Law Commons^™

The Making Of (Un)Certainty In Knowledge Production: Rhetoric At Play In A Heritability Controversy, Angelica Camacho, Dominique Robert

Qualitative Criminology (QC)

"(Un)certainty is not an inherent quality of a scientific assertion. It is rather the product of negotiations and collective work performed amidst noisy or quiet scientific debates. Using a controversy on heritability of crime-related behaviors as a case study, this paper proposes an analysis of the rhetoric at play to produce (un)certainty in publications presenting competing arguments. The controversy under study is at the heart of the legitimization of biosocial criminology, a contested field of study. The research shows that on the discursive front, three main strategies are used to modalize the (un)certainty of scientific claims over that of competing …

Prescribed Child Abuse? Using The Americans With Disabilities Act To Deconstruct Discrimination Against Medication For Opioid Use Disorder In Child Abuse & Neglect Proceedings, Makenzie Stuard

The Scholar: St. Mary's Law Review on Race and Social Justice

The opioid crisis has disrupted parent-child relationships across the United States. While states actively seek to remove children from households with current drug use in order to protect the children, state entities often fail to protect the parent-child relationship itself by imposing counterproductive policies and stereotypes on parents who are in treatment for their drug use, which makes maintaining "recovery" and parental rights an uphill battle. This note argues that the Americans with Disabilities Act (ADA) provides a novel path to root out discrimination in child abuse and neglect proceedings against parents who either take prescribed buprenorphine or are interested …

Police Shootings After Torres V. Madrid: Suspects Eluding Capture Are Seized Under Fourth Amendment, Travis R. Thickstun

The Scholar: St. Mary's Law Review on Race and Social Justice

In Torres v. Madrid, the Supreme Court held that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. Because this new rule brings even the slightest touches within the Fourth Amendment’s protections against unreasonable searches and seizures, it allows more claims against police officers for violations of the Fourth Amendment’s prohibition on unreasonable searches and seizures.

Until the Torres decision though, only when someone shot by police was actually taken into custody could that person sue the police officers …

Welcome To Texas: Home Of The Most Extreme Abortion Ban In The United States, Generating Vast Child Welfare Disparities, Bailey Harvey

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment uncovers the harsh trickling effects of overturning Roe v. Wade through focusing on the statistical nexus between the Texas’ foster care system, the victims of system cycling, and the criminal justice system. We are witnesses to watching the Court in 1973 from first balancing State’s interest and women’s fundamental rights to having the subject be a topic of the political battlefield.

Examining precedent and the reasoning behind the United States Supreme Court’s decision is a science, and the statistics continue to prove Texas’ child welfare systems are failing the children of America. Juvenile delinquency directly correlates with low …

Overturning Sffa V. Harvard, David Hinojosa, Chavis Jones

The Scholar: St. Mary's Law Review on Race and Social Justice

One of the first lessons law students learn is the importance of stare decisis. It not only serves as a tool to learn how to apply settled law to argument and persuasive writing, but foundationally stare decisis helps promote the public’s trust, confidence, and faith in the judicial system. Thus, when the Supreme Court issued its 6-3 opinion in 2023 in Students for Fair Admissions v. Harvard/University of North Carolina (“Harvard”), most onlookers viewed the decision as being the final nail in the coffin for affirmative action in higher education admissions. However, we—the authors—are among the minority.

In …

Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.

During the seven-decade Great Migration of the 20^th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …

Expanding Healthcare Access For The Undocumented Immigrant Community: The Heal For Immigrant Families Act Of 2023, Perla Torres Estrada

The Gettysburg Journal for Public Policy

When it comes to the topic of universal healthcare, most of us will readily agree that healthcare is a human right. Where this agreement usually ends, however, is on the question of who should be granted this right, and if it should be left to the free market to determine access and affordability. Specifically, the political debate on expanding healthcare access to undocumented immigrants in the United States revolve around concerns over costs, legality, and equity. Proponents maintain that it is a human right whereas opponents question the potential burden on taxpayers and the implication for immigration policy. The HEAL …

Operating Internationally Under The Current Patchwork Of National Exceptions And Limitations To Copyright (With An Ai Angle) Plus: Nevada Ip Statistics, Marketa Trimble

Media & Informal Publications

Professor Trimble delivered a presentation for the 2024 Intellectual Property Conference, hosted by the Intellectual Property Law Section of the State Bar of Nevada.

Brief Amicus Curiae Of Federal Courts Professor Derek T. Muller In Support Of Defendant-Appellant, Daniel F. Mummolo, Christopher G. Michel, Rachel G. Frank, Derek T. Muller

Court Briefs

No. 23-7173
David O'Connell v. United States Conference of Catholic Bishops

On Appeal from the United States District Court for the District of Columbia
1:20-cv-01365-JMC ∙ Honorable Jia M. Cobb

From the Introduction and Summary of Argument

The threshold question in this appeal is whether the Court has jurisdiction to hear it. The answer turns on the proper construction of 28 U.S.C. § 1291, which grants this Court jurisdiction over “appeals from all final decisions of the district courts.” In keeping with the provision’s text and history, both the Supreme Court and this Court have long understood Section 1291 to …

Unique Considerations In The Management Of Healthcare Among Fertile Women A Case Report On Chronic Myeloid Leukemia And Pregnancy, Hermione Yamyo Monie, Taha Al Hassan, Salomon Pardo Roca, Uchechi Ehiemua, Ramiro Leal

Research Colloquium

Background: With the overturning of Roe v. Wade, the management of women who are family planning has become more complex, highlighting the necessity for comprehensive and informed healthcare. This case report underscores the importance of holistic, interdisciplinary care for women with chronic conditions like Chronic Myeloid Leukemia (CML) who are planning for pregnancy. The novelty lies in the interplay between oncological treatment and reproductive health under current legal constraints.

Case Presentation: We present the case of a 32-year-old woman, G2P0010, with a history of CML and a previous spontaneous abortion. Initially believed to be in remission, she was started …

The Power Five: The Making Of Newsworthy Deal Teams, Tracey E. George, Mitu Gulati, Albert H. Yoon

Vanderbilt Law Review En Banc

No abstract provided.

Empowering Diversity Ambition: Brummer And Strine’S Duty And Diversity Makes The Legal And Business Case For Doing More, Doing Good, And Doing Well, Lisa M. Fairfax

Vanderbilt Law Review En Banc

No abstract provided.

The Diversity Risk Paradox, Veronica Root Martinez

Vanderbilt Law Review En Banc

No abstract provided.

A Duty To Diversify, Anat Alon-Beck, Michal Agmon-Gonnen, Darren Rosenblum

Vanderbilt Law Review En Banc

No abstract provided.

Diversity And Reimagining The Internal-External Dichotomy, Elizabeth Pollman

Vanderbilt Law Review En Banc

No abstract provided.

Rationalizing A Spousal Confidential Communications Privilege Fit For The Twenty-First Century, Emily Crawford Sheffield

Vanderbilt Law Review En Banc

No abstract provided.

Deciding Not To Decide: Mahanoy Area School District V. B.L. And The Supreme Court’S Ambivalence Towards Student Speech Rights, Jenny Diamond Cheng

Vanderbilt Law Review En Banc

No abstract provided.

Going Private: Climate Action By Businesses And Individuals, Daniel A. Farber

Vanderbilt Law Review En Banc

No abstract provided.

Patent Prior User Rights: What's The Fuss, Jacob Neu

Vanderbilt Law Review En Banc

No abstract provided.

The Contemporary Tax Journal’S Interview With Tony Coughlan, Enas J. Al-Mais

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal Volume 13, No. 1 – Summer 2024

The Contemporary Tax Journal

No abstract provided.

Antitrust Class Action To Challenge Collusion Among The World’S Six Largest For-Profit Publishers Of Peer-Reviewed Scholarly Journals, Lucina Uddin, Dean M. Harvey, Jallé H. Dafa, Benjamin A. Trouvais, Emily N. Harwell, Benjamin D. Elga, Janet Herold

Copyright, Fair Use, Scholarly Communication, etc.

Scholar and scientist Dr. Lucina Uddin (the “Scholar Plaintiff”) brings this antitrust class action to challenge collusion among the world’s six largest for-profit publishers of peer-reviewed scholarly journals: (1) Elsevier B.V.; (2) Wolters Kluwer N.V.; (3) John Wiley & Sons, Inc.; (4) Sage Publications, Inc.; (5) Taylor and Francis Group, Ltd.; and (6) Springer Nature AG & Co. KGaA (collectively, the “Publisher Defendants”). In violation of Section 1 of the Sherman Act, the Publisher Defendants conspired to unlawfully appropriate billions of dollars that would have otherwise funded scientific research (the “Scheme”).

The Publisher Defendants’ Scheme has three primary components. First, …

Evaluating The Texas Risk Assessment System (Tras) Predictors Of Revocation And Early Release In Adult Felony Probation, Sarah A. El Sayed, Carley R. Shelton, Michael F. Teneyck

Open Initiatives Grant Funded Publications-Archive

Although much is known about recidivism risk, less is known about factors predicting early release. The current study analyses a sample of 2,070 adult felony probation clients to see if offense characteristics, domains from the Texas Risk Assessment System (TRAS), and demographic variables impact both revocation and successful early release. Results revealed that predictors of early release mirrored those of revocation with one exception—race. Specifically, Black clients were 27% less likely to be granted early release. The findings highlight the TRAS is an effective tool to help mitigate bias for revocation of probation but not for granting early release.

State Of Utah, Plaintiff/ Appellee V. Cory Jason Thomas, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second District Court, Weber County, Honorable Judge Hyde, District Court Case No. 211900875

Hannah Leavitt-Howell, Jessica Hyde Holzer, Counsel for Appellant

Christopher F. Allred, Benjamin Gabbert, Counsel for Appellee

Malisa Neilson, Appellee V. Stephan Thomas Olsen, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Washington County, Honorable Eric A. Ludlow, District Court No. 224500531

Kit Erickson, Attorney for Appellee

Better Safe Than Sorry …. When The Lack Of Proper Tax Research Goes Wrong, Aizhan Toibazarova

The Contemporary Tax Journal

No abstract provided.

Does The Irs Have Statutory Authority To Assess Penalties Under Irc § 6038?, Jennifer Chang

The Contemporary Tax Journal

No abstract provided.

Navigating The Ins And Outs Of Amended Returns, Cheryl Cruz

The Contemporary Tax Journal

No abstract provided.

Taxation Of Decentralized Autonomous Organizations, Aizhan Toibazarova

The Contemporary Tax Journal

No abstract provided.

Uworld Review Questions

The Contemporary Tax Journal

No abstract provided.