Law Commons^™

A Portfolio Approach To Trusted Intermediaries For Online Content And Conduct, David Sullivan

Colorado Technology Law Journal

No abstract provided.

Rise Of The Knowmebots: Promoting The Two Dimensions Of Al Agency, Richard S. Whitt

Colorado Technology Law Journal

No abstract provided.

Govtech Stack - Building And Buying Towards Digital Sovereignty, Smitha Krishna Parsad

Colorado Technology Law Journal

No abstract provided.

How To Connect The Unconnected: Broadband Policy In Colorado, Nicole Genevieve Ela

Colorado Technology Law Journal

No abstract provided.

What I Talk About When I Talk About Charity Scott, Elizabeth Weeks

Scholarly Works

This essay pays tribute to Professor Charity Scott’s transformative impact on health law, legal education, and medical-legal partnerships. Reflecting on personal experience and Scott’s pioneering work, It highlights Scott’s integrity, compassion, and dedication to improving individual and community well-being through law. Scott’s role in establishing the Health Law Partnership (HeLP) and advancing the medical-legal partnership model is situated within the broader evolution of health justice, social determinants of health, and interprofessional collaboration. The essay underscores her legacy as a scholar, mentor, and innovator whose work continues to shape health law and inspire future generations of advocates, educators, and practitioners

Settlement As Construct: Defining And Counting Party Resolution In Federal District Court, Charlotte S. Alexander, Nathan Dahlberg, Anne M. Tucker

Scholarly Works

Most civil cases settle. Yet generating a definitive settlement rate presents complex definitional and empirical problems, both in what should count as a settlement and how to count it. This Essay makes three contributions to better understanding and defining settlement. First, we propose a flexible, empirically informed, operationalizable definition of settlement as party resolution. Second, we exploit a new federal litigation data source to count party resolutions using machine learning models trained on 11 million docket sheet entries. Third, we offer new findings on party resolution frequency and distribution in the federal courts. Settlement is more widely and differently deployed …

It Is Time For A Precise, Narrowly Tailored Federal Right Of Publicity, Brandon Anand

Chapman Law Review

"A precise, narrowly tailored federal right of publicity will promote creativity and business rather than stifle it, and also protect First Amendment rights. In this article, Part I discusses whether the right of publicity should be considered a privacy or property right, and illustrates the importance of a publicity right. Part II provides an overview of the lack of consistency and uniformity between states’ right of publicity statutes. Finally, Part III examines what a federal right of publicity should look like and how a federal right would apply in practice."

Rap Rhyme, Prison Time: How Prosecutors Use Rap Evidence In Gang Cases, Charis Kubrin, Kyle Winnen, Rebecca Rogers

Chapman Law Review

"In this Article, we call for greater nuance and careful treatment of rap-related evidence in the courtroom, which includes recognizing rap’s history, conventions, and practices generally, and acknowledging rap’s complicated and complex intersection with gangs specifically. Greater nuance and more careful treatment will enable courtroom members, including judges and jurors, to make better informed evaluations regarding whether rap evidence, despite being prejudicial, is sufficiently probative and if so, what relevance it may have to the case. We preface this argument with a review of punitive policies and practices associated with gangs in the criminal justice system, and with a discussion …

Rap On Trial: A Brief History, Jack Lerner

Chapman Law Review

In recent years, the prosecutorial tactic, often called “Rap on Trial”—in which rap lyrics and videos associated with a defendant are used as evidence of criminal activity—has exploded into national prominence. The widely-followed prosecution of Young Thug and his labelmates, along with other high-profile rappers, has generated intense interest in the issue, but even before the Young Thug indictment, legislators in California, Washington D.C., and other states had introduced legislation to curb the practice. The Rap on Trial tactic has been around since at least 1991; hundreds of courts have issued judicial opinions permitting the use of rap evidence, despite …

Still Problematic, Even Post-Settlement: Florida’S “Don’T Say Gay” Law And The Federal Constitution, Catherine Jean Archibald

Chapman Law Review

Florida’s “Don’t Say Gay” Law, officially part of the Parental Rights in Education Act, came into force in 2022. As amended in 2023, this law prohibits classroom instruction on sexual orientation or gender identity for children in pre-kindergarten through the eighth grade, and forbids any instruction on sexual orientation or gender identity that is not “age-appropriate or developmentally appropriate” for children in any grade.

From the start, this law was controversial and was challenged in court as a violation of the U.S. Constitution. In March 2024, a settlement agreement was reached in a lawsuit challenging the law, providing clarification on …

Garland V. Cargill: It’S A Duck! Except At The Supreme Court . . ., Maureen Johnson

Chapman Law Review

Garland v. Cargill may go down as one of the most notorious cases ever handed down by the Supreme Court. By a 6-3 tally, “bump stocks”—which essentially turn semi-automatic weapons into machine guns—were deemed outside the purview of the National Firearms Act of 1934 (NFA). Initially, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) determined that bump stock-converted weapons did not fall within the statutory definition of a machine gun. Amidst a bipartisan outcry following the 2017 Las Vegas Massacre, the ATF changed course, determining that bump stock conversions were indeed “machine guns” and therefore prohibited by the NFA. …

A Study Of Gender Apartheid: Afghanistan And The Islamic Republic Of Iran, Golazin Safaeimojarad

Dissertations and Theses

This thesis investigates the systemic and institutionalized forms of gender-based discrimination termed gender apartheid, focusing on Afghanistan and the Islamic Republic of Iran. It argues that gender apartheid, a severe form of discrimination where women and girls are subjugated and denied fundamental rights under institutional frameworks, and Afghanistan under Taliban rule and Iran under the Islamic Republic of Iran are two prime cases of gender apartheid. Through a qualitative research approach employing case studies and a comprehensive review of legal documents, academic materials, and reports from reputable organizations, the thesis outlines how gender apartheid is not only a direct product …

Legal Hurdles And Pathways: The Evolution (Progress?) Of Climate Change Adjudication In Canada, Camille Cameron, Riley Weyman, Claire Nicholson

Articles, Book Chapters, & Popular Press

Citizens, civil society, and environmental organisations throughout the world are increasingly turning to courts to find solutions to the perils of climate change. In July 2023, the United Nations Environment Programme (“UNEP”) reported that as of November 2022, there were 2,180 climate change litigation cases underway throughout the world, that this number is 2.5 times higher than it was five years ago, and that the number of jurisdictions involved has grown from 24 in 2017, to 39 in 2020, to 65 in 2023. The authors of this report describe climate litigation as “a frontier solution to change the dynamics of …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Tax Expenditures And Horizontal Equity: A Present-Day Reassessment, Nir Fishbien

Chapman Law Review

Tax expenditures are “revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability.” The concept of tax expenditures was coined by the first Assistant Secretary for Tax Policy, Stanley S. Surrey, in the late 1960s, and was codified by the Congressional Budget Act of 1974, which requires that a list of tax expenditures be included in the U.S. budget. The concept relies on the Haig-Simons definition of income (with certain adjustments) as …

“Senator . . . I’M Singaporean!”: Privacy Regulation And Data Transfers In Cross-Border Corporations, Michelle Norris

Chapman Law Review

A recent congressional hearing involving social media companies, including TikTok and Facebook, made headlines when Senator Tom Cotton of Arkansas grilled the TikTok CEO, Shou Zi Chew, repeatedly asking him if he had ties to China or its Communist Party. The Singaporean CEO, who has served as TikTok’s CEO since 2021, repeatedly replied, “Senator . . . I’m Singaporean!” While Senator Cotton, evoking McCarthy-era sentiments, was severely criticized for his racism and what appears to be a lack of understanding about corporate governance, another problem emerged.

TikTok, which is a subsidiary of the Chinese-owned ByteDance, operates in countries around the …

Correcting Federal Rule Of Evidence 404 To Clarify The Inadmissibility Of Character Evidence, Hillel J. Bavli

Fordham Law Review

Courts misinterpret Federal Rule of Evidence 404(b)(2) as an exception to Rule 404(b)(1)’s prohibition on character evidence rather than a mere clarification that emphasizes the permissibility of other-acts evidence whose relevance does not rely on propensity reasoning. This misinterpretation turns the rule against character evidence on its head by effectively replacing Rule 404 with a Rule 403 balancing—and one that incorrectly treats character inferences as probative rather than prejudicial, thereby favoring admissibility rather than exclusion. Consequently, as currently interpreted, Rule 404(b)(2) generates substantial unpredictability and verdicts based on conduct not at issue in a case.

I therefore propose that the …

Eliminating Rule 609 To Provide A Fair Opportunity To Defend Against Criminal Charges: A Proposal To The Advisory Committee On The Federal Rules Of Evidence, Jeffrey Bellin

Fordham Law Review

Federal Rule of Evidence 609 authorizes the admission of prior convictions to impeach criminal defendants who testify. And in this important and uniquely damaging application, the [r]ule’s logic fails, distorting American trials and depriving defendants of a fair opportunity to defend against the charges. The Advisory Committee [on Evidence Rules (the “Advisory Committee”)] should propose the elimination of Rule 609 and prohibit cross-examination with specific instances of a criminal defendant’s past conduct when those instances are unrelated to the defendant’s testimony and unconnected to the case.

This short essay begins by setting out the proposed rule change alongside a proposed …

Psychedelics, Psychosocial Support, And Psychotherapy: Why It Matters For The Law, Ethics, And Business Of Medical Psychedelic Use, I. Glenn Cohen

Fordham Law Review

No abstract provided.

State Drug Laws, Mason Marks

Fordham Law Review

States have long enacted drug laws that depart from federal laws and regulations. In the early twentieth century, several states prohibited marijuana while it remained federally unregulated. In the 1960s, states started criminalizing psychedelic substances. Shortly thereafter, in the early 1970s, they started reversing the trend to criminalize drugs by reducing or eliminating criminal penalties associated with personal marijuana use. State-level decriminalization accelerated in the 1990s and 2000s.

More recently, states have extended drug policy reforms to other substances, including psychedelics, stimulants, and opioids. Some states have eliminated criminal penalties while others have replaced criminal penalties with fines or diversion …

Tele-Induction Of Buprenorphine For Opioid Use Disorder: Regulatory Flux And Public Confusion, Stacey A. Tovino

Fordham Law Review

No abstract provided.

Modern Disaster Fragmentation, Abigail E. André

Fordham Law Review

Natural disasters test us. They exist at the intersection of nature, law, and society to show us where our systems are failing. Beyond physical damage, they magnify weaknesses in our socioeconomic and legal systems. In an attempt to leverage the lessons disasters bring, this Article analyzes the administrative institutions that govern disaster relief from the perspective of law, history, equity, and institutional design. This intersectional analysis uncovers a system fragmented by centuries of disorganization and infused with socioeconomic discrimination. Minor revisions cannot fix our federal approach to disaster relief: an institutional overhaul is required to achieve good governance.

The Student-Athlete-Employee: Forging An Equitable Path Toward A New Ncaa, Halle R. Fiedler

Fordham Law Review

In 2021, the landscape of National Collegiate Athletic Association (NCAA) sports as we knew it shifted dramatically as the U.S. Supreme Court held that student-athletes could now receive compensation based on their names, images, and likenesses (NIL). For the first time in the history of college sports, student-athletes may now receive a share of the billions of dollars that they have been generating for their universities and the NCAA for decades. Since this ruling, however, there have been several questions as to how to best regulate student-athletes in this new universe, and whether the NCAA’s long-standing amateurism model is durable …

Right To Be Forgotten As A Legal Protection For The Victims Of Electronic Sexual Violence Cases, Putri Zaltina, Lidwina Inge Nurtjahyo

The Indonesian Journal of Socio-Legal Studies

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual …

Xenophobia, The Global War On Terror, And Refugee Policy In The United States, Canada, And Western Europe, Chloe Lopez

UNF Graduate Theses and Dissertations

Xenophobia has oscillated in intensity in the United States, Canada, and Western Europe since the late eighteenth century. This pattern of fear of immigrants and refugees being harbingers of violence and criminal activity establishes itself throughout the modern history of the United States, Canada, and Western Europe despite much evidence to the contrary. In the twentieth century, the prevailing argument surrounding the creation of xenophobia centered around economics. This divergence from twenty-first century patterns can be attributed to the Global War on Terror increasing alienation of refugees and immigrants through mythmaking and the structural securitization of immigration in the United …

A Catholic Defense Of Corporate Law And Practice, Julian Velasco

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Puzzling Persistence Of Capital Punishment, Craig S. Lerner

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Lessons In Rhetoric From Older Case Law, William B. Reingold Jr.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Sharing The Blame: Using Market Share To Allocate Liability In Opoid Public Nuisance Lawsuits, Molly G. Baldock

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The “Orange Prince” Of Copyright: Warhol’S Prince Series & Transformative Fair Use, Haley A. Palmer

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.