Law Commons^™

Gender Dysphoria And The Americans With Disabilities Act: The Shameful Wall Of Exclusion, Victoria Lynn Smith

Duquesne Law Review

On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act ("ADA') and celebrated the moment that the "shameful wall of exclusion finally [came] tumbling down."¹ At that moment, the President promised that this legislation was a proverbial sledgehammer marking the end of discrimination in America.² Nevertheless, over thirty years later, individuals at the intersection of disability rights and transgender rights are still struggling against exclusion as they attempt to receive the promised protections of the ADA.³

Detriments To Effective High School Teaching In Kentucky, Christopher Wallace

Mahurin Honors College Capstone Experience/Thesis Projects

This quantitative study examines Kentucky public high school teachers’ perceptions regarding the detriments they and their students face when striving to effectively educate and learn. Data was collected by surveying public high school teachers from across the Commonwealth (n=453). Using Likert-style scales, the survey captures the barriers most detrimental to their students’ assessment outcomes. Concluding questions sought additional personal experiences to elaborate findings. 2023 Kentucky American College Test (ACT) scores represent the dependent variable in the ordinary least squared regression models. Further information regarding administrative effort and points of view was gathered through interviews with four Commonwealth Superintendents. This study …

Eavesdropping: The Forgotten Public Nuisance In The Age Of Alexa, Julia Keller

Vanderbilt Law Review

Always-listening devices have sparked new concerns about privacy while evading regulation, but a potential solution has existed for hundreds of years: public nuisance.

Public nuisance has been stretched to serve as a basis of liability for some of the most prominent cases of modern mass-tort litigation, such as suits against opioid and tobacco manufacturers for creating products that endanger public health. While targeting conduct that arguably interferes with a right common to the public, this use of public nuisance extends far beyond the original understanding of the doctrine. Public nuisance has not been applied, however, to another prominent contemporary issue: …

Incorporating Unicorns: An Empirical Analysis, Anat Alon-Beck

Faculty Publications

There is a growing concern among regulators and academics about how to regulate unicorns - entities large enough to have a public impact yet remaining in the private domain. An examination of corporate charters within a selected sample of unicorn firms reveals an important finding: 97% of these entities are incorporated in Delaware. This concentration provides Delaware with significant leverage to shape regulatory frameworks, especially concerning the protection of parties who may lack the ability to safeguard their interests through contractual means.

This groundbreaking discovery on the dominance of Delaware showcases a substantial deviation from incorporation trends in other business …

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Protecting Medicaid Providers And Enrollees From Payment Suspensions Based On "Credible Allegations Of Fraud:" A Lesson From New Mexico, Shawn Mathis

Annals of Health Law and Life Sciences

No abstract provided.

La Cour! La Mer!, Mark A. Drumbl

Scholarly Articles

The presence of courts—la Cour, certainement, mais d’autres aussi—weaves and wends throughout The Last Colony. Fundamentally, this is a story of courts (tribunals, arbitrations, etc.) righting wrongs or, in the least, setting a tune for wrongrighting to which political institutions then can hum along. Philippe Sands evokes the solemnity of legalism with the ‘La Cour!’ greeting, which he plays and replays, and with which he begins his book. These are welcoming words, for Sands, and also welcoming words for law, insofar as they signal the opening of the International Court of Justice (ICJ)—La Cour!—for the …

2023-2024 Tennessee Judiciary Annual Report, Tennessee. Administrative Office Of The Courts.

Annual Reports

No abstract provided.

The Constitutional Meaning Of Financial Terms, Tomer S. Stein, Shelby Ponton

Scholarly Works

The Constitution has sixty-three financial terms. These financial terms include, for instance, “compensation,” “expenditures,” “debt,” “coin,” “revenue,” “securities,” and “bankruptcies”—all of which determine the elementary building blocks of our governmental makeup. When the Supreme Court interprets the meaning of these financial terms, it does so in isolation and without a consistent framework. This Article proposes a unified framework for the interpretation of financial terms in the Constitution, comprising of two fundamental canons of construction.

First, this Article proposes that all financial terms in the Constitution should be interpreted with fiscal and monetary neutrality—interpreting financial terms in a way that does …

Win-Win Environmental Regulations For Crypto Mining: Developing A Regulatory Program That Reduces Environmental Harm And Promotes Innovation And Competition, Bradley R. Finney

Scholarly Works

The crypto space is a rapidly growing industry with a rapidly growing carbon footprint. The industry’s expanding energy use has sparked a vigorous debate over whether and how best to regulate crypto mining’s environmental effects. The Biden Administration and many members of Congress have studied the industry’s environmental impact and concluded that there should be environmental regulations for the industry. Regulation, however, faces an obstacle in the form of concern that regulation may unduly stifle innovation and competition within the industry. This is a major reason why Congress has yet to enact environmental regulations for crypto mining.

This Article proposes …

Trouble’S Bruen: The Lower Courts Respond, Glenn Harlan Reynolds, Brannon P. Denning

Scholarly Works

New York State Rifle & Pistol Ass'n v. Bruen revolutionized the understanding of how Second Amendment cases are to be adjudicated. Rejecting the tiered-scrutiny analysis around which the lower courts had coalesced since the 2008 Heller decision, the Court instructed courts to look to history and tradition after it was determined that state or federal regulations limited activities that fell within the protections afforded by the Second Amendment's text. Justice Thomas's opinion, however, left open significant questions about how the history-and-tradition method is to operate in practice. The Court recently held oral arguments in United States v. Rahimi, in which …

Colonial Genocide In Intercultural And Interdisciplinary Perspective / Génocide Colonial Dans Une Perspective Interculturelle Et Interdisciplinaire, John Doyle-Raso, Christophe Davis, Veronica Lockyer, Didar Shwan

Reports

Scholars from diverse cultural and disciplinary backgrounds have made recent contributions to debates about colonial genocide, conceptualizing this issue in widely divergent ways. Yet, most research syntheses regarding colonial genocide are over a decade old and therefore exclude influential research such as prominent government reports. This synthesis focuses on two themes: forms of genocide, and accountability mechanisms. Adopting a transnational approach, it incorporates three case studies – Canada, Namibia, and Rwanda – each differing in terms of its temporal relationships with colonial governments, forms of genocide, and accountability mechanisms.

This project compares debates about multiple forms of genocide in the …

Corporate Insider Status As A Badge Of Fraud Under 11 U.S.C. § 548, Aria Lugo

Bankruptcy Research Library

(Excerpt)

Section 101(31)(B)(i) - (vi) of title 11 of the United States Code (the "Bankruptcy Code") outlines a number of parties who are considered corporate insiders. Additionally, courts have identified a class of "non-statutory" insiders, who fall outside of the parties defined in section 101 but are still considered insiders in the context of corporate bankruptcy. In a corporate bankruptcy, who is an insider, and what are the implications of being an insider with respect to fraudulent transfer claims?

This memorandum explores insider liability under chapter 11 of title 11 of the United States Code. Part I identifies the parties …

Antitrust Against The Anti-Hero: Ticketmaster Monopoly Wages Ongoing War On The Concert Industry, Claire J. Neiberg

Duquesne Law Review

Taylor Swift is one of the biggest names in the music industry. Following her rise to fame in 2006, Swift made history as the first female country singer to write an entire U.S. platinum-certified album, and over the next seventeen years, she has curated a discography spanning multiple genres and reaching millions of listeners. When Swift announced ticket sales for her 2023 The Eras Tour, fans were met with an obstacle that concertgoers know all too well: Ticketmaster and its monopolistic practices. Founded in 1976, Ticketmaster is the world's largest ticketing sales and distribution company and the global market leader …

Got To Give It Up: Why United States Courts Should Stop Hearing Music Copyright Infringement Cases And Allow Experts To Determine "Substantial Similarity", Alexander J. Loverich Bernard

Duquesne Law Review

Mark Twain wrote in 1903, "[w]henever a copyright law is to be made or altered, then the idiots assemble."¹ The expansion of copyright protection has made copyright law the most important legal regulation in the field of entertainment law.² As a result of stricter regulation through judicial verdicts, music copyright disputes have left inequitable resolutions for artists of all backgrounds.³ This Article suggests a twofold, alternative approach to litigation in resolving music copyright infringement disputes: (1) the use of Expert Determination (ED) through the World Intellectual Property Organization (WIPO) to evaluate "substantial similarity" at the trial level, …

Assessing The Performance Of Place-Based Economic Development Incentives: What’S The Word On The Street?, Matthew Rossman

Faculty Publications

Although politically popular, place-based economic development incentives have had limited success and proven difficult to evaluate. Unlike most legal scholarship on this topic, this article takes a qualitative approach in examining them. It studies the performance of four distinct types of development incentives intended to alleviate economic distress, using insight gathered from interviews with business owners, development professionals, and community members in six adjoining neighborhoods, where past efforts at revitalization have failed despite locational advantages.

The challenges faced by economically distressed places are typically varied and complex. The qualitative sampling techniques employed in this article’s research generated nuanced, ‘on the …

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Supreme Court Punts On The Realization Issue In Moore, Erik M. Jensen

Faculty Publications

The Supreme Court’s 2024 decision in Moore v. United States was a disappointment. The Court upheld the constitutionality of the so-called mandatory repatriation tax, a result that may or may not be defensible. But the Court didn’t resolve what was supposed to be the “question presented” in the case: “Whether the Sixteenth Amendment authorizes Congress to tax unrealized sums without apportionment among the states.” As a result, more than a century after ratification of the Sixteenth Amendment, we still don’t know whether realization of some sort is necessary to have income within the meaning of the Amendment. This article describes …

She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale

Education Division Scholarship

This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …

Artificial Intelligence Models May Not Have Owners, Devin Owens

Akron Law Student Publications

While new artificial intelligence models see unprecedented investment, serious questions exist about the ownership of the models themselves under existing intellectual property structures. AI models, as compilations of information created largely autonomously by algorithms from sets of training data, may not be suited for the subject matter and inventorship/authorship requirements of traditional patent and copyright protection. The literature assumes that trade secrecy will protect AI models, which are largely kept secret on remote servers away from direct inspection by users, but model extraction attack methods known since 2016 are effective in copying any AI model that can be queried. This …

United States Of America, In The Forum Of Federations Handbook On Local Government In Federal Systems, Meryl Justin Chertoff

SALPAL Papers & Reports

Municipalities in the United States (US), particularly those in its largest metropolitan areas, drive economic growth and innovation and are home to the majority of the nation’s population, but their political status under the federal constitutional system of divided government is relatively weak. That does not mean US cities lack political power; it means that the federalist structure weakens, rather than enhances, city power. The US Constitution does not even mention cities, and the US federal structure has not evolved to reflect ‘city power’. There is a mismatch between the rise of cities on the global stage and their role …

I Am At Risk, Fontaine Baker

Writing Beyond the Prison Living Archive

Poem on Racism; Policing; Racial profiling; Racial violence; KKK; healthcare; mental health; Slavery (legacy of)

The Continuing Problem Of Continuing Concealment – Ignoring The Language And Policy Of § 727(A)(2)(A), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.

The Future Of State Standing And The Controversial Massachusetts V. Epa Decision: United States V. Texas And Biden V. Nebraska Provide Mixed Signals, Bradford Mank

Faculty Articles and Other Publications

An important question is under what circumstances should states have standing to sue the federal government. Should states have greater standing rights than private parties to protect states’ unique interests, or should all parties in federal courts have the same standing rights? In its 2007 decision Massachusetts v. EPA, the Supreme Court in a divided five-to-four decision stated that states are entitled to “special solicitude” for Article III standing in suits in federal courts, but a dissenting opinion argued that states ought to have the same standing rights as other parties in federal court. While Massachusetts initially appeared to …

Volume 32 Masthead

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales

UC Law Constitutional Quarterly

Upon its leak and subsequent official release, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization shocked and worried the nation. Overnight, the Court overturned forty-nine years of precedent. Those forty-nine years of overturned precedent not only implicate the ability to obtain abortion, but also the ability to engage in relationships, marry, make decisions about our own body, and keep our personal lives private. As a result, many advocates worry about the status of fundamental rights since many of those rights relied on the now overturned cases Roe v. Wade and Planned Parenthood v. Casey as well as …

Constitutional Law: Faithful Execution In The Fifty States, Zachary S. Price

The Judges' Book

No abstract provided.

Existential Advocacy: Lawyering For Ai Safety And The Future Of Humanity, John Bliss

Sturm College of Law: Faculty Scholarship

Lawyers have played a central role in a wide range of social movements aiming to provide legal voice to marginalized communities. How might this tradition of social-change lawyering apply to the protection of future generations— a population that cannot advocate for themselves? This is a pressing question in the movement to mitigate “existential risk,” which refers to events that would foreclose a meaningful existence for future generations either through human extinction or irreversible trajectories of human suffering. Over the past two decades, an Oxford-based academic community has been researching existential threats that could arise from emerging technology, such as advanced …

Operational Terms, United States Army

United States Army: Field Manuals

Operational Terms, United States Army Field Manual FM 1-02.1

Rigid Rideshares And Driver Monitoring, Seth D. Goldstein

Student Scholarship

(Excerpt)

Since 2018, Uber has submitted applications for numerous patents that use algorithms to “define” safety. These patents “calculate” safety through multiple factors, including crime reports and statistics, news databases, academic databases of reports of violent conflicts in a location, the car’s condition, how often the driver swerves, and “social media.” These machine-learning models attempt to predict “the likelihood that a driver will be involved in dangerous driving or interpersonal conflict.” Drivers are generally outraged by these patents and have commented that these recorded metrics will be “used to manipulate and influence” driver behavior. There is merit to this fear. …