Law Commons^™

The Enduring Genocide Against The Yazidis: How Iraq's Law On Religious Identity Violates The Human Rights Of Yazidi Survivors Of Isis Captivity And Their Children Born Of Sexual Violence, Michelle Xiao Liu

Northwestern Journal of Human Rights

2024 marked the ten-year anniversary of the Islamic State of Iraq and Syria (ISIS) genocide against the Yazidis—an ethnoreligious minority community indigenous to northwest Iraq. Beginning in August 2014, ISIS executed between 3,000 and 5,000 Yazidi men and elderly Yazidi women and buried them in mass graves, kidnapped and converted young Yazidi boys to a radical form of Sunni Islam and pressed them into military service, and captured or trafficked over 6,800 Yazidi women and children, subjecting many of them to sexual violence. ISIS carried out its intent to eradicate the Yazidis through systematic murder, forced conversion, and sexual violence …

Jarkesy, The Seventh Amendment, And Tax Penalties, Steve R. Johnson

University of Miami Law Review

In 2024, in the Jarkesy case, a divided Supreme Court held unconstitutional a provision of the Dodd-Frank Act that allowed the SEC to assert securities law anti-fraud penalties through administrative proceedings subject to judicial review. The Jarkesy majority concluded that the invalidated procedure violated the Seventh Amendment’s guarantee of jury trial in some civil cases.

The dissent predicted that the reasoning of Jarkesy could be applied outside of the securities law area, putting hundreds of other statutes at peril of constitutional invalidation. This Article examines one such possible “spillover.” The Article explores whether Jarkesy threatens the current procedures by which …

Standard Search Logic Under Article 9: The Florida Debacle Revisited, Kenneth C. Kettering

University of Miami Law Review

If a financing statement is filed in a filing office that does not have a search system that uses a standard search logic, Article 9 of the Uniform Commercial Code provides that there is no tolerance for any error, however slight, in the debtor’s name shown on that financing statement. Such an erroneous financing statement will not be effective to perfect a security interest. In 2012 the author warned that the search system used by Florida’s central filing office lacks a standard search logic, and in 2022 the Florida Supreme Court so held. This Article (i) details how Florida should …

Beware Of The Dangers Of The State-Created Danger Doctrine: A Look At The Ninth Circuit's Approach, Julia Steiner

University of Miami Law Review

The Fourteenth Amendment applies to state, not private, actors. It, like the whole of our Constitution, operates as a negative restraint on government. The Due Process Clause thus forbids states from taking certain action—but it does not and cannot compel the state to act ab initio. These core concepts formed the basis of the Supreme Court’s decision in DeShaney v. Winnebago County, where the Court reaffirmed that the only instance where the state assumes an affirmative duty to provide safety and security is when the state itself restrains an individual from protecting themselves.

Yet, since DeShaney, the circuit …

Melissa Benton, Et. Al, V. Lynn Linnane, Et. Al., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah

University of Miami Law Review

More than a dozen years have passed since the U.S. Supreme Court decided that federal preemption protects manufacturers of generic (but not brand-name) drugs from most types of products liability claims. This seemingly arbitrary distinction sprang from a peculiarity in the regulations of the U.S. Food and Drug Administration (FDA). That agency soon thereafter proposed to modify its rules in order to eliminate this asymmetry in how the implied preemption defense worked to bar inadequate warning claims, but its effort ultimately failed, while lower courts have confronted some creative efforts to circumvent the special protection enjoyed by generic drug manufacturers. …

Masthead

University of Miami Law Review

No abstract provided.

Dean Melanie Leslie’S Office Hors On The Trump Administration's Immigration Enforcement Tactics, Melanie Leslie, Lindsay Nash

2025 Event Invitations

Join Dean Leslie and Professor Lindsay Nash to discuss the immigration enforcement tactics of President Trump’s second term. Topics will include the intersection between immigration enforcement and political speech, the administration’s expansion of summary removal processes, the administration’s use of the Alien Enemies Act, and the administration’s recission of longstanding rules placing important constraints on immigration enforcement. The two will also answer questions raised by the student attendees.

Justice, Human Rights, And The New Charisma Of Anti-Democratic Ideologies, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy, Matthias Mahlmann

2025 Event Invitations

Democracies are under pressure worldwide – externally by authoritarian states and internally by political forces that spread anti-democratic ideologies even if masked by avowed concern for the people. While reasons are intensely debated, this talk critically revisits explanations for the charisma of post-democratic ideologies by (1) investigating normative foundations of the exacting and fragile project of democracy and its relation to human rights and (2) discussing human rights theory in times of widespread human rights skepticism and its meaning for crises of democracy. How can we defend the project of democracy in theory and practice?

Comparing Freedom Of Speech In The United States And Germany, Simon Morgenstern

Cardozo International & Comparative Law Review (CICLR) Blog

A citizen’s freedom of speech is a fundamental right that is guaranteed by most democracies around the world. In fact, some estimates have it that free speech is a right in almost 165 countries across the globe. While the ideal is one shared by most, the application of the right to real life situations differs amongst countries. Some countries have a broader understanding of the right while others offer a more limited approach. This blog post will compare and analyze the approach taken by the United States and Germany to free speech, specifically with regards to their attitude towards “hate …

Trauma-Transformed Law: The Why And How Of Trauma-Informed Care (Tic) Practice, Kukin Program For Conflict Resolution, Laura Mcguire

2025 Event Invitations

From intake to deposition, mediation, and trial, legal clients are traversing one of the most re-traumatizing experiences of their lives when they decide to seek justice. Understanding how to address this from a personal and systems theory approach benefits survivors and attorneys alike, increasing client satisfaction, referrals, retention, and preventing longitudinal burnout. In this presentation, Dr. Laura McGuire, creator of the Certified Trauma-Informed ® Legal Professional program, will highlight some of the key areas of TIC in practice and offer additional insight into real-world application.

Cardozo Aelj’S Spring 2025 Symposium Delves Into The Implications Of Artificial Intelligence On Copyright Law And Publicity Rights, Cardozo Arts & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Arts and Entertainment Law Journal is pleased to present the 2025 Arts and Entertainment Law Journal Symposium: Fake It Till You Make It?: Striking the Right Balance Between Innovation, Publicity Rights, and Copyright. This event will bring together leading scholars and industry experts to explore the legal challenges posted by AI-generated voices, deepfake performances, and digital replicas.

"Fighting Words" And The First Amendment In Maine: State V. John W., Deborah J. Ross

Maine Law Review

On April 1, 1979, John W. was driving his car, accompanied by his sister Maria. The car was stopped by a police officer who requested John's license and registration. Maria asked the officer why they had been stopped. When the officer remained silent, Maria became abusive and was arrested for disorderly conduct. John demanded to know what was going on. Ordered to get back into his car, John began shouting at the police: "Hey, turn around and come back here;" "Hey, you fucking pig, you fuckin' kangaroo;" "Fuck you." John was arrested and convicted in a juvenile proceeding of disorderly …

Developments In The News Media Privilege: The Qualified Constitutional Approach Becoming Common Law, Lawerence J. Mullen

Maine Law Review

In late 1977 and early 1978, the Boston Globe published a series of articles about a Delaware corporation engaged in building fiberglass boats in New Hampshire. The articles reported a number of allegedly serious defects in the boats, some of which may have contributed to sinkings. Critical comments of boat owners, surveyors, Coast Guard officers, company employees and a repairman were included. The builder was given an opportunity to respond in part of one article. Provoked by this quotidien instance of investigative journalism, the boat builder brought a libel action against the Globe in federal district court. The boat builder's …

The Constitutional Law Of Defamation—Recent Developments And Suggested State Court Responses, Susan Gail Shorey

Maine Law Review

Prior to the 1964 decision in New York Times Co. v. Sullivan, defamation law in the United States was controlled by common law principles developed in the state courts. In New York Times the United States Supreme Court staked out an area of first amendment privilege, which limited the states' power to permit recovery in defamation actions brought by public officials. Later extensions of this constitutional privilege made it appear for a time that constitutional requirements would produce a unified nation-wide body of defamation law to replace the various common law rules followed in the fifty states. In view of …

Duty, Foreseeability, And The Negligent Infliction Of Mental Distress, Mark A. Beede

Maine Law Review

Under early common law if the act of a person gave rise to an action at law, he would be liable for resulting damages regardless of fault. A person acted at his peril. The limitation on liability, if any, lay not with a concept of duty but with a medieval sort of proximate cause. “There is little trace of any notion of. . . an obligation to any one individual, as essential to the tort. The defendant's obligation to behave properly apparently was owed to all the world.” With the merging of the common law actions of trespass and trespass …

The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll

Maine Law Review

The remedies fashioned to redress violations of the fourth amendment to the United States Constitution continue to be the subject of much judicial, legislative, and scholarly inquiry. In striking the balance between the need to protect individual freedom and the need to protect society from criminal activity, the Supreme Court and Congress have developed two principal remedies for fourth amendment violations: the exclusionary rule and civil actions under 42 U.S.C. § 1983 or under theories of constitutional tort. on the development of both of these remedies it is assumed that their effectiveness is the true measure of fourth amendment liberties. …

The Choateness Doctrine And The Federal Loan Programs—A Plea For Federal Legislation, James A. Houle

Maine Law Review

During the Depression of the 1930's, Congress created a number of federal loan programs as part of Roosevelt's New Deal legislation aimed at stimulating economic growth. In the almost fifty years since then, Congress has expanded these programs to the point where today there are over one hundred and sixty of them, representing the nation's largest single source of direct and insured loans. From 1959 until the recent decision in United States v. Kimbell Foods, Inc., the Supreme Court applied the theory of the inchoate lien (now called the "choateness doctrine") to determine priority in suits involving federal consensual liens …

Editorial Board Vol. 33 No. 2 (1981)

Maine Law Review

No abstract provided.

Small Claims Mediation In Maine: An Empirical Assessment, Craig A. Mcewen, Richard J. Maiman

Maine Law Review

In recent years considerable attention has been paid in the United States to the development of informal "alternatives to court" as part of a world-wide access to justice movement. Of these alternatives to courts, mediation contrasts most sharply with adjudication and, in theory, promises much by way of decreasing the alienation of citizens when it is made an adjunct to the formal judicial process. The contrast and promise stem largely from the participatory and consensual character of the mediation process. A third party to the dispute—the mediator—encourages the parties to find a mutually agreeable settlement by helping them to sharpen …

Abortion Rights, Fugitives From Slavery, And The Networks That Support Them, Rebecca E. Zeitlow

North Carolina Civil Rights Law Review

No abstract provided.

This Is Not History

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Resilience Against Neglect

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Violence And Artistic Resistance, Tucker Brown

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Power Of Poetry, Madison Haji

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Cointelpro's Assassination Of Fred Hampton

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

What's Going On, Jesse Spadaccini

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Importance Of Multicultural Clubs At Pc, Courtney Wight

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Freedom Lyrics, Lily Allan

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.