Law Commons^™

Journal Staff

Duke Law Journal

No abstract provided.

The Paradoxical Solution To Enforce Resale Royalties And Keep The Nft Market Decentralized, Katelyn Holcomb

Washington Journal of Law, Technology & Arts

This article examines the role of resale royalties in maintaining decentralization in the NFT ecosystem and supporting financial sustainability for artists. Although resale royalties, also known as creator royalties, are widely valued by NFT artists, they have been frequently undermined by the centralized policies of large NFT marketplaces. These include zero-royalty policies that are driven by the competitive pressure to gain market share, where platforms allow buyers and sellers to bypass creator royalties. This behavior has led to a destructive race to the bottom and the overall erosion of resale royalties. To address this problem in the NFT market, this …

Access To Algorithmic Justice: Defending A Right To Expert Assistance For Indigent Defendants, Meghna Melkote, Madhavi Nambiar

Duke Law Journal Online

No abstract provided.

Alumni Updates - Winter 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

This Winter 2025 Alumni Updates highlights recent professional achievements of Cardozo Law graduates, including promotions to partner and counsel, executive appointments, prestigious awards, notable publications, and creative accomplishments across law, government, business, and the arts.

The Compact Clause And Cyberwar, Josie Laing

Washington Journal of Law, Technology & Arts

This article seeks to bring attention to the potential modern utility of Article 1, Section 10, Clause 3: the Compact Clause. This section of the Constitution has historically been archived. However, given cyberspace’s ever-growing prominence, the Compact Clause should be reconsidered as cyber warfare presents a novel opportunity for states to exercise their sovereign rights.

Section 10 restricts states’ powers to engage with foreign entities. Without the consent of Congress, states cannot enter into agreements with foreign powers or engage in war. These restrictions on states were necessary when the Constitution was drafted. To navigate foreign affairs nimbly, the United …

Carano V. Disney: The First Amendment Right Of Expressive Association As A Defense To Firing Employees For Their Political Speech, Joel Timmer

Washington Journal of Law, Technology & Arts

Following a series of controversial social media posts by actress Gina Carano, a cast member of the Disney+ Star Wars series, The Mandalorian, Disney terminated her employment on the show and announced that Carano would not appear in any future Star Wars projects. According to Disney, Carano was terminated because the views expressed in her posts did not align with the company’s values. Carano filed suit against Disney, claiming Disney violated California state labor laws that generally prohibit employers from sanctioning employees for their political activities. In response, Disney claims that the First Amendment right of expressive association provides …

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable James D. Gardner, District Court No. 190902530

Russell A. Cline, Attorney for Appellee

Bruce M. Pritchett, Jonathan R. Rudd, Attorneys for Appellants

Community Integration Of People With Disabilities A Quarter Century After Olmstead V. L.C., Michael Ashley Stein, Benjamin Barsky, Lisa I. Iezzoni

Faculty Scholarship

No abstract provided.

International Book Essay - Militarism And Law In Africa: A Governing Paradox, Rabiat Akande

Articles & Book Chapters

SAMUEL FURY CHILDS DALY. Soldier’s Paradise: Militarism in Africa after Empire. Durham, NC: Duke University Press, 2024

From Cypherpunks To Decentralized Finance: How Crypto-Anarchy Is Redefining Legal And Economic Systems, Alesia Zhuk

Markets, Globalization & Development Review

This article explores the evolution of crypto-anarchy, tracing its origins from the cypherpunk movement to the rise of decentralized finance (DeFi) and its transformative effects on legal and economic systems. Central to crypto-anarchy is the belief in individual empowerment through privacy, financial autonomy, and decentralization, which allows users to bypass traditional intermediaries like banks. While these technologies offer increased freedom and financial inclusion, they also introduce significant risks such as money laundering, tax evasion, and the facilitation of illegal activities, posing challenges to current regulatory frameworks. The article examines the socio-economic implications of decentralization, including both the democratization of finance …

Law School News: Community Building Third-Year Gina George Takes Helm Of Student Bar Association 01-06-2025, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ndls Communicator: Week Of 01.06.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Knox Thames discusses his book, “Ending Persecution: Charting the Path to Global Religious Freedom”
• Notre Dame Law School hosts Symposium on the future of the Federal Trade Commission
• Faculty News and Briefs
• Roger Alford testified before the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights in a hearing about mergers' impact on consumers, antitrust policies in health care, big tech monopolies, and Amazon's labor practices.
• Emily Bremer was mentioned in an article in The Regulatory Review on the Chevron Supreme Court case, which highlights a Penn Program on Regulation panel she participated in last year, …

Changemakers: Gina George: 3l: Community Building Third-Year Gina George Takes Helm Of Student Bar Association, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Episode 9: Update From The Sidelines, Sara Gras

Season 01

This episode provides an update on developments related to the inclusion of trans athletes in interscholastic sports, including the Second Circuit’s en banc decision in the Soule v. Connecticut case, the general Title IX Final Rule litigation, transvestigation during the Summer Olympics, and a recent Senate hearing on an entirely different subject that foreshadows what the next four years holds for trans athletes. My guest for this episode is one my research assistants, Emily Raedisch, a 2nd year law student at Seton Hall Law. She researched and wrote this episode. Court opinions and documents: Soule v. Connecticut Ass’n of Sch., …

Urban Security And The Crisis Of Values In A Risk Society: Elements For Reflection And Research, Bahamou Abdelilah, Abdelghani Chafik

Journal of Maya Heritage

Abstract: Urban security has become one of the most pressing challenges of the 21st century, shaped by the complexities of modern urban life. As cities grow and evolve, they face unprecedented security challenges that transcend traditional notions of crime prevention. These challenges encompass social, cultural, economic, and psychological dimensions, deeply intertwined with societal transformations.

In the context of what sociologist Ulrich Beck refers to as the "risk society," rapid globalization, technological advancement, and cultural diffusion have disrupted traditional social values. This disruption has created environments of uncertainty and fear, where mutual trust and social cohesion are eroded. As Émile Durkheim …

To Save Democracy From Juristocracy: J.B. Thayer And Congressional Power After The Civil War, Samuel Moyn, Rephael G. Stern

Faculty Scholarship

As many Americans once again worry that their democracy is hostage to judicial power, this Article is an archival reconstruction of how famed Harvard law professor James Bradley Thayer set out on a mission to stave off the syndrome before it stuck—though he failed in the end.

The Article shows how Thayer (1831–1902) arrived at his epoch-making theory of judicial deference to safeguard Congress’s power after the democratic revolutions of the Civil War and Reconstruction. Indeed, he hoped to see America transformed in the direction of British legislative supremacy, in which Parliament—and not the courts—reigned supreme. Scandalized by growing ventures …

The Need For Antiracist Education Amid Trends Toward Totalitarianism And A Constitutional Crisis, Julnasha Morehead

DePaul Journal for Social Justice

No abstract provided.

The Case For Prison Education Reform, Natasha Yousefi

DePaul Journal for Social Justice

No abstract provided.

Are Social Rights Really Unachievable? Rethinking Social Rights Advancement Through Court-Triggered Institutional Innovations, Maria Emilia Mamberti

DePaul Journal for Social Justice

No abstract provided.

Letter From The Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

Cardozo Law News Brief: January 3, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 3, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth spoke to The New York Times about the legal basis for Luigi Mangione facing both federal and state murder charges.

• Professor Betsy Ginsberg discussed jail conditions in Gothamist, emphasizing the need for systemic reform.

• Adjunct Professor Gary Galperin explained to Gothamist how legal strategy and timing are determined when dual prosecutions occur.

• Professor Jocelyn Getgen Kestenbaum appeared on The FoRB Podcast with Visiting Professor Dmytro Vovk to discuss global responses to the 2014 Yazidi genocide.

Accelerating Biosimilar Market Access: The Case For Allowing Earlier Standing, S. Sean Tu, Rachel Goode, Matthew Turner, Victor Van De Wiele

Law Faculty Scholarship

Biosimilars, which are affordable alternatives to biologic medicines, face delays in market entry due to the current patent litigation framework under the Biologic Price Competition and Innovation Act. Currently, biosimilar manufacturers can only initiate patent litigation to attempt to clear weak and invalid patents after submitting their Biologic License Application to the Food and Drug Administration (FDA), which happens after completing extensive, and costly clinical trials. By contrast, generic drug manufacturers can start litigation earlier due to shorter development times and less stringent clinical requirements, allowing them to launch immediately after the primary patent expires. We propose allowing biosimilars to …

Jeddie Al-Imari, An Individual; Kathleen Al-Imari, An Individual; And Jennifer Al-Imari, In Her Role As The Legal Guardian Of D.A And R.A., Minor Children; Appellants/ Plaintiffs V. Utah Department Of Transportation; Staker & Parson Companies Dba Jack B. Parson; And Does I-X : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the First Judicial District Court Case No. 210100162 Cache County, State of Utah The Honorable Judge Angela Fonnesbeck

Brad H. Bearnson, Wayman M. Stodart, Attorneys for Appellants/Plaintiffs

George W. Burbidge II, W. Kevin Tanner, Attorneys for Appellee/Defendant Staker & Parson Companies, Joseph E. Minnock, Anna Nelson, Attorneys for Appellee Utah Department of Transportation

Al-Imari V. Udot : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEES STAKER & PARSON COMPANIES AND UTAH DEPARTMENT OF TRANSPORTATION Appeal from the First Judicial District Court Case No. 210100162 Cache County, State of Utah The Honorable Judge Angela Fonnesbeck

Brad H. Bearnson Wayman M. Stodart BEARSON & CALDWELL, LLC Attorneys for Appellants/Plaintiffs

George W. Burbidge II (6503) W. Kevin Tanner (8872) CHRISTENSEN & JENSEN, P.C. Attorneys for Appellee/Defendant Staker & Parson Companies

Clark V. Clark : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Iron County, State of Utah The Honorable Matthew L. Bell District Case 170500181

Frank D. Mylar (5116) MYLAR LAW, P.C. Counsel for Appellants/Defendants

The Role Of The Voluntary Carbon Market In Scaling Impact Globally - An Analysis Of Recent Trends, Varnika Chawla Ms., Divya Sethuraman Ms., Tarun Ashok Mr., Jason Kitts Mr.

National Law School Business Law Review

Interest in the Voluntary Carbon Market (‘VCM’) has grown considerably from participants ranging from private organizations to international corporations and regulatory bodies. Unprecedented anthropogenic climate change has led governments around the world towards action to limit global warming by setting net zero targets and taking steps towards carbon reduction, including through the purchase of carbon credits.In this paper, we provide a high-level overview of the different nature of carbon markets–compliance versus voluntary. After this differentiation, we focus our discussions on the VCM solely. In Part I, we set the scene and provide a background of developments across the Global North …

Rosser V. Elite Craft Homes : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Craig Hall, District Court No. 220903070

Jonathan R. Schofield (8274) Dick J. Baldwin (14587) Steven R. Glauser (15607) Daniel S. Sorenson (18101) PARR BROWN GEE & LOVELESS, P.C. Attorneys for Appellants Jeremy Rosser and Brandon Kilburn

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

Judicial Review Of Settlements Under The Class Action Fairness Act And Deference Due To The Department Of Justice And State Attorneys General, Michael E. Solimine, Hailey Martin

Faculty Articles and Other Publications

The Class Action Fairness Act of 2005 (CAFA) made it easier to remove consumer class actions from state to federal court, and among other things regulates the procedure of federal court approval of settlements of those cases. CAFA requires that before any court approval or disapproval, the parties must notify the Attorney General of the United States, and the attorneys general of states where members of the class live, of the pending settlement in order to receive any objections or other input. While such notice is frequently sent, since most class action cases settle out of court, it appears that …