal Bank Bribery Statute To Include Intangibles—United States V. Calk, 87 F.4th 164 (2d Cir. 2023), Trevor Pilkington

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Administrative Law—An End To Menthol-Flavored Ends? Third Circuit Upholds Fda’S Application Denial For Menthol-Flavored Vapes—Logic Tech. Dev. Llc V. United States Fda, 84 F.4th 537 (3d Cir. 2023), Brooke Bridges

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.