Law Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

Shakespeare, Succession, And Estate Planning:Lessons From The Bard, Leslie Kiefer Amann

ACTEC Law Journal

Probated in 1616, Shakespeare's Will is surprisingly relevant today. Two daughters survived him, but his only son died at age 11. Wife and daughters could not inherit a business in the theater, so he made changes in structure of the businesses he owned, and reallocated assets to accommodate the loss of his male heir. Shakespeare left no autobiographical information, but by examining his legal documents, we see him shift a thriving business, dependent on the unique talents and active participation of its founder, to passive assets in modified entity structures and generate an income stream for female descendants. Changes made …

The New Gender Perspective: The Dawn Of Intersectional Autonomy In Women’S Rights, Rosa Celorio

Chicago Journal of International Law

International human rights jurisprudence has increasingly mandated state action which integrates a gender perspective, taking into consideration the discriminatory norms, harmful social practices, stereotypes, and violence that women have and still suffer. A range of supranational bodies have issued case decisions promoting the adoption of gender-sensitive legislation, policies, programs, and the establishment of administration of justice systems well-trained and equipped to address women’s rights violations.

This article discusses how the conception of this gender perspective has evolved over time and is now centered on the pursuit of autonomy for women. Autonomy is presented as a key ingredient to ensure due …

The Dark Side Of Codifying U.S. Trust Law, Thomas P. Gallanis

ACTEC Law Journal

For most of Anglo-American history, trust law was case law. The law of trusts was born and molded in the English Court of Chancery and then re-shaped by the courts of the U.S. states. The U.S. law of trusts primarily was to be found in the decisions of state courts and in respected secondary sources digesting and refining the rules from those decisions, such as the American Law Institute's Restatements and the multi-volume treatises on trust law originally authored by Austin Wakeman Scott or George Gleason Bogert. U.S. trust law no longer is primarily case law. In 2000, the Uniform …

"What Kind Of Court Is This?": Perceptions Of International Justice Among Rohingya Refugees, Rebecca Hamilton, Payam Akhavan, Antonia Mulvey

Scholarly Articles in Law Reviews & Journals

In the context of mass atrocities, the legitimacy of institutions for international justice—such as the International Criminal Court and International Court of Justice—is based on the assumption that they vindicate demands for accountability by the survivors of horrific human rights violations. Yet, notwithstanding advances in victim representation at these Hague-based courts, victim-centered justice remains elusive. This article contributes to centering the voices of survivors in their specific cultural contexts, against the backdrop of existing efforts that too often render invisible their perspectives. Through semi-structured interviews, conducted in late 2022, with 444 Rohingya survivors of genocide who have fled Myanmar to …

Opposition To Renewable Energy Facilities In The United States: June 2024 Edition, Matthew Eisenson, Jacob Elkin, Harmukh Singh, Noah Schaffir

Sabin Center for Climate Change Law

Achieving lower carbon emissions in the United States will require developing a massive number renewable energy facilities at an unprecedented scale and pace. Although many renewable energy facilities are sited without any problem, local opposition often arises. This report updates and considerably expands three previous Sabin Center reports, published in September 2021, March 2022, and May 2023, which document local and state restrictions against, and opposition to, siting renewable energy projects, as well as energy storage and transmission projects that are closely tied to renewable energy generation. The time period covered by this report ranges from as early as 1995 …

Cardozo Law Mourns The Loss Of Gail Cohen ’83, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo School of Law and Yeshiva University mourn the passing of Gail Cohen, a member of Cardozo’s graduating class of 1983 and a pillar of the Cardozo community.

Public Health And Human Health Implications Of Climate Mobility, Julia Neusner, Ama Francis

Sabin Center for Climate Change Law

Climate change poses significant challenges at the intersection of human and public health, mobility, and international law. Adverse climate impacts undermine the quality of human and public health, contributing to increasing global mobility, while climate-impacted migrants and displaced people can experience severe health challenges in transit and in their receiving communities. Moreover, the nexus between climate change, human and public health, and mobility exacerbates pre-existing vulnerabilities, undermining human rights and implicating State obligations. As international and regional courts, including the International Court of Justice (ICJ), clarify states’ duty to protect people from the adverse impacts of climate change, it is …

Maine Regional Care Teams: Collaborating To Improve Youth Wellbeing In Maine, Emma Schwartz, Jillian Foley, Jill Ward, Ahmen Cabral, Timothy Atkinson

Justice Policy

This report provides a look back at the past three years of the Regional Care Team initiative, which helped connect 165 youth to community-based resources in those first three years through a collaborative multi-systems model. The report details the extent of cross-system collaboration that continues as a part of this initiative and summarizes feedback from partners, examines data on youth referrals, their histories of system involvement, and funding. The report recommends next steps to expand prevention, community intervention, and reintegration supports for youth.

Confronting Algorithms: Conscience Catching In The Criminal Trial And Beyond, Sherman J. Clark

University of Michigan Journal of Law Reform

Using the question of how to treat algorithmic evidence under the Confrontation Clause as an entry point, I argue that the use of AI in ethically salient situations presents a risk. It may cause us to avoid confronting our own responsibility. This matters because facing up to what we do, including what we delegate, can help us grow and thrive. Bearing responsibility can help us nurture vital capacities, including forms of empathy, honesty, and dignity. In the language of ethics, these are eudaimonist virtues—traits and capacities that can help us live well and fully. We should thus find ways of …

A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz

UC Law SF International Law Review

This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …

“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin

UC Law SF International Law Review

This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …

From The Editor-In-Chief, Jacklin Lee

UC Law SF International Law Review

No abstract provided.

Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee

UC Law SF International Law Review

Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …

Age Restrictions And The Right To Keep And Bear Arms, 1791–1868, Megan Walsh, Saul Cornell

Minnesota Law Review Vols. 106:2 onward (2021-present)

The disproportional misuse of firearms by eighteen-to-twenty-year-olds has long been a problem in America. The concerns are not novel. Nor are legislative responses to this problem a recent development in American law. These limitations are deeply rooted in American legal history. While minimum age gun laws routinely survived constitutional challenges before the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, the majority of courts applying Bruen have struck down firearms restrictions based on age. Bruen fundamentally altered the way courts evaluate the constitutionality of firearms regulations, requiring them to judge modern gun laws based on …

Firearms And The Homeowner: Defending The Castle, The Curtilage, And Beyond, Cynthia Lee

Minnesota Law Review Vols. 106:2 onward (2021-present)

In the spring of 2023, a series of back-to-back shootings shook the nation. A Black teenager in Missouri trying to pick up his two younger siblings went to the wrong door and rang the doorbell. The homeowner came to the door with a gun and, without saying a word, fired two shots at the Black teenager, hitting him in the face and the arm. A few days later, a Caucasian woman and her friends in upstate New York, looking for a party, drove up the wrong driveway. The homeowner came out of his house with a shotgun and fired two …

The Second Amendment’S Racial Justice Complexities, Daniel S. Harawa

Minnesota Law Review Vols. 106:2 onward (2021-present)

The relationship between the Second Amendment and racial justice is complicated. That's because the relationship between penal administration and racial justice is complicated. The briefing in New York State Rifle & Pistol Association v. Bruen perfectly proves this point. A group of public defenders favored striking down New York's concealed carry licensing law to further racial justice, while a group of civil rights organizations argued that the law should be upheld to further racial justice. What the briefing revealed is that Black people have an interest in being free from racially disparate policing and prosecution of all criminal laws, including …

Aiming For Answers: Balancing Rights, Safety, And Justice In A Post-Bruen America, Chad Nowlan

Minnesota Law Review Vols. 106:2 onward (2021-present)

No abstract provided.

Washington Civil Jury Trials Via Zoom: Perspectives From The Bench, Marisa Pasnick

Washington Law Review

Many professions have felt the impact of the coronavirus (COVID-19) pandemic, including the legal field. At the onset of COVID-19, many courthouses closed and trials halted, but as the pandemic continued, the need to resume judicial proceedings led courts to turn to virtual platforms to conduct civil jury trials. This Comment examines the response of judges in Washington State to the use of Zoom for conducting civil jury trials. Interviews with judges across Washington reveal a stark contrast in opinions among judges in different districts as well as within districts. This Comment answers the question of how judges feel about …

Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon

Articles

Set to debut in July 2026, the NextGen Bar Exam will test a broad range of foundational lawyering skills needed in today’s practice of law, including contract interpretation, drafting, and revising. According to the National Conference of Bar Examiners (“NCBE”), this exam is designed “to balance the skills and knowledge needed in litigation and transactional legal practice.” More specifically, the foundational skills that will be tested include drafting and revising contract provisions consistent with the facts, the law, and the client’s objectives, interests, and constraints. The NCBE has indicated that the examinees’ knowledge of the doctrinal subject matter topics, like …

Legitimizing Agencies, Brian D. Feinstein

University of Chicago Law Review

The project of bolstering the administrative state’s perceived legitimacy is central to administrative law. To enhance agencies’ legitimacy with the public, generations of judges and scholars have variously called for changes designed to insulate technocrats from political influence, involve interested members of the public, and subject agencies to greater political control. Despite the pitch of debate in elite legal circles, however, little is known about the views of ordinary citizens—the very people whose beliefs constitute popular legitimacy.

This Article provides evidence of Americans’ actual views concerning what features contribute to agencies’ perceived legitimacy. It presents the results of a set …

Table Of Contents

Tulsa Law Review

No abstract provided.

Entertaining And Embracing Professional Identity Development In The 1l Legal Writing Curriculum, Charles W. Oldfield

Tulsa Law Review

No abstract provided.

Faculty List

Missouri Law Review

No abstract provided.

Legal Issues In Reconciling Data Protection, Ai, And Cybersecurity Under Eu Law, Iain Nash, Debrae Kennedy-Mayo, Peter Swire, Annie Antón

Missouri Law Review

This Paper focuses on certain legal responsibilities under European Union (“EU”) law for companies that provide cybersecurity services, by examining the intersection of data protection (privacy), cybersecurity, and artificial intelligence (“AI”). This Paper explores these issues in the context of a hypothetical cybersecurity company known as “ACME Cyber Sentinel” providing services to a hypothetical client named “TechGuard.” In four scenarios, this Paper explores ACME Cyber Sentinel: (1) providing cybersecurity service to TechGuard; (2) gathering and processing data from multiple clients to analyze potential cybersecurity threats; (3) training, evaluating, and deploying AI cybersecurity tools; and (4) using these AI cybersecurity tools …

Think Of The Children! Unmasking The Rhetoric Behind Internet Censorship In The Digital Age, Annaleigh Hobbs

Missouri Law Review

The Internet is becoming increasingly interwoven into the fabric of daily life. Now more than ever, Americans are concerned about internet privacy and how personal data is being used, stored, and collected. Additionally, with information readily available at the click of a mouse or tap on a screen, there is rising concern about the impact of the Internet on both children and teenagers. Children’s internet use doubled during the COVID-19 pandemic, and a census on media use by teens and tweens in 2021 reported that one in four teenagers use social media “almost constantly.”

Effective Removal Of Article Iii Judges: Case Suspensions And The Constitutional Limits Of Judicial Self-Policing, Jack Brake

University of Chicago Law Review

Under the Judicial Conduct and Disability Act of 1980 (JCDA), it falls to federal judges in each circuit to investigate and redress complaints about their col- leagues’ behavior. A controversial provision of the Act authorizes the temporary suspension of misbehaving judges from new case assignments. Judges suspended under the Act—most recently, Judge Pauline Newman in the Federal Circuit—have argued that this amounts to effectively removing them from office without impeachment, violating constitutional protections of judicial tenure and independence. No court has invalidated a suspension on this basis so far. Yet courts have reserved the question taken up here, namely whether …

Copyright Page

Tulsa Law Review

No abstract provided.

Life, Liberty, And The Pursuit Of Authentic Development: Fulfilling Stare Decisis Through The Principles Of St. John Henry Newman, Chad Thurman

Tulsa Law Review

No abstract provided.

Women, The Law, And Sexual Assault: Why The Model Penal Code's Ordinary Resolution Standard Furthers Victim Blaming, Hillary Hurst

Tulsa Law Review

No abstract provided.