Law Commons^™

Dobbs And Sterilization Decision-Making: Understanding The Coercive Spillover Effects In Reproductive Choice, Thomas Williams

Scholarly Articles in Law Reviews & Journals

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of …

The Spy In Your Pocket: Montana’S Tiktok Ban And The Federalism Limits Of State-Level Foreign Policy, Wei Luo

UC Law Constitutional Quarterly

In May 2023, Montana became the first state in America to ban the social media app TikTok. This article proposes a two-prong analytical framework for evaluating the federalism limits of Montana’s TikTok ban (SB 419) and similar laws that other states might enact in the future. The first prong is a mandatory constitutional analysis of whether the state law runs afoul of restrictions on states’ foreign policy powers. These limits are threefold— Article I, Section 10, preemption, and the dormant Commerce Clause. This article focuses on federalism limits that only the states face and does not explore other constraints that …

The Undignified First Amendment, Douglas E. Edlin

UC Law Constitutional Quarterly

Many commonly understand the constitutional right of free speech as an individual right of expression. One reason for this is the ascendance of the dignitarian or autonomy theory of free speech, which has supplanted the marketplace and democratic conceptions as the predominant theory of speech rights in the United States. As a result, scholars, judges, and citizens usually focus on the rights of speakers. But the United States Constitution does not describe a right to speak; the First Amendment protects a right to speech. This article argues that the preoccupation with the dignitarian basis for speech as expression has distorted …

The Case For Mediation Representation Clinics And Externships, John Lande

Faculty Publications

This article recommends that law schools offer mediation representation clinics and externship courses to assist self-represented litigants in cases with legally-represented parties. These courses would prepare law students to practice in the modern world. Students would get experience working with real clients, conduct interviews, help clients assess their goals and interests, analyze claims, perform legal research, prepare documents, coordinate with mediators, and negotiate with counterpart attorneys.

The courses would address the needs of multiple stakeholders including self-represented litigants, law students, law schools, courts, attorneys, mediators, and society in general. Law schools would develop these courses in collaboration with many potential …

Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula

Elisabeth Haub School of Law Faculty Publications

We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human rights law to secure peasants' rights and promote more sustainable and just alternatives to our industrial food system. Against the backdrop of the political economy of industrial agriculture, this Article compares mainstream approaches to food systems reform with transformative alternatives rooted in food sovereignty. It explores two key …

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Filling The Enforcement Gap: Alternative Dispute Resolution As An Approach To Solving "Copyright" Disputes For Ai-Generated Content, Aly Rezek

Journal of Dispute Resolution

On August 12, 2019, the United States Copyright Office (“the Copyright Office”) sent Stephen Thaler a rejection letter stating it would not issue him federal copyright protection for artwork generated by a computer program he owned. After countless appeals to the Copyright Office and the Federal District Court under various legal theories, one thing was made clear: The U.S. Copyright system would not protect works created by non-human authors. This principle presents a problem. Artificial intelligence (“AI”) is a rapidly developing tool in business and a rapidly developing issue in the law. Courts have routinely held that to be copyrightable, …

Standards In Assessing Notice Of Reasonable Security Measures In Trade Secret Law, Tazeen Hussain

UC Law Science and Technology Journal

No abstract provided.

Opt Out Or Pipe Down, You Traded Your Data Away: Balancing Computer Crime Prevention, Third-Party Data, And Individual Privacy Rights, Ken Sterling

UC Law Science and Technology Journal

This article explores the complex issue of governments’ access to thirdparty user data without search warrants in the detection, prevention, and prosecution of computer crimes. Topics under analysis include balancing data privacy and public safety, the application of the Fourth Amendment, and seminal court cases such as Riley, Carpenter, and Smith v. Maryland. Cybercrime poses a significant threat to society, businesses, individuals, and governments. While privacy advocates argue for warrant-based access to user data, individuals readily “opt in” and share their data with companies, raising the question of why stricter standards should apply to government use. This article proposes that …

The Needless Search For A Founding-Era "Hearsay" Definition, Jeffrey Bellin

Faculty Publications

Modern Confrontation Clause doctrine permits only unconfronted “out-of-court statements that would have been admissible in a criminal case at the time of the founding.” To operationalize this concept, the Supreme Court identifies “testimonial hearsay” as the Clause’s primary concern. Its opinions regularly dive into the historical record to refine what counts as “testimonial” but ignore that record in defining “hearsay.” This omission cannot last. Cases in the lower courts, and one on the Court’s recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the “hearsay” definition, casually referenced …

The Persistent Treatise, Dana Neacsu, Paul D. Callister

Faculty Works

The legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert’s Court in Dobbs v. Jackson Women’s Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in case …

Research On The Influence Of Network Public Opinion On Criminal Legislation In Major Drug Safety Events, Tianyu Guo, Shulin Zhao, Zheng Li, Jie Hao, Siyao Jia

Journal of Scientific Information Research

[Purpose/significance]Drug safety has a significant responsibility and is related to people's life and health. Through the network public opinion of typical drug safety incidents, judicial data of drug crime system, and evidence of actual legislative adjustment, the evolution law between public opinion, justice and legislation was explored.[Method/process]Taking the case of Lu Yong purchasing anti-cancer drugs and the case of Changchun Changsheng fake vaccine as examples, the public opinion data related to the events on Sina Weibo were extracted, and the SnowNLP method, integrated model based on logistic regression model (LR) and gradient lifting decision Tree (GBDT) were used to conduct …

Room To Grow: Exorcising The Curse Of Coverage To Make Room For Professional Identity Formation, Barbara Glesner Fines

Faculty Works

In any conversation about integrating opportunities for professional identity formation into the curriculum, particularly when suggesting that these opportunities be integrated into required doctrinal courses, one will hear an objection that there is no room for these learning activities. Many doctrinal teachers worry that incorporating professional identity formation opportunities or focus into classes would require sacrificing the critical time, doctrinal content, and analytical skills that are the “signature pedagogy” of law schools. Lawyering skills faculty, already managing a broad, feedback-intensive range of learning objectives, may object that their courses are the last place one can find room for one more …

The Tragedy Of The Ai Anticommons, Shelby Ponton

UC Law Science and Technology Journal

Should AI companies be allowed to “train” their models on the copy- righted works of others without consent or compensation? Legally, can they? These questions are being litigated in courts across the United States right now. When a resource, such as AI, is engulfed in effective rights of exclusion from a vast array of battling rightsholders, that resource is susceptible to un- derutilization. This phenomenon is referred to as a tragedy of the anticom- mons. This Article highlights how AI is subject to an anticommons weak- ness. If the millions of intellectual property holders, whose intellectual property these AI models …

College Scorecard J.D. Debt And Earnings Data, Accesslex Institute

Tuition and Financial Aid

The U.S. Department of Education publishes a range of debt and earnings data by field of study on an annual basis via the College Scorecard. This data file features selected College Scorecard debt and earnings information for JD programs. The file also links College Scorecard JD programs to their school names and ID numbers as they appear in Analytix by AccessLex.

The Death Of "Hey Ump!": New Rules In Pennsylvania And New Jersey Could Get You Locked Up Or Kicked Out For Heckling The Umpire, Hanna Lambert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A Gap In Coverage: How The Ncaa And College Athletics Policies Are Lacking In The Wake Of Dobbs, Allyson Margolis

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Case For Strategic Case Evaluation And Management Courses, John Lande

Faculty Publications

This short article argues that law schools should substantially increase instruction in pretrial litigation, teaching students how to strategically evaluate and manage cases. Law school graduates generally are unprepared to work with clients, have difficulty communicating with clients, and don’t understand the “big picture” of client matters. They generally aren’t well trained in negotiation, which is essential in modern legal practice. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative mechanisms for licensing that would require demonstration of practical skills.

To address …

It's Time To Make Important Upgrades To Our Mediation Curriculum, John Lande

Faculty Publications

In the past five decades, mediation practice and teaching have grown in size and sophistication. Inevitably, some ideas that made sense early in this development need revision and updating to reflect evolving realities and improved understandings. This is a moment deserving reflection about what faculty should teach about mediation, especially in light of the NextGen bar exam and changes in various states’ licensing regimes.

This article suggests various upgrades of our mediation instruction. Change is hard but can be worth the effort. The article includes numerous specific suggestions and links to handy resources that faculty can incorporate in their courses …

Oxymorons R Us, John Lande

Faculty Publications

This short article riffs on comments at a program at the ABA Section of Dispute Resolution’s annual conference to illustrate how oxymoronic the terms “facilitative,” “evaluative,” and “empowerment” have become. It suggests ways that dispute resolution academics and practitioners can avoid speaking oxymoron.

State Laws For Administering Presidential Elections: Recommendations And Considerations For Reform, Fordham Law School Rule Of Law Clinic, Seamus Crowley, Molly Johnston, Alexander Paget, William Russell

Rule of Law Clinic

States have a critical role in administering presidential elections, and there are currently a range of emergent challenges that they must confront. In this report, the Fordham Law School Rule of Law Clinic outlines reform recommendations and considerations to assist states in crafting their presidential election administration policies in key areas, including (1) implementation of provisions of the federal Electoral Count Reform Act; (2) preparation for natural or human-caused election disruptions; (3) prevention of faithless and fake electors; (4) accommodation of third-party and independent candidates; and (5) preparation for implementation of the National Popular Vote Interstate Compact.

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati

Sabin Center for Climate Change Law

To achieve the Paris Agreement’s goal of limiting the increase in global average temperatures to “well below 2 degrees Celsius,” and ideally 1.5 degrees Celsius, above pre-industrial levels, global greenhouse gas (“GHG”) emissions must reach net zero in the second half of the century. The global community is not currently on track to achieve net zero emissions. In fact, with the exception of a slight dip during the Covid-19 pandemic, emissions have risen steadily in recent years. This, together with the increasingly visible impacts of climate change, has prompted growing interest in the possibility of removing GHGs directly from the …

Judicial Power And Potential Unconstitutionality: A Scholastic Perspective, Kevin C. Walsh

Catholic University Law Review

This essay is an exercise in constructive retrieval of the traditional American understanding of judicial power with respect to judicial disregard of potentially unconstitutional laws when identifying rules of decision in constitutional adjudication.

This retrieval makes use of the act/potency distinction from Scholastic philosophy, Thomas Aquinas’s distinction between ius and lex, and John Marshall’s canonical account of the judicial application of the Constitution as a rule of decision in Marbury v. Madison to diagnose the cause of contemporary severability doctrine’s problems and to identify a basic framework for replacement doctrine.

I contend that the doctrinal pieces for the replacement …

Table Of Contents

South Carolina Law Review

No abstract provided.

The Youth Tax In Parole Hearings, David M. N. Garavito, Amelia Hritz, John H. Blume

South Carolina Law Review

No abstract provided.

The Children Are Our Future (Not Our Future Criminals): Protecting South Carolina's Youngest Citizens By Setting A Minimum Age Of Juvenile Court Jurisdiction, Peggy D. Nicholson

South Carolina Law Review

No abstract provided.

Alone & Afraid: The Need For Elimination Of Solitary Confinement In South Carolina, Sydney Ford

South Carolina Law Review

No abstract provided.

Rethinking Youth Release: An Analysis Of The South Carolina Board Of Juvenile Parole In The Context Of The Evolving Landscape Of Reforms Of Juvenile Release Authorities, Aleksandra Chauhan

South Carolina Law Review

No abstract provided.

Foreword, Pey Woan Lee

Singapore Law Journal (Lexicon)

No abstract provided.