Law Commons^™

Informing The Debate On Lowering The Criminal Rate Of Interest, Gail Henderson, Katlin Abrahamson

Dalhousie Law Journal

Canada has two markets for consumer credit. Consumers with middle to high incomes can draw on ‘mainstream’ forms of credit at reasonable interest rates, such as lines of credit and credit cards issued by chartered banks. Consumers living on low to moderate incomes, who also may have a poor credit score or no credit history, often find themselves pushed to high-cost credit products, such as instalment loans issued by alternative financial services providers. The effective annual interest rate on instalment loans can run up to the maximum permitted under section 347 of the Criminal Code. Anything above this constitutes a …

July 2024 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Finding Condorcet, Nicholas O. Stephanopoulos

Washington and Lee Law Review

Instant-runoff voting (“IRV”) is having a moment. More than a dozen American localities have adopted it over the last few years. So have two states. Up to four more states may vote on switching to IRV in the 2024 election. In light of this momentum, it’s imperative to know how well IRV performs in practice. In particular, how often does IRV elect the candidate whom a majority of voters prefer over every other candidate in a head-to-head matchup, that is, the Condorcet winner? To answer this question, this Article both surveys the existing literature on American IRV elections and analyzes …

Protecting Minority Representation In An Era Of Political Polarization And The Hollowing Out Of Voting Rights Protections, Henry L. Chambers Jr.

Washington and Lee Law Review

The United States Supreme Court has hollowed out various voting rights protections, leaving all voters—minority and nonminority—less protected in a politically polarized America. Surprisingly, the Court has continued to protect representation for minority race voters who live in racially polarized areas. However, minority race voters risk losing that protection, typically provided through majority-minority districts authorized under the Voting Rights Act, if they build cross-racial coalitions with their neighbors. Under the Court’s interpretation of the VRA, cross-racial voting coalitions may be less protected than local majorities comprised of a single race of voters. The loss of such protection could leave their …

Unprincipled All The Way Down, Wilfred U. Codrington Iii

Washington and Lee Law Review

In 2006, the Supreme Court issued an emergency stay order in Purcell v. Gonzalez. Sparing in words and inattentive to the realities on the ground, the opinion nevertheless made a reasonable and understandable assertion: prior to issuing relief, courts presiding over elections should take into account any harms that judicial orders might cause, particularly in the lead-up to voting, alongside other considerations unique to elections. The statement was general enough to mollify the masses in the short-term. But over the long haul, it has proven to be a vehicle through which important election decisions might be made in less than …

A Major Wrong On A Private Right Of Action Under The Voting Rights Act, Macin Graber, Joshua A. Douglas

Washington and Lee Law Review

In Brnovich v. Democratic National Committee, Justice Neil Gorsuch posited in a short concurrence that Section 2 of the Voting Rights Act (“VRA”) does not confer a private right of action. That idea seemingly came out of nowhere, as Supreme Court precedent was clear and no one had suggested that the VRA did not allow private parties to bring suit. Justice Gorsuch’s one-paragraph concurrence was both unsupported and wrong. Even the single case he cited did not support his proposition.

An Arkansas district court and then the Eighth Circuit, however, followed Justice Gorsuch’s lead, ruling that only the federal Department …

The Scope Of Election Litigation, Michael T. Morley

Washington and Lee Law Review

One way to think about the “scope” of a case is based on the range of parties who are—or must be—involved in it. The broader a case’s scope in this regard, the more burdensome and costly it can be for plaintiffs to file and the more complicated and time-consuming it may be for a court to adjudicate. Requiring large numbers of parties to be involved in a case can sometimes effectively preclude otherwise meritorious suits from being filed. This is especially true in election law disputes which often arise under harried circumstances and can be subject to strict time constraints. …

Voting Rights In A Politically Polarized Era . . . And Beyond, Mark E. Rush

Washington and Lee Law Review

This Article places the impact of the Voting Rights Act (“VRA”) in historical and futuristic context. There is no gainsaying that the VRA has had a tremendously positive impact in reversing or, at least, buffering the impact of discrimination throughout United States history. This is particularly—and sadly—manifest in the actions taken by some states to restrict access to the polls and voter registration in the wake of the Supreme Court’s Shelby County decision. A healthy democracy requires free and fair elections. Therefore, it is necessary to roll back such discriminatory laws. Yet, the battle over voting rights now takes place …

Guess Who?: First-Time In-Court Identifications And Due Process, Natalie Beers

Washington and Lee Law Review

Juries believe eyewitnesses. When an identifying eyewitness takes the stand and points to a defendant in a courtroom, the jury is more likely to render a guilty verdict. But how reliable is that identification? What if the eyewitness is on the stand identifying a perpetrator for the first time, in the court room, rather than at the police station with a lineup or photo array? How do those suggestive circumstances implicate a criminal defendant’s due process rights?

First-time in-court identifications are inherently suggestive. While the Supreme Court has acknowledged the suggestive nature of similar identifications, it did not directly address …

The Brain Is In Your Court: Evaluating Intellectual Property Infringement Audience Through The Lens Of Neuroscience, Madyson Kent

Washington and Lee Law Review

To protect creations of the mind, the law needs to understand the mind. Thankfully, the rapidly emerging field of neuroscience provides an invaluable glimpse into the inner workings of the human brain. Now that scientific instruments provide a window into the living brain, it is time to reexamine the way intellectual property law decides the outcomes of infringement lawsuits.

Critically examining neuroscience in the context of the law helps to answer the most fundamental question in an intellectual property lawsuit: Was there infringement? A judicial hesitancy to understand the thought processes of artists and creators results in relying on the …

Winning Inside Out: How The Creation Of Protective Mental Health Clauses Could Elevate Professional Athlete Performance, Hannah Posencheg

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Fast Forward: The Changing Landscape Of Sports Media, Jeffrey S. Moorad Sports Law Journal Symposium

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

"No One Likes Us, We Don't Care": The Legality Of Ticket Bans On Opposing Fans, Rebecca Black

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Foreword: Voting Rights In A Politically Polarized Era, Maureen Edobor, Christopher B. Seaman

Washington and Lee Law Review

American democracy is under profound stress. Increasing polarization and a winner-take-all mentality to politics have led to increased conflict both within the halls of Congress and nationwide. In an era of exceedingly close elections where control of the Presidency, Congress, and state governments can turn on a relative handful of votes, the laws and processes governing democracy have themselves become a battleground.

Quantitative Evaluation Of Security Intelligence Policy Texts In China: Text Analysis Based On Pmc Model, Bin Zhang

Journal of Scientific Information Research

[Purpose/significance]Analyzing the laws, regulations and policies related to security intelligence in China can not only provide reference for decision-making, but also effectively enrich the connotation of China's overall national security concept. [Method/process]Using the LDA topic model, text mining was conducted on laws, regulations and policies related to security intelligence in China, and theme words were extracted from them. At the same time, based on the selection of policy indicators by existing scholars, scientifically select and design evaluation indicators for China's security intelligence laws, regulations, and policies. Referring to the overall national security concept, several representative policy contents were selected for …

Michigan's Youth Justice Reform: A Potholed But Sure Road To Change, Kimberly Thomas, Jason Smith

South Carolina Law Review

No abstract provided.

2024 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2024 issue of the CLIHHR Newsletter reflects on the Institute’s work amid escalating global human rights crises, including conflicts in Ukraine, Israel and Palestine, and Sudan. It highlights student advocacy on slavery and crimes against humanity, clinic collaborations at the United Nations, faculty engagement in international legal forums, the launch of a major report on slavery and the slave trade, and community achievements. The newsletter underscores CLIHHR’s commitment to atrocity prevention, survivor-centered justice, and human rights education.

Implementing A 'Sufficient Information Requirement' For Deep-Sea Mining, Stephen Cody, Patricia Esquete

Suffolk University Law School Faculty Works

No abstract provided.

Legal Support For Local Election Officials, Rebecca Green

Washington and Lee Law Review

Local election officials (“LEOs”) face enormous pressure. They must administer elections when a wide swath of the American public has grown mistrustful of their work; they increasingly face ominous personal attacks and threats; they cope with chronic underfunding of elections; and they must navigate frequent changes in the law governing elections. Lawyers provide a critical avenue of support for local election officials. They provide guidance on how to implement legislative mandates and judicial orders; they anticipate and prevent disputes from arising; and they represent election officials when they or their offices are sued—a more common occurrence today than ever. Although …

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi

Faculty Works

This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.

Masthead

UC Law Business Journal

No abstract provided.

Stock-Based Compensation In Startups: Employee Implications & Potential Solutions, Alec Galustian

UC Law Business Journal

Stock-based compensation remains prevalent in the United States private market, particularly among high-growth private companies, yet concerns persist regarding its potential drawbacks. This paper focuses on stock-based compensation in startup companies, delving into the legal frameworks behind the practice and identifying regulatory gaps. It examines well-known advantages of stock-based compensation, common misconceptions, and highlights its many disadvantages, primarily from the perspective of a startup employee. These drawbacks stem from the lack of private company disclosure obligations, illiquidity and lock-in concerns, and regulatory changes favoring the private market. This paper also explores a trend in the SEC’s tone toward increased regulation …

The Ethics Of Artificial Intelligence, Justice Gordon Goodman

UC Law Business Journal

No abstract provided.

Changing California’S Proposition 13 'Change In Ownership' Language To Solve Current State Tax Revenue Deficits And Reassessing Its Accompanying Statutes, Caleb Moser

UC Law Business Journal

No abstract provided.

From Data Co-Opting To Data Co-Oping: Using New Corporate Structures, Data Corporate-Hood, And Data Personhood To Prioritize Data Privacy, Jonathan Askin

UC Law Business Journal

The stakes of information ownership and control have risen dramatically since the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, after which tens of millions of people in the United States recognized that companies harvest massive swathes of data incidental to our activities and that seemingly innocuous information, such as rideshare or location data, credit card payments, or even monthly cyclical health trackers (i.e., menstruation or birth control) could potentially expose them to civil or criminal liability when linked to a chain of causation in jurisdictions penalizing voluntary abortion.2 Data scientists recognize the scale, scope, and massive power …

Editorial, Nlsj Editorial Board

National Law School Journal

Drawing on select papers from the Pluralist Agreement and Constitutional Transformation (PACT) Conference, this first part of the PACT Special Issue recovers forgotten and unrecorded constitutional histories. The articles reflect on the constitutional archives as a source of historical writing and ask how they are constituted, studied, and challenged. In doing this, they explore the documentary record of India’s constitutional founding, question prevalent narratives, and uncover marginalised perspectives. This comprehensive engagement goes beyond orthodox legal scholarship and illustrates the university’s commitment to multidisciplinary research, with the first issue bringing together contributions from scholars of law, English literature, and political science.

Generative Artificial Intelligence: The Protection Of Personal Data And Countering False Narratives About The Person, Warren B. Chik

Research Collection Yong Pung How School Of Law

Generative artificial intelligence (“Gen AI”) has rapidly become ubiquitous on online platform services, from chatbots and virtual assistants to search engines and social media. This generated concerns over potentially harmful effects from its use in both social and professional settings, including the added threats to personal data privacy and accuracy of personal information. In this article, the author will explain how Gen AI operates and why it gives rise to these issues, examine the policy and law relating to Gen AI, both existent and anticipated, and suggest possible solutions to the problems in the form of legal and non-legal measures.

Alternative Dispute Resolution In Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, Judith Starr

Articles

This Article studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)-including mediation, conciliation, facilitation, factfinding, minitrials, arbitration, and the use of ombuds-in the programs Congress has entrusted them to administer. The use of ADR by the executive branch of the federal government to resolve disputes with or among private actors has deep historical roots. ADR related to managerial agency matters such as employment or procurement is well-established across the government and performed under a uniform set of laws. Much less has been known, however, about the scope and reach of ADR in the …