Law Commons^™

The Intersection Of Dementia And Criminal Behavior, J. Taylor Humphrey

Marquette Law Review

As the number of individuals affected by dementia increases, the criminal justice system continues to face questions about dementia and criminal responsibility. However, gaps in the legal process have left these individuals, incapable of forming intent, vulnerable to wrongful punishment. Courts rely on traditional culpability frameworks that fail to account for the nuance in dementia-related cognitive decline, and, as a result, prisons are forced to function as de facto nursing homes lacking adequate resources to provide proper care. This Comment proposes treating dementia as a sliding scale, arguing for a context-specific response through streamlined crisis response, use of diversion programs, …

Partisan Impact? Rejecting The Wisconsin Supreme Court’S New Remedial Redistricting Criterion, Anthony Sikorski

Marquette Law Review

In Clarke v. Wisconsin Elections Commission, the Wisconsin Supreme Court struck down the districting maps for the Wisconsin Legislature that the court had adopted at the close of the Johnson v. Wisconsin Elections Commission trilogy of cases. In so doing, while the Clarke majority based its decision on the maps containing noncontiguous districts, in violation of article IV, sections 4 and 5 of the Wisconsin Constitution, it not-so-subtly introduced a new criterion that would be used to judge remedial maps: “partisan impact.” This Comment critiques the partisan impact criterion through a textualist lens, concluding that the Wisconsin Constitution does …

Hallows Lecture: Resorting To Courts Or To Community Conversations? Article Iii Standing As The Guardian Of Free Speech And Democratic Self-Governance, Michael Y. Scudder

Marquette Law Review

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Reform For Realists: The False Promise Of Condorcet Voting, G. Michael Parsons, Rachel Hutchinson

Marquette Law Review

As Americans grow disenchanted with democracy, many scholars suggest that election reforms may offer a path forward. The fastest growing of these reforms is ranked choice voting (RCV). In RCV elections, voters rank candidates in order of preference: first, second, third, and so on. The candidates with the least support are eliminated, and ballots that ranked those candidates count for their next choice instead. This method has over a century of use in public elections and provides proven benefits well-suited to many of the problems facing our country.

Yet some social choice theorists now argue that reformers have backed the …

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NYLS Law Review

No abstract provided.

Copyright Page

NYLS Law Review

No abstract provided.

Masthead Page

NYLS Law Review

No abstract provided.

Table Of Contents, Volume 69, Issue 1

NYLS Law Review

No abstract provided.

Smith V. Smith, Brett Mcallister

NYLS Law Review

No abstract provided.

United States V. Williams, Alexandra Mccloy

NYLS Law Review

No abstract provided.

Mcginity V. Procter & Gamble Co., Gabriella Landicino

NYLS Law Review

No abstract provided.

Us Dominion, Inc. V. Fox News Network, Llc, Benjamin M. Newman

NYLS Law Review

Following the 2020 Presidential Election, Fox News Network, LLC aired commentary from television hosts, correspondents, and guests who claimed that Dominion Voting Systems manipulated votes and promoted voter fraud to falsify election results. In March 2021, Dominion filed a defamation lawsuit against Fox News, alleging that Fox News “intentionally and falsely blam[ed] Dominion for President Trump’s loss by rigging the election.”

In April 2023, Fox News and Dominion settled the defamation suit for $787.5 million. Once the agreement was publicized, Fox News’s Chief Communications Officer boasted that Fox News would deduct the settlement amount from its taxes as an ordinary …

Copyright Page

NYLS Law Review

No abstract provided.

Masthead Page

NYLS Law Review

No abstract provided.

Table Of Contents, Volume 69, Issue 2

NYLS Law Review

No abstract provided.

The “Dealerization” Of America: The Sec’S Misplaced Attempt At Broker-Dealer Registration For All, Ernest Edward Badway, Abigail S. Badway

NYLS Law Review

With the new administration in office, now is an appropriate time to reconsider the United States Securities and Exchange Commission’s (the “Commission” or “SEC”) efforts to require all securities traders to register as dealers. Over the last several years, the Commission has pursued enforcement actions against individuals and entities for allegedly operating as unregistered dealers in violation of Section 15(a)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”). Notably, many of these actions involved convertible redeemable notes—debt instruments issuers can convert into common stock or redeem for cash. The SEC is now targeting established hedge funds, seeking expansive …

11 Years After Omnicare: Rethinking The Approach To Corporate Scienter, Kyle Lometti

NYLS Law Review

No abstract provided.

Natural Conclusion: Generative Ai Is Certainly Artificial But Not Really Intelligent, Christopher Kipiniak

NYLS Law Review

No abstract provided.

Betting On The Future: Regulating Microtransactions In Video Games And Proposing Comprehensive Consumer Protections, Andrew Shenberg

NYLS Law Review

No abstract provided.

Parker V. City Of Yonkers, Ryen Cinski

NYLS Law Review

No abstract provided.

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.

The "Not Seen" Effect Of International Financial Centers: Innovation In The Global Financial Ecosystem, Charlotte Ku, Andrew P. Morriss

South Carolina Journal of International Law and Business

International Financial Centers (IFCs) are hubs of legal and financial innovation, developing specialized frameworks that facilitate cross-border investment, enhance global capital mobility, and support economic growth. Through jurisdictional competition, professional clustering, and adaptive regulatory frameworks, IFCs have pioneered legal structures that enable enterprises of all sizes to participate in the global economy. Using case studies of the International Business Company, the Limited Liability Company, the Protected Cell Company, and advances in trust law and applying the theoretical frameworks of social scientist Richard Florida and psychologist Mihalyi Csikszentmihalyi, this article illustrates how IFCs serve as laboratories for financial experimentation, generating widely …

Evolutive Regime Assertion For The International Military Laws Of Outer Space: U.S. Legal Problems And Solutions Relating To The International Law Of Space Warfare, Matthew Lively

South Carolina Journal of International Law and Business

This article has three interrelated purposes. It 1) makes several novel contributions to and unite problematically disparate pieces of space law scholarship, 2) illustrates a disconnection between U.S. strategic space policies and the U.S. practice of military operations in outer space, 3) offers a new framework for international military space law, Evolutive Regime Assertion, that could remedy that connection and advance U.S. strategic interests while enhancing the safety of space operations for all the world. Evolutive Regime Assertion is mostly a prescriptive framework, but some of its elements are descriptive as well. In advancing the utility of the framework, this …

The Federal Trade Commission, Germany, And Non-Compete Agreements: An Analysis Of The Federal Trade Commission's Proposed Ban On Non-Compete Agreements And A Comparison To German Non-Compete Law, Madison Nicole Whiting

South Carolina Journal of International Law and Business

No abstract provided.

The Dark Side Of The Internet: The Facilitation Of Csam By Social Media Companies And What Should Be Done About It, Megan Holderness

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents, Administration, Faculty, Submission Information

South Carolina Journal of International Law and Business

No abstract provided.

Navigating The Seas Of History In International Law, Valentina Vadi

South Carolina Journal of International Law and Business

Inquiries into questions of time, history, and international law have recently come to the fore. So far, however, many studies have only examined developments in international law from a temporally and thematically fragmented, brief, and narrow perspective. Due to international law’s growing normative and institutional fragmentation and emphasis on specific crises, episodes, and events, many analyses focus on transient trends and particular facets of international law. This study suggests an alternative to these constrained viewpoints: a thorough, multilayered, and broad perspective to questions of international law, drawing on Fernand Braudel’s tripartite theory of time.

Braudel’s theory of time provides valuable …

Lambat Asal Selamat: The Slow But Safe Twenty-Five Year Recalibration Of Personal Bankruptcy In Malaysia, Jason J. Kilborn

South Carolina Journal of International Law and Business

A popular Malay proverb advises, “[L]et it be slow, as long as it is safe” (biar lambat asal[kan] selamat),1 combining the sentiments of two similar English proverbs: “haste makes waste,” and “slow and steady wins the race.” These principles certainly seem to have guided Malaysian lawmakers in the quarter-century, multistage development of the most important element of modern bankruptcy law: the discharge. Adopted in 1967,2 Malaysian bankruptcy law has long included a very limited debt discharge, but as it left more and more economically debilitated debtors in perpetual bankruptcy limbo, policymakers became dissatisfied with leaving a huge and growing mass …

Opening Remarks, Douglas J. Whaley

Emory Bankruptcy Developments Journal

No abstract provided.

Acceptance Remarks For The 2025 Distinguished Service Award For Lifetime Achievement, Jay Lawrence Westbrook

Emory Bankruptcy Developments Journal

No abstract provided.