Law Commons^™

The Materially Affect Standard Does Not Protect Consumers From Dishonest Influencers, Kimberly Coleman

University of Cincinnati Law Review

No abstract provided.

The Ecosystem Theory Of Harm In Merger Enforcement: A Transatlantic Comparison, Ben Rininger

University of Cincinnati Law Review

No abstract provided.

Cardozo Law News Brief: March 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 21, 2025 Cardozo Law News Brief include:

• Daniel J. Dominguez ’05 honored at the 15th Annual BALLSA Celebration, where three students also received awards.

• Professor Matthew Wansley quoted in The New York Times on Tesla’s permit for robotaxi services in California.

• Professor Zalman Rothschild published an opinion piece in The Washington Post about Hasidic education and the right to secular learning.

• Professor Haiyun Damon-Feng discussed immigration authority and birthright citizenship in Bloomberg Law and the Miami Herald.

• Professor Saurabh Vishnubhakat published in Nature Biotechnology and presented at major conferences on trade secrets and IP law.

Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen

University of Cincinnati Law Review

No abstract provided.

Proportionality And The Federal Rule Of Civil Procedure 26(B)(1): An Empirical Inquiry, Daniel Croxall, Michael Vitiello

University of Cincinnati Law Review

No abstract provided.

Title Ix Reimagined: The Power Of Principles-Based Governance, Tammi Walker

University of Cincinnati Law Review

Title IX, a federal civil rights law enacted in 1972, prohibits sex-based discrimination in educational institutions. Title IX’s regulatory framework has evolved into a problematic hybrid of broad principles and prescriptive rules, creating significant challenges for educational institutions seeking to prevent sex discrimination and ensure gender equity. The current system’s simultaneous vagueness and rigidity has resulted in inconsistent enforcement, regulatory uncertainty, and compliance burdens that ultimately undermine Title IX’s fundamental objectives.

This Article argues that a properly structured principles-based regulatory approach would better serve Title IX’s aims while enhancing compliance and accountability. Successful implementation requires clear guiding principles, professional expertise, …

A Constitutional Right To Counsel In Eviction Proceedings: Solutions To Ohio's Housing Stability Crisis, Audrey M. Woodward

University of Cincinnati Law Review

No abstract provided.

Sabotage Of Submarine Cables And Pipelines As A Use Of Force And Armed Attack, Christian Schaller

International Law Studies

Combating sabotage of submarine cables and pipelines is a matter of law enforcement, subject to the international law of the sea. However, such acts may also constitute the use of force and an armed attack under Articles 2(4) and 51 of the UN Charter. The application of these concepts requires clarification of the “international relations” in which the use of force takes place and identification of the State against which the armed attack occurs. This article argues that, in the absence of evidence to the contrary, the sabotage may be presumed to be directed against the States connected to the …

Achieving Positive Outcomes Using Rapport-Based Police Interviewing In Sex Offense Investigations, Mark A. Dainty

Doctoral Dissertations and Projects

Rapport is a critical component of interpersonal communication marked by verbal and non-verbal behaviors including attention, positivity, and coordination. The presence of these indicators during police interviews is positively correlated with information yield. This grounded theory study examined the relationship between rapport and information yield as measured by the quantity of details interviewees disclosed to investigators, particularly sensitive or incriminating details. The theory guiding this study was Cesare Beccaria’s classical criminology Rational Choice Theory, which suggests offenders are rational beings who conduct a cost-benefit analysis before engaging in crime. Investigators applying this theory and employing rapport-based interviewing skills will elicit …

The Legal Reckoning Of Reality Television: Contestant Rights And Producer Responsibilities, Tyler Caffrey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Reality television has become a dominant force in modern entertainment. Behind the scenes, however, contestants face serious legal and ethical concerns. Many reality TV participants allege exploitative working conditions, misleading contracts, and inadequate compensation. Traditionally, networks classify contestants as independent contractors, exempting them from labor protections such as minimum wage and overtime pay.

Armed And Classless: Non-Dangerous Felons After Bruen, Robert W. Vetter

LSU Law Journal for Social Justice & Policy

No abstract provided.

Masthead

LSU Law Journal for Social Justice & Policy

No abstract provided.

Cover

LSU Law Journal for Social Justice & Policy

No abstract provided.

Clean Data: Recursion As Pollution In Environmental Ai, Joshua Fairfield

Scholarly Articles

If “data is the new oil,” then corruption in the data used to train artificial intelligence (AI) constitutes a new form of pollution. Environmental AI has traditionally been discussed in terms of its indirect effects on the environment—the irony of burning power, processor cycles, and heat to produce solutions to stop and heal environmental damage. But there is a deeper problem. When environmental AI suggests interventions, its outputs are written onto the landscape. If that landscape is then read as data to retrain AI, there is a risk of model collapse and catastrophic forgetting, as the snake devours its own …

Parameters Spring 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Spring 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Russia, Ukraine, and NATO; Strategic Competition and Managing National Security; and Joint Sustainment Strategies), the regular Civil-Military Relations Corner installment, and a review essay.

The Trump Administration’S Recent Removals To El Salvador Violate The Prohibition On Transfer To Torture, Rebecca Ingber, Scott Roehm

Online Publications

Several of our colleagues have already provided excellent analyses of the fast-evolving legal and factual questions presented by President Donald Trump’s pretextual and abusive invocation of the Alien Enemies Act to transfer to El Salvador 238 Venezuelan men who it alleges are members of the Tren de Aragua gang. We are writing to flag a separate issue that this case has created, one that applies to anyone removed from the United States under any authority: the administration is sending people to a country where there is a quite significant risk they will be abused. Whatever the authority the administration might …

Taking Proportionality Seriously: A Countercultural Approach, Suzanne Chiodo

Articles & Book Chapters

Proportionality was introduced into Ontario’s Rules of Civil Procedure in 2008. A plain reading of Rules 1.04(1) and (1.1) is the ‘traditional’ interpretation of proportionality: that proportionality is merely the means of furthering efficiency and economy in individual cases, with the aim of better securing substantive justice on the merits in those cases. The relative measure is what is at stake in the individual case. This article suggests a counter-cultural interpretation: that proportionality is equal in importance to substantive justice and that, in certain circumstances, substantive justice in individual cases must give way to proportionality, in order to secure the …

Property Rights In Digital Assets Under Uniform State Laws In The United States, Benjamin Geva

Articles & Book Chapters

No abstract provided.

Ukraine’S Not-So-Whole-Of-Society At War: Force Generation In Modern Developed Societies, Ilmari Käihkö, Jan Willem Honig

The US Army War College Quarterly: Parameters

This article argues that Ukraine offers a cautionary tale regarding the two main modern models of force generation. Neither the professional high-tech war model, favored by Western militaries, nor the whole-of-society war approach, said to have saved Ukraine in 2014 and 2022, proved successful formulas for Ukraine. Considering that Ukraine is fighting for survival, with Russian forces inside the country, the failure of both models in action has serious implications for NATO member states as they deliberate their choices regarding future force generation.

Measuring Interoperability Within Nato: Adapted Off-The-Shelf Or Bespoke Solution?, John R. Deni, Matthew R. Macleod, Sarah E. Stewart, Katherine M. Banko, Adrian Jones

The US Army War College Quarterly: Parameters

Despite decades of work on interoperability, NATO Allies cannot measure, assess, and build upon it fully and accurately. The lack of agreed formats or standards for collection, management, and the communication of findings have prevented the Allies from developing common interoperability measurement and assessment tools. Nonetheless, NATO could adopt extant standards, methodologies, processes, or tools to achieve its interoperability objectives. Testing this notion through use cases, the authors identify practical and conceptual hurdles to adopting an off-the-shelf solution. They conclude that the Alliance may need to create assessment standards, methodologies, processes, and tools from scratch, despite the difficulties of doing …

By All Means Available: Memoirs Of A Life In Intelligence, Special Operations, And Strategy, Todd Greentree

The US Army War College Quarterly: Parameters

Todd Greentree examines By All Means Available: Memoirs of a Life in Intelligence, Special Operations, and Strategy by Michael G. Vickers, who Greentree views as an exemplar of strategic leadership for current and future leaders.

Brief Of 30 Scholars Of Law, Economics, And Medicine As Amici Curiae In Support Of The Petition, Charles Duan

Amicus Briefs & Court Filings

Amici curiae are scholars of law, economics, and medicine, listed in the Appendix. Their interest is in the proper development of patent law in ways that best promote the interests of innovation access and the public interest.

Brief Of 76 Scholars Of Law, Business, Economics, And Medicine As Amici Curiae, Charles Duan

Amicus Briefs & Court Filings

No abstract provided.

Human-Animal Chimeras: An Omen For Disaster Or An Answer To Our Prayers?, Catherine A. Zimmermann

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the purpose of chimera research, various ethical arguments, and the current perception of chimera research in the United States to address aspects of the proposed legislation. Chimeras are unique in that they have both human and animal cells. Taking this into account, I also discuss the current regulatory structure and legal protections which provide a framework for the regulation of chimera research. I explain and analyze the law regarding the NIH moratorium and explore factors that have led the United States to consider lifting the moratorium while examining different legal perspectives which explain …

“Don’T Say Gay”: Florida’S Suppression Of Lgbtq+ Identities Under The Guise Of Parental Empowerment, Alex J. Snow

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note first discusses the legislative and judicial history of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title IX. Primary attention is directed toward the interplay between the statutes, their similarities, and the theories pursuant to which discrimination may be established under each. Next, this Part discusses the historical debate over the scope of “sex” discrimination under Title VII and Title IX. Then, this Part examines the landmark Supreme Court case Bostock v. Clayton County’s substantial impact on the judicial interpretation of “sex” under Title VII and Title IX. Lastly, …

Shoot First, Think Later, Pay Never: How Qualified Immunity Perpetuates The Modern-Day Lynching Of Black Americans And Why Abolition Is The Answer, Abigail Sloan

Journal of Civil Rights and Economic Development

(Excerpt)

The purpose of this Note is to analogize today’s police killings of Black Americans to lynchings, and to examine how qualified immunity is one of many mechanisms governments and police departments use to evade accountability. The word “lynching” itself evokes an emotional and disturbing image of horror from the reconstruction-era South, with images of terroristic, racist violence which can be uncomfortable and traumatizing to confront. However, in using the word “lynching,” I intentionally and respectfully draw upon the similarities between historical lynchings and the police killings of Black Americans today, particularly in tracking the evolution of brutal violence to …

One Person, Endless Data: Prohibiting Personal Political Viewpoint Data Processing To Combat Voter Suppression, William Eddy

Journal of Civil Rights and Economic Development

(Excerpt)

Polarization in American politics and elections continues to rise, due in no small part to advancing digital marketing technologies co-opted by political actors. In 2016, Cambridge Analytica, a political consulting firm, spearheaded right-wing populist campaigns to political victory in the United States and United Kingdom. The firm reconfigured commercial data processing methods to process personal political viewpoint data (“PPVD”) and perform “psychological manipulation.” While the firm has since dissolved, such practices are still used to manipulate American elections.

The European Union (“EU”), also in 2016, enacted the General Data Protection Regulation (“GDPR”). As a comprehensive data privacy reform, GDPR, …

When Does A Lie Become An Obstruction Of Justice?, Michael Allain

Journal of Civil Rights and Economic Development

(Excerpt)

Most people agree that lying is wrong. The early English, for example, were particularly sensitive to lying: “King Alfred provided that the slanderer shall have his tongue cut out, unless he could redeem it with the price of his head.” But determining which lies are culpable, if any, is thorny; some say harm-causing lies are culpable, while others disagree, advising caution.

Naturally, this debate has found its way into our law. One example lies in the obstruction of justice adjustment—a sentencing enhancement in the Federal Sentencing Guidelines (“the Guidelines”). How does that provision determine when a lie is culpable? …

A Conversation With George Bouvier, Cardozo Fame Center, George Bouvier

2025 Event Invitations

Join the FAME Center as we host the Founder and Executive Director of Academia Cerebra, George Bouvier. He will be in conversation with the Fashion Law Society to discuss FAME’s collaboration with Academia Cerebra, Europe’s premier academy specializing in luxury fashion.

Motion For Leave To File Brief Of 31 Intellectual Property And Media Law Professors As Amici Curiae In Support Of Appellant And Reversal, Christine Farley

Amicus Briefs & Court Filings

Amici Intellectual Property and Media Law Professors respectfully move for leave to file a brief in support of Appellant in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3) and 11th Circuit Rule 29-1.1 The proposed brief is being tendered herewith. All parties have received notice of the filing of this motion and proposed brief. Counsel for Appellant has consented to the filing of the proposed brief; counsel for Appellee has advised that Appellee opposes the filing.