Law Commons^™

Aclp - State Broadband Profile - New York (October 2023), New York Law School

Reports and Resources

No abstract provided.

Climate Change And Biotechnology, Donald T. Hornstein, Eli D. Hornstein

North Carolina Journal of Law & Technology

No abstract provided.

Keeping Faithful To The Facts, Antonia Mysyk

Case Western Reserve Law Review

No abstract provided.

Aa Tax National Anthem, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This essay provides concluding comments on the articles published in the Pittsburgh Tax Review in connection with the American Tax Policy Institute’s 2023 Symposium, “The Federal Income Tax: Racially Blind But Not Racially Neutral.” Interspersed with lines from Ada Limón’s poem “The New National Anthem,” this commentary argues that the contributors to the Symposium are engaged in a project similar to Limón’s: critiquing the familiar, pointing out what is hidden (sometimes in plain sight), and formulating a vision for a just and inclusive future. As the speaker of Limón’s poem embraces the flag as a symbol of hope, the authors …

Writing It Right: Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams

Faculty Publications

This article concerns “Briefly Speaking: Brief Writing—Best Practices,” a collection of sound advice that appears on the website of the Washington Court of Appeals, the state’s intermediate appellate court. The court’s judges explore strategies of appellate practice, but that is not all. In this article, I select five of the court’s insights about effective written expression, insights that can enhance the quality not only of brief writing, but also of much other legal writing.

Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Rafael Gely

Faculty Publications

This article explores the impact that political polarization is having in the social, legal, and regulatory space, particularly on American worker-management relations. Polarization is affecting decisions involving social relationships and market transactions, the ability of institutions built to generate debate and discussion to successfully complete these missions, and people's willingness to listen to and engage with views contrary to their own.

Will Idaho’S "Abortion Trafficking" Law Hinder Efforts To Prevent Human Trafficking?, Daniela Peterka-Benton, Bond Benton

College of Communication and Media Scholarship and Creative Works

No abstract provided.

October 2023

Ergo

No abstract provided.

Masthead

MC Law Review

No abstract provided.

For The Ones Who Endured So That A Nation Might Live: A Plea To The Mississippi Legislature And Judiciary To Amend Miss. Code. Ann. 9-25-1 And Adopt A Mississippi Statewide Veterans Treatment Court, Hannah Grace Eckel

MC Law Review

Veterans provide an invaluable service to protect and defend the ideals of this nation. Today, there are roughly 18 million veterans living in the United States, and Mississippi is home to over 187,000. While many servicemen successfully integrate back into civilian life, trauma and addiction follow others which often leads to confrontations with the criminal justice system. The traditional Mississippi court system is ineffective for many veterans because the underlying issues that led to their incarceration cannot be treated with mere confinement.

Veterans Treatment Courts (VTCs) address the underlying issues that often lead to criminal activity and offer a veteran …

Adjunct Listing

MC Law Review

No abstract provided.

Faculty Listing

MC Law Review

No abstract provided.

Children Are Different: Jones V. Mississippi, Juvenile Life Without Parole, And Why Youthfulness Matters In Sentencing, Giulia Hintz Mcquirter

MC Law Review

“We are a country of mercy, and we are a country of vengeance, and we live with both at the same time.” This is how Robert Dunham, death penalty expert and Executive Director of the Death Penalty Information Center, describes the United States sentencing system. Battling inside each of us is the desire for people to pay for their wrongdoings, warring against the empathy of our human nature that wants to see the good in people, even criminals.

This internal conflict is rarely on better display than in cases involving child criminals. It is impossible to forget that these children …

Environmental (In)Justice: Evaluating The Factors That Led To The Jackson Water Crisis & Proposing A Solution For Environmental Justice In Mississippi, Emily Brennan

MC Law Review

40,000. That is the number of residents that were left without potable water for nearly five weeks during Jackson, Mississippi’s February 2021 water crisis. An unusual cold front rolled through, freezing plant equipment, bursting water pipes, and causing many in Jackson to lose access to running water. This was not, however, the first time that Jackson residents had endured hardships with regard to their drinking water—it was just the first time that national attention turned to, and has seemed to remain on, Mississippi’s capital city. Those in Jackson are all too familiar with water pipes bursting, low water pressure, boil …

Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Low-Hanging Fruit: Health, Rights, And The Commission, Bright Nkrumah

Washington and Lee Journal of Civil Rights and Social Justice

The year 2022 marked the 35th anniversary of the African Commission on Human and Peoples’ Rights. As it is a custom in many communities, when one reaches this milestone, it is an opportune time to introspect and reflect on the successes and challenges encountered in one’s journey. It is this template that the paper adopts to measure the prospects and setbacks of the African Commission in the advancement of the right to health. The Article argues that while the body remains the poster child of the continent’s human rights architecture, its inability to clearly articulate how states ought to advance …

The Right To Hope: A New Perspective Of The Right To Have Expectations, Opportunities And Plans, Juan Carlos Riofrio

Washington and Lee Journal of Civil Rights and Social Justice

Hope has been considered to be an important and constitutive aspect of the human person, not only by philosophers of all backgrounds, but also by international and national courts of several countries especially in the last decade. As an existential aspect of each person, hope has multiple manifestations in private and public life. Up until now, authors and some cases have been discussing particular manifestations of the right to hope. While in the past these courts were more aware of the hopes raised in judicial litigation and ordinary life, now the inmates’ hope of being released is the major point …

A Miscarriage Of Justice: How Femtech Apps And Fog Data Evade Fourth Amendment Privacy Protections, Rachel Silver

Washington and Lee Journal of Civil Rights and Social Justice

After the fall of Roe v. Wade, states across the country have enacted extreme abortion bans. Anti-abortion states, emboldened by their new, unrestricted power to regulate women’s bodies, are only broadening the scope of abortion prosecutions. And modern technology provides law enforcement with unprecedented access to women’s most intimate information, including, for example, their menstrual cycle, weight, body temperature, sexual activity, mood, medications, and pregnancy details. Fourth Amendment law fails to protect this sensitive information stored on femtech apps from government searches. In a largely unregulated private market, femtech apps sell health and location data to third parties like Fog …

Show Me The Money: How Bankruptcy Courts Could Become The Most Equitable Mass Tort Forum, Olivia Maier

Washington and Lee Journal of Civil Rights and Social Justice

The Texas Two-Step has emerged as a dangerous bankruptcy maneuver for companies to defend against mass tort liability. The process allows a company to allocate all of its tort liability to a newly created company which then files for bankruptcy. The Bankruptcy Code provides instantaneous benefits for that new company, which tort victims are left unable to proceed with their claims. This has resulted in an inequitable process, and outcomes, for those victims as seen by the recent Johnson & Johnson Texas Two-Step. While this process is unjust, it has raised an interesting question: could a bankruptcy court become the …

Takings In Disguise: The Inequity Of Public Nuisance Receiverships In America’S Rust Belt, Anna Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

Since they were created in the 1980s in Cleveland, Ohio, public nuisance receiverships have spread across the American Rust Belt. This Note critically analyzes the legal implications of public nuisance receiverships, which involve the intrusion onto private property for public purposes. Despite claims that these actions align with exceptions to due process or public nuisance principles, a deeper examination reveals their fundamental nature as government takings of private property. This Note dissects the legal framework within the context of the Fifth Amendment, debunking the applicability of the public nuisance exception, establishing that receiverships constitute takings, and highlighting conflicts with Anti-Kelo …

Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson

Faculty Works

The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least once. As such, it is easy to see why the legal cannabis trade may generate annual revenues exceeding $30 billion in Fiscal Year 2022 alone.

One inconvenient truth, however, is that the parties to any cannabis trade may face a range of difficulties due to conflicts between federal and state laws. These difficulties include the fact that many financial institutions are reluctant to handle cannabis proceeds. One reason is that a lack of alignment in terms …

Horace Binney (1780–1875): A Philadelphia Legend, Joel Fishman

Law Faculty Publications

Horace Binney was the leading lawyer of Philadelphia during the first three-quarters of the nineteenth century. As a practitioner before the State and Federal Courts, including the case of Vidal v. Girard’s Executors (the Girard Will Case) in the U.S. Supreme Court (1844), and for his numerous civic activities and legal writings, Binney was one of the most accomplished lawyers that ever graced the Philadelphia bar. This article will review his life and works.

We Need To Understand How Chatgpt Can Be Used For A Contract Drafting Class And Change Our Pedagogy To Compensate, Ben Fernandez

UF Law Faculty Publications

You might think ChatGPT would not work well to assist students in a law school class on Contract Drafting. The model was not created for that purpose and it has no legal training. But you would be wrong. There are deficiencies but they can easily be compensated for. A student who knows what they are doing can use the model to do the work for a drafting class. As a result, law professors who teach Contract Drafting need to understand how to use ChatGPT, and how effective it can be as a drafting tool. And we also need to think …

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

Articles

Antitrust scholars have widely debated the paradox of Amazon seemingly wielding monopoly power while charging low prices to consumers. A single company's behavior thereby helped spark a vibrant intellectual conversation as scholars debated why Amazon's prices were so low, whether enforcers should intervene, and, eventually, how the field of antitrust should be reformed. One of the main sources of agreement in these and other scholarly conversations has long been that Amazon charges low prices. This Article challenges that assumption by demonstrating that Amazon customers may pay significantly higher prices than is commonly understood due to strategies that do not necessarily …

Trauma-Informed Policing: The Impact Of Adult And Childhood Trauma On Law Enforcement Officers, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Honorable Amy Dunn Johnson

Law Faculty Scholarship

For every six months that a police officer serves in the line of duty, he or she is likely to experience an average of three traumatic events. Such events may include fatal accidents, murders, suicides, and active threats to the life of the officer or someone else. Given the wealth of available data on how trauma reorganizes the nervous system to respond to everyday stimuli as threatening, this is an area that cries for critical exploration, especially in light of the frequency with which unarmed Black civilians are killed at the hands of officers who often make split-second decisions to …

Private Police Regulation And The Exclusionary Remedy: How Washington Can Eliminate The Public/Private Distinction, Jared Rothenberg

Washington Law Review

Private security forces such as campus police, security guards, loss prevention officers, and the like are not state actors covered by the Fourth Amendment’s prohibition against unreasonable searches and seizures nor the Fifth Amendment’s Miranda protections. As members of the umbrella category of “private police,” these private law enforcement agents often obtain evidence, detain individuals, and elicit confessions in a manner that government actors cannot, which can then be lawfully turned over to the government. Though the same statutory law governing private citizens (assault, false imprisonment, trespass, etc.) also regulates private police conduct, private police conduct is not bound by …

The Awkward Middle For Automated Vehicles: Liability Attribution Rules When Humans And Computers Share Driving Responsibilities, William H. Widen, Philip Koopman

Articles

This Article proposes an architecture of concepts and language for use in a state statute that establishes when a human occupant of an automated vehicle (AV) has contributory negligence for her interactions with a driving automation system. Existing law provides an insufficient basis for addressing the question of liability because a driving automation system intentionally places some burden for safe operation of an AV on a human driver. Without further statutory guidance, leaving resolution to the courts will likely significantly delay legal certainty by creating inefficient and potentially inconsistent results across jurisdictions because of the technological complexity of the area. …