Law Commons^™

The Big Cost Of Small Farms, Tammi S. Etheridge

Scholarly Articles

Americans love meat. We celebrate our independence with steaks on the grill, we enjoy our favorite pastime with hot dogs, and we give thanks with turkey. Our love of meat is so ingrained in our culture that, historically, small increases in meat prices have driven the populace to riot. Today, meat prices are rising. Simultaneously, the largest meat processors and packagers are seeing record profits. Consumers, in turn, are outraged. Their emotions are being fueled by politicians who blame rising profits on a pandemic of greed and collusion and then argue that rigid antitrust enforcement is the only solution.

This …

Criminal Background Checks: Gatekeepers Of Discrimination In Housing And The Federal Housing Administration's Accountability, Reginald A. Merilus

Nova Law Review

No abstract provided.

Beyond The Crash: Boeing's 737 Max Crisis, Corporate Governance Failures And The Imperative Need For Enhanced Oversight And Whistleblower Protections, Carolyn Pardilla

Nova Law Review

No abstract provided.

Who Is Practicing Medicine? Man Or Machine: Telehealth, Ai, And The Corporate Practice Of Medicine, Christopher Gottfried, Shirley Sharon Rosenstein

Nova Law Review

No abstract provided.

Health Care Beware: If You Want To Profit Like A Business, You Have To Follow The Rules Like A Business, Jacqueline Grady

Nova Law Review

No abstract provided.

Registry Systems As Gatekeepers: How Patent Registries Create Systemic Barriers To Innovation, Miriam Marcowitz-Bitton, Ori Sharon

Fordham Intellectual Property, Media and Entertainment Law Journal

Picture an inventor. Anyone at all. We bet you imagined a man, is that right? If you did, that’s not surprising—our study of over 140,000 patent applications reveals that three out of four patents name all-male inventors, and only three percent of patents represent the inventions of women-only teams. But this massive gender gap is not just about who chooses to invent—it’s about who gets to protect their innovations through the patent system.

This Article presents groundbreaking evidence that women face systemic barriers in securing patents, even when they clear the hurdles to become inventors. Drawing on an unprecedented dataset …

Nova Law Review Full Issue Volume 49, Issue 1

Nova Law Review

No abstract provided.

Examining The Constitutional Landscape Of State Gestational Surrogacy Statutes Through A Bioethical Lense, Hailey Berger

Nova Law Review

No abstract provided.

Battered Woman Syndrome: A Legal Defense To Homicide, Savannah Plaisted

Northwestern Law Journal des Refusés

No abstract provided.

Table Of Contents & Introductory Material

UIC Review of Intellectual Property Law

No abstract provided.

Winning Project: Sexual Assault Case Attrition, Kelsie Winter

2025 Lynn Haggard Undergraduate Library Research Award

Sexual assault cases experience extremely high rates of case attrition, especially in early stages (Morabito et al., 2019). Unlike in other criminal cases, in sexual assault cases survivors are judged harshly, evaluating their background and sexual history (Pattavina et al., 2021). Survivors of sexual assaults often are deterred from even reporting their assaults due to the stigma and treatment they receive after reporting. Law enforcement officers have been reported as acting uninterested or blame the survivors for their assault (Murphy-Oikonen et al., 2022). Victim-blaming is often a main reason behind survivors not reporting their assaults, for the fear of being …

A Comment On Justice Thomas’S Commas, Erik M. Jensen

Faculty Publications

For some reason, Justice Thomas has taken to inserting commas in places they don’t belong. In particular, he writes one clause of a compound sentence, followed by a comma before any conjunction, and, then he throws in a comma after the conjunction as well (as I just did—incorrectly—for illustrative purposes). Or, he begins a sentence with a conjunction and then he routinely drops a comma after the conjunction (again, as I did incorrectly). This article explains the grammatical problem—with copious citations to texts on writing—and then ponders why the Justice is doing this. One hypothetical: as a good originalist, he …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Joan O'Sullivan, Ellen A. Callegary, Rebecca Hall, James F. Silver

Faculty Scholarship

No abstract provided.

Law In Society: Defending Hart, Alma Diamond

Fellow, Adjunct, Lecturer, and Research Scholar Works

I revisit the debate between Joseph Raz and H. L. A. Hart concerning the nature of legal content and reasoning. Raz contended that legal reasoning should be analyzed as a form of moral reasoning. In contrast, Hart emphasized the distinction between legal and moral content, proposing that legal reasoning is a form of what I will call social-institutional reasoning. I characterize social-institutional reasoning in terms of the agent-relative, domain-specific, universal, and content-insensitive justifications it draws upon. I evaluate Raz’s moralized analysis and argue that it obscures the distinctive contribution that law’s social and institutional grounds play in our understanding of …

A Radioactive Circuit Split: Addressing Nuclear Waste Storage And Disposal In The United States, Madison King

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Madison King analyzes the emerging circuit split concerning the Nuclear Regulatory Commission’s (NRC) authority to license interim, away-from-reactor nuclear waste storage facilities. King explains that while the D.C. and Tenth Circuits have upheld the NRC’s authority under the Atomic Energy Act, the Fifth Circuit recently rejected that interpretation, ruling the NRC lacks such authority and invoking the major questions doctrine. King argues for a legislative solution to resolve the legal uncertainty and long-standing stalemate over nuclear waste disposal. King proposes that Congress should pass the Nuclear Waste Task Force Act to reevaluate federal policy, eliminate exemptions for …

Puppy Dog Eyes: Begging For Treats And The Regulation Of Dog Breeding, Abigail Barford

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Abigail Barford explores the lack of regulation over dog breeding in Kentucky, particularly the harms caused by puppy mills and backyard breeders. Barford explains that loopholes in the Animal Welfare Act and Kentucky’s absence of state-level protections contribute to dog overpopulation, inhumane conditions, environmental damage, and financial burdens on taxpayers. Barford argues for Kentucky to adopt strong breeding regulations modeled on Pennsylvania’s laws and its own equine breeding system. She proposes statewide legislation to license breeders, enforce humane standards of care, and regulate small-scale breeding to curb overpopulation and protect animal welfare.

Legalist Realism, Mark A. Drumbl

Scholarly Articles

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of "legalist realism." Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.

Deficiencies In The Judicial Classification Of Cryptocurrencies Indicating The Need For Legislative Alternatives, Ethan Johnson

Journal of Legislation

The cryptocurrency industry is desperate for regulatory clarification, which would stabilize and secure cryptocurrency and, ultimately, promote increased investment. How the United States ultimately chooses to pursue cryptocurrency regulation has massive implications for future investment and the development of this technology. Disagreement over how to classify cryptocurrency under the investment contract test created in SEC v. Howey, including the recent Second Circuit split, has led to calls for resolving legislation. Cryptocurrency legislation has recently been passed by the European Union, and there are currently proposals for legislation before Congress in the United States.

This Note considers the context surrounding …

The Great War (Taylor's Version): Examining The New Era Of Recording Artists & Master Recording Ownership, Victoria B. Villanueva

Journal of Legislation

In 2019, Taylor Swift took to social media to voice her unease with the recent sale of her entire master recording catalogue to Ithaca Holdings, a sale that allegedly occurred without her explicit permission. Following a series of negotiations, holdouts, and ultimate deadlock, Swift made the critical and costly decision to re-record and re-release each of those six albums under her sole ownership in an effort to reclaim them as her own work—re-recordings publicly denoted by “Taylor’s Version”. This highly-publicized feud brought to the public’s attention a decades-long conflict between the recording artist and the recording company, one that has …

A Nationwide Issue: The Failure To Ban Child Marriage In The United States And Its Disparate Impact On Female Youth, Aniejah Humphrey

Children's Legal Rights Journal

No abstract provided.

Stigma And Isolation: The Lived Experiences Of Male Sexual Assault Survivors In College, Vanessa Vela

Theses and Dissertations--Family Sciences

Male sexual assault survivors on college campuses face barriers to disclosure, support, and recovery due to stigma, societal expectations of masculinity, and inadequate institutional resources. This hermeneutic phenomenological study explored the lived experiences of six male survivors of sexual assault enrolled in college, focusing on their perceptions of sexual violence before and after their assault, the psychological burden of disclosure, and their experiences with available support systems. Participants described challenges including rape myths, feelings of isolation, fear of emasculation, and limited access to gender-inclusive resources. While online communities provided some support, institutional services often failed to meet their needs due …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

We Need To Talk, Joanmarie Davoli

Catholic University Journal of Law and Technology

[Writing] will introduce forgetfulness into the soul of those who learn it: they will not practice using their memory because they will put their trust in writing, which is external and depends on signs that belong to others, instead of trying to remember from the inside, completely on their own. You have not discovered a potion for remembering, but for reminding; you provide your students with the appearance of wisdom, not with its reality. Your invention [of written language] will enable them to hear many things without being properly taught, and they will imagine that they have come to know …

Flagrant Fouls: The First Amendment, Legal Speech, And Attacks On Law Firms And The Rule Of Law, Raymond H. Brescia

Nevada Law Journal Forum

This Essay explores the Trump Administration’s unprecedented campaign targeting major U.S. law firms for retribution and examines such actions in light of the First Amendment’s relationship to these actions. Drawing on historical and doctrinal analyses, the Essay introduces and defends the concept of “legal speech” as a critical cluster of First Amendment protections encompassing the rights of lawyers to speak, associate, petition, and advocate on behalf of clients in an unfettered way and without government retaliation. Executive actions against Covington & Burling, Paul Weiss, Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey purport to revoke security clearances, bar access …

Insurrection And Black Political Participation, Brandon Hasbrouck

Scholarly Articles

The Reconstruction Congress envisioned a comprehensive set of rights and structural protections in the Fourteenth Amendment to establish and preserve a multiracial democracy. The Fourteenth Amendment’s third section, the Insurrection Clause, may seldom have been enforced in recent memory, but it remains a vital part of the Amendment’s framework. The Insurrection Clause bars any state or federal government official who participates in a rebellion or insurrection after taking an oath to support the Constitution from serving in such a position again. In Trump v. Anderson, the Supreme Court was given a choice to either enforce the Insurrection Clause’s protection …

Dobbs And The New Doctrine Of Stare Decisis, Russell A. Miller

Scholarly Articles

Alongside the historic and troubling annulment of the half-century-old Substantive Due Process right to abortion, Dobbs produced another significant outcome. To get its substantive constitutional law result, the Court’s majority also had to reconceive—and significantly weaken—the doctrine of stare decisis. This was necessary because, following Planned Parenthood of Southeastern Pennsylvania v. Casey, the constitutional right to abortion largely depended on respect for precedent as the basis for its survival. To overturn Roe, the Dobbs majority had to blast through the established practice of precedent and articulate a new doctrine of stare decisis. It seems that precedent was meant to …

Introduction, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Christelle Molima Bameka, Mohamed Kamara, Mark A. Drumbl

Books and Chapters

This multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’

Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the …

17th Conference On Legal Information, Scholarship, And Teaching, (Boulder-Colist) Portland, 2025, Dana Neacsu

The pre-AALL Conference on Legal Information: Scholarship and Teaching (CoLIST)

Conference schedule.

Where Did All The Dry Sand Go?, Gary S. Gaffney

Nova Law Review

No abstract provided.