Law Commons^™

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

From Advocacy To Inaction: Paradoxes Of The United States And The Convention On The Rights Of Persons With Disabilities, Elizabeth W. Raymakers

William & Mary Journal of Race, Gender, and Social Justice

This Note utilizes an analytical lens to consider why the United States never ratified the Convention on the Rights of Persons with Disabilities (CRPD). The Note first establishes the history of the CRPD and turns to the history of attempted ratification by the United States. By examining the legislative history of the Convention, as well as the U.S. engagement internationally leading up to and subsequent to the ratification attempts, this Note establishes a more nuanced understanding of the United States’ stance on the CRPD. Subsequently, by applying an analytical framework intended to identify manifestations of support for aspects of international …

The New Transgender Tipping Point: Trumpism, Medical Necessity & Gender-Affirming Care, Molly J. Nunn

William & Mary Journal of Race, Gender, and Social Justice

Following the rise and eventual triumph of Trumpism 2024, President Donald J. Trump and his administration have sought to discredit the internationally recognized standards of effective health care practice for gender-affirming care. Now, ten years after Time Magazine published “The Transgender Tipping Point,” the political discourse of transgender identity is tipping again. Under the second Trump Administration, transgender identity sits at the edge of an abyss. Trumpism seeks to eradicate or significantly limit access to gender-affirming care through executive actions and the judiciary, despite the plethora of medical associations stating that that care is medically necessary. Public policies that widely …

The Role Of Prosecutorial Discretion In Criminal Immigration Matters, Brian L. Owsley

William & Mary Journal of Race, Gender, and Social Justice

If the Trump administration’s goal is to remove between fifteen and twenty million undocumented individuals, then it would be far more effective to reduce the incentive of American companies and employers to hire undocumented individuals. Therefore, from a prosecutorial perspective, the federal government should consider whether seeking to charge and prosecute individuals is the most effective approach, or whether they should redirect their effort to the individual’s employer.

In addition to employers engaging in criminal immigration offenses, for several years now, the federal government has notably ignored the action of one person engaged in the smuggling of over 100,000 undocumented …

Dad On Duty: The Potential Of Paid Parental Leave Laws, Laura E. Bates

William & Mary Journal of Race, Gender, and Social Justice

The United States is the only industrialized country in the world that does not guarantee its citizens paid parental leave. While the Family and Medical Leave Act provides some employees up to twelve weeks of unpaid leave, its limitations leave most American parents without adequate support. In the absence of a national paid parental leave system, states are stepping in, enacting laws that provide fully or partially paid parental leave. Private employers are also offering paid parental leave in increasing numbers. Despite these efforts, only 27 percent of private-sector American employees have access to paid parental leave.

Men taking paternity …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Key

California Regulatory Law Reporter

No abstract provided.

Lack Of Player Protection Revealed Under Mlb’S Joint Domestic Violence, Sexual Assault And Child Abuse Policy And Necessary Changes To Avoid Arbitrary Disciplinary Actions., Maureen J. Camacho

Student Works

No abstract provided.

Telemedicine Fraud: Exposing Vulnerabilities And Recommended Solutions, Evander Tang

Student Works

No abstract provided.

Reforming The No Surprises Act: Addressing Structural Deficiencies To Protect Patients From Unexpected Medical Bills, Elvin Migirov

Student Works

No abstract provided.

Penalties For Prevention? The Case For Enacting A Safe Harbor Provision For Apoe Screening, G. Davis Rieser

Student Works

No abstract provided.

Commander In Cyberspace: A Comprehensive Review Of The President’S Authority To Conduct Military Cyber Operations, Bryan Gonzalez

Student Works

No abstract provided.

The First Amendment: Sacrificing The Well-Being Of Minors For The Absolutism Of Freedom Of Speech, Nikki Carr

Student Works

No abstract provided.

Normative Jurisprudence & Good Government, Zachary A. Chin

Student Works

No abstract provided.

The Need For A Federal Anti-Slapp Statute Following The Increase In Defamation Lawsuits As A Result Of Cancel Culture, Gabrielle Marchisin

Student Works

No abstract provided.

Court Of Arbitration For Sport: A Flawed But Necessary System That Will Shape The Future Of The Olympic Games, For Better Or For Worse, Michael Digeronimo

Student Works

No abstract provided.

The Court Of Arbitration For Sport: An Investigation Into Its Issues And Solutions Which Can Restore Its Legitimacy As “The Supreme Court Of Sports.”, Alex Kingsley

Student Works

No abstract provided.

The Newest Advancement For Collegiate Athletes And Their Fight For Employment Status, Olivia Tomasula

Student Works

No abstract provided.

Large Deferred Salary Contracts Are Adding To The Current Payroll Disparity In Baseball, Rachel Zayon

Student Works

No abstract provided.

How Can Policy Tools Prevent Sanctions Evasion Through Cryptocurrency And Improve Sanctions Law Compliance?, Austin Mun

Student Works

No abstract provided.

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé

Student Works

No abstract provided.

Liability Of Employer Organizations In Relation To Abuse Committed By Employees: The Nassar Usa Gymnastics And Michigan State University Abuse Scandal, Julia Rossinow

Student Works

No abstract provided.

Leveling The Playing Field: Navigating The Give And Take Of College Athlete Employment Status, Sophia Nisivoccia

Student Works

No abstract provided.

Improving The Game: How Removing Health And Safety Protocol From Nfl Collective Bargaining Agreements Can Serve To Benefit Players And The League Altogether, Randall Lazzaro

Student Works

No abstract provided.

Paw-Blic Accommodations: Statutory Ambiguity And Inconsistency In Service Animal Protections, Mia Park

Student Works

No abstract provided.

Do Data Protection Impact Assessments Violate Free Speech? A Critical Analysis Of The Ninth Circuit’S Ruling On Caadca’S Dpia Requirements, Shannon Dove

Student Works

No abstract provided.

Cyber-Suicides: Who Is Liable?, Tanpreet Malhotra

Student Works

No abstract provided.

Beyond Hiring And Firing: The Ministerial Exception And Hostile Work Environment Claims, Emma M. Rittenhouse

Student Works

No abstract provided.