Law Commons^™

New Legal Realism At 20: Rethinking Law In An Era Of Populism And Social Movements, Jeffrey Omari, Pablo Rueda-Saiz, Richard Ashby Wilson

Connecticut Law Review

This Article critically examines the New Legal Realism (NLR) movement on its twentieth anniversary and illuminates its distinctive intellectual contributions. In evaluating NLR’s unique methodological and substantive contributions, we explore the movement's relationship to other interdisciplinary theories and empirical approaches to law. NLR approaches show a commitment to a comparative, crossnational exploration of legal phenomena while allowing for grounded generalizations about the relationship between law and society. NLR approaches embrace a diverse range of methods and emphasize the importance of “looking up, down, and sideways.” Notably, NLR embraces both “top-down” and “bottom-up” methods, providing comprehensive insights into the intricate interactions …

Do Rural Places Matter?, Stephen Clowney

Connecticut Law Review

Rural communities are at a crossroads. On one hand, small towns continue to receive robust support from the federal government. Congress sends billions of dollars in agricultural support, homeownership subsidies, and infrastructure spending to rural places every year. Yet, despite ongoing federal investment, conditions in rural America have deteriorated. Economic growth, educational opportunities, and health outcomes in rural places all lag behind the rest of the country.

This Article asks what has gone wrong. Why do rural communities continue to lose ground despite such significant outlays from Congress? This Article contributes to the ongoing debate about the future of the …

Imperfect Protection Against Perfect Enforcement: When Procedure Is Not Enough, William S. Fallon

Connecticut Law Review

Government technology that exclusively detects illegal conduct is per se constitutional. Today, the Fourth Amendment provides no protection—zero—against government technology that identifies illegality without also revealing private, innocent behavior.

Meanwhile, alarmingly, government is rapidly developing—and deploying— technology that bypasses the need to examine private, innocent behavior in its detection of wrongdoing. Government can know there is contraband in your bedroom drawer without the need to rummage through that drawer, your home, or any of your private information and possessions. Government can know there is illegal content on your phone without the need to search through that phone or any of …

Treating The Administrative As Law: Responding To The “Judicial Aggrandizement” Critique, Chad Squitieri

Scholarly Articles

Modern separation-of-powers jurisprudence—including key decisions decided during the Supreme Court’s 2023-24 term—has been critiqued on the grounds that it constitutes “judicial aggrandizement,” i.e., that it impermissibly empowers federal courts to decide separation-of-powers questions better left to Congress and the President. This “judicial aggrandizement” critique goes too far to the extent it suggests that federal courts may not play any role in enforcing the separation of powers. After all, ours is a system of a President and Congress constrained by a written Constitution—not a King in Parliament free to act outside of judicial constraint. But the “judicial aggrandizement” critique is persuasive …

2023-2024 Annual Report, Stephanie C. Miller

Law Library Annual Reports and Assessments

No abstract provided.

Teaching Constitutional Law In A Crisis Of Judicial Legitimacy, William Baude

Chicago-Kent Law Review

No abstract provided.

On Teaching Constitutional Law: Challenges And Opportunities, Christopher W. Schmidt

Chicago-Kent Law Review

No abstract provided.

Teaching Constitutional Change, Carolyn Shapiro

Chicago-Kent Law Review

No abstract provided.

From Constitutional Law To Constitutional Change, Steven D. Schwinn

Chicago-Kent Law Review

No abstract provided.

Power To The People: Finding Solutions To Partisan Gerrymandering In A Post-Rucho World Through Independent Redistricting Commissions, Paul T. Ansani

Chicago-Kent Law Review

No abstract provided.

Whatcha Gonna Do When They Come For You? Assessing The Damage Associated With The Rise Of Reality Tv Policing And Proposing Avenues For Accountability And Reform, Danielle Taylor

Chicago-Kent Law Review

No abstract provided.

An Antitrust Tap-In: How The Pga Tour Violated The Sherman Act And Why The Department Of Justice Should Do Something About It, Lyndi Mcvey

Chicago-Kent Law Review

No abstract provided.

Criminal Law, K. David Cooke Jr., Andrew M. Healy

Mercer Law Review

The purpose of this Article is to review a selection of recent opinions from appellate courts that affect the practice of criminal law in a few important categories. This Article seeks to give guidance to both prosecutors and the defense bar in these areas, with an eye towards highlighting statements in opinions, concurrences, and dissents that display the Justices’ concerns of the current state and application of the law or projections of where the law can and should be.

Artificial Authorship On The Big Screen: Regulating Ai In Scriptwriting, Cassie Larson

UC Law SF Communications and Entertainment Journal

While the rise of artificial intelligence (AI) offers exciting, new creative possibilities for the entertainment industry, it also threatens to replace or undercompensate the humans who have been at the backbone of the industry since its inception. AI’s increasing ability to generate human-quality content raises concerns about job displacement and copyright ownership for scriptwriters. While the recent Writers Guild of America (WGA) strike secured several protections, the unique and rapidly evolving nature of AI requires that further legal safeguards be created. This Note argues for additional regulations to ensure that AI remains a collaborative tool for scriptwriters and not a …

Toxic Minimalism On The “Yolo” Court: The Supreme Court’S Dangerous Muddle In First Amendment And Speech-Adjacent Law, Matthew D. Bunker, Emily Erickson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Impossibility Of Artificial Inventors, Matt Blaszczyk

UC Law Science and Technology Journal

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many of the courts all over the world. This Article analyzes these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. This Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans …

Facial Recognition Technology In The Market: What Consumers Need To Know To Protect Their Rights, Liubov Kirzhakova

UC Law Science and Technology Journal

Facial recognition technology (FRT) has rapidly expanded in consumer products over the last decade, offering convenience, but raising significant privacy concerns. This article examines the implications of FRT on consumer privacy, emphasizing the unique risks associated with biometric data. Unlike other personal data, biometrics are biologically unique and irreplaceable, making unauthorized access and misuse particularly harmful. Despite the growing consumer awareness and concern about data privacy, current legal protections are fragmented and insufficient. This article provides a comprehensive analysis of how FRT is integrated into products and services and highlights the privacy risks associated with each. It reviews existing federal …

Re(De)Fining Patent Eligibility, Lauren Hong

UC Law Science and Technology Journal

The patent system is at the heart of America’s innovation scene, serving as the lifeline for America’s status as an industrial titan as it seeks to inspire inventors worldwide to innovate and discover. The confines of patent-eligible subject matter were set out by Congress through the power vested by the Constitution, and these boundaries have been re(de)fined as the Supreme Court has carved out exceptions to these standards including: laws of nature, abstract ideas, and natural phenomena being excluded from patentability. In response to criticisms of legal uncertainty surrounding patent-eligibility under the current regime, two senators have introduced The Patent …

Protection Of Nuclear Facilities In Warfare Under International Law, Gary Corn, Sean Watts

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Teaching Law Amidst Convulsive Doctrinal Change, Harold J. Krent

Chicago-Kent Law Review

No abstract provided.

The Evolving Role Of Copyright Law In The Age Of Ai-Generated Works, James Hutson

Faculty Scholarship

Objective: to identify the prospects and directions of copyright law development associated with the increasing use of generative artificial intelligence.

Methods: the study is based on the formal-legal, comparative, historical methods, doctrinal analysis, legal forecasting and modeling.

Results:the article states that the emergence of generative artificial intelligence makes one rethink the processes occurring in the field of creative activity and the traditional copyright system, which becomes inadequate to modern realities. The author substantiates the necessity of legal reassessment of copyright and emphasizes the urgent need for updated means of copyright protection. Unlike previous digital tools, which expanded …

Labeling Energy Drinks: Tackling A Monster Of A Problem, Meredith P. Mulhern, Michael S. Sinha

Journal of Food Law & Policy

Energy drinks first rose to popularity in the 1980s after the creation of Red Bull. In addition to high caffeine amounts, energy drinks often contain herbal stimulant additives, vitamin and mineral mixtures, and sugar. There is very little information available on the long-term effects of these stimulant mixtures on the body. Although many consumers purchase energy drinks because of their caffeine content, many are left in the dark when it comes to labeling transparency and are unaware of their true contents. Energy drinks are classified as dietary supplements, meaning they are not directly regulated by the FDA before hitting store …

Forced To Weather The Storm: Reforming The Livestock Indemnity Program To Improve Farm Animal Welfare, Cameron Krier Massey

Journal of Food Law & Policy

Each year, extreme weather events put the lives and wellbeing of millions of farm animals at risk. These events can lead to injury, suffering, acute and chronic stress, decreased productivity, and loss of life. As storms increase in frequency and intensity, efforts should be made to ensure livestock are protected. This paper proposes modifications to the Livestock Indemnity Program (LIP), a federally run disaster assistance program that compensates livestock owners and growers for animal deaths and reduced value caused by eligible conditions, including extreme weather. Surprisingly, the program does not require producers to show proof and use of a disaster …

Udder Confusion: An Almond Milk Case Study To Examine The Complex Interplay Of Consumer Choices, Social Media, And Regulation, Madeline Mcculloch

Journal of Food Law & Policy

The preference for plant-based diet options has steadily increased for the American public. This is all particularly true for alternative milks. By the end of 2020, plant-based milk alternatives (“PBMA”) accounted for approximately fifteen percent of the total milk market and thirty-five percent of the overall plant-based market, making alternative milks, particularly almond, one of the most popular ways for people to dabble in a plant-based diet. Almond milk holds the gold in the U.S. plant-based milk market. It is, first, essential to examine the comprehensive context surrounding almond milks’ status on grocery shelves. This writing will attempt to do …

How White Supremacy Travels Through Time: Anti-Literacy Laws, Dei Bans, And The Issue Of Black Self-Determination In Public Health., Nicole V. Ford

Electronic Theses and Dissertations

This dissertation used a qualitative policy content analysis (PCA) of historical anti-literacy laws and modern DEI bans to answer two research questions: What is the connection between anti-literacy laws and DEI bans? How do anti-literacy laws and DEI bans create an environment that maintains white supremacy? A PCA exercise informed the analysis of historical anti-literacy laws in South Carolina (1834), Georgia (1829), North Carolina (1830), Louisiana (1830), Virginia (1831), and Alabama (1833) and modern DEI bans in Texas (2023), Alabama (2024), and Florida (2023) to find the connection between the laws. Findings from this dissertation illustrate how white supremacy operates …

Civil Liability And Intra-Fraternal, Sexually Predatory Behavior, Gregory S. Parks, Ryan W. Mckee

SMU Law Review Forum

Sexually predatory behavior has long been an issue within many institutions and organizations. The Catholic Church has been scrutinized for the involvement of Popes, priests, nuns, and others as perpetrators and enablers of child sexual abuse. Reports of child sexual abuse dating back as far as the 1940s have plagued the Catholic Church in both the US and Europe, with estimates in the US across all dioceses suggesting over four thousand priest/deacon perpetrators and over ten thousand victims affected between the 1950s and 2002. Similarly, sexual abuse has been an issue in the Boy Scouts of America, dating back to …

Transplantation And Immortality: A Selective History Of Boston University’S Center For Health Law, Ethics & Human Rights, George J. Annas

Faculty Scholarship

The celebration of the anniversary of the Center for Health Law, Ethics & Human Rights (the “Center”) provides an opportunity to reflect on what defines the field of health law, as well as its conjoined twins of bioethics and human rights. The related fields are vast, and the subjects they encompass are ever-expanding. It is probably impossible to lay out a summary that does justice to their expansive, interdisciplinary scope. Instead, my discussion of the Center examines a subject that barely existed when the Center was formed in 19581 and that continues to make headlines more than sixty–six years later …

Just Fix The Damn Payment System!, Frances H. Miller

Faculty Scholarship

This piece takes as a given that we are stuck with our fragmented, inefficient, multi-payor health care system for at least the short run. It then analyzes the deficiencies of three payment mechanisms whereby regulators (including Congress) have invited private sector providers to help ameliorate perceived problems. The first concerns an inadequate supply of nursing home beds in the early ‘70s, the next focuses on Medicare Advantage as a supposedly superior cost containment alternative to traditional Medicare, and the final one involves the ‘devil’s bargain’ struck with the pharmaceutical industry to get prescription drug coverage added to Medicare. All three …

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …

The Legality Of Revenue Disbursement From An Economic Measure Agreed At The International Maritime Organization For Purposes Other Than The Decarbonisation Of International Shipping, Blánaid Sheeran

Sabin Center for Climate Change Law

This analysis fills a gap in the existing legal literature on the adoption of a greenhouse gas (GHG) pricing mechanism at the International Maritime Organization (IMO or Organization). First, it investigates whether the adoption of a GHG pricing mechanism which includes the potential use of funds for purposes aside from the decarbonisation of international shipping is within the general competence of the IMO. Providing an affirmative interpretation, it then considers the adoption of such a measure as an amendment to Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL). The analysis concludes that a broad …