Law Commons^™

Exploring Key Antitrust Implications Of Conference Consolidation In College Football, Kamron Cox

Missouri Law Review

This paper explores a future in which two “super conferences” dominate college football. Considering the erosion of the PAC 12 Conference and the looming threats to the Atlantic Coast Conference against the skyrocketing media rights revenues of the Big Ten Conference and the Southeastern Conference (“Power Two”), thought leaders across college athletics anticipate that future industry changes will be characterized by a continued consolidation of valuable college football brands into fewer high major conferences than we see today. At the same time, the frequency and public sentiment toward legal attacks on student-athlete compensation restrictions are now such that major college …

Turning From A Hire Power: Employment Discrimination And Faulty Ninth Circuit Procedure, Matthew Swords

Missouri Law Review

You just applied for your dream job. As anticipation for a response amounts, you become overwhelmed with a sense of optimism. You know you are overqualified, yet a few days later, you receive notification that the employer is no longer considering you for the position. Despite meeting all requisite qualifications, you feel slighted. You wonder if another factor is at play. Conversely, imagine you actually get the job. You accept, and you work at the company for a few years only to one day have your boss inform you that your employer is terminating your employment. Again, you feel slighted. …

The Commodification Of Children And The Poor, And The Theory Of Stategraft, Daniel L. Hatcher

All Faculty Scholarship

Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of improving welfare and providing equal justice for vulnerable populations, the institutions are mining them with extractive practices that are harmful, unlawful, unconstitutional, and unethical. This Essay considers such commodification schemes under the lens of Professor Bernadette Atuahene’s excellent and important theory of stategraft. The examples discussed provide support for Atuahene’s theory, and this Essay simultaneously urges …

Advancing Disability-Inclusive Climate Research And Action, Climate Justice, And Climate-Resilient Development, Janet E. Lord, Et Al.

All Faculty Scholarship

Globally, more than 1 billion people with disabilities are disproportionately and differentially at risk from the climate crisis. Yet there is a notable absence of climate policy, programming, and research at the intersection of disability and climate change. Advancing climate justice urgently requires accelerated disability-inclusive climate action. We present pivotal research recommendations and guidance to advance disability-inclusive climate research and responses identified by a global interdisciplinary group of experts in disability, climate change, sustainable development, public health, environmental justice, humanitarianism, gender, Indigeneity, mental health, law, and planetary health. Climate-resilient development is a framework for enabling universal sustainable development. Advancing inclusive …

Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman

Theses

Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …

Once Upon A Fape: Contrasting The Fabled Hope Of Idea With Present-Day Pandemic Realities, Jenny Rodriguez-Fee

Belmont Law Review

Much like Hansel and Gretel in the widely known fairytale, children around the world have experienced trauma, loss, and profound impact to their physical, social, and emotional well-being due to the pandemic. Also, like Hansel and Gretel, students with unique needs have lacked the guidance, support, and prioritization by the adults who are meant to protect them. For some students, this failure to support by those adults charged with their education has been occurring for decades. For many, they were left alone in the woods in March 2020, the start of the Covid-19 pandemic. Forced to isolate from teachers and …

Subsidizing The Microchip Race: The Expanding Use Of National Security Arguments In International Trade, Victoria Walker

University of Michigan Journal of Law Reform

In 2018, China, India, the European Union, Canada, Mexico, Norway, Russia, Switzerland, and Turkey lodged complaints with the World Trade Organization’s (WTO) Dispute Settlement Body (DSB) in the case of Certain Measures on Steel and Aluminium Products. Each State alleged that the United States had violated international trade law by imposing a series of aggressive tariffs on steel and aluminum imports. President Donald Trump’s administration responded to these allegations by claiming that its actions were permissible under Article XXI of the General Agreement on Tariffs and Trade (GATT); a long-standing exception built into the international trade law framework that …

Ip @ The U - April 2024, Jorge L. Contreras

Law School Historical Documents

Welcome to IP @ the U, a periodic newsletter for students, alumni, faculty and friends of the University of Utah College of Law's Program on Intellectual Property and Technology Law.

The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood

SLU Law Journal Online

This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …

“White Collar Crime” Is A Euphemism To Abandon, Anthony J. Meyer

SLU Law Journal Online

Although the phrase “white collar crime” is ubiquitous among lawyers, it is a euphemism that creates an arbitrary distinction among crimes and perpetuates an upper-class bias for certain types of criminal conduct while simultaneously denigrating others. The phrase further performs a problematic social signaling function, including by expressly invoking “whiteness.” On balance, the phrase should be abandoned and replaced with one that either creates a meaningful distinction or leads to more inclusiveness in the legal practice.

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

Revolutionizing Access To Justice: The Role Of Ai-Powered Chatbots And Retrieval-Augmented Generation In Legal Self-Help, Ayyoub Ajmi

Faculty Works

Advancements in artificial intelligence (AI) present numerous opportunities to routinize and make the law more accessible to self-represented litigants, notably through AI chatbots employing natural language processing for conversational interactions. These chatbots exhibit legal reasoning abilities without explicit training on legal-specific datasets. However, they face challenges processing less common and more specific knowledge from their training data. Additionally, once trained, their static status makes them susceptible to knowledge obsolescence over time. This article explores the application of retrieval-augmented generation (RAG) to enhance chatbot accuracy, drawing insights from a real-world implementation developed for a court system to support self-help litigants.

Saints, Satanists, And Religious Public Charter Schools, Allen Rostron

Faculty Works

This article explores how constitutional law concerning religion has reached the point where the validity of a publicly funded religious school is even a debatable issue. It argues that the First Amendment provides a simple formula for achieving optimal protection of religious freedom, by maximizing religious rights in the private realm while minimizing the role of religion in public matters. For decades, the Supreme Court largely succeeded in maintaining this boundary line between the private and public spheres. A key turning point occurred in 2002 when the Court decided Zelman v. Simmons-Harris and upheld a program in which families received …

Beyond The Ballots: An Exploration Of Indonesian Democracy Through The Lens Of Campaigning And Dynasticism In The 2024 Indonesian General Election, Alexandra Richmond

Independent Study Project (ISP) Collection

This paper offers a comprehensive exploration of Indonesian democracy, focusing on the dynamics of campaigning and dynasticism within the context of the 2024 Indonesian General Election. Drawing on the anthropological frameworks of historical particularism and functionalism, the research employs a mixed-method approach, combining cultural and participant observation, archival review, and interviews. Through cultural and participant observations in Bali and Java, the study unveils the intricate connections between political support, community unity, and the influence of vote-buying practices. Archival review delves into contentious issues surrounding electoral laws, particularly the Constitutional Court's exception to the age requirement for presidential candidates, revealing conflicts …

El Derecho A La Interrupción Voluntaria Del Embarazo A Inicios Del Gobierno De Javier Milei (Argentina, 2024) / The Right To The Voluntary Interruption Of Pregnancy At The Beginning Of The Government Of Javier Milei (Argentina, 2024), Willa Rudel

Independent Study Project (ISP) Collection

El objetivo de esta investigación fue entender las realidades del activismo en relación con el derecho al aborto en Argentina en el período después de la aprobación de la ley 27.610 del derecho a la interrupción voluntaria del embarazo, particularmente en 2020 y durante el gobierno actual de Javier Milei. Para responder la pregunta que articula la presente investigación, realicé seis entrevistas con activistas procedentes de una variedad de formaciones y con distintos tipos de participación en el movimiento. Primero describo la historia del activismo a favor del aborto en Argentina hasta la aprobación de la ley y el estado …

Community Opinions On Environmental Action On Isla Porvenir And Whichub Walla In The Guna Yala Comarca, Sofia Houts

Independent Study Project (ISP) Collection

The Guna Yala Comarca is the autonomous, self-governed territory of the Guna people, one of seven Indigenous groups in Panama. The Comarca is located on Panama’s eastern Caribbean coast and includes 365 coral islands. Forty nine Guna communities and roughly 32,000 individuals live in the territory. The Guna General Congress is the highest authority, and each community has a local congress. As a low-lying coastal region, Guna Yala is especially vulnerable to climate change and is already impacted by sea level rise, biodiversity loss, and changing precipitation patterns. Sub-national, national, and international forms of governance and environmental action are crucial …

Interpretative Representation And Justice: The Effects Of Inadequate Translation On The Human Rights Of Migrants In The Justice System In Spain, Danielle E. Libby

Independent Study Project (ISP) Collection

Across the world there is an increasing human rights issue regarding the improper treatment of immigrants in the justice system. Fundamental human rights are protected by Spanish and European Union law, which includes the right to interpretative representation. Adequate interpretation and translation are recognized by many individuals in academia and law as crucial for adequate communication. The right to interpretative representation is essential to address the cross-linguistic and cross-cultural needs of migrants when entering a state that does not standardize their native tongue institutionally. When inadequacies appear with interpretation throughout the justice system, improper communication often occurs, causing issues for …

St. Mary's University School Of Law Papers, 1927- 2013, St. Mary's University

Finding Aids

No abstract provided.

From Medic To Legal Maven: Military Veteran Turns Legal Interest Into Second Career, Samantha Mendoza

Black History at St. Mary's University - 2025 Collection

Starting a new career can be daunting; however, alum David Louis proves that it is never too late to do so. Louis served 20 years as a combat medic in the United States Army, and after doing so, received a J.D. degree from the St. Mary’s University School of Law in 2020. With his knowledge in Law and his experience in the military, Louis has found his new career as a clerk for the Supreme Court of Texas. While pursuing a degree is beneficial for many reasons, Louis found it especially beneficial for himself and his family due to the …

Big Data Searches And The Future Of Criminal Procedure, Mary Fan

Articles

This Article proceeds in three parts. Part I illuminates the nostalgic Luddism that influences Fourth Amendment jurisprudence and the challenges posed by evolving technologies to this dominant lens. This Part explains the operation of geofence and keyword warrants and how their power to crack cold cases by unidentified perpetrators both tempt and terrify. The confusion in the courts over the constitutionality of geofence and keyword warrants is emblematic of the larger challenges of the Romantic Luddism in Fourth Amendment originalism that has grown in influence over the decades.

Part II frames and theorizes the concepts of collateral impact and collateral …

Front Matter

West Virginia Law Review

No abstract provided.

The Cartoon Physics Of The Court-Martial, John M. Bickers

West Virginia Law Review

No abstract provided.

Our Dumb First Amendment: The Case Of The Foul-Mouthed Cheerleader, D. A. Jeremy Telman

West Virginia Law Review

This Article applies the rights mediation model from Jamal Greene’s book How Rights Went Wrong in the context of public-school students’ rights to free expression. Doing so highlights the flaws in the rights absolutism that currently informs our constitutional jurisprudence. Under rights absolutism, once a court determines that state action burdens First Amendment interests, courts protect the First Amendment interest with such rigor that they ignore all other interests implicated in the litigation. In the case of the foul-mouthed cheerleader, Mahanoy Area School District v. B.L., a rights mediation model might not have changed the outcome, but it would have …

“A Cruel System Indeed”: Extending The Statute Of Limitations For Claims By The Harmed Youth Of West Virginia’S Mismanaged Foster Care System, Caroline Toler

West Virginia Law Review

The current statutes of limitations in West Virginia pose a barrier for harmed youth to bring suits to recover. A child who experiences sexual abuse will have 18 years to bring a civil suit. However, a child who experiences another form of abuse (e.g., psychological or emotional abuse) must bring a suit within two years. In a novel argument, this Note proposes that state legislatures, and the West Virginia State legislature in particular, should extend the statute of limitations for civil suits by former foster youth harmed while in state care. A two-year statute of limitations is an insurmountable barrier …

Table Of Contents

West Virginia Law Review

No abstract provided.

Purdue And Mass Tort Claims: Will Non-Debtor Release Survive?, Christopher M. Alston, Alena Ivanov

West Virginia Law Review

No abstract provided.

Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha

West Virginia Law Review

In August 2023, the Supreme Court of the United States temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute, in the form of immunity from liability, to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power. …

Symposium Remarks: Public Litigation Values Versus The Endless Quest For Global Peace, Elizabeth Chamblee Burch

West Virginia Law Review

No abstract provided.

Front Matter

West Virginia Law Review

No abstract provided.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.