Law Commons^™

No Knock? No Case: Prosecutorial Deterrence As A Countermeasure To No-Knock Warrants, Tamika Griffin Moses

Law Faculty Publications

The high-profile deaths of Amir Locke and Breonna Taylor ignited a national debate surrounding the legitimacy of no-knock warrants. Their deaths are part of a cycle of reaction and inaction that permeates this debate. As the impacted communities and segments of the populace respond by demanding that federal and state legislatures abolish or severely restrict the use of no-knock warrants, they are met with inaction. The legislative bodies have failed to pass laws banning the warrants and judges continue to sign them. This inaction continues to undermine the public’s trust in law enforcement and challenges the legitimacy of a democracy …

Privileging Genetic Privacy, Natalie Ram

Emory Law Journal

Right now, research is being done on the genetic material or genetic information of practically every person in the United States, often without their knowledge or consent. These vast stores of research materials offer a tempting target for law enforcement, who have sought to obtain DNA profiles from as many sources as possible. This Article makes the case that this scenario should trouble us—and also that there are existing legal tools that could guard against it.

In so doing, it makes four contributions to the existing literature. First, it identifies the unique features of research genetic data that make …

Instruments Implementation Audits And Development Strategies For Taiwan As A Non-Member State Of The Imo, Hui-Huang Tai, Tun-Hao Hsu

Journal of Marine Science and Technology–Taiwan

The International Maritime Organization (IMO) has formulated numerous maritime-related conventions. The promotion of mandatory audits is required to ensure that the implementation of maritime management systems in various countries complies with the IMO Instruments Implementation Code (III Code) and that both member states and non-member states implement these conventions. This is not only an obligation but also a responsibility for all countries to promote the development of the maritime industry. This study investigates how Taiwan, one of the non-member state of the IMO, implements the audit process and develops future implementation strategies for various maritime conventions. This issue is of …

From The Editor, Sydney Weigert

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Developing A True North For Regulating At: The Importance Of Protecting Consumers And Promoting Innovation, Phil Weiser

Colorado Technology Law Journal

No abstract provided.

The Untold History Of "Harmful Interference" In The Regulation Of Radio Frequency Communications, Peter A. Tenhula, Carl R. Frank

Colorado Technology Law Journal

No abstract provided.

The Mental State Of Expression: Generative Ai And The Latent Mens Rea Of Copyright, Dane Fogdall

Colorado Technology Law Journal

No abstract provided.

Who Owns The Digital Athlete?, Kevin Nguyen

Colorado Technology Law Journal

No abstract provided.

Code As Content: Open Source Software And Platform Liability, Jessica Cheng

Colorado Technology Law Journal

No abstract provided.

Internet Infrastructure And Content Moderation In The Shadows, Jelena Laketic

Colorado Technology Law Journal

No abstract provided.

Bridging The Information Gap Between Criminal Law And Psychological Science, John B. Meixner Jr.

Scholarly Works

Some of the most pressing issues in American criminal law—the dominance of plea bargaining, vast executive discretion, and systemic racial disparities—turn on fundamentally empirical questions. Yet, while legal academics largely analyze these issues through doctrinal or theoretical lenses, psychologists and criminologists frequently study the exact same phenomena using empirical methods. Surprisingly, these fields operate almost entirely independently. The legal academy consistently overlooks substantial psychological research that could inform normative arguments, while psychologists often design studies without crucial context from criminal legal scholarship. This chapter outlines the contours of this critical information gap and proposes solutions to bridge it.

An Analysis Of The Russo-Ukrainian War, Daniel Braslavsky

Dissertations and Theses

This thesis is a deep analysis of Russia’s aggression against and full-scale invasion of Ukraine, commonly referred to as the Russo-Ukrainian War. This is the largest conflict in Europe since WWII with devastating implications for Europe and the world. First it examines the root causes and political ideologies at play to understand why Vladimir Putin decided to launch his invasion in the first place. Then it puts together a chronological history of the war broken up into the post-Euromaidan period including the Russian annexation of Crimea and war in the Donbas (2014-22), and Russia’s full-scale invasion (2022-present). Next it reviews …

Breaking The Bind: Rethinking Non-Compete Agreements In A Federal Framework, Stephen Hendricks

Chapman Law Review

In April 2024, the Federal Trade Commission (FTC) adopted a sweeping rule that bans most non-compete agreements nationwide. Though well-intentioned, the FTC’s categorical prohibition neglects the complex interplay between worker mobility, employer investment, and the protection of legitimate business interests. This Article contends that the United States must move beyond the current false binary of complete prohibition or unregulated enforcement. Drawing on comparative legal analysis, it proposes a federal framework modeled on Germany’s Karenzentschädigung system, under which employers must provide post-employment compensation—typically fifty percent of prior salary—to enforce non-competes.

After tracing the evolution of non-compete doctrine in American law, this …

Social Media, Populism, And Militant Democracy: An Argument For A Change In First Amendment Doctrine, Arvid Kerschnitzki

Chapman Law Review

The First Amendment is often hailed as the cornerstone of American self-government, but the digital age has transformed the public discourse it was meant to protect. Social media platforms, once envisioned as a modern marketplace of ideas, now amplify misinformation, entrench echo chambers, and enable mass manipulation, threatening the democratic ideal of an informed citizenry.

While the current First Amendment doctrine rightly emphasizes the importance of public discourse, that discourse must be inclusive, rational, and reliable to serve its democratic function. Drawing on the concept of militant democracy, this Article argues that contemporary doctrine has lost sight of free speech’s …

Technological Change And The Evolution Of Patent Rights, Paul Rogerson

Chapman Law Review

The history of patent law is characterized by a striking pattern: dramatic, recurring cycles between eras of stronger and weaker patent rights. One theory is that patent law has been adapting to waves of technological change. In periods of rapid technological progress, following major breakthroughs (like the steam engine or the microprocessor), freely granting patents tends to create thickets of overlapping claims that block innovation, and courts have reacted by weakening rights (raising the standard to obtain and enforce a patent).

Existing histories, relying on qualitative methods, have argued that this theory explains certain nineteenth-century legal developments, but have questioned …

Avoiding The Siren Call Of The Clock In “Unreasonable Delay” Data Breach Notification Cases, Evan Yahng

Chapman Law Review

As online personally identifiable information, data breaches, blockchain, Artificial Intelligence, and other trends in the cyber ecosystem proliferate, courts must confront legal questions about data privacy that past courts have kicked down the road. One such question that courts and scholars have yet to properly interrogate is what constitutes “unreasonable delay” in violation of state data breach notification statutes.

All fifty states, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam have laws requiring companies that hold data to provide notice to data subjects in the event such data is compromised. But courts have been able to punt …

Beyond The Threshold Of Protection: Examining Non-Refoulement's Erosion In Contemporary Refugee Law Through The Eu-Turkey Agreement, Aya Osman

Dissertations and Theses

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration …

The Rise Of China: Economic Expansion, Military Modification And The Belt And Road Initiative, Felix Padilla

Dissertations and Theses

In order to analyze China’s rise in power, we have to examine how China has achieved this growth. We need to observe their domestic reforms, international initiatives like the Belt and Road Initiative (BRI), and strategic military advancements. This thesis focuses on China’s economic integration, market reforms and military modernization. The thesis uncovers the effects of this rise on global governance and power balances, especially in trade, security, and geopolitics. I analyze China's vision of a multipolar world and how it contrasts with the current global order and how this fuels rivalry with the U.S. and other powers. China's rise …

The Sword, The Purse, And The Pen: The Constitutional Conundrum Of Impoundment, William N. Chance

CMC Senior Theses

This Thesis explores the constitutional conundrum of executive impoundment, the practice by which the President of the United States withholds or delays the expenditure of funds appropriated by Congress. Although impoundment has deep historical roots dating back to the Constitution’s Framers, its modern use raises profound questions regarding our separation of powers. This Thesis establishes a functional framework that distinguishes between “routine” impoundments, which promote administrative efficiency, and “policy” impoundments, which may undermine congressional intent. Furthermore, after tracing the development of impoundment from the early Republic through the Nixon Administration and the passage of the Impoundment Control Act of 1974, …

Aviation Cybersecurity And Third-Party Software Service Providers: Do Companies Like Crowdstrike Get A Free Pass To Create Cyber Vulnerabilities?, Claire Konerza

Journal of Air Law and Commerce

Commercial aviation has steadily become the busiest and most efficient means of travel across the world. In order to keep up with the increasing demands of its customers, the industry has undergone numerous digital and technological transformations in recent years. Collision avoidance systems have allowed for more planes in the skies, online ticket reservations have made booking a flight as simple as a few clicks, and in-flight wi-fi allows passengers to engage in both work and leisure at 30,000 feet. Overall, these innovations have increased safety, capacity, and convenience for both airlines and their customers. However, these transformations have also …

Lawyers And Public Service: Duty, Faith, And The 'Good Republican' In The West Wing, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Popular culture reveals much about the perceived role of lawyers in contemporary life. In this article, I draw lessons from the portrayal of lawyers in Aaron Sorkin's classic television series, The West Wing. As a drama centred around a Democratic presidential administration, Republicans often provide the foil. From time to time, however, the show lionizes what might be termed ‘the good Republican’. That ‘good Republican’ is most often a practicing lawyer whose desire to serve is grounded in duty or faith. In this essay, I use a trio of these characters to explore the role of lawyers in public service. …

Interest-Holder Priorities For Health Surveillance Of People Incarcerated In Canada: A Qualitative Study, Jessica Gaber, Njideka Sanya, Alice Cavanagh, Savage Bear, Sara Howdle, Iridian M. Grenada, Michelle Howard, Adelina Iftene, Fiona G. Kouyoumdjian

Articles, Book Chapters, & Popular Press

Objectives: As a core function of public health, health surveillance for people who are incarcerated could address gaps in knowledge regarding their health status. The views of people who could use these data and who are included in health surveillance data should inform health surveillance. In this study, we aimed to identify the priorities of interest-holders for health surveillance of people incarcerated in Canadian correctional facilities.

Study design: We conducted an overall qualitative descriptive study with an embedded reflexive thematic analysis and a qualitative content analysis.

Methods: We conducted virtual or phone-based focus groups and interviews with people across Canada, …

Fingerprints Of Injustice: The Truth Behind Artificial Intelligence And Algorithmic-Driven Evidence,, Aubrey Butler

Chapman Law Review

Artificial intelligence (AI) has steadily grown in prominence, reaching into nearly every aspect of daily life, and the legal system is not immune from its influence. As various forms of machine evidence have been admitted in court, there has been an accompanying rise in concerns from researchers, judges, and defense attorneys as to the trustworthiness and reliability of this new category of evidence.

Though AI and machine evidence takes various forms, this Note focuses on some of the most prominent programs being used in courtrooms today, namely the probabilistic genotyping software TrueAllele and the recidivism rate prediction software COMPAS. The …

Is This Cultural Property Law?: The Emerging Norm Of Voluntary Repatriations, Erin L. Thompson

Chapman Law Review

As the public’s awareness of the histories of theft and smuggling that brought many cultural artifacts from their communities of origin to American collections has grown, attitudes toward the ethics of retaining these artifacts has also shifted. This presentation will first consider challenges posed by existing legal remedies available for source countries who seek to reclaim their heritage and then discuss the emerging practice of voluntary repatriations, which occur when the current owner of an artifact returns it to a source country or community even though legal authorities would likely not compel its surrender.

On Copyright And Social Policy, Graham Reynolds

All Faculty Publications

This paper advocates for a view of copyright not as economic incentive or reward, but as a critical piece of a broader social policy, the goal of which is to help build a just and inclusive society. Copyright can play an important role in helping build such a society, in that the exclusive rights granted to creators under copyright legislation, as well as the limits placed on those rights, can be structured in ways that help advance this goal. However, copyright alone can only do so much. In seeking to build a just and inclusive society, copyright must be embedded …

Nil Education At Universities As Student Athletes Face The Wild West, Ainsworth A. Bailey, Geoffrey Christopher Rapp, Shawn Tysiak

Fordham Law Review

No abstract provided.

Title Ix And Athlete Compensation In The Postamateurism Era, Erin Buzuvis

Fordham Law Review

No abstract provided.

Of Labor, Antitrust, And Why The Proposed House Settlement Will Not Solve The Ncaa’S Problem, Marc Edelman, Michael A. Carrier

Fordham Law Review

The National Collegiate Athletic Association (NCAA) recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, the NCAA seeks to follow in the footsteps of the National Football League (NFL), which has enjoyed thirty years of labor peace. But there is a big difference between these two situations. The NFL’s 1993 settlement in White v. National Football League was shielded from antitrust scrutiny by the nonstatutory labor exemption, which encourages collective bargaining activity. No such exemption protects the NCAA’s settlement. This Essay explains why the NCAA cannot establish a …

Life After Employee-Status In College Sports, Marc Edelman, John T. Holden, Michael A. Mccann

Fordham Law Review

National Collegiate Athletic Association; NCAA; college sports; intercollegiate sports; college athletes; college-athlete employee; amateurism; worker; employee; employment status; collective bargaining; single-employer bargaining units; Multiemployer Bargaining Units; Joint Employer Bargaining Units; antitrust