Law Commons^™

United States: Rhode Island Limited Bank Holiday, 1991, Ayodeji George, Sophia Alden

Journal of Financial Crises

In 1990, the Rhode Island Share and Deposit Indemnity Corporation (RISDIC) was a private mutual deposit insurance corporation funded by member institutions. Late that year, after the failures of two of its insured institutions in July and October, other RISDIC member institutions faced large depositor withdrawals, as concerns began to focus on the financial health of RISDIC itself. RISDIC had maintained inadequate reserves, and on December 31, 1990, it found itself lacking the resources to cover depositor withdrawals from member institutions. RISDIC leadership requested a state-appointed conservator, which meant that all its member institutions no longer had the deposit insurance …

United States: National Bank Holiday, 1933, Ayodeji George

Journal of Financial Crises

By mid-February 1933, the United States was in the depths of the Great Depression and the banking system faced sustained depositor runs and currency hoarding. On February 14, the governor of Michigan declared a holiday for all banks and trusts in the state. There followed a wave of declared bank holidays and bank runs across the country. The public withdrew $1.8 billion in gold and currency from banks in February and early March, with nearly two-thirds of those withdrawals occurring in the week ended Friday, March 3. By that date, 25 of 48 states had implemented bank holidays or restricted …

A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali

Theses and Dissertations

This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …

Brazil And The United States: The Historical Evolution Of Civil Vs. Common Law Systems, Gabriella Figueiredo Borges

Florida Atlantic University Undergraduate Law Journal

The legal systems of Brazil and the United States have developed from unique historical and cultural backgrounds. Brazil’s legal framework is rooted in civil law principles brought by its Portuguese colonizers, focusing on codification and legal certainty. In comparison, the U.S. system emerged from English common law, prioritizing precedent and judicial interpretation. This paper explores how colonial influences, independence movements, and constitutional reforms specifically shaped the civil and common law frameworks in both countries. By drawing on primary legal texts, historical records, and scholarly analyses, this research examines how these events influenced the evolution of each system. Additionally, this paper …

Vaccination Mandates And Civil Liberties, Sophia Choti

Florida Atlantic University Undergraduate Law Journal

Vaccination mandates in the United States sit at the crossroads of public health and individual freedoms, a complex and often controversial intersection. The enforcement of immunization policies has a long history of legal and ethical scrutiny, balancing the state's responsibility to protect its citizens with the constitutional rights individuals hold dear. The COVID-19 pandemic reignited this debate, amplifying existing tensions and presenting new challenges. This analysis argues that while vaccination mandates are constitutionally valid and essential for safeguarding public health, they must be designed with care to respect individual liberties and address modern challenges such as misinformation, inequities, and public …

Systemic Barriers To Voting Rights For Minorities: Gerrymandering And Voter Id Laws, Kalela Leonard

Florida Atlantic University Undergraduate Law Journal

Since 1870, the struggle for voting accessibility has been an ongoing challenge for marginalized communities in the United States. Despite the Voting Rights Act of 1965, systemic barriers limit minority participation in elections and influence their political representation. Modern systemic barriers refer to institutional practices and policies that hinder equal access to resources, rights, and opportunities. These barriers typically disproportionately impact minority groups. Furthermore, recent U.S. Supreme Court decisions and legislative policies have led to an examination of how modern obstacles—such as gerrymandering and voter identification laws—lead to discriminatory burdens on marginalized groups. These practices differ from tactics such as …

Examining The Legal And Educational Implications Of School Resource Officers In Education, Tanvi Desai

Florida Atlantic University Undergraduate Law Journal

Predominantly serving the youth in schools, some states across the United States have implemented full-time sworn law enforcement officers, known as School Resource Officers (SROs), who are specially and specifically trained to promote safety within schools. Succeeding an increase in concern surrounding the juvenile justice system and juvenile crime, funding for school-based law enforcement programs has increased in conjunction, allowing for over 45% of public schools in the country to have implemented SROs within their walls. However, concerns surrounding the excessive use of force surrounding SROs have instigated debates regarding the necessity of a police presence on campus, as instances …

Reexamining The Second Amendment: The Impact Of Police Militarization On Civilian Gun Ownership, Merin Ajith

Florida Atlantic University Undergraduate Law Journal

The increasing militarization of police forces in the United States contains profound implications on citizens’ Second Amendment rights, specifically concerning the ownership of weapons capable of mass violence. The original intent of the Second Amendment was not only to guarantee self-defense but also to safeguard citizens’ ability to resist a potentially tyrannical government. As police forces acquire military grade weaponry, some argue that civilians should have access to similar arms to maintain the balance of power between the state and its citizens, as outlined by the purpose of the Second Amendment. The historic use of violent police force to suppress …

The Equal Rights Amendment: The 28th Amendment To The U.S. Constitution, Twiss Butler, Patrick Butler

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews how Supreme Court interpretations of the 14^th Amendment have allowed laws to discriminate against women. It aims to show that the Equal Rights Amendment, ratified as the 28^th Amendment in 2020, offers a constitutional basis for eliminating all forms of legal sex discrimination against women. These forms include discrimination based on pregnancy and abortion, commodifying women’s bodies, and allowing men to intrude into women’s protected spaces. The review starts with the denial of protection for women by America’s Declaration of Independence in 1776, denounces the Supreme Court’s precedent-setting 1974 Geduldig decision, which ruled—quite illogically—that discrimination …

Menstrual Math: The Price Of Bleeding, Gabrielle Langston

Dissertations, Theses, and Capstone Projects

This project examines the landscape of menstrual equity in the United States through a data storytelling lens, focusing on state-level policies regarding taxation and access to menstrual products. The analysis explores which states impose sales tax on menstrual products, if state schools provide free menstrual products, and which states ensure access for incarcerated individuals using publicly available datasets from advocacy groups. Additionally, there is an investigation into potential correlations between the gender wage gap and states that tax menstrual products, shedding light on economic and policy disparities.

Through its data visualizations, this project aims to provide a clear, although not …

Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan

Doctoral Dissertations and Projects

The purpose of this dissertation is to explore the problem of unresponsive law enforcement faced by legitimate victims of harassment and stalking in the United States and to ultimately develop recommendations to address the problem. A mixed method was used in which qualitative and quantitative data was gathered and analyzed. For this dissertation, a mixed method was applied using interviews, focus group discussions, and surveys to gather data among victims of harassment and stalking. The participants were recruited using convenience sampling in which victims of harassment and stalking were selected from relevant organizations, such as support services. A total of …

Meeting Mandates In A New Labour Federalism: Opportunities And Challenges, Jake Barnes, Hana Shepherd, Janice Fine

Comparative Labor Law & Policy Journal

Worker advocates seeking to affect labour policy change in the United States have shifted their attention and energy to states and localities in a move that has been called the “new labour federalism.” new labour federalism has broadened the scope of public worker protections, while also making the enforcement of those protections even more necessary. In this article, we draw on interviews with agencies and advocates, analysis of agency enforcement data, violation estimates, and publicly available information to understand better how federalism has created both opportunities and challenges for workers, employers, and agencies tasked with enforcing employment standards. We contextualise …

Whither Leviathan? The Seepage Of Constitutional Law Into Public-Private Arbitration In The United States, Peter B. Rutledge

Scholarly Works

The chapter analyses how constitutional law influences private-public arbitration in the United States. Its central thesis is that constitutional law exerts a powerful indirect influence on arbitration law. While the US Constitution does not directly regulate arbitration, its underlying norms—such as separation of powers, federalism, and individual rights—impact arbitration law indirectly. The chapter explores the ways in which these constitutional principles influence public-private arbitration through statutory interpretation, treaty design, and private protocols reflecting constitutional norms. This pattern of influence manifests itself in public arbitration (i.e. arbitration involving states or state-owned entities) just as it does in private arbitration. Highlighting how …

“Everybody Else Seems To Be Able To Get Help”: Rural Regulation, Access Loss, And Antigovernment Sentiment, Jennifer Sherman

West Virginia Law Review

This Essay draws upon two decades of the author’s research on rural United States communities to explicate ways in which the regulatory state has intervened in rural areas and economies, often with the claim of protecting land, natural resources, and/or wildlife. The outcomes are frequently disastrous for the human populations of those communities and generally are not planned for or mitigated by policy. The Essay argues that rural distrust of and aversion to government oversight is not caused primarily by ideological or cultural stances, but rather is an outcome of experiences of abandonment by the agencies that are meant to …

The Lost English Roots Of Notice-And-Comment Rulemaking, Rephael G. Stern

Faculty Scholarship

Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the 1946 Administrative Procedure Act’s “most important idea.” But its historical origins are obscure. Scholars have variously suggested that it grew out of the constitutionally sanctioned practice of congressional petitioning, organically developed from the practices of nineteenth-century agencies, or was influenced by German conceptions of administrative rulemaking. These histories, however, are incomplete. Using original archival research, this Article demonstrates that notice-and-comment rulemaking was the product of a series of American transplantations of English rulemaking procedures that developed in the late nineteenth …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Fetal Personhood And Access To Reproductive Rights: Power And Precarity In Post-Roe America, Jainab Banu

Journal of International Women's Studies

This paper delves into the concept of “fetal personhood” and dissects how lawmakers systematically deploy rhetorical agency in policy to draw demarcating lines between demographic groups in post-Roe America. After abortion was legalized in 1973, the number of women opting for abortion rose significantly. Even after legalization, however, underrepresented and marginalized women struggled to access safe and high-quality healthcare, and many of them risked self-induced abortions. Since Roe v. Wade was overturned in 2022, women with financial affluence can still travel to states where abortion is not banned to access their reproductive rights; however, women with low income may not …

Representing Climate Wreckers, Camila Bustos

Elisabeth Haub School of Law Faculty Publications

In recent years, lawyers have become increasingly aware of the implications of the climate crisis for legal practice. Amidst this context, United Nations Secretary General Ant6nio Guterres has urged recent graduates to decline work on behalf of "climate wreckers." This Article examines how professional responsibility rules and principles in the United States should be interpreted on a warming planet, particularly in the context of attorneys representing so-called "climate wreckers" in civil matters. I use the term "climate wrecker" to refer to fossil fuel corporations and trade associations that have engaged in public disinformation campaigns to stall climate action and sow …

Abundance And Other Food Fixations, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Although most people in the United States no longer devote the majority of their time to food production, processing, and distribution, food remains a daily fixation. This Article explores three driving food fixations--abundance, thinness, and health--and situates each against an inverse fear--scarcity, fatness, and illness, respectively. Mapping these threats onto U.S. food policy, this Article examines, among other policy arenas, food waste policy, nutrition and health claim labeling law, and food additive regulations. Across food policy, these fixations feed what this Article calls the “politics of abundance.” This politics helps to insulate the food industry from deeper systemic reform aimed …

Cronyism In Creating Chronic Disease—A Path To Food Justice, Martha Leonard

St. Thomas Law Review

Central to this discussion is a quote often attributed to the ancient Greek physician Hippocrates: “Let food be thy medicine, and medicine be thy food.” Today, physicians recognize the crucial role of diet in maintaining good health and preventing chronic disease, but U.S. laws fail to reflect this understanding. The health field has seen significant progress in scientific research on pathology; however, nutritional research presents a challenging and contradictory landscape. Corporate influence in scientific research leads to a lack of consensus on the most optimal diet for promoting general health, presenting a challenge for policymaking. The dark reality is that …

The New World's Pandemic: Sexual Exploitation In The Digital Age, Rocio Iglesias Gonzalez

St. Thomas Law Review

Mary is a fifteen-year-old who is excited about starting her sophomore year of high school. Unbeknownst to Mary, George, a classmate whose romantic advances Mary had rejected, created a sexually explicit image generated by artificial intelligence, most commonly known as a deepfake, of Mary and started sending it to other classmates. Once Mary discovered the deepfaked pictures, she and her parents sought legal advice on available remedies. Unfortunately, Mary lives in Nevada, a state that has no legislation addressing the issue of nonconsensual sexually explicit deepfakes. Similarly, at the federal level, Mary has no course of action against her offender. …

No Remedy For Colonization, Sigrid Vendrell-Polanco

Faculty Articles

The United States purports to maintain a democratic relationship with its inhabited territories, yet the Supreme Court continues to uphold twentieth century laws that affirm rather than abrogate colonial policies. The gap between how the United States idealizes democracy and its real world application, especially in its five colonized territories (Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa), is not just growing—it is becoming a chasm. These colonies are currently referred to as United States territories. In 2023, the U.S. territory of Puerto Rico experienced a controversial sovereignty challenge surrounding the …

A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers

Saint Louis University Law Journal

Third-Party Litigation Funding (“TPLF”), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff’s pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent-fee agreement, this type of funding model enables a party to bring a lawsuit even if that party does not have the resources to pay the up-front costs of the litigation. The important difference is that the litigation funder is not counsel to a party in the case, and that TPLF …

Choice Of Law In The American Courts In 2024: Thirty-Eighth Annual Survey, John F. Coyle, William S. Dodge, Aaron D. Simowitz

GW Law Faculty Publications & Other Works

This is the Thirty-Eighth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains to inform, rather than to advocate. This Survey covers cases decided by American state and federal appellate courts during 2024.

The Legality Of Nuclear-Weapons Sharing Arrangements Under International Law: United States-Nato And Russia-Belarus, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Essay argues that certain nuclear sharing agreements between nuclear and non-nuclear powers are legal under the Nuclear Non-Proliferation Treaty. This topic is highly important as Russia has announced its stationing of nuclear weapons in Belarus and Belarus has signaled its intent to use them.

Unflexed Muscle: Sec Enforcement And Officer Sox 302 Certifications, Marc I. Steinberg, A.B. Steinberg

Faculty Journal Articles and Book Chapters

This article represents the first work to analyze the Securities and Exchange Commission’s neglect in its enforcement of the chief executive officer (CEO) and chief financial officer (CFO) Sarbanes-Oxley certification requirement. The article addresses the appropriate construction of the statute’s reach, the enforcement proceedings instituted by the SEC under this provision, and the Commission’s failure to fulfill its legislative directive to enforce this statute and Rule 13a-14 promulgated thereunder. In its implementation of the CEO and CFO certification requirement, the SEC has brought relatively few enforcement actions during over a two-decade period. Its enforcement with respect to CEOs and CFOs …

Internal Or External: An Exploration Of The United States Police Chief Hiring Process, Kayleigh Walker

Williams Honors College, Honors Research Projects

This paper explores the hiring processes of police chiefs across the United States, focusing on internal versus external hiring practices. The goal of this research was to identify common trends, legislative barriers, and the impact of leadership on the hiring process through historical context, legal analysis, and case studies. The findings suggest that internal hires dominate chief appointments, though external hires are often sought during crises. The paper concludes with recommendations for future research and highlights the need to more fully understand this phenomenon. Understanding the processes and limitations surrounding the appointment of new leadership is critical to reform and …

Copyright And Artificial Intelligence, Part 2: Copyrightability

Copyright, Fair Use, Scholarly Communication, etc.

This report by the United States Copyright Office addresses the legal and policy issues related to artificial intelligence (AI) and copyright as outlined in the Office’s August 2023 Notice of Inquiry (NOI).

The report will be published in several parts each one addressing a different topic. This part addresses the copyrightability of works created using generative AI. The first part, published in 2024, addresses the topic of digital replicas—the use of digital technology to realistically replicate an individual’s voice or appearance. A subsequent part will turn to the training of AI models on copyrighted works, licensing considerations, and allocation of …

Parameters Winter 2024-25, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2024–25 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific, Security Cooperation, and Historical Studies), and the regular Civil-Military Relations Corner installment.

A Field Guide To Teaching Agency And Ethics: The West Wing And American Foreign Policy, Kayce Mobley, Sarah Fisher

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Though political science undergraduate courses reflect a rich theoretical tradition, they typically lack opportunities for students to express intangible concepts through the interpretation of creative works, a standard exercise of critical analysis. Educators can address this dearth in many ways, such as through utilization of popular culture texts. We employ the television series The West Wing to ground debates in American politics, specifically American foreign policy. Although this show has been on air since 2006, Netflix and Amazon have recently released the entire series for streaming, significantly reducing the hassle and monetary cost of using this source in the classroom. …