Law Commons^™

Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, Zhining Zhang

Washington Journal of Law, Technology & Arts

The heated discussion stirred up by the U.S. regulatory actions against TikTok continues to this day. The nearly predatory popularity of this Chinese application has raised people’s awareness that the country is in urgent need of a fully developed policy in order to deal with the surge of robust foreign digital platforms.

This article gives the contour of the latest development of theories regarding the foreign tech-platforms regulation. Three contemporary frameworks are reviewed. The first laissez faire paradigm inherits the values of early neoliberalism to prevent a “Splinternet,” but its inaction fails to deal with novel security threats ranging from …

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly Lee Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Billboard Names Robert Meitus A Top Music Lawyer, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

For a musician, charting is generally perceived as a good thing. Whether it’s a national singles list like the Billboard Hot 100 or a local record store’s Top 10 of the Week, being listed among your peers can be rewarding. Robert Meitus is now on a chart of a different kind—Billboard magazine has just named him one of America’s “Top Music Lawyers” for 2023.

O-High-O: A Policy Note On Ohio's Current Push For Recreational Marijuana Legislation And How Other States Have Created Successful Recreational Marijuana Laws, Alexander M. Stewart

Et Cetera

Many states have gone on to pass comprehensive recreational marijuana laws that have greatly benefitted their economy, public health, and criminal justice system. Ohio currently allows for the use of marijuana for medicinal purposes, and there has been past attempts to enact legislation that would legalize the recreational use of marijuana, but the past proposals failed to gain the widespread support required to become law. This Note seeks to analyze and understand other states’ legislation in an attempt to understand what successful recreational marijuana legislation looks like. This Note concludes with a comprehensive proposal that contains all the essential elements …

An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur

Honors Projects

Sex education is arguably one of the most controversial subjects in the United States education system. Because education is primarily considered a state’s responsibility, it is difficult to ensure consistent material is being taught from state to state. Although comprehensive sex education has been proven to be effective, most states including Ohio, lean towards an abstinence-only approach. Ohio currently has very vague and limited sex education policies. In this paper, I will analyze sex education at the federal, state, and district levels (in Ohio) to determine the current state of affairs. I will utilize a case-study analysis of three Ohio …

Mmu: 04/24/23–04/30/23, Student Bar Association

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1L of the Week: Victoria Villanueva

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Lillian Ackley, Petitioner / Appellant, V. Utah Labor Commission And Lowes, Respondents / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Mark D. Dean, Attorneys for Respondent/Appellee Lowes, Chris Hill, Attorney for Respondent / Appellee Utah Labor Commission

Stony V. Olsen, Michael Gary Belnap, Attorneys for Petitioner/Appellant Lillian Ackley

The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, Xiang Li

Washington Journal of Law, Technology & Arts

The Biden Administration announced its support for the initiative at the World Trade Organization (WTO) to suspend patent rights protections for COVID-19 vaccines, in the hope of providing equitable and affordable access to the vaccines to low-income countries. Since then, domestic pharmaceutical companies have been voicing vociferous opposition, claiming that “[e]liminating IP protections undermines our global response to the pandemic and compromises safety.”2 Passing a patent waiver at the WTO means eligible member countries can opt to free themselves from the obligations to enforce qualifying patents, and anyone within those countries can accordingly practice the patents without infringement liability. It …

The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte

International Relations Honors Papers

Conflict-related rape—once thought to be an inevitable symptom of war—has been legally recognized as both a distinct weapon of war and a crime against humanity, yet it continues to be utilized with impunity. To understand why combatants rape, this paper examines the aspects of military culture that create environments in which raping is not only permissible, but encouraged; additionally, this paper considers cases of genocide in Bosnia and Rwanda in which rape was used systematically to achieve political goals, and how these conflicts contributed to new conceptions of rape in international criminal law. These new conceptions of conflict-related rape created …

Lillian Ackley, Petitioner/Appellant, V. Utah Labor Commission And Lowes, Respondents/Appellees.: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Mark D. Dean, Kristy L. Bertelsen, Attorneys for Respondent/Appellee Lowes, Chris Hill, Attorney for Respondent / Appellee Utah Labor Commission

Stony V. Olsen, Michael Gary Belnap, Attorneys for Petitioner/Appellant Lillian Ackley

John Doe, Appellant / Cross-Appellee, Vs. State Of Utah, Office Of State Debt Collection, Appellee / Cross-Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third District Court, Salt Lake County, from a dismissal of an appeal through a Petition for Judicial Review originating from an informal adjudicative proceeding before the State of Utah's Office of State Debt Collection, and dismissal of a Petition for Extraordinary Relief, Honorable Kent Holmberg presiding

SARAH GOLDBERG, JACOB H.B. FRANKLIN, SEAN D. REYES, Counsel for Appellees/Cross-Appellants

John Doe, Pro Se, Appellant/Cross-Appellee

When The Dog Bites (Reviewing Richard C. Ausness, These Are A Few Of My Least Favorite Things, 34 Quinnipiac Prob. L. J. 231 (2021)), Katheleen Guzman

Other Faculty Publications

No abstract provided.

Understanding China's Cryptocurrency Stance: Analysis Of The Recent Developments And Future Prospects, Zhengchun Wan

Cardozo International & Comparative Law Review (CICLR) Blog

In September 2021, the People’s Bank of China (PBOC), China’s central bank, in conjunction with nine other state bodies, including the police and the supreme court, issued a statement regarding the country’s stance on cryptocurrency businesses. There, regulators have explicitly stated that all cryptocurrency trading, exchanges, and investments—both crypto-to-crypto and crypto-to-fiat—are prohibited, whether they are carried out through domestic or international platforms. Despite China’s official strong hostilities toward cryptocurrencies, some believe the policy might change soon.

This post was originally published on the Cardozo International & Comparative Law Review on April 24, 2023. The original post can be accessed via …

Ndls Communicator: Week Of 04.24.23, Notre Dame Law School

NDLS Communicator

The Latest News

• John Garvey gives Rice-Hasson Distinguished Lecture
• Notre Dame Law School holds second annual Interfaith Dinner in observance of Ramadan, Passover, Easter, and Ridvan
• The DEI Podcast, Episode 5: The Mental Health Crisis in Prisons
• Harvard University Press releases Spanish translation of Professor Carter Snead’s book, ‘What It Means to be Human’
• Stephanie Barclay was interviewed in the Time article, "The Post Office Made a Christian Employee Work on Sundays. Now He's at the Supreme Court," about the case of Groff v. DeJoy.
• Avishalom Tor was one of the speakers at a workshop on Applying Behavioural Insights to …

Is The End Just The Beginning? Nil Changes And The New World Of Intercollegiate Athletics, Jordan Allen

Lincoln Memorial University Law Review Archive

Since the beginning of the National Collegiate Athletic Association’s (“NCAA”) formation, student-athletes have been prohibited from profiting off their name, image, and likeness (“NIL”). After years of lawsuits, the United States Supreme Court narrowly sided with student-athletes in _NCAA v. Alston_, holding that the NCAA violated the law by limiting the education-related benefits that schools could offer to student-athletes. While this holding was important, the most significant aspect of this opinion derives from Justice Brett Kavanaugh’s concurrence, which stated that the NCAA is not above the law. The release of this opinion created a ripple effect in which many states …

Federal Action To Cure State Inaction: Protecting Consumers From The Perils Of Payday Lending, Gabriel Martin

Lincoln Memorial University Law Review Archive

The United States thrives under its unique brand of federalism, allowing states to become laboratories of democracy, tailoring their innovations to meet the needs of constituents. Yet, when state governments are unable or unwilling to take action, it is incumbent upon the federal government to establish a baseline. The rather recent rise of payday loans presents a case study that illustrates a scenario where state innovation, or lack thereof, produced vastly disparate laws among the states. While some states take more consumer-friendly approaches to combat the adverse outcomes of payday loans, a majority of states have done little to quell …

Child Content Creators And Just Compensation: A Policy Expansion On 'Coogan Law' For Child Social Media Stars, Deanna Cooper

Lincoln Memorial University Law Review Archive

The realm of child entertainers utilizing social media platforms for influencer marketing and monetizing their original content is ever-changing, and officials who could manufacture legislation changes to protect those financial futures have long been locked in a stalemate. Child actors and child entertainers in traditional workplace settings have financial protections under ‘Coogan Law,’ a state law enacted to safeguard a portion of the minor’s earnings in a trust account until they reach the age of majority and to protect their assets from exploitation and financial abuse by their managers and/or family members. Those same underaged content creators earn thousands of …

Regulating Rape Within The Virtual World, Chandler Horne

Lincoln Memorial University Law Review Archive

As virtual reality applications become more accessible to the general public, the opportunity for immoral user interactions has shifted from possible to probable. While although virtual reality applications have revolutionized the tech industry, they have also initiated an evolution of virtual crimes, such as virtual rape. Virtual rape refers to when a virtual user exploits their avatar to rape the avatar of another virtual user. When virtual rape occurs, user rapists are often left unpunished, and user victims are often left without recourse. This paper examines how rapes occurring within virtual reality applications can be adjudicated under real-world laws. Specifically, …

From Paper To Prison: How A Rapper's Bars Can Land Them Behind Bars, Sean Freeland

Lincoln Memorial University Law Review Archive

The United States judiciary has historically treated some criminal defendants worse than others. This paper seeks to shed light on the current shortcomings of the judiciary as it relates to lyricists. Specifically, prosecutors are targeting rap artists on trial for various crimes by seeking to admit their rap lyrics as propensity evidence. This paper is divided into three parts. First, it aims to examine a small aspect of free speech in America and points out its various problems. Further, this paper identifies a solution that should make admitting art as evidence more difficult for prosecutors; as such, the second part …

Has The "Cyber-Marketplace Of Ideas" Gone Rogue?, Matthew J. Blaney

Lincoln Memorial University Law Review Archive

To this day, First Amendment jurisprudence protects the rights of speakers whose views the overwhelming majority of people may find distasteful or discomforting—at least offline, that is. The internet and social media, however, present a complex case for whether or not to regulate hate speech online.Social media has done a tremendous deal of good in the world—including serving as the foundation for promoting awareness of police brutality and the #MeTooMovement. Nevertheless, social media has seen a tsunami of hate since the beginning of the Covid-19 pandemic, and the situation is only escalating. And worst of all, the social media platforms …

Mere Touches With Massive Ramifications: An Analysis Of _Torres V. Madrid_ And Its Potential Effects On Police And Section 1983 Plaintiffs, Dalton Parks

Lincoln Memorial University Law Review Archive

Since its inception, the Supreme Court has often struggled to interpret what constitutes a seizure under the Fourth Amendment. While what constitutes a search under the Fourth Amendment has two sturdy foundations in _Katz v. United States_ and _United States v. Jones_, the same cannot be said for seizures, specifically seizures of persons. In 2021, the Court attempted to remedy the situation and craft a workable seizure definition in _Torres v. Madrid_. Instead of building on existing precedent and creating stability in the law, the majority in _Torres_ muddied the seizure waters further when they disregarded more than half a …

Trial By Media: Where Fact & Fiction Co-Exist In High-Profile Cases, Sophie Fielder

Lincoln Memorial University Law Review Archive

Media presence in any U.S. courtroom has long included a debate between the First and Sixth Amendments of the U.S. Constitution, especially within high-profile criminal trials. However, while most federal courts choose to disallow live streaming of trials, state courts continue to vary on the levels of media involvement within their courtrooms. Furthermore, parties involved in civil trials receive less constitutional protection; as such, we’ve seen the media’s presence run wild within the last couple of years, turning respected courtrooms into entertainment circuses and exposing jurors to influential media more than ever. In a world not only consumed by technology …

The War Story As Essential Pedagogy: Construction, Telling, And Use, Michael P. Maslanka

Lincoln Memorial University Law Review Archive

"The War Story as Essential Pedagogy: Construction, Telling, and Use” deals with an unexplored area of law school instruction, namely, how to translate the practical and practice-based experiences of full-time law school professors and law school adjunct professors into useful classroom lessons that students are empowered to carry with them into their legal careers. The article addresses the resistance to any instructional method other than the Socratic dialogue, outlines those objections and responses, and explains why war stories are valuable instructional tools. The article asserts that war stories are an untapped natural resource, present in abundance at all law schools, …

Standing In The Age Of Data Breaches: A Consumer-Friendly Framework To Pleading Future Injury And Providing Equitable Relief To Data Breach Victims, John E. Mcloughlin

Brooklyn Law Review

Data breaches have rapidly increased in volume in the United States since the beginning of the twenty-first century. As entities across the United States have increasingly stored personally identifiable information (PII) in online databases, cybercriminals have developed tools to steal and sell stolen PII. This note explores the devastating consequences felt by data breach victims and the uphill battles victims often face in finding legal remedies. Although data breach victims may be at risk of identity theft, they are often barred from taking legal action against the entity that breached their data due to the “injury in fact” requirement under …

Policing The Police: Establishing The Right To Record And Civilian Oversight Boards To Oversee America’S Police, Michael G. Brewster

Brooklyn Law Review

Police misconduct is a persistent issue in the United States that undermines public trust in law enforcement and the criminal justice system as a whole. The video of George Floyd’s arrest and murder played an irreplaceable role in bringing attention to the case and sparking nationwide discussions about the state of policing in America. The video, showing former Minneapolis police officer Derek Chauvin kneeling on Mr. Floyd’s neck for several minutes, also helped convict Mr. Chauvin of murder at trial. Recording police activity is an important means of holding officers accountable for their actions and protecting citizens from abuse of …

Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith

Brooklyn Law Review

In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …

Trump Really Is Too Small: The Right To Trademark Political Commentary, Samuel F. Ernst

Brooklyn Law Review

Can you register a famous person’s name as your trademark? The Lanham Act seems to say no, and the PTO interprets this to mean, no, never, no matter what. The Federal Circuit says, “yes, you can,” at least as applied to marks containing political commentary. 15 U.S.C. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent….” Earlier this year the Federal Circuit declared this law unconstitutional in violation of the First Amendment, …

An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, Anthony J. Demattee, Matthew J. Lindsay, Hallie Ludsin

Brooklyn Law Review

For well over a century, immigration has occupied a constitutionally unique niche within US public law. Noncitizens in immigration proceedings are routinely denied constitutional guarantees, including due process and equal protection, that apply in virtually every other legal setting. Courts justify their extraordinary deference to the government by invoking a presumptive nexus between immigration, on the one hand, and national security and foreign affairs, on the other. Critically, courts cite the national security/foreign affairs nexus regardless of whether the specific regulation or enforcement action under review has any plausible bearing on those interests. This article is the first to demonstrate …

A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers

Undergraduate Theses

From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …