Law Commons^™

The Impact Of Insulating Immigration Courts From Judicial Review On America’S New Generation Of Families, Christian Sanchez Leon

Washington and Lee Law Review

This Note could be read as another Note addressing Congress’s power to strip jurisdiction from Article III courts. Yet, when this power is exercised in the immigration context, its impact extends far beyond the realm of checks and balances. Instead, this Note is about the insulation of the Board of Immigration Appeals (“BIA”) and its unfettered ability to create, interpret, and adjudicate its own laws. Not allowing courts to review BIA decisions leaves mixed-status families vulnerable to the harsh consequences of inherently arbitrary decisions made by executive officers.

These practices go against the established common law principles of family unity. …

Digital Property Cycles, Joshua Fairfield

Washington and Lee Law Review

The present downturn in non-fungible token (“NFT”) markets is no cause for immediate alarm. There have been multiple cycles in both the legal and media focus on digital intangible property, and these cycles will recur. The cycles are easily explainable: demand for intangible property is constant, even increasing. The legal regimes governing ownership of these assets are unstable and poorly suited to satisfying the preferences of buyers and sellers. The combination of demand and poor legal regulation gives rise to the climate of fraud that has come to characterize NFTs, but it has nothing to do with the value of …

2023 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2023 issue of the CLIHHR Newsletter honors the legacy of Benjamin B. Ferencz and reflects on the Institute’s continued commitment to international justice and atrocity prevention. It features tributes to Ferencz’s life and work, updates on student and clinic achievements, including success at the Clara Barton International Humanitarian Law Competition, international fieldwork in Argentina and India, major conferences on sexual and gender-based crimes, faculty engagement in global legal advocacy, and partnerships advancing survivor-centered and intersectional justice. The newsletter highlights CLIHHR’s dedication to human rights education, accountability, and global collaboration.

How The Blockchain Undermined Digital Ownership, Aaron Perzanowski

Washington and Lee Law Review

The shift from a market built around the sale of tangible goods to one premised on the licensing of digital content and services has done significant and lasting damage to the notion of individual ownership. The emergence of blockchain technology, while certainly not necessary to reverse these trends, promised an opportunity to attract investment and demonstrate consumer demand for marketplaces that recognize meaningful digital ownership. Simultaneously, it offered an avenue for alleviating worries about hypothetical widespread reproduction and unchecked distribution of copyrighted works. Instead, many of the most visible blockchain projects in recent years—the proliferation of new cryptocurrencies and the …

Introduction: The Arc Of Race In Professional And Collegiate Sports Symposium, Kenneth D. Ferguson

Faculty Works

This introduction will highlight the five articles featured in the symposium issue of the UMKC Law Review and will also situate those articles in the Sports Law Symposium titled, The Arc of Race in Professional and Collegiate Sports. The goal of the two-day virtual symposium was to bring together leading legal, social science, and medical science scholars to engage in discourse concerning how race and gender have affected and continue to influence decision making in professional and collegiate sports. The symposium exposed how race, culture, ethnicity, and gender affect a wide range of phenomena in scientific fields such as neuropsychological …

Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor

MC Law Review

On June 23, 1972, Congress enacted the Title IX Education Amendment of 1972. Title IX prohibits discrimination based on sex in education programs and activities operated by recipients of federal financial assistance. Title IX’s core is the concept that students may not be denied educational opportunities based on their sex. Title IX’s protections extend to school activities, including admissions, financial aid, student services, counseling services, athletics, and physical education. The Title IX legislation eliminates sex-based discrimination to ensure all students—both male and female––have access to and equality in education.

The enactment of Title IX led to an upward trajectory for …

Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

Masthead

UC Law Business Journal

No abstract provided.

International Recognition Of The Right To A Healthy Environment: What Is The Added Value For Latin America And The Caribbean?, Maria Antonia Tigre

Sabin Center for Climate Change Law

Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations, evidences greater uniformity and certainty in understanding human rights obligations relating to the environment. But what value do the resolutions add to the regional recognition of the right in Latin America and the Caribbean (LAC)? Through judicial and legislative developments, LAC has …

Targeting Free Speech & Redefining Antisemitism: How Pro-Israel Actors Are Using Us Laws To Attack Palestinian Activism & Solidarity, Lara Friedman

University of the Pacific Law Review

No abstract provided.

Attacking The Palestine Freedom Movement Means Attacking The First Amendment Too, Dima Khalidi

University of the Pacific Law Review

No abstract provided.

Identity, Social Justice And Learning Communities In The Age Of Contested Campus Politics, Mira Sucharov

University of the Pacific Law Review

No abstract provided.

Sports Leagues: Challenges To Enter, Maintain, And Remain, Jeffrey S. Moorad Sports Law Journal

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Love Doesn't Liv Here Anymore: Legal Battles Onset Between The Pga Tour, Professional Golfers, And The Liv Golf Tour, Nicole Antolino

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Preface To Volume 14, Issue 2, Peter A. Carfagna

Articles

No abstract provided.

The Future Of Data Protection Enforcement In Canada: Lessons From The Gdpr, Guilda Rostama, Teresa Scassa

Canadian Journal of Law and Technology

Imagine a not-too-distant scenario in which a private sector organization in Canada is investigated by the Privacy Commissioner of Canada jointly with the Commissioners of Quebec, British Columbia (‘‘BC”), and Alberta in relation to complaints that it shared massive quantities of personal data with third parties contrary to its stated practices in its privacy policies. Imagine also that each of the commissioners is empowered under newly amended data protection legislation to issue substantial Administrative Monetary Penalties (‘‘AMPs”). If each of the commissioners finds that its respective laws were breached, should the organization be subject to four different AMPs, or just …

The Challenge Designing Intermediary Liability Laws, Emily Laidlaw

Canadian Journal of Law and Technology

The ideal framework for intermediary liability has vexed policymakers since the internet’s commercialization. The quest has taken on a frenzied pace in recent years with intense scrutiny of who they are, what they do and what they should be responsible for. Over the years a theme has emerged from my discussions about intermediaries, and its subset platforms, and it prompts me to explore it as the focus of this article. My question is simple: why is it so difficult for law and policymakers to agree on a regulatory framework?

This article tackles two parts of the regulatory challenge that are …

Board Of Editors

South Carolina Law Review

No abstract provided.

Through The Looking Glass: Professional Responsibility, The Public Interest, And The Future Of Legal Ethics And Lawyer Regulation In The United States: Speech: Welcome And Opening Remarks, William C. Hubbard

South Carolina Law Review

No abstract provided.

Law School Faculty

South Carolina Law Review

No abstract provided.

In Re Anonymous Applicant For Admission To The South Carolina Bar, O. Gracie Fowler

South Carolina Law Review

No abstract provided.

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …

Modelling Climate Litigation Risk For (Re)Insurers, Martin Lockman

Sabin Center for Climate Change Law

In response to the growing threat of climate change, the insurance industry has made significant investments in modelling and quantifying physical climate risks. However, the emerging risk of climate litigation has proven particularly difficult to model. In 2015 Mark Carney, then-Governor of the Bank of England and Chairman of the Financial Stability Board, warned that climate litigation poses “long-tail risks” for insurers that may be “significant, uncertain and non-linear.” Since that warning, the number of climate-related cases has more than doubled, and the scope and financial significance of climate litigation has become increasingly clear. However, insurers and regulators still struggle …

Corporate Compliance's Achilles Heel, Miriam Baer

Faculty Scholarship

No abstract provided.

In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo

Journal of Dispute Resolution

A sense of crisis in the administration of civil justice is widespread. Whether the typical difficulties faced by many countries unfold in excessive costs and delays, they have stark implications for the effectiveness of the procedural systems and access to justice. Several new institutions evolved to deal with this state of crisis. Amongst them, the judicially-led settlement, which has the peculiarity of being an alternative tool, despite being performed in the courtroom, made inroads worldwide. However, the pro-adjudication rhetoric raised and continue to raise severe qualms of parties’ coercion and judicial partiality resulting from the judge’s dual role as conciliator …

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

Federal Agency Perspectives And Funding Opportunities For Weed And Invasive Plant Research, Stephen L. Young, James J. Kells, Vijay K. Nandula

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Weeds and invasive plants know no borders and have collectively impacted many ecosystems worldwide, including croplands, forests, grasslands, rangelands, wetlands, and riparian areas. Losses continue to mount, affecting yield and productivity, species diversity, and ecosystem services, with both short- and long-term repercussions on the sustainability of plant and animal communities and the livelihoods of many. New and emerging invasive plants, along with many of the most intractable weeds, have undermined even the best control efforts, serving as a reminder of the constant need for improvements in science, application, and technology. One of the main reasons for the success of weeds …

Including Minority Parties In Policymaking: A Legislative Requirement To Address Member Interests, Joseph Crupi

Michigan Law Review Online

Legislatures face a tension between legislative effectiveness and the inclusion of minority parties in policymaking. On one hand, providing minority party members with a meaningful role in the development of legislation may decrease the efficiency of the policymaking process, decrease the extent to which legislation meets the interests of majority party members, and increase the likelihood of gridlock if minority parties have the power to block legislation. On the other hand, excluding minority party members from the policymaking process may leave a significant portion of the public with no meaningful representation in the development of major legislation. This effective lack …

(E)Racing Speech In School, Francesca L. Procaccini

Vanderbilt Law School Faculty Publications

Speech on race and racism in our nation’s public schools is under attack for partisan gain. The Free Speech Clause of the First Amendment teaches a lot about the wisdom and legality of laws that chill such speech in the classroom. But more importantly, a First Amendment analysis of these laws reveals profound insights about the health and meaning of our free speech doctrine.

Through a First Amendment analysis of “anti-critical race theory” laws, this essay illuminates the first principles of free speech law. Specifically, it shows that the First Amendment offers little refuge to teachers or parents looking to …

Delegalization, Lauren Sudeall

Vanderbilt Law School Faculty Publications

The lack of resources available to assist low-income litigants as they navigate the legal system has been widely documented. In the civil context- where a majority of cases involve eviction, debt collection, and family matters--various solutions have been offered to address the problem. These include expanding the civil right to counsel; increasing funding for civil legal aid; providing for greater availability and accessibility of self-help services; adopting a more flexible approach to the provision of legal services (including, for example, unbundled and limited legal services options); scaling back unauthorized-practice-of-law regulation and allowing for higher utilization of other service providers; and …