Law Commons^™

Cracking The Shield: Cda Section 230, Algorithms, And Product Liability, Kevin Ofchus

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fourth Amendment: Without Your Clothes, The Fourth Amendment Goes, Courtney Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Halfway Deals: Or, When Is A Non-Contract A Contract?, David Crump

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Filling The Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism, Madalyn J. Goolsby

University of Arkansas at Little Rock Law Review

No abstract provided.

Consumer Protection & Bankruptcy Law—Rewarding Repayment: Removing The Fear From Crushing Student Loan Debt Through Alternatives To Discharge, Sarah Holden

University of Arkansas at Little Rock Law Review

No abstract provided.

Lost In Transmission: How To Bring More Clean Energy Onto The Grid, Ryan Block

Student Scholarship

The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid. It reviews the statutory underpinnings of FERC’s interconnection authority and analyzes key federal regulations, including pending FERC proposals, and finds that current backlogs are the product of …

Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl

Marquette Law Review

It has been more than a quarter century since Congress enacted twin safe harbor provisions to help protect and encourage the growth of a nascent internet by removing some liability and regulatory uncertainty. Today, there are calls for a similar safe harbor provision for blockchain, the technology behind cryptocurrencies and smart contracts. What lessons have we learned from the implementation of the internet safe harbor provisions, Section 230 of the Communications Decency Act, and Section 512 of the Digital Millennium Copyright Act? This Article charts the history of those provisions and their judicial construction over the decades. It also examines …

Veto The Black-Box Politics: How Implementing Blockchain Technology Into The United States Voting System Will Give Our World The Transparency We Deserve, John J. Healy

Hofstra Law Review

The article focuses on the legal standards regarding golfer liability for damages to adjacent people and property caused by errant golf shots. It critiques existing defendant-friendly standards and proposes a strict-liability standard, arguing that it would be more appropriate given the potential dangers posed by golf. It discusses various jurisdictional approaches to golfer liability, highlighting inconsistencies and shortcomings in the current legal framework.

Auditing The Auditors: Overregulations Under The Sarbanes-Oxley Act, Sheila Krische

Hofstra Law Review

The article analyzes the constitutional authority of the SEC (U.S. Securities and Exchange Commission) and PCAOB (Public Company Accounting Oversight Board) to regulate auditors' examination practices, amidst recent scandals involving major auditing firms. It questions their statutory mandate and explores the balance between self-regulation and government oversight in the accounting profession.

Chatgpt And Works Scholarly: Best Practices And Legal Pitfalls In Writing With Ai, Bill Tomlinson, Andrew W. Torrance, Rebecca W. Black

SMU Law Review Forum

Recent advances in artificial intelligence (AI) have raised questions about whether the use of AI is appropriate and legal in various professional contexts. Here, we present a perspective on how scholars may approach writing in conjunction with AI and offer approaches to evaluating whether or not such AI-writing violates copyright or falls within the safe harbor of fair use. We present a set of best practices for standard of care with regard to plagiarism, copyright, and fair use. As AI is likely to grow more capable in the coming years, it is appropriate to begin integrating AI into scholarly writing …

With More Power Comes More Responsibility: The Supreme Court Of North Carolina Acknowledges Nurse Autonomy, But Clearer Guidelines Surrounding Liability Are Needed, Laura Fisher

North Carolina Law Review

No abstract provided.

Unshackling Cities, Felipe Ford Cole

University of Chicago Law Review

Scholars have long demonstrated that cities are constrained by states and the federal government in the exercise of their power. While important, the emphasis on these “vertical” constraints on cities does not account for the “horizontal” constraints on city power from private actors. This Article suggests that the emphasis on vertical constraints on city power is due to a misunderstanding of the history of local government law that describes its sole function as the vertical distribution of power between cities and different levels of government. I revise the history of Dillon’s Rule, the doctrinal cornerstone of local government law’s vertical …

Stating The Obvious: Departmental Policies As Clearly Established Law, Eliana Fleischer

University of Chicago Law Review

Qualified immunity is a judge-made doctrine originally created to shield officers from liability only when they could not have been on notice that their actions were wrongful. In the four decades since the Supreme Court first articulated this justification for qualified immunity, the doctrine has become unmoored from its roots and has expanded to protect officers even in the face of clear evidence that the officers should have known better.

The test for qualified immunity states that officers are immune from liability in the absence of clearly established law that previously condemned their conduct, but the Supreme Court has not …

The Fair Housing Act After Inclusive Communities: Why One-Time Land-Use Decisions Can Still Establish A Disparate Impact, Kate Gehling

University of Chicago Law Review

The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant’s policy or practice, although facially neutral, nevertheless has discriminatory effects because it disproportionately negatively affects a protected class. In its 2015 opinion, Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the Supreme Court affirmed that the FHA includes disparate impact liability but also potentially limited its applicability—the Court distinguished between a defendant’s policy and a one-time decision by a defendant, …

The Abandonment Of International College Athletics By Nil Policy, Victoria J. Haneman, David P. Weber

North Carolina Law Review

No abstract provided.

Unbundling Business Bankruptcy Law, Melissa B. Jacoby

North Carolina Law Review

No abstract provided.

Populist Constitutionalism, Anya Bernstein, Glen Staszewski

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Medical Care Vs. Medicalization: The Implications Of The Fourth Circuit's Decision In Williams V. Kincaid, Huma Khursheed

North Carolina Law Review

No abstract provided.

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.

The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …

Community Benefit Sharing And Renewable Energy And Green Hydrogen Projects: Policy Guidance For Governments, Perrine Toledano, Chris Albin-Lackey, Maria Diez Andres, Martin Dietrich Brauch

Columbia Center on Sustainable Investment

The massive and rapid expansion of renewable energy is needed to limit global warming, so its social acceptance must be assured. While not a silver bullet, well-designed and governed benefit-sharing arrangements can lead to beneficial outcomes in ways that speak to affected communities’ needs and interests.

In partnership with the Green Hydrogen Organization and to support the efforts of the Planning for Climate Commission, this report offers high-level guidance to governments that seek to ramp up the development of renewable energy projects, including power generation and grid infrastructure. The report emphasizes that governments need a strong and coherent policy approach …

Staff Matters: Supporting Employees After A Maternity Leave, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article reviews federal law regarding employer obligations to new mothers, including the Fair Labor Standards Act and the Providing Urgent Maternal Protections for Nursing Mothers Act. The article contains suggestions for ways to support new mothers returning to work in a practice. This article is an installment of the MDA Journal’s monthly Staff Matters^® department.

It Is Imperative To Perform Event Studies Only With High-Frequency Intraday Data For Securities Litigations And Valuations, Rajeev R. Bhattacharya, Joseph J. Bial, Alex J. Evans

Journal of International Business and Law

We provide an overview of the legal framework for the analysis of market efficiency in securities class actions. Analyzing all publicly traded U.S. stocks for 2014 - September 2021, using intraday data from TAQ, TRACE, I/B/E/S, and Capital IQ, using daily data from CRSP, Compustat, CRSP-Compustat Merged Database, and FRED, we find that all reaction, overreaction, correction, overcorrection, bounceback, etc., for equities, are systemically all out of the system within two hours after a potentially material event. Therefore, it is imperative to use high-frequency intraday data for event studies and market efficiency work, in the case of every securities litigation …

Building Seats At The Table: The Use Of Worker-Driven Social Responsibility Agreements To Address Forced Labor In The Global Value Chain, Natasha H. Sarna

Journal of International Business and Law

No abstract provided.

Above Reproach? The U.S. Supreme Court's Ethical Issues, Christopher J. Przemieniecki, Jana Nestlerode, Carli Younce

Criminal Justice Faculty Publications

With society scrutinizing the American criminal justice system, a standard of ethics becomes ever so important for law enforcement officials, members of the bench, and correctional personnel. Creating a code of conduct not only benefits the individual players in the criminal justice system but it also protects the integrity of each institution. Unfortunately, one of the most important judicial branches in the criminal justice system, the United States Supreme Court, does not have, nor follow an ethical code of conduct. This creates a problem for criminal justice practitioners, the media, and society. This article examines the current requirements for a …

Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Importance of Property Rights

September 29-30, 2022

Panel 1: The Importance of Property Rights: A Tribute to James S. Burling

Panel 3: Roundtable: Emerging Issues in Takings and Property Rights Litigation

Featured Authors (Burling, Kanner, and Valois)

Persistent Impediments And The Geography Of “Affirmatively Furthering” Fair Housing: The Case Of Erie County, Ny, Jason Knight, Heather R. Abraham, Christopher Holtkamp, Russell Weaver

Journal Articles

Despite the passage of the Fair Housing Act in 1968, segregation and discrimination remain key characteristics of the American housing system. The Act sought to reverse decades of private and public sector policies that contributed to segregated neighborhoods and the exclusion of protected classes from equal access to housing. Under the Act, communities receiving funds from US Department of Housing and Urban Development (HUD) are required to “affirmatively further fair housing” (AFFH). This paper examines the AFFH mandate as operationalized by HUD grantees in Erie County, NY, by evaluating six Analysis of Impediments (AI) to Fair Housing reports prepared from …

Regionalization And Access To Fair Housing In Erie County, Ny, Christopher Holtkamp, Russell Weaver, Heather R. Abraham, Jason Knight

Journal Articles

This paper examines how political fragmentation in Erie County, NY, USA impacts the availability of affordable housing and economic opportunity for residents. In the post-World War II era, employment rapidly migrated to the suburbs, resulting in spatial disconnections between extant residential geographies of the principal City of Buffalo and older, inner-ring suburbs, and the emerging economic geographies of second- and outer-ring municipalities. Stated alternatively, the typical distance between workers and workplace steadily increased. As jobs suburbanized, affordable housing opportunities did not, leaving many low-income residents either isolated from new employment opportunities altogether or paying higher transportation costs for employment farther …

On Fragmentation, Boundary Problems, And Movement Toward A Regional Fair Housing Regime In Erie County, Ny, Russell Weaver, Christopher Holtkamp, Jason Knight, Heather R. Abraham

Journal Articles

Prior to recent rule changes, which are still being deliberated as of this writing, Department of Housing and Urban Development (HUD) grantee communities charged with Affirmatively Furthering Fair Housing (AFFH) have been required to perform regular analyses of impediments (AIs) that identify barriers to fair housing in their territories. A central element of the AI is the delineation of racially or ethnically concentrated areas of poverty (R/ECAPs). Traditionally, grantees identify R/ECAPs using data for their jurisdictions only, ignoring surrounding communities. Doing so provides local decision-makers with knowledge about spaces in their territories where housing security might be relatively problematic, and …