Law Commons^™

Revolutionizing Justice: Law Enforcement Through The Lens Of Progressive Law, Musmuliadin Musmuliadin, Erlyn Indarti, Nur Rochaeti

Indonesia Law Review

When government functions must be carried out and cannot be halted, even if the law does not clearly or completely regulate them, the role of discretionary authority (discretion) becomes crucial. This is particularly evident in the discretionary authority held by the Indonesian National Police, which is essential both for the police themselves and in the execution of their duties in conducting investigations and prosecutions. This study focuses on the application and implementation of discretion by the police in conducting investigations and prosecutions, and how a progressive legal framework can revolutionize the pursuit of justice. By employing a qualitative analysis and …

Artificial Intelligence And Cracks In The Foundation Of Intellectual Property, Robin Feldman

UC Law Journal

Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the pool of creative work that is protectable by intellectual property (IP) law and the range of information that is protectable, as well as shrinking the value proposition of IP regimes themselves.

As society faces this changing landscape, we must tread carefully to distinguish fears about AI from the task of defining the boundaries of intellectual property, whose theoretic concepts aren’t designed to bear such weighty …

Construction Law, Peter Crofton, David Cook, Derek Andre

Mercer Law Review

Construction law is an ever-evolving field, and 2023 was no different. Over the past year, the state and federal courts in Georgia issued orders and opinions on a variety of topics affecting the construction industry, such as arbitration, construction insurance, and licensing. This article discusses some of the most important of these cases.

Stealing Graceland And Evicting Aunt Mary Ann: Real Property, Erica L. Sullivan

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2023, and May 31, 2024. This Article reviews several cases decided during the Survey period and highlights real estate trends and news both in Georgia and nationally.

Local Government, Jacob Stalvey O'Neal, Russell A. Britt, Mathis L. Gales, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M.Blake Walker

Mercer Law Review

As usual, the Survey saw multiple published cases involving the doctrine of sovereign immunity. Georgia courts clarified multiple sovereign immunity waivers, including waivers for injunctive and declaratory relief claims, waivers for nuisance claims, and waivers for claims involving negligent uses of government vehicles. This Article attempts to summarize the highlights and noteworthy cases.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2023, through May 31, 2024, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. The cases discussed fall under three categories: wills and the administration of decedents’ estates (including cases relating to testamentary capacity, inheritance by children born out of wedlock, undue influence, and the disposition of a decedent’s remains); trusts and trustees (specifically a trustee’s entitlement to have attorney fees paid from the trust when defending against charges of maladministration …

It Takes A Village: Why And How Georgia Should Afford Greater Protection To Juveniles During Police Interrogations, Lillie Tate Andrews

Mercer Law Review

On June 27, 1998, Lori Duniver discovered that her five-year-old daughter, Devan, was missing from her home in New Philadelphia, Ohio. The following day, Devan’s body was found in a wooded area near her home. The Duniver family’s twelve-year-old neighbor, Anthony Harris, was ultimately convicted of Devan’s murder and sentenced to a term of incarceration to last until his twenty-first birthday. However, on June 7, 2000, the Court of Appeals of Ohio reversed his conviction on the ground that the juvenile court had improperly denied a motion to suppress his confession, which was coerced in violation of his Fifth Amendment …

Under Observation: Wilson V. Inthachak Shows That Georgia’S Emergency Care Statute Still Lacks A Uniform Interpretation, Thomas S. Kiser

Mercer Law Review

This year, pro- and anti-tort reform forces met on the battleground of O.C.G.A. § 51-1-29.5(c), a statute that gives doctors increased protection from malpractice claims when they provide “emergency medical care in a hospital emergency department . . . .” When healthcare providers or hospitals are sued for negligence under these circumstances, the plaintiff must have clear and convincing evidence that the provider was grossly negligent, a greater hurdle than an ordinary medical malpractice plaintiff would need to overcome. While the statute is crystal clear in its purpose, Georgia courts have not reached a consensus regarding its application. Wilson v. …

Two Bites, Different Apples: The Georgia Supreme Court Revolutionizes Forty-Year Precedent On First-Offender Appeals In Howard V. State, Joshua R. Wright

Mercer Law Review

Since 1968, Georgia’s First Offender Act has provided for an alternative sentencing procedure for criminal defendants who have not previously been convicted of a felony. The Act allows trial courts to place a defendant on probation or sentence them to a term of confinement before a conviction and without entering a judgment. The significance of this procedure is that, if a defendant successfully completes the terms of their first-offender status, they are exonerated and the prosecution’s case is discharged by law. The former defendant receives no criminal conviction and their civil rights and liberties are preserved.

Post-Emption And The Mayoral Toolbox: Levers And Limits Of City Resistance To State Preemption, Quinton D. Lucas, Gavriel Schreiber

University of Chicago Law Review

States increasingly deploy aggressive preemption measures against disfavored localities. Scholars have raised the alarm, but cities’ subordinate legal status leaves them disempowered. To push back, municipal advocates need to thoroughly under- stand the complex bilateral relationship between cities and their states.

That is where I come in. As mayor of a progressive city in a conservative state, I swim in the hostile symbiosis that characterizes city-state relations. By drawing on real-life examples, closed-door conversations, and previously private documents, my coauthor and I demonstrate the potence of multipronged city power. We synthesize our stories into a thicker account of state motivation …

The Reconciliation Roots Of Fourth Amendment Privacy, Sophia Z. Lee

University of Chicago Law Review

The Roberts Court has made protecting “the privacies of life” a catchphrase of Fourth Amendment law in the digital era. The time is thus ripe for revisiting the doctrinal and political roots of this newly influential quote from the Court’s 1886 decision Boyd v. United States. Existing scholarship views Boyd and its paean to privacy as an opening salvo in the Supreme Court’s turn-of-the-twentieth-century deregulatory jurisprudence (often associated with the Court’s most famous substantive due process decision, Lochner v. New York). Scholars also assume Boyd’s emphasis on privacy was in keeping with the Founders’ view of the Fourth Amendment.

This …

When The Taker Goes Broke: Takings Claims In Municipal Bankruptcy, Joshua Kayne Kaufman

University of Chicago Law Review

When a municipality takes property, the former owners can allege a violation of the Takings Clause and try to recover just compensation. But what should happen when the municipality goes broke and enters municipal bankruptcy? Can the municipal Bankruptcy Code empower judges to release municipalities from their obligation to pay just compensation through a discharge? Or does the Takings Clause provide special constitutional protection to claims for just compensation from a municipality that immunizes the claims from discharge? This issue has played out in municipal bankruptcies in Detroit, Michigan; Stockton, California; and Puerto Rico—and courts are deeply divided on the …

Solving The Housing Puzzle, George J. Vojta

University of Chicago Law Review

This Comment analyzes the entrance of institutional investors into the single- family rental market after the Great Recession of 2008. The collapse of the housing market during the Great Recession fundamentally changed the ownership structure of U.S. single-family homes in two distinct ways. First, the number of families renting single-family homes soared. And second, institutional investors entered the single-family home market, buying many homes and converting them into rental properties. This postrecession reality has introduced a housing puzzle: the pricing trends of single-family rentals in the decade after the Great Recession suggest that institutional investors have captured monopolistic power over …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Contractual Commitments And The Right To Change Religions, Michael A. Helfand

North Carolina Law Review

No abstract provided.

Viewing The Unseen: Requesting Accommodation For Non-Visible Disabilities Under The Ada After Kelly V. Town Of Abingdon, Jason Naulty

North Carolina Law Review

No abstract provided.

Interrogating Miranda’S Custody Requirement, Lauren E. Clatch

North Carolina Law Review

No abstract provided.

Disability Discrimination By Clinical Algorithm, Elizabeth Pendo, Jennifer D. Oliva

North Carolina Law Review

No abstract provided.

Snake Oil And Second Chances: A Legal Analysis Of Political Party Switching And A Framework For Stakeholder Remedies In North Carolina, Gabrielle Schust

North Carolina Law Review

No abstract provided.

Case Brief: State V. Abbitt, Kathryn Turk

North Carolina Law Review

No abstract provided.

Case Brief: In Re R.A.F.–Beware Of The "Haunting Specter", Sam W. Scheipers

North Carolina Law Review

No abstract provided.

Case Brief: Carolina Youth Action Project V. Wilson, Megan Mills Rash

North Carolina Law Review

No abstract provided.

New Approaches And Challenges Regarding Trade, Climate Action, And The Wto, Sunayana Sasmal

Columbia Center on Sustainable Investment

This report considers how the WTO, as an institution and its rules, can and should be a game-changer in undertaking climate action and the green energy transition globally. By leveraging its toolkit, the WTO has the potential to drive climate action, from regulating border carbon adjustments to promoting trade in green products, green electricity, and dissemination of climate technologies. However, unlocking this potential requires legal reforms, a proactive institutional role, and strong political will from WTO members.

Becoming Golden: The Udsl Law Review Turns 50, Nicholas Daniel Seger

University of Dayton Law Review

No abstract provided.

De Novo Déjà Vu: The Inequitable Consequences Of The Remand Process Under New Jersey Municipal Land Use Law, Timothy R. Jinks

University of Dayton Law Review

No abstract provided.

Navigating Legal Currents: The Constitutional Quandary Of Redefining “Navigable”, Brodi Voight

University of Dayton Law Review

No abstract provided.

Three Proposals For Fixing The Tcja, Reuven S. Avi-Yonah

Articles

The year 2025 promises to be important in U.S. tax history for three reasons. First, the expiration of the individual provisions of the Tax Cuts and Jobs Act means that Congress is very likely to enact important tax legislation to prevent tax increases for millions of individual taxpayers. Second, a new administration frequently means tax legislation, typically through budget reconciliation if the same party controls Congress (1981, 1993, 2001, 2017, 2022). Third, the trifecta of Supreme Court decisions in 2024 (Moore, Corner Post, and Loper Bright) suggests that there may be a spike in litigation challenging various tax provisions as …

Next Steps In Online Courts: Accelerating Access To Justice Through Court Technology, J.J. Prescott

Articles

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

How Adr Can Be Implemented As A Useful Tool With Contract Disputes Between Agents And Their Clientele, Leora Perlstein

Cardozo Journal of Conflict Resolution (CJCR) Blog

The entertainment, sports, and arts industry is a fast-paced and profitable field that draws in a wide range of stakeholders, such as producers, artists, labels, and agents. Contracts play a vital role in safeguarding the interests of all parties in the entertainment industry; they clarify the terms of agreement, protect intellectual property rights, and offer a framework for resolving disputes. Although the idea behind contracts sounds positive and secure for a client, there are darker portrayals of the arts and entertainment industries— or, for example, a record company— which may try to stifle a young artist’s creativity through deception in …

Regulating Robo-Advisors In An Age Of Generative Artificial Intelligence, Daniel Schwarcz, Tom Baker

Law & Economics Working Papers

New generative Artificial Intelligence (AI) tools can increasingly engage in personalized, sustained and natural conversations with users. This technology has the capacity to reshape the financial services industry, making customized expert financial advice broadly available to consumers. However, AI’s ability to convincingly mimic human financial advisors also creates significant risks of large-scale financial misconduct. Which of these possibilities becomes reality will depend largely on the legal and regulatory rules governing “robo-advisors” that supply fully automated financial advice to consumers. This Article consequently critically examines this evolving regulatory landscape, arguing that current U.S. rules fail to adequately limit the risk that …