Law Commons^™

The Scope Of The Subchapter V Corporate Debtor’S “Fresh Start”: The Eleventh Circuit Is Poised To Weigh In, Robert J. Landry, Iii

University of Miami Law Review

The fifth anniversary of the effective date of The Small Business Reorganization Act of 2019 (SBRA) was February 19, 2025. This is a significant milestone in bankruptcy law as SBRA represents the most significant reform to Chapter 11 since the enactment of the Bankruptcy Code in 1978. SBRA created Subchapter V— a new tool for small businesses to rescue such businesses in financial distress. A significant body of caselaw has developed on a host of legal issues arising under SBRA over the last five years. One area that is evolving pertains to the scope of discharge available to small business …

What’S In A Name? How The Eleventh Circuit Ignored The Fourth Amendment To Hold That A Warrant For One Person Authorizes The Detention Of Others, Jared Mcclain, Dylan Moore

University of Miami Law Review

Odds are, your name isn’t all that unique. Most people share the same first and last name with hundreds, if not thousands, of other Americans. The frequency with which people share a name raises an important question of civil rights: What happens when officers arrest and detain an innocent person based on an arrest warrant that was issued for someone else with the same name?

In the Eleventh Circuit, the answer is almost always “nothing.” So long as a mistaken detention lasts three days or fewer, officers are free from accountability for apprehending the innocent—even if those officers have good …

Erie Mistakes: The Eleventh Circuit Misconstrues Already Problematic Georgia Precedent On Choice Of Law, Jeffrey A. Van Detta

University of Miami Law Review

This Article explores the Eleventh Circuit’s precedent that has struggled with an unusual Georgia choice-of-law rule. The rule in question applies when the conflicting law of a sister state is a common law rule or doctrine (such as in tort or contract law) rather than a specific statute and has been a feature of Georgia law since the 19th century. The approach has lingered in scattered Georgia and related federal cases over many decades but was not given much attention in modern times until the Georgia Supreme Court decided to reaffirm and amplify it unanimously and defiantly in Coon v. …

The Legal Acrobatics Of Dealing With International Arbitral Awards Rendered In The United States, Damon R. Duchenne

University of Miami Law Review

International arbitration has become a preferred method for resolving cross-border commercial disputes, largely due to its efficiency and flexibility compared to traditional court litigation. However, the post-award phase, particularly the process of vacating or enforcing arbitral awards, presents significant complexities, especially in the United States. Despite the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) guiding the international recognition and enforcement of arbitral awards, the U.S. has introduced an anomaly by categorizing certain awards rendered within its jurisdiction as “nondomestic,” subjecting them to the Convention’s framework. This has led to confusion regarding whether such awards are …

(The Lack Of) Fan Fiction Litigation: Why Do Creators Refrain From Suit?, Channah Klapper

Northwestern Journal of Technology and Intellectual Property

This Note explores the status of contemporary fan fiction under United States copyright law. It begins by tracing the historical development of fan fiction and then examines fan fiction’s legal treatment in the internet age, with a focus on the potential application of the fair use doctrine. It surveys relevant case law and considers the notable absence of litigation by content creators against fan fiction authors. Finally, it offers a number of possible explanations for this reluctance to pursue legal action.

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

The Need For A New Sexual Assault Charge In The Texas Penal Code For Victims Of Intimate Partner Sexual Assault, Brianna Hollien Ruiz

St. Mary's Law Journal

No abstract provided.

Cardozo Law News Brief: May 9, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the May 9, 2025 Cardozo Law News Brief include:

• Professor Britta Redwood was selected for the 2025 Harvard/Stanford/Yale Junior Faculty Forum.

• Alumnus Jaime Leggett ’10 appeared on the SPARKS podcast to discuss his legal career.

• Professor Peter Markowitz was quoted in The New York Times on immigration enforcement.

• Professor Jessica Roth appeared on CNN to discuss jury selection in the Diddy trial.

• Other faculty news includes speaking events and editorial work by Professors Codrington, Zelinsky, and Drucker-Albert.

How Well Do Sinkler And Hopson Float?: Vital Operations, Nondelegable Duties, And Agency In Fela And Jones Act Cases, Thomas Galligan Jr., Andrew Hughes

St. Mary's Law Journal

No abstract provided.

In Praise Of Attainder, Nathan Ristuccia

St. Mary's Law Journal

No abstract provided.

Differences In Treatment Regarding Affirmative Action And Legacy Admissions, Vanesa Chavez

St. Mary's Law Journal

No abstract provided.

Normative Contestation In The International Order: Is China Remaking Global Governance?, Kal Raustiala

International Law Studies

This essay explores China’s approach to global order. China’s remarkable rise has coincided with increasing engagement with the institutions of global governance. These institutions—in particular the United Nations—make up the core of what U.S. leaders have often referred to as the liberal world order or the rules-based order. Many U.S. officials see China as a deep threat intent on challenging, and perhaps even seeking to replace, this rules-based order. This essay, however, makes the case that China’s near-term goals for global governance appear more modest. Much of China’s behavior within institutions such as the UN suggests that what it seeks …

Journal Staff

Duke Law Journal

No abstract provided.

Towards A Human Rights-Based Approach To Energy Transition In Africa, Oyeniyi Abe

Pacific Faculty Work

African countries have increasingly emphasized adopting lower carbon, more efficient and environmentally responsible energy systems. Despite these efforts, little progress has been made in addressing the adverse human rights impacts of energy transition programs and projects, and the responsibilities of extractive sector corporations and operators. Existing legal and institutional frameworks supporting human rights face hindrances in adapting to local contexts to pursue clean energy transition and energy justice. Through the lens of community engagement, gender equality and other rights-based approaches, this article argues that socially excluding vulnerable groups in accessing energy markets is primarily a function of consolidating energy delivery …

Differing Judicial Perspectives: A Look Into The Evolution And Constitutionality Of The United States' Administrative State, Buchanan Albert Cook

Honors Theses

Over time the United States’ administrative state has evolved into something that is quite unrecognizable from its inception in the early years of the nation. This essay will provide an account of the founding of the United States Constitution while recognizing the intent and design of the framers of the Constitution. In juxtapositioning this account with the current state of administrative agencies, questions over the constitutionality of such agencies will be posed. To answer these questions, an overview of the history of administrative agencies in the United States will be given alongside accompanying and significant Supreme Court Cases. This overview …

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Northwestern Journal of Technology and Intellectual Property

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …

Who Holds The Hammer? A Private Ordering Framework As The Key To Carpenter’S Privacy Puzzle, Matthew Green

Northwestern Journal of Technology and Intellectual Property

This Note builds on the Supreme Court’s reasoning in Carpenter v. United States, suggesting that its technology-specific approach may be insufficiently elastic to address the complexities of modern data privacy. Through an analysis of several exemplars, this Note advocates for a private ordering framework—where data collectors respond to consumer expectations of privacy through self-regulating practices—as a more adaptive and effective means of safeguarding digital privacy. This approach preserves the third-party doctrine while reducing the burden on courts to draw technological boundaries in a rapidly evolving digital environment.

Towards A Regulatory Theory Of Platform Rule: Corporate “Sovereignty” Through Immunities, Uta Kohl

St. Mary's Law Journal

No abstract provided.

Asegurar La Frontera: Expansion Of Governor Greg Abbott’S Powers Over Border Security, Marshall B. Lloyd

St. Mary's Law Journal

No abstract provided.

Jarkesy’S Stakes For The Sec, James Fallows Tierney

Duke Law Journal

This Article examines the implications of the Supreme Court’s decision in SEC v. Jarkesy for the Securities and Exchange Commission (“SEC” or “Commission”). In Jarkesy, the Court held that Congress cannot assign the adjudication of securities antifraud violations seeking civil penalties to an administrative agency without a jury trial, for such punitive actions involve “private rights.” Although this ruling might suggest a reduction in SEC enforcement actions due to the higher costs of federal jury trials, the SEC had already adjusted its practices following Lucia v. SEC in 2018. The Commission shifted away from using administrative law judges for civil …

Presidential Administration And The Accountability Illusion, Brian D. Feinstein

Duke Law Journal

For over a decade, the Supreme Court has upended executive-branch structures that insulated administrative agencies from the White House. Judges and scholars justify this project in part by claiming that presidential control over administration boosts agencies’ accountability to the American people. Yet, despite the importance of “the people” as this endeavor’s asserted beneficiaries, public attitudes concerning this foundational claim are unknown. This Article puts this claimed connection to the test. Grounded in a set of novel experiments involving over five thousand participants, it presents the first evidence of Americans’ views regarding whether greater presidential authority over agencies enhances accountability to …

Flips And Splits In Administrative Law, Daniel J. Hemel

Duke Law Journal

In Loper Bright Enterprises v. Raimondo, the Supreme Court discarded the four decades old Chevron deference regime and circumscribed the authority of federal agencies to choose among multiple interpretations of ambiguous statutes. In justifying its ruling, the Loper Bright majority argued that Chevron deference had generated unnecessary regulatory uncertainty by allowing agencies to switch from one interpretation of an ambiguous statute to another. In this respect, Loper Bright marks a move toward temporal uniformity in federal law: Once the courts recognize a certain reading of a statute as “best,” that reading will reign under Loper Bright unless and until Congress …

Scientific And Technical Expertise After Loper Bright, Sapna Kumar

Duke Law Journal

Courts once trusted federal agencies for their expertise in administering complex statutory schemes, particularly regarding science and technology. Unlike judges, agency officials can narrowly focus on a specific area of law and have access to experts to inform their decision making. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court created a presumption that, absent language to the contrary, Congress intends for agencies to interpret statutory ambiguities. Chevron allowed agencies to utilize their varied forms of expertise while ensuring oversight from generalist judges. This court–agency partnership abruptly ended, however, in Loper Bright Enterprises v. Raimondo. The Court …

Our Marbury: Loper Bright And The Administrative State, Cass R. Sunstein

Duke Law Journal

Loper Bright, overruling Chevron, is unmistakably part of administrative law’s current “Grand Narrative,” which sees contemporary administrative agencies with suspicion, as a product of successive breaches of Article I, II, and III of the Constitution. The decision should be seen as our Marbury v. Madison—an effort to insist that it is emphatically the province and duty of the judicial department to say what the law is. But will the decision produce large changes? The answer depends, of course, on the meaning of both Chevron and Loper Bright. Under Chevron, courts hardly gave a blank check to agencies; on the contrary, …

Law Library Blog (April 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law, Kathleen Macandrew, Erin Orsini

Law Library Newsletters/Blog

No abstract provided.

Antiracist Development Institute Workshop At Rwu School Of Law May 5, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Frankel: Law Of Seashore, Waters And Water Courses: Maine And Massachusetts, Harriet Putnam Henry

Maine Law Review

The advance announcement of Law of Seashore, Waters and Water Courses: Maine and Massachusetts served to arouse a sense of anticipation among practitioners in Maine. The brochure foretold of a thorough analysis of the relationship of the colonial ordinances to the law pertaining to the land-sea interface, rivers, and great ponds. The book was described as "An Exhaustive Handbook on Water Rights in Maine and Massachusetts . . . valuable for lawyers, public officials and property owners." In the Frankel book, realization fell far short of anticipation.

State Right To Appeal: Has Maine Been Too Cautious?, David J. Corson

Maine Law Review

The Legislature of the State of Maine recently passed an act relating to appeals by the State on questions of law in criminal cases. The Governor's approval of the act on January 29, 1968, was the culmination of some three years of research and debate. The purpose of this comment is to examine the form and scope of the act in light of the continuing controversy in other jurisdictions over the conflict of interests between the people and the accused in what may be characterized as a trend toward more comprehensive state appeal laws, to the end of concluding whether …

How Post Is Post-Conviction Relief In Maine?, Charles L. Cragin Iii

Maine Law Review

In a recent case the Maine Supreme Judicial Court delineated the prerequisites for relief under Maine's post-conviction relief statute. The court declared that actual or constructive custody is necessary for relief. In Thoresen v. State, petitioner was convicted of a felony in Maine in 1959. He had been represented by retained counsel, and had elected to plead guilty to an information charging him with grand larceny. His sentence was suspended by probation and he was permitted to leave the state. Formally complying with all the regulations of his probation, he was given a total discharge in 1961. In 1967, he …

The Coast Guard: Always Ready, Sometimes Careful, Edward D. Leonard Iii

Maine Law Review

The government presently is liable for the negligent conduct of the Coast Guard. Why and how such liability arises is the subject of this comment. In considering this subject three central questions are presented: First, whether the various acts abrogating the sovereign immunity of the federal government have been correctly applied to the Coast Guard; second, assuming that sovereign immunity has been waived, the extent of the duty owed by the Coast Guard to persons in distress; and third, after a finding of liability, the effect of the statutory extension of the admiralty doctrine of limitation of liability upon damage …