Law Commons^™

Acknowledgements, Ee-Ing Ong

Singapore Law Journal (Lexicon)

No abstract provided.

A Snapshot Of How Mediators Use Technology These Days, John Lande

Faculty Publications

All professional mediators inevitably use technology these days. Indeed, they use it more than they realize. And, with the accelerating rate of technological developments, they generally will use it a lot more in the future. But it's not easy to incorporate technological developments into daily practice and keep up with the rapid pace of change. Part of the challenge is that mediators have their own unique complex practice systems that they aren't fully conscious of. And technology is integrated throughout their systems.

At The Intersection Of Environmental Justice And Sustainability Lies A More Equitable, Healthy Future For U.S. Communities, Alexandra Dapolito Dunn

UMKC Law Review

This Article offers a brief and recent history of the environmental justice and sustainability movements, with a decidedly U.S. focused approach necessary due to the breadth of the subject matter. This Article then offers examples of how the movements are coming together, in U.S. federal and state law and policy, judicial decisions, and in community applications. This Article then shows how the alignment of environmental justice and sustainability is serving to advance equity and a healthier future for many U.S. communities. This Article concludes that the continued intersection of these movements will serve to benefit our nation and its residents …

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

UMKC Law Review

The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …

Regulating Forever?: The Epa's Goal To Remediate Forever Chemicals Already In The Environment Under The Safe Drinking Water Act, Anna Donaldson

UMKC Law Review

No abstract provided.

The Relationship Between Force Majeure Clauses And The Excuse Defenses, Gregory Crespi

SMU Law Review Forum

Many commercial contracts include force majeure clauses that excuse the parties from performing some or all of their obligations upon the occurrence of specified supervening events. The law is unclear as to the proper relationship between such clauses and the assertion of common law or statutory excuse defenses such as impossibility, impracticability, or frustration of purpose with regard to supervening events that are outside of the scope of such clauses. In particular, under what circumstances, if any, should a force majeure clause be regarded as preclusive of these excuse defenses with regard to those supervening events that the clause does …

Reconceiving Corporate Rights And Regulation In The Ai Era, Michael R. Siebecker

Missouri Law Review

Can existing corporate governance principles properly guide the relationship between shareholders and directors as artificial intelligence (“AI”) plays an increasingly prominent role in corporate management, planning, and operations? Without a doubt, AI technologies allow corporations to enjoy enhanced efficiency and innovation. But the vast range of AI capabilities—from sophisticated data analytics to autonomous decision-making—raises profound questions about whether traditional governance principles remain sufficiently robust to cabin the proper development and deployment of such a powerful and rapidly evolving set of new technologies. Current corporate governance structures that focus on human actors and traditional business decision-making mechanisms seem ill-suited to address …

State Constitutional Prohibitions Of Slavery And Involuntary Servitude, Michael L. Smith

Washington Law Review

In recent years, the Thirteenth Amendment has drawn sustained criticism for its “Punishment Clause,” which exempts those duly convicted of criminal offenses from the Amendment’s prohibition of slavery and involuntary servitude. Citing the Punishment Clause, courts have struck down challenges by those sentenced to forced labor, arguing that such involuntary servitude is explicitly permitted for those convicted of crimes. Recent criticism draws on concerns over mass incarceration and expansive forced labor practices—urging that the Thirteenth Amendment be revised to remove the Punishment Clause.

Prompted by increased attention to and criticism of the Punishment Clause, some states have taken matters into …

The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick

Washington Law Review

In the current moment of interstate friction over abortion, the penal judgment exception poses a barrier against interstate enforcement of bounty laws. A doctor who prescribes a medicated abortion to a Texas patient may be exposed to civil liability—even in faraway Washington State. A Washington court asked to enforce a Texas judgment against the doctor is subject to the Full Faith and Credit Clause. Article IV, Section 1 of the United States Constitution mandates that each state give full faith and credit to judgments rendered in sister states. Under Texas Senate Bill 8 (S.B. 8), any member of the public …

Governor Hochul’S Unkept Promise: New York’S Ongoing Quest For Accessible Primary Care, Mikayla Kolahifar

Hofstra Law Review

The article critiques the state of primary healthcare accessibility in New York under Governor Hochul's leadership. Topics include the ongoing shortage of primary care providers in New York, the failure of recent policy measures such as waiving practice requirements for Nurse Practitioners (NPs) to effectively address this shortage, and the unmet promises of a transformative healthcare era, as envisioned by Governor Hochul.

Free Speech Originalism: Unconstraining In Theory And Opportunistic In Practice, Caroline Mala Corbin

Articles

Courts should not apply originalism in freedom of expression cases. Originalists claim that originalism prevents judges from imposing their own views. It does not-not in theory and not in practice. Instead, as the treatment of hate speech bans suggests, it is not principles but outcomes that determine whether and which version of originalism is used. Moreover, a true originalist First Amendment would likely lead to impoverished free speech protections.

Part I provides background on original public meaning originalism, the iteration of originalism currently favored by scholars. It also explains how the theory falls short of its original promise of limiting …

From Lightbulbs To #Sheinhauls: Considerations For Planned Obsolescence Regulation In The Modern Era, Nicole Cullen

Washington Law Review

“Planned obsolescence,” broadly defined as conduct by manufacturers to shorten product lifespans and spur consumption, is characteristic of the American economy. Such conduct largely manifests in widely accepted competitive strategies that require consumer participation: The periodic release of products or emergence of a trend, for example. In some instances, planned obsolescence conduct reaches beyond the accepted competitive practices, desired by consumers, to conduct that clearly harms consumers with no countervailing rationale. Such practices effectively cease product function prematurely, either through product failure or poor performance and inefficient repair costs. While this conduct largely evades legal capture, it intersects with many …

State-By-State Morality Superseding Federal Immigration Law: An Analysis Of The “Crimes Involving Moral Turpitude” Distinction Through The Lens Of Post-Dobbs Anti-Abortion Law, Coryn Johnson

Minnesota Journal of Law & Inequality

No abstract provided.

The Batson Challenge: Evidence, Court Opacity, And Discrimination Before The Supreme Court, Kaitlyn Filip

Minnesota Journal of Law & Inequality

No abstract provided.

Masthead

Tulsa Law Review

No abstract provided.

Music Of The Law: A Wigmorian Playlist For A Modern Era, Joseph Hummel

Tulsa Law Review

No abstract provided.

Negotiating Pluralism: Dilemmas Of Decentralization In The Middle East, Asli Ü. Bâli, Omar M. Dajani

UC Law Journal

This Article explores the potential of decentralized governance and territorial arrangements to address the overlapping governance crises and identity conflicts in the Middle East and North Africa (the “MENA”). Despite an extensive literature on decentralization and federalism in comparative law and politics, few studies have considered such initiatives in this region. By undertaking a qualitative comparison of decentralizing initiatives in four MENA countries—Tunisia, Iran, Syria, and Yemen—this Article provides the first sustained examination of these understudied cases and in the process suggests a variety of region-wide implications.

The cases are generative both in addressing ongoing debates about the merits of …

More T In Esg: Tax As A Crucial Component Of Esg, Lisa Chen

UC Law Journal

ESG is a framework used to assess the sustainability of a company and to measure financial risk arising from potential environmental, social, and governance issues. Investors and consumers typically rely on ESG ratings generated by third-party ratings agencies to evaluate a company’s ESG quality. Critics of ESG assert that ESG ratings are misleading because neither the rating agencies nor the ESG disclosures used to generate ratings are regulated. Despite these criticisms, demand for ESG-related products has grown four-fold in the last decade, reflecting the change in societal expectations regarding corporate behavior.

Given this demand, U.S. companies have rushed to adopt …

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

UC Law Journal

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Would A Successful Ftc Noncompete Ban Reduce Lawsuits Against Employees Who Change Jobs?, Charles Tait Graves

UC Law Journal

No abstract provided.

What Practitioners Can Do For Law Students And What Law Students Can Do For Practitioners, Shanin Specter

UC Law Journal

No abstract provided.

Restoring Reasonable Expectations To Privacy At Work In The Face Of Modern Electronic Monitoring Practices, Rafi Bortnick

UC Law Journal

This Note argues that stronger legal protections are necessary in California to protect workers’ dignitary interests in the workplace in the face of prevalent electronic monitoring. In particular, those protections should be grounded in a respect for a worker’s personhood rather than property rights relating to worker data collected by employers. In California, workers have some limited privacy and autonomy protections found in common law, the state constitution, and various statutes. Caselaw and legislative enactments have recognized the value of protecting personhood. The passage of the California Privacy Rights Act in 2020 marked a shift toward privacy protections grounded in …

Purpose, Practical Wisdom, And The Formation Of Trustworthy Lawyers, Kenneth Townsend

Mercer Law Review

Lawyers have a “special responsibility for the quality of justice” in our nation and are expected to “further the public’s understanding of and confidence in the rule of law and the justice system” since “legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.” Upholding these and other commitments enables the profession to promote the “public interest,” according to the Preamble to the Model Rules of Professional Conduct.

Putting The Lawyer First: Framing Well-Being In Law As An Ethical Dilemma, Aric Short

Mercer Law Review

A disturbingly high percentage of our students continue to be unwell. In the most recent and comprehensive survey of law student well-being in 2021, almost 70% of law students responded that, in the past twelve months, they believed they needed to seek help for emotional or mental health problems. Embedded screening tools in the survey suggested that 34% of respondents were clinically depressed and 54% suffered from clinical anxiety. 44% of respondents reported being drunk in the past thirty days, 33% had engaged in binge drinking in the preceding two weeks, and 38% had smoked marijuana in the past twelve …

Reflections On Purpose And Professional Identity Formation, Harmony Decosimo

Mercer Law Review

I am very grateful to Professor Daisy Floyd for starting this important conversation about the role of purpose in professional identity formation, and for inviting me to participate in it. As I know my co-panelists agree, this is an important conversation not simply to us as lawyers, but as humans, trying to help each other figure out how to live good, meaningful lives.

I think what might be most useful in my response to Professor Floyd is to turn at least initially from the theoretical to the personal and practical by offering some insight into my own experience with purpose …

Can Too Much Clarity Cause Confusion? A Case Study Of Mccalop V. State, Sutton M. Eggena

Mercer Law Review

In criminal trials, few elements wield as much influence over the outcome as expert testimony. Expert testimony serves as the bridge between complex subject matter and the understanding of lay jurors, often occupying a pivotal position in the pursuit of justice. Indeed, expert testimony can be the lynchpin on which a jury’s verdict turns. Picture a courtroom filled with jurors, each presumed to lack a deep understanding of the intricate dynamics of domestic abuse and the profound effects of battered person syndrome on individuals trapped in violent relationships. In pursuit of justice, these jurors lean on a singular source—an expert …

Actions Speak Louder Than Words: The Supreme Court Of Georgia Textualizes “Action” In The Georgia Constitution, Abigail C. Letts

Mercer Law Review

It comes as no surprise to those tuned into Georgia jurisprudence—textualism has taken root in the Supreme Court of Georgia. Since a series of holdings in the late twenty-tens including Olevik v. State, Georgia courts have produced a steady stream of decisions committed to pointing legal interpretation back to the intent of the framers. At first glance, the court’s proclamation in State v. SASS Group, LLC that “action” as it is used in Article I, Section II, Paragraph V(b) of the Georgia Constitution refers to an entire lawsuit appears simply to be another instance of the court’s staunch commitment …

Proprietors Beware: Recent Changes In Negligent Security Cases Involving Third-Party Criminal Acts And The State Of The Law Moving Forward After The Supreme Court Of Georgia’S Most Recent Decision In Georgia Cvs V. Carmichael, Blake Williamson

Mercer Law Review

The burgeoning surge in criminal activity within the United States has precipitated a corresponding increase in legal actions aimed at ascertaining the liability of business proprietors for crimes that transpire on their premises. Although the legal and factual questions surrounding the attribution of liability for the criminal acts of third parties often prove intricate, the crux of the matter remains consistent with that encountered in other premises liability actions—namely, did the proprietor possess superior knowledge of the danger that injured the plaintiff?

Stable State Societies In The Eye Of The Storm: Apocalyptic Forces, John W. Ragsdale

UMKC Law Review

The first part of this Article, also published in the UMKC Law Review, will be incorporated by reference in this work. In this segment the first part will be referred to as "The Eye of the Storm.” This following segment will hereinafter be referred to as "The Apocalyptic Forces."

Sustainability: A Legal Value And A Legal Principle, Irma S. Russell

UMKC Law Review

Introduction to the symposium issue, Sustainability as a Legal Value and a Legal Principle. This issue explores the concept of sustainability as a legal principle, presents food for thought about sustainability development, and provides inspiration for climate action.