Law Commons^™

Discovering The Future Of Personal Jurisdiction, Brad Baranowski

Connecticut Law Review

A deluge is coming. The Supreme Court’s two most recent personal jurisdiction cases—Ford Motor Co. v. Montana Eighth Judicial District and Mallory v. Norfolk Southern Railroad—have thrown this area of law into even more flux than before. Because of these cases’ heavy emphasis on the fact-intensive nature of personal jurisdiction law, plaintiffs facing down motions to dismiss based on Federal Rule of Civil Procedure 12(b)(2) are going to start asking an obvious question: If the Supreme Court thinks facts are so important to personal jurisdiction, then should I try to get access to more facts? The result will be more …

Front Matter

Journal of International Business and Law

No abstract provided.

Global Commerce Harmonization: Upicc's Impact On International Business And Us Legal Hurdles, Bojan Perovic

Journal of International Business and Law

No abstract provided.

Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman

North Carolina Law Review

No abstract provided.

Wyoming V. Environmental Protection Agency, Ayden D. Auer

Public Land & Resources Law Review

Wyoming v. EPA consolidated two petitions for review of a portion of Wyoming’s plans to reduce visibility impacts from two powerplants, Wyodak and Naughton. First, the Tenth Circuit held EPA was incorrect to disapprove Wyoming’s best available retrofit technology determination for Wyodak because EPA based its disapproval on noncompliance with guidelines that are optional to determine the best available retrofit technology for Wyodak. These same guidelines are nonbinding on Naughton as well, and the court held the petitioners failed to persuade the court that EPA’s approval of Naughton was arbitrary and capricious because the petitioners did not establish why Wyoming’s …

Cardozo Law News Brief: March 1, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Andrea Schneider
• Rebekah Diller
• Pamela Foohey
• Peter Goodrich
• Young Ran (Christine) Kim
• Rachel Landy

Campus News:

• Cardozo’s Race and the Law Course Offerings Give Students a Unique Chance to Learn About How to be an Anti-Racist Future Lawyer
• 14th Annual BALLSA Celebration Honors Kwanza Jones ’99
• Sarah Chu, Director of Policy & Reform at Perlmutter Center for Legal Justice, Speaks at American Academy of Forensic Sciences

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

No More Nixon: A Proposed Change To Rule 17(C) Of The Federal Rules Of Criminal Procedure, Norah Senftleber

Fordham Law Review

Today, the standard for subpoenas under Rule 17(c) of the Federal Rules of Criminal Procedure, espoused in United States v. Nixon, provides for limited, almost useless, pretrial subpoena power for criminal defendants. When subpoenaing a third party, a defendant must show (1) relevancy, (2) admissibility, and (3) specificity for documents that they have not yet gained access to. This narrow scope of Rule 17(c) has long engendered criticism from judges, scholars, and practitioners alike. Yet, Rule 17(c) has not been changed, either by judicial opinion or amendment.

Following years of criticism, the Advisory Committee on Criminal Rules (“Advisory Committee”) …

Boden Lecture: Of Chameleons And Esg, Ann M. Lipton

Marquette Law Review

Ever since the rise of the great corporations in the late nineteenth and early

twentieth centuries, commenters have debated whether firms should be run

solely to benefit investors, or whether instead they should be run to benefit

society as a whole. Both sides have claimed their preferred policies are

necessary to maintain a capitalist system of private enterprise distinct from

state institutions. What we can learn from the current iteration of the debate—

now rebranded as “environmental, social, governance” or “ESG” investing—

is that efforts to disentangle corporate governance from the regulatory state

are futile; governmental regulation has an inevitable …

Armed And Under The Influence: The Second Amendment And The Intoxicant Rule After Bruen, F. Lee Francis

Marquette Law Review

In 2001, the Michigan Legislature passed a law prohibiting the possession or use of a firearm by a person under the influence of alcoholic liquor or a controlled substance. Presumably the legislature thought it necessary to prevent individuals from possessing a firearm while under the influence of drugs or alcohol. One study has indicated that alcohol misuse is keenly associated with firearm ownership, risk behaviors involving firearms as well as risk for perpetrating harm to one’s self or others. Researchers also found that an estimated 8.9 to 11.7 million firearm owners binge drink in an average month. In an attempt …

Telecommuting And Workers' Compensation In Wisconsin: Adopting Standards For The Work-From-Home Revolution, Elliott J. Manuel

Marquette Law Review

The modern trend of telecommuting has gained popularity in recent years, with many employees working from home in lieu of reporting to brick-and-mortar offices. Yet the law has failed to keep up with this trend, particularly in the context of workers’ compensation. And with the rise in telecommuting, a rise in workers’ compensation claims for injuries sustained in the home is likely to follow. While the common law provides a framework for resolving telecommuter claims in Wisconsin, this framework invites inconsistent application and fails to abide by the purpose of Wisconsin’s Workers’ Compensation Act. In anticipation of the inevitable rise …

Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii

Marquette Law Review

This Article analyzes Vega v. Tekoh, in which the Supreme Court ruled that

a violation of Miranda was not a violation of the Fifth Amendment privilege

against self-incrimination. This Article examines the original language of the

Miranda opinion, the statements and intentions of the members of the Miranda

Court, and subsequent precedent to determine Miranda’s true nature. Further,

this Article examines the reasoning of Vega and the dangers created by its

pronouncements, especially in light of the Court’s earlier characterization of

Miranda as a constitutional rule in Dickerson v. United States. This Article

asserts that the Justices who …

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

Duties Regarding Duties, Ronald J. Colombo

Marquette Law Review

Corporate directors are subject to the fiduciary duties of care and loyalty

in the discharge of their responsibilities. The demands of these duties, from

their precise contours to their application under a particular set of

circumstances, is oftentimes far from obvious.

In order to properly fulfill their duties of care and loyalty, corporate

directors necessarily depend upon corporate counsel: specialized attorneys,

whether in-house or external to the corporation, retained to advise and

represent the corporation. As attorneys, corporate counsel are themselves

subject to a wide array of professional responsibilities, ranging from the

exhortations of codes of ethics to duties the …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Investigating “Good Moral Character” For Liquor License Applications, Benjamin J. Kweskin

The Business, Entrepreneurship & Tax Law Review

Since the repeal of prohibition, nearly every state has adopted a morality test on whether a person is fit to hold a liquor license. Missouri is no exception, adopting good moral character through § 311.060, RSMo in 1939. Eighty-three years later, on August 30, 2022, the Missouri Division of Alcohol and Tobacco Control codified a definition of “good moral character” limiting the inquiry to “honesty, fairness, and respect for the rights of others and for the laws of the state and nation.” This definition appears to nod to both Missouri’s Administrative Hearing Commission as well as other regulated industries’ coded …

Synthetic Seduction: Navigating Ai-Generated Content And The Complexities Of Name, Image, And Likeness Law, Emma K. Chedwick

The Business, Entrepreneurship & Tax Law Review

Waking up and finding videos of yourself online engaged in lewd acts is traumatizing—realizing that the videos were created by artificial intelligence without your consent exacerbates the trauma even further. With technology advancing faster than the law can keep up, safeguards need to be implemented to protect victims of internet crimes. This article examines the prevalence of deepfake pornography, its creation, and the damage it causes. Further, this article examines the current short-comings of the right of publicity, the right to privacy, copyright law, and revenge pornography law as they currently stand. This article proposes an exception to Section 230 …

It’S Hard To Hit A Target That Doesn’T Exist: A Novel Conceptual Framework For Esg Ratings, Jorge Cruz-Lopez, Jordan B. Neyland, Dasha Smirnow

The Business, Entrepreneurship & Tax Law Review

We introduce a conceptual framework to understand some of the persistent shortcomings we observe in ESG ratings and their potential consequences for financial stability, corporate policy, and regulation. Our framework consists of analyzing three different stages in the pro-duction of ESG ratings: (1) Data Collection and Disclosure, (2) Measurement, and (3) Dissemination. At each stage, we clearly identify the parties involved, their incentives and limitations, and the noise or bias introduced to ESG ratings due to misaligned incentives, data constraints, or inadequate regulations. In the Data Collection and Disclosure stage, noise and bias are introduced when rated companies dis-close data …

Copycat Fashion: How Fast Fashion Giant, Shein, Continues To Steal Independent Designers’ Work, Rachel L. Gardner

The Business, Entrepreneurship & Tax Law Review

This article explores the rise of Shein as a leading fast fashion enterprise, the current copyright protections and limitations for independent fashion designers, the legislative history and attempts by Congress to address infringement issues within the fashion industry, and a glimpse of how the court should rule in the pending Shein lawsuit and how that ruling would impact the fast fashion industry as a whole.

How Economic Barriers Can Help Solve The Uspto’S Impending Ai Patent Issues, Jeffrey Giesmann

The Business, Entrepreneurship & Tax Law Review

Use of artificial intelligence in recent years has grown exponentially with rapid developments in AI technology. Accordingly, recent innovation has taken advantage of AI technology in the research and development of new inventions. This has already raised many issues, one of which being the question of, “Can an artificial intelligence be an inventor for the purposes of a patent application?” The recent ruling in Thaler v. Vidal gave us an answer, which was a resounding “no”. Since then, there has been much debate concerning exactly how much AI can assist with the invention process without crossing the line to become …

Lawyers, Gambling, And Trust Accounts: Why The Expansion Of An Old Vice Requires A New Approach To Protecting Client Funds, Robert M. Jarvis

The Business, Entrepreneurship & Tax Law Review

Since the late 1980s, legalized gambling in the United States has expanded at a furious pace. While Americans have embraced this change with enthusiasm, it has caused a sharp rise in compulsive gambling. This development has placed every client in harm’s way. Because lawyers are at a very high risk of developing a gambling addiction, client trust funds now are more susceptible to theft than ever before. Accordingly, this article proposes that a new form of protection be mandated to safeguard clients from attorneys who are or might become compulsive gamblers.

Symposium Special Note From The Editor, Jordan Duenckel

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Adopting Tax Credits: The Federal Government’S Special Need To Adopt Missouri’S Adoption Tax Credit, Joseph Link

The Business, Entrepreneurship & Tax Law Review

HB 429 passed the Missouri Legislature and was signed into law by Governor Mike Parson on April 22, 2021. The legislation intends to relieve the financial burden on parents who are seeking adoption of a child or disabled person. The law has undergone major reforms in recent history. Missouri’s 2021 HB 429 amended the Special Needs Adoption Tax Credit Act and thereby decreased the requirements imposed on taxpayers to receive the tax benefits offered by the state to aid in adoption expenses. In addition, it expanded the state’s ability to offer the credit beyond the means of usual nonrefundable credits--by …

Are Electric Vehicles Bolstering Human Rights Violations? How The Electric Vehicle Takeover Is Fostering Further Human Rights Violations In The Democratic Republic Of Congo, Zoe Tsicalos

Journal of International Business and Law

No abstract provided.

Parents In Fact, Douglas Nejaime

University of Chicago Law Review

The Restatement of Children and the Law, protects a child’s relationship with a T“de facto parent”—a person who has “established a bonded and dependent relationship with the child that is parental in nature.” De facto parent doctrines are part of a broader category of functional parent doctrines that extend parental rights to an individual who has developed a parent-child relationship and acted as a parent to the child. Application of the de facto parent doctrine depends on a conclusion that the person formed a parental relationship, and yet debate remains over whether the person is a parent or merely a …

She's So Exceptional: Rape And Incest Exceptions Post-Dobbs, Michele Goodwin

University of Chicago Law Review

No abstract provided.

The Restatement Of Law On Juveniles’ Adjudicative Competence And Rights In Interrogation: Evidence Of Progress, Thomas Grisso

University of Chicago Law Review

Part 3 of the Restatement of Children and the Law, ¹ “Children in the Justice System,” reflects recent dramatic reform in juvenile law and practice.² The reform recognizes that kids are different, requiring special attention to protecting due process when the justice system must make decisions in delinquency cases.³ The Restatement’s analyses use neuroscientific and psychosocial developmental research that has improved our under- standing of children’s and adolescents’ immature decision-making capacities and psychosocial vulnerability compared to adults.⁴ This developmental perspective has led to extensive reform of laws and practices that seek to better protect juveniles’ due process …

The New Parents' Rights Movement, Education, And Equality, Kristine L. Bowman

University of Chicago Law Review

No abstract provided.

Parental Rights: Rhetoric Versus Doctrine, Clare Huntington

University of Chicago Law Review

Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law¹ does not transform the law of child abuse and neglect.² As he contends, this is neither a feature nor a bug.³ It is simply the reality of a restatement, which can only nudge, not reform, the law⁴ I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars—including both of us—who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem …

Beyond Home And School, Anne C. Dailey, Laura A. Rosenbury

University of Chicago Law Review

The Restatement’s focus on children in society encourages us to move beyond a merely descriptive project toward a new way of envisioning children’s place in law as full persons in the present. In our view, Part 4 does much more than identify the situations where the law does or should treat children like adult decision- makers. Instead, Part 4 illuminates the possibilities for a new law of the child that understands children as developing persons deeply connected to but also distinct from the adults in their lives. We focus on § 18.11––“Minors’ Right to Gain Access to Information and Other …

Calculating The Harms Of Political Use Of Popular Music, Jake Linford, Aaron Perzanowski

Scholarly Publications

When Donald Trump descended the escalator of Trump Tower to announce his 2016 presidential bid, Neil Young's "Rockin' in the Free World" blared from the loudspeakers. Almost immediately, Young's management made clear that the campaign's use of the song was unauthorized. Neil Young was not alone. Trump drew similar objections from dozens of artists during his first two presidential bids. But as a matter of copyright law, it is unclear whether artists can prevent their songs from being played at campaign rallies.

Putting the intricacies ofcopyright licensing aside, what motivates artists to object to the use of their songs by …