Law Commons^™

J Mich Dent Assoc April 2023

The Journal of the Michigan Dental Association

In this issue, the reader will find the following original content:

• A profile of two dentist legislators, Representative Steven Bradley, DDS of Iowa and Representative Jane Gillette, DDS, MPH. who represents Montana, to help readers best understand what that commitment means if they plan to seek elected office.
• An article discussing essential communication strategies to win elections.
• An update on ADA efforts to promote Oral Health Equity
• Profiles of MDA leadership candidates
• A 10Minute EBD contrasting closing diastemas with or without frenectomy with orthodontic treatment.
• Editorial, Advocacy update, News Briefs, News from the MDA Foundation, News from the ADA and …

Are Sovereign Citizens More Amenable To The Arbitration Process?, Tyler Fierro

Cardozo Journal of Conflict Resolution (CJCR) Blog

While it is impossible to know how many people in the United States identify as “Sovereign Citizens”, the number has boomed since the Covid-19 pandemic and the well-known ‘QAnon’ conspiracy theory. Although there is no centralized organization surrounding Sovereign Citizens nor common beliefs shared by all individuals, the basic conclusion is that the American Government established by the Founding Fathers, under a common law system, was secretly replaced during the U.S. Civil War. According to these conspiracy theorists the replacement government is premised on Admiralty law, or law of international commerce. Given this secret switch, Sovereign Citizens believe the Federal …

Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual - And Miss, Brian L. Cox

Cornell Law Faculty Publications

In a letter recently sent to the Department of Defense General Counsel, two lawmakers—Representative Sara Jacobs and Senator Dick Durbin— present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.

Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the inquiry determines that …

Gender, Violence, And The Death Penalty, Sandra L. Babcock, Nathalie Greenfield

Cornell Law Faculty Publications

This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only—comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed, the great majority have …

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

Masthead

Missouri Law Review

No abstract provided.

Faculty List

Missouri Law Review

No abstract provided.

Masthead

Missouri Law Review

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Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan

Missouri Law Review

Many are aware of the inherent power that a constitution holds. Whether it be the timeless federal document signed in 1787, or a state constitution adopted decades later, a “constitution” in the United States comes with an authoritative voice that instructs the very principles and values the government has long established. Constitutions, by nature, stand the test of time; they create guidelines, structure, and, above all, a sense of justice that lies in the backdrop of every legal argument presented and every court decision rendered.

Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan

Missouri Law Review

Like any other hardy administrative law article, this Note starts with Chevron. In 1984, the Supreme Court decided the landmark case, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. There, the Court said it will defer to an agency’s interpretation of a statute if that interpretation is reasonable. However, because some on the Court saw Chevron deference as “wrest[ing] from [c]ourts the ultimate interpretive authority to ‘say what the law is’ and hand[ing] it over to the Executive,” exceptions to Chevron deference have appeared like worms after a storm.

Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson

Missouri Law Review

Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing …

Table Of Contents

Missouri Law Review

No abstract provided.

Book Review: For Labor To Build Upon: Wars, Depression And Pandemic, William B. Gould Iv, Cambridge University Press, 2022, Joe Lindsay

Missouri Law Review

Despite truly noteworthy workplace organizing and strikes across the country—from Amazon, Starbucks, Peet’s Coffee, and now Trader Joe’s to the nascent movements in the heart of the tech sector—union membership is not keeping pace with the growing workforce. Recent data from the Bureau of Labor Statistics shows that the “share of US workers belonging to labor unions hit a historic low last year.” What’s up? This is the question William Gould addresses in his latest book, For Labor to Build Upon: Wars, Depression and Pandemic. Gould traces how the U.S. labor movement got to where it is today and proposes …

Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton

Missouri Law Review

Class certification confers a fearsome power on plaintiffs. Organizing a group of otherwise disparate potential claimants through a class action produces a mighty concentration of power that plaintiffs can wield against defendants. This power is exerted on defendants in the form of “hydraulic pressure” to settle, shifting focus from litigation to settlement. The risk involved with one jury standing between a defendant and “potentially ruinous liability” often proves to be intolerable for corporate defendants. The in terrorem nature of class actions means that just by obtaining class certification, plaintiffs achieve a major victory. This notion is borne out by empirical …

“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer

Missouri Law Review

For many, the day of a real estate closing is filled with excitement and relief. The process of finding a family home or a building to begin a business is often arduous. On average, the search for a home lasts at least six months. There are long days of showings, stressful negotiations with loan officers, and difficult decisions when purchasing a piece of property. Most buyers and sellers look forward to the day when the paperwork is signed and title, along with all the rights and privileges it affords, passes to the new owners. After closing, the new owners typically …

The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani

Missouri Law Review

To what extent can states enact legislation that frustrates federal regulation of firearms—in an effort to maximize protections of the Second Amendment and related state constitutional provisions—without running afoul of the Supremacy Clause? The answer to that question lies within the intergovernmental immunity doctrine, a virtually obscure legal doctrine with origins in the Supremacy Clause and Chief Justice John Marshall’s famous opinion in McCulloch v. Maryland. For many years, the United States Supreme Court was reluctant to clarify the contours of intergovernmental immunity. This did not stop the federal government from asserting the doctrine in various actions to strike down …

The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim

Missouri Law Review

As more attention is given to environmental, social, and governance (“ESG”) considerations of firms, ESG data and ratings providers are serving an increasingly important function in the corporate discourse. It is reported that there were more than 160 ESG data and ratings providers in 2020, and more than 600 ESG ratings and rankings products available globally as of 2018. Even as the ESG provider and product markets have grown exponentially, however, the lack of ESG data has been cited as an impediment to a broader embrace of the ESG movement. One source of this perception of inadequacy originates from the …

Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft

Missouri Law Review

The issues facing the national name, image, and likeness (“NIL”) debate came to a head on January 17, 2023. On that day, Jaden Rashada—the No. 27 rated high school football recruit in the country—decommitted from Florida when a $13 million NIL deal failed to materialize as promised. The story prompted questions about how schools handle NIL initiatives, the amounts of money thrown at collegiate athletes, and the business model at large for college athletics. It also reveals the challenges states face as they attempt to develop regulatory frameworks for NIL.

“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman

Missouri Law Review

The Office of Fair Housing and Equal Opportunity (“FHEO”) has a duty to investigate sex-based discrimination in housing. In accordance with recent Supreme Court precedent—which held that Title VII’s prohibition on “sex” discrimination necessarily includes discrimination on the basis of gender identity and sexual orientation—FHEO broadened its definition of sex-based discrimination in an internal memorandum published February 11, 2021. This memorandum directed officers to investigate discrimination in housing based on gender identity and sexual orientation. The change unnerved a private Christian college, College of the Ozarks, located in Missouri. Fearing that this internal memorandum threatened its ability to place students …

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Program: Senior Projects (Public)

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

Perceived Dangerousness Mediates Punitive Attitudes Toward Sex Offenders: Results From A Vignette Experiment, Nathan E. Kruis, Kim S. Ménard, Jaeyong Choi, Nicholas J. Rowland, Tyler Frye, Rachel Kosaka, Alicia Williams

Criminal Justice Faculty Publications

The current study used an experimental vignette (n = 1,093) to examine the effects of perpetrator sex and age, and victim sex and age, on simulated juror sentencing recommendations for individuals convicted of sexual offenses (ICSO). Path analyses were used to see if differences in punitive attitudes could be explained by perceptions of dangerousness participants attached to experimentally manipulated variables, as hypothesized by attribution theorists. Results show that participants consistently recommended longer sentences, higher fines, and indicated greater support for post-release sanctions for male offenders, older perpetrators, and for offenders who victimized younger adolescents. Path analysis demonstrated that perceptions of …

A Legal Framework For Net Zero Aligned Insurance Products, Franziska Arnold-Dwyer

Connecticut Insurance Law Journal

This paper examines how the contractual framework of existing insurance products for consumers and small businesses can be adjusted to help them reduce their net GHG emissions, and thereby facilitate the transition to a sustainable net-zero economy (= Net-Zero Aligned Insurance Products; "NZAIPs"). NZAIPs could give rise to legal and regulatory issues, and this paper considers how these issues could be addressed to create a legal environment that provides safe and fair market conditions for NZAIPs.

What Can't Be Insured: The Policyholder's Own Bad Acts, Travis Luis Pantin

Connecticut Insurance Law Journal

From its early eighteenth-century beginnings, modern insurance law has been governed by what can be described as a "non-responsibility" requirement: the insured cannot recover for losses that it caused through its own misbehavior. Although this principle might seem intuitive-you should not be able intentionally to burn down your own home and then get paid for it-scholars continue to debate both the range of the principle's application and its underlying rationale. Current theories of the requirement tend to argue that instrumental goals, such as the minimization of moral hazard or the maximization of victim compensation, ought to determine whether an insured …

Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn

Law Faculty Publications

On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.

Korea’S 2011 Copyright Act Amendments And Innovation By Online Service Providers, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

In 2011, Korea amended its Copyright Act to comply with the U.S.-Korea Free Trade Agreement’s intellectual property chapter, which included an obligation to enact a safe harbor for secondary copyright infringement in the online environment. Safe harbors protect internet firms from legal liability when their users post infringing content online, on the condition that the firms maintain a system to efficiently remove infringing content when notified of the infringement by rightholders.

This paper tests whether the newly established safe harbors had an impact on innovation by Korean internet firms. I hypothesize that the amendments alleviated litigation risks faced by internet …

Post-Pandemic Finra Arbitration: To Zoom Or Not To Zoom?, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article contributes to the literature exploring the impact of the pandemic on arbitration and explores whether parties arbitrating their disputes during the pandemic have had access to justice equivalent to the justice that was available pre-pandemic. Though it is difficult to draw any conclusions about FINRA arbitration due to the confidential and non-reasoned nature of awards, the Article focuses on arbitration of securities industry disputes at one forum, FINRA DRS. In particular, the Article analyzes data about FINRA customer arbitrations over the course of the pandemic, from onset in March 2020 through mid-2022, when most municipalities had lifted COVID-19 …

Get Out: Structural Racism And Academic Terror, Renee Nicole Allen

William & Mary Journal of Race, Gender, and Social Justice

Released in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.

Like Get …

Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker

William & Mary Journal of Race, Gender, and Social Justice

On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …

Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano

William & Mary Journal of Race, Gender, and Social Justice

This Note will discuss the Supreme Court’s holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students and Autistic students who are subject to the harshest treatment.

This Note will outline the different avenues that courts could and should take to overrule Ingraham. Because a circuit split exists—on the issue of how to resolve these claims—overturning Ingraham and declaring corporal punishment per …