Law Commons^™

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

A Different Model For Show Business: Creating An Agency Employer In The Performing Arts, Kathy-Ann Hart

Hofstra Labor & Employment Law Journal

The inner workings of the entertainment business are often invisible. The end product of a beautiful film, a riveting play, a compelling television show or even a funny commercial is perhaps all most people ever know about show business. Not a lot is known or shared transparently about film financing, casting or about talent representation.

Choose Your Words Carefully: Social Media, Social Justice And The Workplace, Susan Greene

Hofstra Labor & Employment Law Journal

No abstract provided.

Reproductive Rights And Employer Health Insurance: Exploring Abortion Benefit Options In A Post-Roe Era, Emily E. Manning

Hofstra Labor & Employment Law Journal

No abstract provided.

It's The Final Countdown: How A Legislative Solution Might Rectify The Staffing Shortages & Horrors Of Rikers Island, Rochelle Podolsky

Hofstra Labor & Employment Law Journal

No abstract provided.

Addressing Educational Inequality In The United States: A Comparative Approach To The European System, Yi-Sheng Liu

Marquette Benefits and Social Welfare Law Review

This study compares educational inequality in the U.S. and Europe. Utilizing a comparative approach based on the Positive Obligations of the European Convention on Human Rights and the Fourteenth Amendment to the U.S. Constitution, we expand on social contexts and objective facts to address how the U.S responds to educational inequality issues in contemporary constitutional interpretation (digital transformation and disparity, for example). We examine emerging issues in social change and expectations and discuss the rationale for constitutional legal norms to explain how these contribute to constitutional change. We suggest that the nation’s confrontation with educational inequality should be guided by …

Front Matter

Hofstra Law Review

No abstract provided.

The Supreme Court And The Limits Of Human Impartiality, James J. Sample

Hofstra Law Review

The article delves into the systemic shortcomings within the realm of Supreme Court judicial ethics, underscoring the necessity for a comprehensive code of conduct complemented by robust enforcement measures. It elucidates how the erosion of public trust and the legitimacy of the Court stem from these deficiencies. It emphasizes the imperative of preserving the perception of impartiality, the discussion transcends partisan divides.

The Underappreciated Virtues Of The Supreme Court's Ethics Code, Louis J. Virelli Iii

Hofstra Law Review

The article explores the historical context and contemporary implications of the bar exam as a gateway to the legal profession in the U.S. It highlights the discriminatory roots of the bar exam, which was historically used as a tool of exclusion, particularly targeting people of color and immigrants seeking to enter the legal profession.

Recency Bias And The Supreme Court: The Problem Is The Institution, Not The People Who Sit On It, Eric J. Segall

Hofstra Law Review

The article explores the widespread apprehension, particularly among the political left, regarding the current conservative majority on the Supreme Court. It highlights the Court's recent decisions, which have had significant implications for various issues such as reproductive rights, gun control, affirmative action, and the power of the administrative state. It argues that the focus should be on the institution itself rather than the individuals who occupy it.

The Quest To Quell The Let's Play Controversy: A Strategy Guide On Resolving Tensions Between Developers And Gamers, Gina Aliberti

Hofstra Law Review

The article focuses on the complex and often contentious relationship between content creators who produce Let's Play videos and the video game developers who own the rights to the games being played. It highlights the challenges creators face due to YouTube's automated Content ID system, which frequently flags and removes videos for alleged copyright violations, and the lack of clear legal guidelines governing the fair use of video game content.

Too Stubborn To Care For: The Impacts Of Discrimination On Patient Noncompliance, Alice Abrokwa

Vanderbilt Law Review

The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over time, but implicit racial bias in the healthcare context can be as deadly, particularly when it intersects with ableism and sexism. Researchers have found that medical providers are more likely to consider Black patients “noncompliant,” meaning the patient has not adhered to recommended treatment, even without evidence Black patients are less compliant than other patients. Being labeled noncompliant can have grave health consequences; providers are less likely to treat pain aggressively when they consider a patient noncompliant and, …

The Minimalist Alternative To Abolitionism: Focusing On The Non-Dangerous Many, Christopher Slobogin

Vanderbilt Law Review

In "The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics," published in the Harvard Law Review, Thomas Frampton proffers four reasons why those who want to abolish prisons should not budge from their position even for offenders who are considered dangerous. This Essay demonstrates why a criminal law minimalist approach to prisons and police is preferable to abolition, not just when dealing with the dangerous few but also as a means of protecting the non-dangerous many. A minimalist regime can radically reduce reliance on both prisons and police, without the loss in crime prevention capacity and legitimacy that is …

Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto

Vanderbilt Law Review

In the United States, the application process to receive disability benefits through the Social Security Administration is often a tedious, multistep procedure. The process becomes even more complex if a claimant has filed multiple disability applications covering different time periods. In that circumstance, the question arises as to whether an administrative law judge hearing a claimant’s second application must make the same findings as the administrative law judge who heard the first application. In other words, how should res judicata function in the administrative law context when a claimant has filed for disability multiple times? Currently, circuits differ on this …

Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind

Vanderbilt Law Review

28 U.S.C. § 1407 allows for the centralization of unique cases into a single forum for pretrial purposes. The product is multidistrict litigation, known colloquially as the “MDL.” While initially conceived as a means of increasing efficiency for only particularly massive, complex litigation, MDLs have become pervasive. Today, over fifteen percent of all civil litigation—and fifty percent of all federal civil litigation—is consolidated into MDLs. Yet, MDLs are commonly overconsolidated, such that only one judge presides over hundreds, thousands, or even hundreds of thousands of individual cases at a time. Fewer than three percent of such cases return to their …

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role in male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

Designing Sanctuary, Rick Su

Michigan Law Review

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé

Michigan Law Review

In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country’s metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in jurisdictions where the law is more favorable to the government. These transfers are conducted without notice or process and frequently occur on weekends or in the predawn hours, when offices are closed and interested parties are lucky to access voicemail.

Federal immigration officials’ use of peripheral detention and transfer significantly …

Voting While Trans: How Voter Id Laws Unconstitutionally Compel The Speech Of Trans Voters, Emmy Maluf

Michigan Law Review

Thirty-five states currently request or require identification documents for in-person voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter’s gender presentation, the voter may be disenfranchised—either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not …

In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough

Michigan Law Review

Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …

Carlos Guerrero, Appellant V. Dolraj Thapaliya, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Todd M. Shaughnessy, District Court No. 210905598

Troy L. Booher, Caroline A. Olsen, Todd A. Turnblom, Amanda R. Higgins, Attorneys for Appellee Dolraj Thapaliya

Daniel F. Bertch, Attorneys for Appellant Carlos Guerrero

The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward

William & Mary Law Review

Erosion, storms, and the migration of the barrier islands that comprise the Outer Banks themselves are not new. The rising seas that have resulted from climate change have merely exacerbated what has always occurred. What is new, however, is the economic havoc that natural processes and disasters alike can wreak on the islands. Today, because climate change has accelerated natural island migration, individuals, local governments, and the federal government alike have a lot to lose in the fight against the tides.

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This Note will evaluate a variety of potential solutions to the problems that pose nearly existential threats to …

The Road To Hell Is Paved With Good Intentions: Deinstitutionalization And Mass Incarceration Nation, Corinna Barrett Lain

William & Mary Law Review

They say that the road to hell is paved with good intentions, and our failed implementation of deinstitutionalization in the 1970s is a prime example of the point. In this symposium contribution—a response to Jeffrey Bellin’s book Mass Incarceration Nation—I offer a historical account of deinstitutionalization of state mental hospitals, tracing how severely mentally ill patients were discharged from state hospitals and eventually made their way back to secure beds, but in our nation’s jails and prisons instead. Mental health and mass incarceration are not separate crises, I argue, but rather interconnected problems with an interconnected past that require …

When All Else Fails: The Doctrine Of Foreign Equivalents As A Bar To Cultural Misappropriation, Stephanie H. Soh

William & Mary Law Review

This Note argues that under trademark law, the doctrine of foreign equivalents can be utilized to prevent some aspects of legally enforced cultural misappropriation. While it would be impossible to solve cultural misappropriation in one written piece, this Note proposes that the doctrine can serve to prevent applicants from obtaining trademark protections for certain foreign words.

Part I of this Note provides background on cultural misappropriation and the doctrine of foreign equivalents. Part II argues why the doctrine of foreign equivalents is poised to solve some of the harms of cultural misappropriation both in its structure and purpose. Part III …

Selling Sustainable Sodas, Shoes, Sweets Sustainably: Reasonable, Objective, Sustainability Marketing In A Global Energy And Environmental Transition, Meredith A. Wegener

Nevada Law Journal

No abstract provided.

Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams

Nevada Law Journal

No abstract provided.

Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller

Nevada Law Journal

A significant legal backlash against transgender individuals is currently under way. This movement--which includes state legislation, state executive action, and federal cases--seeks to limit access and participation by transgender individuals in school sports, use of bathrooms, access to appropriate care, and even the right to be addressed appropriately in the classroom. Properly understood as a political backlash in response to previous political gains by transgender individuals, this movement is composed of a series of speech acts: language that makes change in the world and alters human relations. This article identifies the features of the backlash and the power dynamics that …

“Twitter Jail” For The Jailer: The Precarious First Amendment Rights Of Police Officers To Share Workplace Concerns On Social Media, Frank D. Lomonte, Jessica Terkovich

Nevada Law Journal

No abstract provided.

Transparency In Forensic Exams, Dorothy Sims, Chris Dove, Richard Frederick

Nevada Law Journal

Medical examination of injured plaintiffs by doctors hired by defendants is a staple of modern tort litigation. Federal Rule of Civil Procedure 35 and its state counterparts authorize such examinations when the plaintiff’s physical or mental condition is at issue. Although typically dubbed “independent” medical examinations or IMEs, their use often appears to be anything but independent in that defense-retained medical professionals have a strong financial incentive to dispute or diminish injury claims in order to obtain or retain a steady stream of lucrative work from defendants and their insurers.

Although often tainted, defense-driven medical examinations rema33330p[in necessary as a …

Supreme Court Legitimacy And Reform: Problems With Personnel And Composition Reform Proposals, Joe A. Morgan

Nevada Law Journal

Some people claim that the United States Supreme Court—which is currently dominated by a conservative supermajority—is in a legitimacy crisis. Unsurprisingly, many people are, therefore, calling for institutional reform. Several types of reform proposals have been presented over the years.

This Note evaluates and presents a normative claim concerning a particular group of reform proposals: “personnel” or “composition” reform proposals—those reform proposals that directly address the number of Justices, when Justices get replaced, how seats on the Court are allocated, and which Justices hear cases. This Note proceeds in three Parts. Part I provides an overview of the legal background, …