Law Commons^™

Invasives: The How Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

Invasive species are non-native organisms, existing outside of their original habitat, which may cause damage to the biodiversity in their new environment. These species often outcompete native species for resources, which can dramatically disrupt ecological balance and biodiversity. This Article first surveys existing invasive species laws, documenting the current legal frameworks that various countries use to manage invasive species. It then proposes an array of new legal approaches that may improve how human civilizations manage the complex issues surrounding invasives. Finally, it evaluates the prospects for preventing—or even rolling back—the harm invasives cause to biodiversity. The broad goal of this …

Examining The Impact Of Expert Testimony And/Or Mindfulness Training On Jurors’ Appraisals Of False Confessions, Izabela Rzaca

Student Theses

False confessions continue to be the leading cause of wrongful convictions in the United States, often because of coercive interrogation tactics (Kassin, 2008; Leo & Ofshe, 1998). Jurors frequently view confession evidence as highly persuasive, even when situations suggest it may be false (Kassin & Sukel, 1997). A confession becomes important when there are no other forms of evidence against the defendant, especially in cases where police detectives are pressured to decipher the crime (Gross, 2004). Additionally, confessions have shown to override other types of evidence when jurors make their decisions (Leo et al., 2013). To address this issue, the …

Staging An Intervention For Rogue States, Shai Dothan

North Carolina Journal of International Law

No abstract provided.

Nullification And Secession In The Eu Constitutional Order Of States, Giuseppe Martinico, Nikos Skoutaris

North Carolina Journal of International Law

No abstract provided.

The Taliban’S ‘Gender Apartheid’: The Reality Of Women In Afghanistan, Hannah Litty

North Carolina Journal of International Law

No abstract provided.

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

A History Of Security Rights In Personal Property From The Pledge To Bitcoin By Way Of Uncitral’S Universalization Of Principles, Henry Deeb Gabriel

North Carolina Journal of International Law

No abstract provided.

Negative Trading In Congress, Peter Molk, Frank Partnoy

UF Law Faculty Publications

We investigate negative trading, such as short selling, by members of Congress. We find, based on a new comprehensive dataset of trades by members of Congress, that negative trading not only is common, but also is associated with positive abnormal financial returns. Simply put, members of Congress make money when they bet on stock price drops.

In contrast, we do not find a similar association for long positions taken by members of Congress. In other words, there is an asymmetry between “positive” versus “negative” congressional trading. This asymmetry has multiple implications for public policy.

Our main message is that proposals …

Goodbye, Zoning?, Michael Allan Wolf

UF Law Faculty Publications

American zoning is under attack on multiple fronts. The concerns of zoning's many critics range from social and racial justice, to private property rights, to the extreme shortage of affordable housing, to climate-change resilience and sustainability. A growing number of voices have called for, at a minimum, the elimination of single-family zones; some even champion the abolition of this ubiquitous method of American land use regulation. This Article is the first detailed look at what would happen if zoning's critics got their way. The most efficient means for erasing zoning from American law would be for the U.S. Supreme Court …

Extralegal Factors Influencing Judicial Perceptions Of Defendants With Mental Illness, Hailey Erdbruegger

Undergraduate Honors Theses

The United States has one of the highest prison populations in the world. This means millions of individuals are either incarcerated or under other forms of supervision by the criminal justice system at any one given time. All those millions of individuals had to move through the U.S. criminal courts and thus engage with multiple forms of courtroom participants along the way. Of those millions coming through the system, many have either been diagnosed with a mental illness, or have self-reported having a mental illness. This makes the personal beliefs, stigmas, and biases of the previously mentioned courtroom participants regarding …

Customs, Courts, And Conflict: Strengthening The Legal System In South Sudan, Anusha Sheila Aubeelack

Theses, Dissertations and Culminating Projects

This thesis examines the dual legal system in South Sudan and how it can be strengthened as the country transitions to a democracy. It gives a brief historical account of the evolution of the South Sudanese legal system and the current challenges posed by overlapping normative frameworks. It argues that while customary law remains deeply embedded in South Sudanese society, its co-existence with statutory law has created jurisdictional ambiguities, inconsistencies in the delivery of justice and public mistrust in state institutions. Reforms such as the drafting of the Permanent Constitution of South Sudan to harmonize both legal traditions, the formal …

Vol. 15, No. 1, 2025: Table Of Contents, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

The Road To Hell Is Paved With Good Intentions: Patents, Pharmaceuticals, And Price Gouging, Madelyn Bird

Northern Illinois Law Review Supplement

Pharmaceutical companies are subject to monopolies of their own making in the pharmaceutical market. Legislators have tried to limit these monopolies by passing legislation in the hopes that it will lower prices. Unfortunately, these attempts to lower the costs of prescriptions have caused more issues to arise over time. When employing complex aspects of intellectual property law, such as evergreening and product hopping, there is no control exerted over pharmaceutical companies.

These monopolies in pharmaceutical markets exist because by the time generic products can enter the market, they have already become outdated. When the generics become outdated, they lose their …

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison M. Freedman

UC Law Journal

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

The U.S. Forced Labor Import Ban: A Tool For Raising Labor Standards In Supply Chains?, Jennifer Gordon

UC Law Journal

Forced labor is rampant across global supply chains. Addressing it at individual sites of production results in a game of whack-a-mole. An effective response must target the structural drivers of the problem: the large firms at the top and middle of supply chains that pressure suppliers at the bottom to cut labor costs in order to remain competitive. In the absence of other U.S. laws that address the structural causes of forced labor, this Article argues that the forced labor import ban in section 307 of the United States Tariff Act may have the potential to be utilized by civil …

Rational Judicial Review: Constitutions As Power-Sharing Agreements, Secession, And The Problem Of Dred Scott, John Yoo

UC Law Journal

Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution. Recent criticism has argued that originalism fails because it does not advance a substantive moral or political good. This paper responds to this criticism by advancing an instrumental justification for originalism. It argues that a nation may fail to make a constitution because regions with differing policy preferences may not trust each other to obey the agreement after ratification. Constitution-makers can overcome this obstacle by committing to future enforcement of the agreement by an independent judiciary. To maintain the founding …

The Rise And Fall Of The Contagious Diseases Acts: An Examination Of The Legislative Influences, Medical Discourse And Repeal Arguments, Elizabeth Henderson

All Theses

The Contagious Diseases Acts (CDA) were the most important legislative intervention concerning sexuality in the nineteenth century. The CDA was a public health measure passed to address the spread of venereal disease amongst the British Army and Navy, and targeted Britain's most vulnerable women – sex workers – because they were blamed for being the presumed cause and primary mode of spreading venereal disease. This resulted in the legalization of what critics of the CDA would call surgical assault, or instrumental rape, of working-class women suspected of being sex workers. Historians who study sexuality and sex work in Britain have …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

High Stakes, Low Barriers: The Role Of Technology And Regulation In The Rise Of Online Sports Gambling, Conner Martin

North Carolina Journal of Law & Technology

No abstract provided.

Is Your Employer Watching You?: Invasive Employee Surveillance In The Modern Era, Madigan Wolford

North Carolina Journal of Law & Technology

No abstract provided.

Special-Purpose Governments, Conor Clarke, Henry Hansmann

University of Chicago Law Review

When one thinks of government, what comes to mind are familiar generalpurpose entities like states, counties, cities, and townships. But more than half of the ninety thousand governments in the United States are strikingly different: they are “special-purpose” governments that do one thing, such as supply water, fight fire, or pick up the trash. These entities have expanded far more rapidly than any other form of government. Yet they remain understudied, and they present at least two puzzles. First, special-purpose governments are difficult to distinguish from entities that are typically regarded as business organizations—such as consumer cooperatives—and thus underscore the …

Noisy Factors In Law, Adriana Z. Robertson, Pat Akey, Mikhail Simutin

University of Chicago Law Review

For years, academic experts have championed the widespread adoption of the “Fama-French” factors in legal settings. Factor models are commonly used to perform valuations, performance evaluations, and event studies across a wide variety of contexts, many of which rely on data provided by Professor Kenneth French. Yet these data are beset by a problem that the experts themselves did not understand: In a companion article, we documented widespread retroactive changes to French’s factor data. These changes are the result of discretionary changes to the construction of the factors, and they materially affect a broad range of estimates.

In this Article, …

The Holistic Theory Of Precedent, Charles F. Capps

University of Chicago Law Review

Standard theories of precedent limit the legal effect of a precedent to cases within the scope of its holding. Yet the widespread use of analogies to precedent in legal reasoning presupposes that precedents have legal implications for cases outside the scope of their holdings. This Article suggests that arguments from analogy to precedent have the currency they do in our legal system because respect for a precedent requires more than treating the precedent’s holding as true: It also requires the judge, for purposes of deciding the case, to update her other beliefs around the assumption that the precedent’s holding is …

Ideological Testing, Renagh O’Leary

North Carolina Law Review

No abstract provided.

What Is A Jury?, Wanling Su, Rahul Goravara

North Carolina Law Review

No abstract provided.

Nonbanks And The Social Contract, Lindsay Sain Jones

North Carolina Law Review

No abstract provided.

The Decline Of Corum Claims: How Washington V. Cline Limited Constitutional Protection For State Infringement Of The Speedy Trial Right, Mary Anneliese Childs

North Carolina Law Review

No abstract provided.

Elderly & Incarcerated In North Carolina, Juliana Whittington

North Carolina Law Review

No abstract provided.

Understanding The Mechanisms Of Interpretive Change, Aaron-Andrew P. Bruhl

North Carolina Law Review

No abstract provided.

Every Law School Should Have A Poet, Susan Ayres

Faculty Scholarship

This is an imaginative work that explores gaslighting in the workplace.