Law Commons^™

Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens

Kentucky Law Journal

No abstract provided.

The Separation Of Election Contest Powers, Casey Parker-Bell

Kentucky Law Journal

No abstract provided.

Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley

Kentucky Law Journal

No abstract provided.

The Right To Have Rights In United States Territories, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton

Kentucky Law Journal

No abstract provided.

From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson

Kentucky Law Journal

No abstract provided.

Immigration Bridges, Jaclyn Kelley-Widmer

Kentucky Law Journal

No abstract provided.

The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu

Kentucky Law Journal

No abstract provided.

Deportation After Death By Incarceration: A Right To Redemption, Jennifer Lee Koh, Tin Nguyen

Kentucky Law Journal

No abstract provided.

A Sherbert Colored Lens: Apache Stronghold And The Uphill Battle For The Recognition Of A Substantial Burden For Indigenous Plaintiffs, Emma P. Collins

Kentucky Law Journal

No abstract provided.

Enforcement Mechanisms For Supreme Court Ethics Codes: Applying State Models To Scotus, Katherine Nipper

Kentucky Law Journal

No abstract provided.

Hope In The Holler: How Eminent Domain Can Bring Economic Justice To Central Appalachia, Matthew B. Chaney

Kentucky Law Journal

No abstract provided.

History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter

Kentucky Law Journal

No abstract provided.

The Birth Of Creditor Qualified Immunity, Daniel M. Tavera

Kentucky Law Journal

No abstract provided.

States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner

Kentucky Law Journal

No abstract provided.

Much Ado About Nothing: The Effect Of The "Nullity Rule" On Purported Pro Se Litigants In Federal Court, John T. Lambert

Kentucky Law Journal

No abstract provided.

Consumer Bankruptcy: A "Gem" Of The Legal Profession But A Diamond In The Rough, Tori Harris

Kentucky Law Journal

No abstract provided.

Arbitration Clause Expansion, Hossein Fazilatfar

Kentucky Law Journal

No abstract provided.

The New Parens Patriae, Meredith Johnson Harbach

Kentucky Law Journal

No abstract provided.

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs

Kentucky Law Journal

No abstract provided.

Competition For All? The Ftc’S Ban On Non-Competes And The More Effective Route In Promoting Competition, Aniqah Nashiat

St. John's Law Review

(Excerpt)

Employment contracts have historically included non-compete agreements, which are restrictive covenants forbidding employees from working “for competitors of their former employer for a certain period of time and over a defined geographic area.” American jurisprudence has always left enforcement of these non-competes to states. In the federal government, Congress has never successfully passed legislation on the per se illegality of non-competes. Instead, President Joe Biden signed an executive order in 2021 aimed at promoting the interests of American workers because companies requiring them to sign non-competes restricted their ability to change jobs. Biden explained that strengthening antitrust laws would …

The Minority Report: When Should Publicly Traded Corporations Be Required To Disclose Material Information To Its Shareholders Under Item 303?, Alicia Mayo

St. John's Law Review

(Excerpt)

Due to the social distancing mandate during the COVID-19 pandemic, the demand for cloud-based platforms conducting virtual meetings grew drastically. ON24, a cloud-based digital platform that provides interactive webinars, virtual events, and multimedia content experiences, was one of the companies that experienced “explosive growth.” ON24’s customers increased from 760 customers to 1,900 from December 31, 2015 to September 30, 2020, and its revenue increased by fifty-nine percent from the previous year. ON24’s annual recurring revenue is driven by the company’s ability to acquire new customers while maintaining and expanding its existing client relationships. On February 3, 2021, ON24 commenced …

Caging Songwriters In The Compulsory Licensing Framework: A Battle Of Fairness And Equity, Maria Kaganis

St. John's Law Review

(Excerpt)

Imagine it is November 2023, and you log onto Spotify to stream your favorite music. As you do, you notice you now have access to up to fifteen hours of the most popular audiobooks. You really enjoy the addition of audiobooks to Spotify and have used the new feature for months. Come March of 2024, however, you get an email stating that Spotify will be introducing a . . . music-audiobook bundle as part of your current subscription? Is that not what you already had? Shrugging it off, you move on and continue enjoying your music, audiobooks, and podcasts …

Closing Symposium Remarks: Reflections On A Legacy That Endures, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

I am back again, but this time, to give my closing remarks and to reflect on this extraordinary day. I think that is a fitting word for it. I want to take a moment to reflect on our experience together and to celebrate the enduring power and purpose of scholarship at St. John’s Law. This has been a wonderful opportunity to hear from our faculty, to engage with one another, and to witness the profound ways in which scholarship shapes the law, the academy, and society.

Cross-Talk, The Honorable Raymond J. Lohier, John Q. Barrett, Noa Ben-Asher, Margaret E. Mcguinness, Mark L. Movsesian, Michael A. Perino

St. John's Law Review

(Excerpt)

You know what is interesting? This has been on my mind for a long time as my law clerk, Colin, knows. What you have all described in different ways, maybe with the exception of the religious rights case, but I will get to that, is a Supreme Court that either is, or perceives itself to be, unchecked by Congress and at times unchecked by the President, largely for reasons that we can discuss.

Private Securities Enforcement And The Roberts Court, Michael A. Perino

St. John's Law Review

(Excerpt)

Thank you, Judge Lohier, thank you Professor Subotnik, and thank you to everyone who put this scholarship symposium together. I am acutely aware that I am the last panelist, on the last panel, on Friday afternoon, and so, I am going to try my best to keep my comments to the allotted ten minutes.

It is important to keep two key points in mind if we are going to talk about the Roberts Court’s approach to private securities enforcement. First, the Roberts Court contains no securities experts. In fact, except for Lewis F. Powell Jr. and William O. Douglas, …

Some Brief Thoughts On The Ten Commandments In The Schools, Mark L. Movsesian

St. John's Law Review

(Excerpt)

Thank you, Judge, and I want to thank Eva for inviting me to participate and all of you for being here this afternoon.

My area of scholarly expertise is the Religion Clauses of the First Amendment. That is what I write about. So far, the Supreme Court has not taken any cases on the Religion Clauses this term, which is a little unusual. The Court has decided several important cases in this area in the last decade or so, and maybe the Court has decided to take a break this term. We will see.

But some important church-and-state issues …

Change And Continuity: Foreign Affairs And Procedure At The Supreme Court 2024–25, Margaret E. Mcguinness

St. John's Law Review

(Excerpt)

The 100th anniversary of the founding of the Law School is a wonderful occasion to discuss how research and teaching form us as professors within the St. John’s community. I teach, research, and write about international law, international human rights, diplomacy, and the ways in which international law becomes law in the United States. I also teach civil procedure and international litigation. These two strands of my work allow me to think about the complex interplay between international law and domestic court procedure. I also have professional experience in each of these areas: First, as a career diplomat for …

How Law Changed Sex In The Twenty-First Century, Noa Ben-Asher

St. John's Law Review

(Excerpt)

Thank you, wonderful students of St. John’s Law. Thank you, Professor Eva Subotnik, for your ongoing work on this event. Thank you, Dean Exum, for leading the school in these consequential times for the legal profession. And thank you, Judge Lohier, for taking the time to join us today.

Transgender issues have been in the spotlight in recent years. While many litigators and scholars think of this growing body of law and politics as “transgender rights,” I would like to persuade you in the short time that I have today that what is broadly and interestingly at stake is …

Respecting Who Legislates: Congresses And Presidents, John Q. Barrett

St. John's Law Review

(Excerpt)

Under the United States Constitution, who legislates? The Constitution says, in plain words, that “[a]ll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” So people who know the Constitution tend to say that “Congress” legislates.

There are two problems with that answer. The first is rhetorical: that summary answer is too disembodied. “Congress,” when it passes a bill, in fact, is many, typically highly respectable, elected Senators and Representatives. At minimum, 269 people—fifty-one Senators (or fifty Senators plus one Vice President of the …