Law Commons^™

The Rise And Fall Of A Video Game Dynasty And Its Road Back To Glory, Kade Rogerson

Marketing Undergraduate Honors Theses

For years the EA Sports NCAA Football series had been a long-standing success story in the world of sports video games. Combining the unique feel of collegiate athletics with the realistic nature of the game that its technology provides led the series to be a major source of revenue for Electronic Arts, Inc. in the extremely competitive and profitable industries of video games and sports merchandising.

However, the series came to an abrupt halt in 2013. Spearheaded by the O’Bannon v. NCAA lawsuit, EA was forced to discontinue the series after legal action was taken regarding the game’s unauthorized use …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

Constitutional Rights And Remedial Consistency, Katherine Mims Crocker

Faculty Publications

When the Supreme Court declined definitively to block Texas’s S.B. 8, which effectively eliminated pre-enforcement federal remedies for what was then a plainly unconstitutional restriction on abortion rights, a prominent criticism was that the majority would have never tolerated the similar treatment of preferred legal protections—like gun rights. This refrain reemerged when California enacted a copycat regime for firearms regulation. This theme sounds in the deep-rooted idea that judge-made law should adhere to generality and neutrality values requiring doctrines to derive justification from controlling a meaningful class of cases ascertained by objective legal criteria.

This Article is about consistency, and …

Reforming International Investment Law To Advance Tax Justice, Madeleine Songy

Columbia Center on Sustainable Investment

Reforming International Investment Law to Advance Tax Justice" highlights the detrimental impact of current international investment treaties on tax justice and sustainable development objectives. It argues that Investor-State Dispute Settlement (ISDS) mechanisms often impede states' ability to implement effective tax policies by allowing foreign investors to challenge tax measures. The brief recommends a comprehensive reform of international investment law to ensure that investment treaties support rather than undermine tax justice. This can include eliminating ISDS provisions, drafting new treaties that safeguard the sovereign right of states to regulate taxation, and facilitating cooperation among states to reform tax systems at national, …

Government Procurement, Financial Services, And Environment: Linkages And Implications For The Eu And Brazil, Adeet Dobhal, Lucas Moreira Jiminez

Columbia Center on Sustainable Investment

The relationship between trade and the environment is increasingly a priority for policymakers and civil society. However, some of the disciplines covered by modern trade agreements have not received enough attention when it comes to their potential impact on the environment. Financial services and government procurement are two such areas, even though they are increasingly consequential topics for international trade policy and negotiations. This blind spot merits greater consideration as the connections definitely exist: the regulation of government procurement and financial services can have positive or negative implications for environmental outcomes on the ground, which makes understanding these links a …

Circular Economy In The Industrial Goods Sector: A Framework For Understanding Private Sector Progress And Innovation, Chris Albin-Lackey, Madeleine Songy

Columbia Center on Sustainable Investment

A “circular economy” is an economic system that creates a closed loop, allowing for the reuse of resources and minimization of waste. How are circularity principles implemented in the business practices of private companies? “Circular Economy in the Industrial Goods Sector: A Framework for Understanding Private Sector Progress And Innovation” analyzes a diverse cross-section of industrial goods companies and develops a five pillar framework to characterize what good circularity practices look like in practice.

This report was commissioned by Stewart Investors, a long-term investor that looks to drive sustainable development progress through its portfolio. Stewart Investors' approach to stewardship includes …

Editor-In-Chief’S Forward, Zoë Grimaldi

UC Law Constitutional Quarterly

No abstract provided.

Vol. 44, No. 2, Spring 2024: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 44, Issue 2 of the Northern Illinois Law Review

A Diversity Of Adequacy: The European Commission's 11-Country Adequacy Review, Lauren Macievic

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Scholarship As Fun, Thomas Schultz

Dalhousie Law Journal

One theme that traverses much of Pierre Schlag’s work is a sense of profound humanity—the idea that thinking and writing about the law can and should be a deeply, genuinely human activity—an activity for which we can, and should, break up many of the barriers that stand between us, between who we really are, and what we think and write. It is an activity for which we should put aside our pretences and insecurities and the attached formalisms and exaggerations behind which we so often hide, and which in the end constrain our humanity so much, as they take on …

Un Ésprit Sérieux, Pierre Schlag

Dalhousie Law Journal

It was a sunny day when we all met in a classroom at McGill University The gathering went on all day and at the end someone proposed writing up the discussion as essays. Hence, this collection.

I’d like to take a moment of gratitude to express heartfelt thanks to all the participants. And especially to Vincent Forray and Jean d’Aspremont for organizing the event, and to Genevieve Renard Painter and Liam McHugh-Russell for bringing this collection over the finish line. I don’t know whether the intellectual generosity of the participants was because of Canada, or Montreal, or McGill, or the …

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

The Rise, Fall, And Rise Of Cyber Civil Libertarianism, Hannah Bloch-Wehba

Faculty Scholarship

Using sexual speech as its focal point, this essay explores the ambiguous legacy of cyber civil liberties and the ascent of alternative paradigms for digital freedom. From its inception, cyberlaw was characterized by a moral panic over sexual speech, pornography, and the protection of children familiar to First Amendment scholars. Important civil libertarian victories recognized that sexual speech and pornography were constitutionally protected from state intervention. The civil libertarian paradigm saw government regulation as the primary threat to free speech online, the marketplace as the more appropriate mechanism for regulating expression, and courts as the rightful arbiters of these disputes. …

The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran

Faculty Scholarship

In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …

Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti

Theses/Capstones/Creative Projects

This paper looks into the issue of minors in the era of social media and seeks to answer the question: how can regulations help to protect children’s privacy in the age of social networks? To do this, this paper will start by exploring the privacy issues that have arisen amongst minors in the modern age and the lack of accountability for social networking companies. It will then look at the current regulations related to this issue and see where these regulations have fallen short. Next, possible regulatory solutions to this issue will be explored, including looking at current laws that …

Rethinking Jurisdictional Maximalism In The Wake Of Mallory, Sayer Paige

Fordham Law Review

Jurisdiction-by-registration is the idea that by virtue of registering to do business in a state, corporations prospectively consent to jurisdiction on claims made against them in that state. For decades, this concept has stagnated behind the minimum contacts analysis developed by International Shoe Co. v. Washington and its progeny. Among other reasons, plaintiffs and states were not sure whether jurisdiction-by-registration withstood the Due Process Clause. But as the U.S. Supreme Court continued to narrow the limits of contacts-based jurisdiction, plaintiffs returned to registration based jurisdiction to recapture corporate defendants. Courts largely rejected these assertions. Then, in Mallory v. Norfolk Southern …

Amendment 80 And The Effects On Arkansas Supreme Court Elections, Sydney Kincaid

Political Science Undergraduate Honors Theses

In 2001, Amendment 80 was implemented into the Arkansas Constitution. One part of this Amendment was changing statewide judicial elections from being partisan to nonpartisan. This research project seeks to analyze the impact of Amendment 80 on Arkansas Supreme Court elections. The research considers how three components of elections have been impacted by the Amendment which are diversity of candidates, level of competition, and voter turnout. Data collection was conducted for all Arkansas Supreme Court elections from 2002-2022. The information that was collected includes election records as well as descriptive characteristics of candidates including race, gender, raw vote, opposed versus …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Mining For Answers: Decrypting The Securities Puzzle Of Cryptomining Hosting Contracts, Waleed Alkoor

North Carolina Journal of Law & Technology

No abstract provided.

A Noisy Debate: Should The Law Require The U.S. Census Bureau To Sacrifice Accuracy For Privacy?, Justin Giles

North Carolina Journal of Law & Technology

No abstract provided.

Fair Admissions, Fair Decisions, And Fair Outcomes: An Analysis Of Algorithmic Bias In Education, Employment, Healthcare, And Housing, Mclean Waters

North Carolina Journal of Law & Technology

No abstract provided.

Child Maltreatment Primary Prevention Methods In The U.S.: A Systematic Review Of Recent Studies, Maria Godoy-Murillo

Electronic Theses, Projects, and Dissertations

Background: Child maltreatment remains a widespread issue in the United States of America, (U.S.). Identifying effective methods of preventing child maltreatment is key to reducing the prevalence of this issue. Objective: This systematic review provides an overview of contemporary primary child maltreatment prevention methods in the U.S. to investigate their effectiveness. Methods: Using the OneSearch database, the following keywords were included: (“prevention methods” and “child maltreatment”), (“parental leave” and “child maltreatment”), (“primary prevention” and “child maltreatment”), (WIC and “child maltreatment”), (“home visit” and “child maltreatment”), (“child abuse and neglect” and “primary prevention”), (“affordable housing” and prevention and “child maltreatment”), (“early …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Keeping It In The Ground: An Analysis Of Colorado Oil And Gas Law And The Legal Tools To Limit Production, Colin Hull

Colorado Environmental Law Journal

No abstract provided.

"Sugar, We're Goin Down"?': Major Questions Doctrine And The Securities And Exchange Commission's Climate Disclosure Rule, Austin S. Mccleery

Colorado Environmental Law Journal

No abstract provided.

Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke

Theses/Capstones/Creative Projects

Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Empower The Imposters In The Legal Field: Teaching & Practicing Mindfulness For Letting Go Of Unproductive Thoughts, Katerina Lewinbuk, Kurstin Grady

Northern Illinois University Law Review

Imposter syndrome, initially coined “imposter phenomenon” by psychologists Pauline Clance and Suzanne Imes, refers to “a psychological experience of intellectual and professional fraudulence.” Those who suffer from imposter syndrome typically experience an all-encompassing fear they are not as intelligent, successful, or accomplished as their qualifications suggest, and thus are bound to ultimately be exposed as “frauds.” To counter these feelings, those who struggle with imposter syndrome set unrealistically high goals for themselves, only to be dissatisfied with any performance that is short of perfection. Over time, this ongoing psychological pressure leads to poor emotional well-being, decreased senses of self-confidence and …

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a comprehensive review of the United States Court of Appeals for the Eleventh Circuit’s most noteworthy criminal law opinions from 2023, with a focus on the key holdings from each decision. Section II of this Article addresses substantive criminal offenses, such as drug offenses, economic crimes, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the U.S. Sentencing Guidelines and other sentencing issues and provides a limited review of the Eleventh Circuit’s decisions in post-conviction proceedings, including those involving the First Step …

Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta

Mercer Law Review

The 2023 Survey period yielded important trial practice decisions in the United States Court of Appeals for the Eleventh Circuit ranging from overruling long‑standing precedent relating to arbitration and issuing opinions of first impression relating to attempts to limit arbitration, attempts to limit copyright infringement remedies, what makes a statutory provision “jurisdictional,” and contracting around statutory interest rates. This Article analyzes some of this Survey period’s notable and first impression opinions in the Eleventh Circuit but is not intended to be an exhaustive discussion of the Eleventh Circuit’s important decisions during the Survey period.