Law Commons^™

Calling Lawyers In, Instead Of Out: The Role Of The Conscious Lawyer, Siwatu-Salama Ra

JCLC Online

No abstract provided.

What Does Npep Mean To Us?, Northwestern Prison Education Program

JCLC Online

The Northwestern Prison Education Program (NPEP) provides currently incarcerated individuals across Illinois an undergraduate education from Northwestern University. At Stateville and Logan Correctional Centers, admitted NPEP students work toward a Bachelor of Science degree, taking a full course load taught by Northwestern professors within the prisons’ walls. On November 14, 2023, the inaugural cohort of NPEP students at Stateville graduated from the program, making history as the first incarcerated students in the United States to earn a bachelor’s degree from a top ten university as ranked by U.S. News and World Report. This piece is a collection of personal reflections …

The Meaning Of Life, In Michigan: Mercy From Life Sentences Under The State Constitution, Molly Bernstein, David Shapiro

JCLC Online

Properly understood, the “cruel or unusual” punishment clause of the Michigan Constitution grants every person sentenced to life in prison a meaningful right to obtain release through rehabilitation. Today, however, Michigan has among the nation’s largest populations of people serving both formal and de facto life sentences without any meaningful possibility of release.

In 1850, Michigan revised its state constitution to prohibit “cruel or unusual punishment,” creating a contrast with the conjunctive “cruel and unusual punishments” clause of the federal Eighth Amendment. This disjunctive prohibition, which subsequent Michigan constitutional conventions retained, prohibits both “cruel” sentences and “unusual” sentences. We argue …

For Official Violence, The Devil's In The Dehumanizing Details, Rachel Kincaid

JCLC Online

In Excessive Force in Prison, Professor Sharon Dolovich tackles the shortcomings of the Eighth Amendment’s cruel and unusual punishment doctrine to govern uses of official violence against prisoners. She argues that law enforcement officers owe a duty of care and protection to incarcerated people, but that duty of care and protection is undermined by the dehumanization and demonization of prisoners. Professor Dolovich thus advocates for shifting the doctrinal standard for excessive force under the Eighth Amendment to one based on objective reasonableness, paired with jury instructions explicitly reminding jurors of incarcerated victims’ humanity. To counteract the vagaries of such an …

From Oppenheimer To Trump: An Exploration Of The American History Of Prosecution And Persecution In Classified Information Dissemination, Samuel Bevenour

JCLC Online

Robert Oppenheimer, the father of the atomic bomb, was stripped of his security clearance before documents were properly classified and without access to exculpatory evidence in what amounted to a show trial. The modern, peace-time classification system has expanded into an arguably uncontrollable leviathan that has proven unable to be curtailed by either political party despite bipartisan support. The usage of the related Espionage Act to enforce the ever-growing secrecy state has a problematic history of being utilized in politically motivated prosecutions in which defendants still face an uphill battle to gain access to exculpatory information. These prosecutions, under the …

Juvenile Drug Offenses: Rethinking Criminal Justice Approaches And Intervention Strategies, Lucas Kelly

JCLC Online

Juveniles, whose offending nature fundamentally differs from that of adults, should not be subjected to the traditional criminal justice system for drug offenses. Juvenile drug offenders warrant heightened attention due to their diminished capacity for reasoned judgment, increased susceptibility to the effects of drugs, the profound impact that criminal drug charges have on their future, and the possible presence of Substance Use Disorder. This Comment breaks down ways in which the U.S. has handled, and currently handles, juvenile drug offenders. I will also explore the long-term and short-term effects of drug convictions for juveniles, the issue of culpability and susceptibility …

A Practitioner's Response To "Excessive Force In Prison": The Real-World Implications Of Professor Dolovich's Proposed 8th Amendment Standard, Alan Mills

JCLC Online

In Excessive Force in Prison, Professor Sharon Dolovich has proposed a new standard for liability in excessive force cases brought by prisoners against prison officials, shifting the Eighth Amendment analysis from its current deference to correctional officers’ judgment to a “morally robust reasonableness standard.”

While Professor Dolovich’s argument is righteous and compelling, its potential to practically impact prison litigation is lacking. This Article responds to Professor Dolovich’s recent piece from the perspective of a practitioner with decades of experience litigating prisoners’ rights cases in state and federal court. Based on this experience, this Article suggests that Professor Dolovich’s new …

Stopping The Spread Of The World's Oldest Hatred - What U.S. Sports Stakeholders Can Do To Combat Antisemitism, Mark Conrad

Fordham Intellectual Property, Media and Entertainment Law Journal

The consistent rise in reported acts of antisemitism in the United States over the last decade has prompted debate about strategies to combat this age-old menace. The Hamas attack on Israel and the subsequent Israeli military response in Gaza has exacerbated this trend. Many have debated ways to confront the issue, including informing the public about the magnitude of the problem and finding policies to reduce incidents of antisemitism. The sports industry could help in this quest. Because millions of people follow professional, college, high school, and Olympic sports, organizations and individual athletes could participate in activities designed …

The Nebraska Criminal Law Practitioner's Guide To Representing Non-Citizens In State Court Proceedings, 2025 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

PREFACE TO THE 2025 EDITION

There have been a good deal of developments in this area since the 2023 revision to this Guide. Two are especially notable. The first is the 2024 decision by the United States Supreme Court in Loper Bright Enterprises v. Raimondo, in which the Court overruled its 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Although the contours of Loper Bright are still playing out, it is clear that the level of deference given to agency interpretations of the law under Chevron is no longer appropriate. That obviously has significant implications …

Minority Housing In Virginia, Travis Hicks, Celes Davis, Brandan Simmons, Dalila Medrano, Lathaniel Kirts

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Expanding The Community School Framework: Regional Pilot Program, Tonya Byrd, Lakeisha Cook, Jonathan Collins, Tsion Tesfaye, Mike Royster

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Tap To Talk: Leveraging Teletherapy For Mental Health In Higher Education, Stephanie Davis, Santiago Lima, Jaylin Drewry, Frenchi Jones, Louis Gordon

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Establishing Environmental Justice And Equity Boards In Localities & Comprehensive Planning, Jerome Brooks, Malcolm Jones, Monique Gatling-Way, Tammie Mobley, Sheena Palmer

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Voting Rights Restoration, Alisha Bazemore, Chicnee Brown, Melvin Roy, Angela Waller

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Ai In The Courtroom: The Boundaries Of Robolawyers And Robojudges, Hadar Y. Jabotinsky, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

Artificial intelligence (AI) is rapidly developing and undoubtedly impacting every aspect of our lives. From lethal drones, to Apple’s Siri, and improved cancer diagnostics, AI algorithms are also increasingly integrated into decision-making. This article illuminates the impact of AI on the legal system and profession.

Currently, AI legal tools support lawyers’ and judges’ work and can assist in tasks such as due diligence, legal analysis, classification of documents by Technology-Assisted Review (TAR), providing legal advice, and engaging in predicting legal judgments. AI can even assist judges in decision making for risk assessments during sentencing. The …

Consumer Protection And The Illusory Promise Of The Unconsciounability Defense, Benjamin C. Zipursky, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

The United States Supreme Court’s notorious decision in AT&T Mobility LLC v. Concepcion seems to display impatience with the idea of an unconscionability defense to the enforcement of a contract. At the core of Justice Antonin Scalia’s opinion, however, was not an argument against the idea of unconscionability per se, but an argument against using “unconscionability” as a cover for a broader public policy agenda. This interpretation is confirmed by the Court’s little-known decision in Marmet Health Care Ctr., Inc. v. Brown, handed down the term after Concepcion was decided. Plaintiffs were allowed to move forward in Marmet because the …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Doug Laycock And Creativity In Restitution—The Henrietta Lacks Litigation As A Test Case, Doug Rendleman, Caprice L. Roberts

Scholarly Articles

This Article explores the Henrietta Lacks litigation as a test case for Professor Laycock's writings and theories on the law of unjust enrichment and restitution remedies. A series of modern lawsuits brought by the Lacks Estate allege that defendant companies continue to make unjust profits with knowledge of the unsavory provenance of the Henrietta Lacks immortal cell line. The only count in the complaints is unjust enrichment. The core remedy is restitutionary disgorgement of unjust gains. The authors connect the novel nature of the lawsuits to foundational restitution principles. Professor Laycock's scholarly articles, books, and law reform projects bring deeper …

Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol

Canada-United States Law Journal

A panel discussion on protecting human rights through economic sanctions and supply chain due diligence.

Panel Iii: Regulatory Frameworks From Subnational To Multinational, Marc-Etienne Ouimette, Kate Purchase, Kellee Wicker, Xavier Delagado

Canada-United States Law Journal

No abstract provided.

Friday Luncheon Keynote, Isha Khan

Canada-United States Law Journal

No abstract provided.

Decency And Responsibility: Preserving Egyptian Tally Cloth Cultural Heritage And Protecting The Intellectual Property Of Egyptian Artisans., Noha Fawzy Ph.D, Marwa Zein Ph.D, Ahmed Elseragy Ph.D, Catherine Harper Ph.D

Arts and Design

Tally is an exquisite Egyptian netting fabric, cotton or linen with nickel silver, copper or brass strip embroidery, a powerful symbol of Egypt's opulent textile and artisanal culture. Traditionally handmade, it originated in Upper Egypt’s Asyut region where ancient Egyptian makers pioneered embellishment of translucent cloth with metallic threads. Its iconography - geometric flora, fauna, humans and camels – in black, white or ecru. With beautiful drape and fluidity, it is a highly valued part of Egypt’s rich cultural heritage.

Preserving Tally and protecting the intellectual property rights of its artisans is urgent to ensure sustainable livelihoods, safeguard this unique …

Captured Innovation: Technology Monopoly Response To Transformational Development, Reed Showalter, Laura Edelson

The University of Chicago Business Law Review

This Article examines how monopoly power warps incentives to innovate within the largest tech companies across history. Technology monopolies face competing incentives: to innovate and to maintain the status quo. As the center of their market, monopolists have resources and capacity to generate tremendous disruptive innovation. However, disruptive innovation serves only to threaten to destabilize the profitable market structure that a monopolist sits atop. We find that technology monopolists do not fail to innovate, but that they instead restrict that innovation from being released to the market or release the innovation in a diminished way, yoked to the existing technology …

The “Co-Conspirator Exception” To Illinois Brick: Mandatory Joinder Of Direct Purchaser Co-Conspirators, Nikki Chavez Brown

The University of Chicago Business Law Review

Illinois Brick was intended to be a bright-line rule prohibiting indirect purchasers from recovering damages against an upstream antitrust violator under § 4 of the Clayton Act for overcharges passed-on by direct purchasers. In reality, the Illinois Brick decision has resulted in a patchwork of incongruent jurisprudence governing antitrust standing in private enforcement cases. In a seemingly endless struggle to satisfy long-recognized antitrust principles of compensation and deterrence through private enforcement, courts have employed an inconsistent array of rationales and “exceptions” to Illinois Brick. The so-called “co-conspirator exception” to Illinois Brick is intended to provide the first purchaser from outside …

Letters From A Fragmented Democracy, Maureen Edobor

Scholarly Articles

This piece confronts the stakes of our current trajectory by looking to the future. It presents six fictional letters to illustrate where today’s ominous currents could lead. In this imagined tomorrow, contemporary voting restrictions, judicial erosion, and administrative manipulation have gradually hollowed out the franchise, transforming formal democracy into little more than an empty spectacle. Each letter voices a different facet of democratic erosion: a voter disenfranchised by bureaucratic hurdles, a candidate’s voice hijacked by deepfake technology, a neighbor ensnared by punitive voting laws, a community erased by gerrymandering, a campaign drowned in dark money, and even a corporate memo …

Yars 18(31)

Yearbook of Antitrust and Regulatory Studies

Full issue 18(31)

Empirical Essays On Mobility-Restricting Covenants, Lorenzo G. Luisetto

SJD Dissertations

This thesis, which consists of four essays, uses empirical methods to study questions on the use of mobility-restricting covenants in business and employment contracts.

The first chapter investigates the spillover effects of the so-called “No-Poach Initiative,” an enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018 that led 237 franchisors to agree to stop using no-poaching clauses—i.e., provisions in franchise contracts that prohibit franchisees from hiring each other’s employees—nationwide. I document that approximately one third of the franchisors not targeted by the No-Poach Initiative removed the no-poaching clause from their franchise …

Comprehensive Bibliography On Independent Accountability Mechanisms At International Development Finance Institutions (1993-2024), Reagan Ferris, David Hunter

Bibliography

This bibliography collects published and some non-published material relating to the World Bank Inspection Panel and other independent accountability mechanisms (IAMs) at international development finance institutions (IFIs). Not included are those reports, decisions, action plans, etc., that are generated by the IAMs or IFIs in processing a specific case and made available on the IAM’s website through, for example, a registry of cases. The bibliography is organized according to the following sections:

I. Publications Relating to Independent Accountability Mechanisms, including Books, Chapters, Articles, Working Papers, Dissertations, Reports, Newsletters, Press Releases, Statements, and Comments

II. Publications from International Organizations, including publications …

Election Law, Maureen A. Edobor, John J. Martin

Scholarly Articles

This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia’s campaign and election laws since 2015. Since then, Virginia’s voting and election statutes have changed significantly, making it one of the most accessible states to vote in, although the campaign finance regulatory framework remains relatively weak. This Article provides a general overview of the state of the law governing (1) campaign finance; (2) voter access and list maintenance; (3) election systems and administration; and (4) redistricting, focusing on significant updates in the past two decades.

Risk, Reimagined: The Untold Story Of Liability Laddering In Modern Commercial Dealmaking, Carrie Stanton

Scholarly Articles

In commercial contracting, bargaining parties regularly allocate risk in various ways, including contractual limitations of liability. However, it can be difficult to appropriately apportion responsibility for high-risk contingencies such as data breach. A seller may be unwilling to accept uncapped liability for a contingency whose cost could exceed the expected value of the transaction. Conversely, a buyer may be unwilling to live with only a general damages cap established as a rough-and-ready compromise for more ordinary contingencies. To surmount this impasse, which typically arises toward the end of a negotiation, deal lawyers have begun to craft elevated dollar caps, or …