Law Commons^™

Freedom To Pray, Not To Protest, Leah Reiss

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Supreme Court has never definitively ruled on the constitutionality of curfews that target political activity. Historically, curfews have been very difficult to challenge. They suffer from mootness issues because they tend to be temporary in nature, so associated harms are also temporary. Likely as a result, challenges to curfews more commonly take the form of a complaint regarding misconduct by a law enforcement officer during the curfew, rather than a facial challenge to the curfew itself. Further, courts are typically deferential to state claims of police power, which provides the authority for state and local governments to take action …

Tea And Donuts, Derek E. Bambauer, Robert W. Woods

Minnesota Law Review Vols. 106:2 onward (2021-present)

U.S. trademark law often permits simultaneous use of the same brand by multiple entities. Its approach to deciding when and how this concurrent use is permissible has become antiquated, rooted in outdated assumptions about trade and telecommunications. By using the physical location of mark-users as a proxy for consumer confusion, trademark law creates doctrinal inconsistencies, undercuts trademark law’s notice function, and can cause the confusion it seeks to prevent. In theory, someone who registers their mark with the U.S. Patent and Trademark Office obtains nationwide rights; in practice, those rights remain limited to the places where the registrant actually conducts …

Acorporation, Inc.: Corporate Form As Art Project And Advocacy, Chad Erpelding, Ruth Jebe, Jeff Lingwall

University of Baltimore Law Review

No abstract provided.

To Hear Or Not To Hear?—Resolving A Federal Court’S Obligation To Hear A Case Involving Both Legal And Declaratory Judgment Claims, Katherine A. Gustafson

University of Baltimore Law Review

No abstract provided.

When Justice Depends On It: The Need For Professional Standards For Mitigation Development In All Criminal Cases, Elizabeth S. Vartkessian, Thea Posel, Anthony Ginez, Lela Hubbard

University of Baltimore Law Review

No abstract provided.

Reasonable For Whom? A Consideration Of The Appropriate Reasonableness Standard Where Battered Woman Syndrome Evidence Is Relevant To A Duress Defense, Samantha Stephey

University of Baltimore Law Review

No abstract provided.

Development & Validation Of A Scale Of Diversity, Equity & Inclusion, Alexander Davy

Masters Theses & Specialist Projects

Diversity, equity, and inclusion (DEI) are important to organizations and their employees. However, confusion in conceptualization and operationalization hinders the development of DEI research and application. The purpose of this study was twofold. First, I conceptualized DEI as a composite construct of three interrelated but differentiated components, that is, diversity, equity, and inclusion. Possible relationships among the three constructs were discussed. Second, I developed a three-dimensional scale to measure diversity, equity, and inclusion as separate constructs. The scale showed acceptable reliability, with Cronbach’s alpha levels for the overall scale and subscales range from .81 to .94. Convergent and divergent validity …

The Uncertain Judge, Courtney M. Cox

University of Chicago Law Review

The intellectually honest judge faces a very serious problem about which little has been said. It is this: What should a judge do when she knows all the relevant facts, laws, and theories of adjudication, but still remains uncertain about what she ought to do? Such occasions will arise, for whatever her preferred theory about how she ought to decide a given case—what I will call her preferred “jurisprudence”— she may harbor lingering doubts that a competing jurisprudence is correct instead. And sometimes, these competing jurisprudences provide conflicting guidance. When that happens, what should she do?

Drawing on emerging debates …

In Defense Of Chapter 11 For Mass Torts, Anthony J. Casey, Joshua C. Macey

University of Chicago Law Review

This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going concern value and lead to the dismemberment of valuable firms. Coordination among claimants is difficult as each one seeks to maximize its own recoveries. These are the very collective action and holdout problems that bankruptcy proceedings are designed to solve. As such, bankruptcy proceedings are appropriate means of resolving mass torts as long as they …

Beyond States: A Constitutional History Of Territory, Statehood, And Nation-Building, Craig Green

University of Chicago Law Review

The United States has always been more than simply a group of united states. The constitutional history of national union and component states is linked to a third category: federal territory. This Article uses an integrated history of territory, statehood, and union to develop a new framework for analyzing constitutional statehood. Three historical periods are crucial—the Founding Era, the Civil War, and Reconstruction—as times when statehood was especially malleable as a matter of constitutional law. During each of those formative periods, the most important constitutional struggles about statehood and the union involved federal territories.

Conflicts about territories reveal an important …

Taming Wildcat Stablecoins, Gary B. Gorton, Jeffery Y. Zhang

University of Chicago Law Review

Cryptocurrencies, including stablecoins, are all the rage. Investors are exploring ways to profit off of them. Governments are considering ways to regulate them. While the technology underlying cryptocurrencies is new, the economics is centuries old. Oftentimes, lawmakers are so focused on understanding a new technological innovation that they fail to ask what exactly is being created.

In this case, the new technology has recreated circulating private money in the form of stablecoins, which are similar to the banknotes that circulated in many countries during the nineteenth century. The implication is that stablecoin issuers are unregulated banks. Based on lessons learned …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Preserving Constitutional Integrity In The Age Of Cyberwarfare: A Paper Tiger, Or Death By A Thousand Cuts?, Darren Singh

UC Law Constitutional Quarterly

The Constitution is meant to serve as a necessary constraint on unilateral Executive military actions. Today, nation-states and non-state actors can launch devastating cyberattacks on the infrastructure, economy, military, and democratic systems of the United States. These attacks do not fall within the realm of “hostile actions” necessary to constitute war. Cyberattacks from adversaries are best deterred with offensive cyberattacks of our own. The President is the best actor to superintend and direct this active defense. Neither the Constitution nor the War Powers Resolution, however, offer a framework for how the United States may respond to these threats while also …

Jurisdictional Conflicts In Adult Guardianship, David M. English

Faculty Publications

The case of Britney Spears has shined a spotlight on guardianship, a subject area in which there has been increasing interest in recent years. The events surrounding Ms. Spears s case all occurred in a single jurisdiction, California. But with Americas increasingly mobile population, an individual for whom a guardianship is sought may have contacts with multiple states and, in some cases, foreign countries. Furthermore, following the appointment of a guardian, the guardian or individual subject to guardianship may move to another jurisdiction; it may become necessary to transfer the guardianship proceeding to another jurisdiction or seek ratification of a …

The Intersection Of Nfts And Structured Finance, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

Blockchain technology, cryptocurrencies, stablecoins and non-fungible tokens (NFTs) continue to invade financial markets. Whether through partnerships between financial institutions and tech firms or through in-house initiatives at some of the nation’s largest banks, blockchain-based products, services, and transactional structures are a major point of interest. In a recent work by Professor Steven Schwarcz, the growing NFT market is analyzed using the traditional tools of structured finance. Creating a new conceptual model called non-cash-flow monetizations, Professor Schwarcz reveals the risks to investors and markets, if the tokenization of non-traditional and largely illiquid assets proliferates. Having identified the potential harms, he offers …

Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen

Faculty Scholarship

A case study for how to use digital object identifiers (DOIs) to make online journals more accessible and improve their site user reports.

Pro-Choice Plans, Brendan S. Maher

Faculty Scholarship

After Dobbs v. Jackson Women’s Health Organization, the United States Constitution may no longer protect abortion, but a surprising federal statute does. That statute is called the Employee Retirement Income Security Act of 1974 (“ERISA”), and it has long been one of the most powerful preemptive statutes in the entire United States Code. ERISA regulates “employee benefit plans,” which are the vehicle by which approximately 155 million people receive their health insurance. Plans are thus a major private payer for health benefits—and therefore abortions. While many post-Dobbs anti-abortion laws directly bar abortion by making either the receipt or provision of …

Development Of A Cannabinoid Testing Method Using Blood Collection Cards And Lc-Ms/Ms, Lindsey K. Reynolds, Matt J. Vergne

Student Works

Cannabis is one of the most widely used drugs in the world. Marijuana is a type of cannabis with high amount of Δ9-tetrahydrocannabinol (Δ9-THC) which is psychoactive and intoxicating. Δ9-THC affects alertness and concentration, reducing driving skills when one is intoxicated. Law enforcement of driving under the influence of drugs (DUID) is difficult for police because there is no rapid way to test for Δ9- THC intoxication at the scene of an accident or police stop. Currently, police have to take suspects to a facility to acquire blood samples for testing and the average time before testing is more than …

A New Deal For A Right To Work: Confronting Racism And Inequality In The U.S., James A. Gross

The Scholar: St. Mary's Law Review on Race and Social Justice

Whites have always controlled the country’s major economic and political institutions at all levels. Starting with slavery, the enduring and pervasive dogmas of White superiority and Black inferiority, once openly asserted as “keeping Negroes in their place,” were also used to restrict Black men and women to subordinate “negro jobs.” The vast riches of the United States “were available to all who had the enterprise to take them and the good fortune to be White.”

This denial of the right to work in freely chosen endeavors continues to have immense consequences for Black men, women, and children in every aspect …

The Legacy Of Trust Promises: Native American Healthcare (Note), Hailey Trawick

The Scholar: St. Mary's Law Review on Race and Social Justice

From European colonialism to the establishment of the United States, the rights, history, and independence of Native Americans have been systematically stripped away. The American government expanded rapidly, forcibly displacing indigenous populations from their native lands and moving them to reservations with inferior resources and space. During a forced removal, often instituted by treaties between American Indian tribes and the federal government, government officials offered protection and access to resources in exchange for vast tribal land. Although treaty-making with American tribes ended over a century ago, their deleterious and often broken promises continue to haunt us.

Part I of this …

Why Indiana Harbor Is The Worst Torts Decision In American History

Connecticut Law Review

Judge Richard A. Posner’s opinion for the Seventh Circuit in Indiana Harbor Belt Railroad Co. v. American Cyanamid Co., concerning a spill of the hazardous chemical acrylonitrile at a railyard near Chicago, is considered the definitive statement on the abnormally dangerous activity doctrine. That doctrine (also known as the ultrahazardous activity doctrine) holds that one who engages in an abnormally dangerous activity is strictly liable for harm caused to others, regardless of negligence. However, Judge Posner’s opinion suggests that strict liability should rarely displace the negligence standard, even for commercial activities that externalize high degrees of risk. That approach leads …

Cost Of Capitol: Analyzing Congressional Insider Trading Regulation, Hannah Levy

Finance Undergraduate Honors Theses

The United States Congress has involved itself with the financial regulation of big business for decades. The legislative body has passed a multitude of laws over time which foster greater transparency and trust between individual investors and big business. Until recently, legislators have avoided passing laws which regulate their own financial activity. Recent investigations revealing that dozens of federal lawmakers have violated financial disclosure laws and made stock trades on insider information has successfully angered the public and forced Congress to consider tighter restrictions. But can Americans trust their legislators to effectively regulate themselves? If no legislative action is taken, …

Journal Of Food Law & Policy - Spring 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

May 2023 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The May 2023 Annual Report prepared for The Laura and Isaac Perlmutter Foundation highlights the achievements of the Perlmutter Center for Legal Justice in its first year. The report covers events, partnerships with organizations like Legal Aid, and the launch of initiatives such as the Forensic Science Education Program. It introduces key staff members and emphasizes the Center's mission to promote justice by addressing unreliable forensic science, educating legal professionals, and providing services through the Freedom and Clemency Clinics. Overall, the report showcases the Center's commitment to advancing legal justice and making a positive impact.

Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School

Reports and Resources

No abstract provided.

Adversarial Election Administration, Rebecca Green

North Carolina Law Review

No abstract provided.

The "Sole Shareholder" Shield: How The Supreme Court Of North Carolina Narrowed The Scope Of The Public Records Act And Limited Government Accountability, Katrina Hauprich

North Carolina Law Review

No abstract provided.

Human Rights Justifications For Allowing The U.S. Regulation Moratorium On Commercial Spaceflight To Expire, Sydney Warinner

Case Western Reserve Law Review

No abstract provided.

What Can Professors Say In Public? Extramural Speech And The First Amendment, Keith E. Whittington

Case Western Reserve Law Review

No abstract provided.