Law Commons^™

No Harm, No Problem (In State Court): Why States Should Reject Injury In Fact, Rebekah G. Strotman

Duke Law Journal

New judicial federalism urges states to extend their constitutional protections beyond the federal Constitution’s. Yet the scholarship has largely ignored justiciability doctrines—including standing—that dictate the requirements for suing in court. Meanwhile, the federal injury in fact requirement has been debated for years, with critics claiming it is ahistorical and overly restrictive. States, though, are not bound by Article III and can reject the federal standing doctrine. Some states have. In fact, the same year the Supreme Court doubled down on injury in fact by stating “no concrete harm, no standing,” the North Carolina Supreme Court rejected injury in fact and …

The Accidental Innovation Policymakers, Rachel E. Sachs

Duke Law Journal

Health care policymakers in the United States, particularly at the federal level, have recently considered a range of proposals that would lower prices for prescription drugs. The pharmaceutical industry and many politicians have argued that these proposals would harm innovation incentives, resulting in fewer new drugs coming to market in the future. This Article identifies and explores a key problem with this argument: that it is typically deployed both accidentally and asymmetrically in nature. Specifically, this Article considers previous changes to health laws that had the impact of increasing innovation incentives by providing large new subsidies to pharmaceutical companies—chiefly the …

Effecting Free Exercise And Equal Protection, Laura Portuondo

Duke Law Journal

There is an emerging discrepancy in free exercise and equal protection law. For decades, the Supreme Court has maintained that a law’s effects on a protected group are usually insufficient to trigger heightened scrutiny under either the Free Exercise or Equal Protection Clause. This longstanding rule has rendered it virtually impossible to challenge facially neutral laws on constitutional race, sex, and religious discrimination grounds, even where such laws inflict substantial harms on protected groups. Recent free exercise decisions, however, have abandoned this traditional barrier to enforcing constitutional equality rights. In doing so, they have subverted the usual rule that a …

Journal Staff

Duke Law Journal

No abstract provided.

Not Up For Deliberation: Expanding The Peña-Rodriguez Protection To Cover Jury Bias Against Lgbtq+ Individuals, Brett V. Ries

Duke Law Journal

Discrimination against LGBTQ+ individuals persists within the United States criminal justice system, which is no surprise given the history of LGBTQ+ discrimination in the United States. Evidence of jurors convicting LGBTQ+ defendants—or, in some extreme cases, sentencing them to death—because of the defendant’s queer identity is especially concerning.

Standing in the way of protecting LGBTQ+ defendants from LGBTQ+ bias in jury deliberations is Federal Rule of Evidence 606(b), which prohibits defendants from using juror testimony regarding jury deliberations to impeach the jury’s verdict. However, in 2017, the Supreme Court in Peña-Rodriguez v. Colorado provided an exception to this “no-impeachment rule” …

Always A Suspect: Law Enforcement’S Use Of Location History Data In Criminal Investigations, Aaron A. Bengart

Cardozo International & Comparative Law Review (CICLR) Blog

Imagine taking your dog on a walk around the neighborhood or visiting an ill parent in a nursing home and suddenly being considered a prime suspect in a serious criminal investigation. This has happened to a multitude of people over the past few years as law enforcement has increasingly used Location History data to identify perpetrators of criminal activity in every US state. For example, Zachary McCoy found himself as a suspect in a local home invasion simply for riding his bike past the house at issue multiple times on the day of the invasion. Consequently, Mr. McCoy felt obligated …

Facial Recognition Law: Why Should We Care?, Xueyang Peng

Cardozo International & Comparative Law Review (CICLR) Blog

What if you are a lawyer and you would like to spend an evening enjoying your favorite artist’s concert at the Radio City Music Hall? Or a Knicks game at Madison Square Garden? The first thing you should check is not the ticket price, but rather whether you, or your law firm, has made the MSG blacklist. Even though for years, the owner of MSG has been using the blacklist to exclude its enemies (and their associates) from setting foot in any MSG-owned venue, the facial recognition technology (“FRT”) just brought this practice to a new level.

This post was …

Deterrence, Punishment, Or Retribution: American Criminal Prosecution Of Sayfullo Saipov And Intern, Madeline Epstein

Cardozo International & Comparative Law Review (CICLR) Blog

On Halloween in 2017, Sayfullo Saipov drove a large truck into dozens of people on the cycling and pedestrian pathway near the West Side Highway in Manhattan, causing eight deaths and numerous injuries. Saipov was allegedly acting on behalf of the Islamic State (“ISIS”), and the Southern District of New York charged him with twenty-eight counts, including murder and attempted murder in aid of racketeering and provision of material support to a designated foreign terrorist organization, among other included charges. Saipov, a citizen of Uzbekistan, was found guilty by the American jury on all counts during the guilt phase of …

Ndls Communicator: Week Of 03.27.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Paol0 Carozza was asked to serve as an expert witness before Inter-American Commission on Human Rights Court in the Beatriz et al. v. El Salvador case. The case relates to the alleged violations of the rights of Beatriz and her family due to the prohibition of the voluntary termination of pregnancy in El Salvador, which allegedly prevented her from the possibility of accessing a legal, early and timely termination when dealing with of a situation of alleged risk to life, health and personal integrity; as well as the non-viability of the fetus outside the womb. Paolo testified …

Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter

Duke Law & Technology Review

Over the last several years, the demand for socially responsible companies has exploded. Many states have responded to this demand by offering a new corporate form, the public benefit corporation (“PBC”), which arguably allows companies to prioritize social benefit in a way that traditional corporations cannot. The technology industry has adopted the PBC structure at higher rates than corporations in other industries. This Note offers reasons for the appeal of PBCs to corporations generally and to the technology sector in particular. This Note also explores why technology companies may be able to achieve the goals discussed without the need for …

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Firew Ayano

Journal Articles

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …

Cardozo Invitational Negotiation On Entertainment, Media And Art Competition, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Causation And Conception In American Inventorship, Dan L. Burk

Duke Law & Technology Review

Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result, the speculation leads to a more fruitful inquiry about the role of causation in the law of inventorship. U.S. law has almost entirely disregarded causation in determining inventorship, with very few exceptions, some of which are surprising. In this essay, I examine those exceptions to inventive causality, the role they play in determining inventorship, and their effect in excluding …

Keynote Address, Roy Hadley, Matthew Grocoff

Georgia Law Review Symposia

Keynote address by two distinguished Georgia Law alumni, Roy E. Hadley Jr., whose many positions include Independent Counsel, Adams and Reese LLP, Atlanta, and Matthew Grocoff, whose many positions include founding principal of THRIVE Collaborative, Ann Arbor, Michigan.

Panel Iii: Regulatory Problems With New Technology, Amanda Reid, Dan L. Burk, Sharon Cop, Adam D. Orford

Georgia Law Review Symposia

Panel discussion on regulating new technology with Professors Amanda Reid, University of North Carolina Law, Dan Burk, University of California-Irvine Law, and Sharon Cop, University of Haifa Law. Moderated by Georgia Law Professor Adam Orford.

Panel Ii: Innovations In Space And War, Rebecca J. Hamilton, Monika U. Ehrman, Melissa J. Durkee

Georgia Law Review Symposia

Panel discussion on space and war with Professors Rebecca Hamilton, American University Law, and Monika Ehrman, SMU Law. Moderated by Georgia Law Professor Melissa J. “MJ” Durkee, who is also the law school’s Associate Dean for International Programs and Director of its Dean Rusk International Law Center.

Panel I: Cyber Regulation, Asaf Lubin, Gregory M. Dickinson, Thomas E. Kadri

Georgia Law Review Symposia

Panel discussion on cyber regulation with Professors Asaf Lubin, Indiana-Bloomington Law, and Gregory Dickinson, St. Thomas Law. Moderated by Georgia Law Professor Thomas Kadri.

Five Indiana Law Faculty Members Honored With Teaching Awards, James Owsley Boyd

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

Great instructors are at the heart of any great school, and the Indiana University Maurer School of Law was proud to recognize five of its best at the school’s annual Teaching Awards March 24.

This year’s recipients include BestLawyers’ 2022 Indianapolis Corporate Governance Law Lawyer of the Year, a beloved clinical professor and director, one of the world’s foremost authorities on the intersection of law and globalization, a top U.S. tax scholar, and a professor known for flipping homemade pancakes to students.

Professor Jeff Stake was honored with the Leon H. Wallace Teaching Award, the highest teaching recognition a faculty …

A Matter Of Motive: Malice In The Law Of Torts In The Age Of Connectivity, Greg Bowley

Dalhousie Law Journal

To meet the challenges posed by the novel modes of interpersonal relationships of contemporary society, Canadian tort law must develop a general principle of liability for the intentional infliction of harm. This principle would recognize the normatively-significant common thread of the wrongdoer’s intention to cause harm to another person in phenomena as varied as doxing, swatting, revenge porn, cyberstalking, impersonation, trolling, and harassment. The recent development of discrete, context-specific torts in response to problematic social media conduct is an inherently limited approach to novel interpersonal conduct. However, it also offers an opportunity for the enunciation of a general principle of …

R4 Constructors, Llc, Plaintiff / Appellee, V. Inbalance Yoga Corporation, A Utah Corporation, And Jennifer Schnabel, An Individual, Defendants / Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fourth Judicial District Court in and for Utah County, Provo Department, State of Utah. Trial Judge Christine Johnson.

ATTORNEYS FOR APPELLANTS, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEE, Cody W. Wilson, Andrew L. Berne

29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Coastal Cities In The Southern Us Floodplains: An Evaluation Of Environmental Equity Of Flood Hazards And Social Vulnerabilities, Lubana Tasnim Mazumder

USF Tampa Graduate Theses and Dissertations

Floods are recognized as one of the most common and widespread natural hazards in the United States (US). They are responsible for uncompensated losses and damages. Furthermore, evidence suggests flooding inflicts more harm among socially vulnerable groups, incapable of withstanding hazard events, raising environmental equity (EE) and justice (EJ) concerns. Regrettably, with continuing climate change and urbanization, flooding will not subside in the future; instead, the flooding frequency and intensity will increase in many parts of the US, and the trend of disproportionate impacts will continue to rise.

Since Hurricane Katrina, a considerable amount of research has been conducted on …

Public School Teachers Who Refuse To Use Preferred Names And Pronouns: A Brief Exploration Of The First Amendment Limitations In K-12 Classrooms, Suzanne Eckes

ConLawNOW

This article focuses on whether a teacher has a First Amendment right under both the free speech and free exercise clauses of the U.S. Constitution when refusing to use a student’s preferred name or pronoun in a public school classroom. The article begins by briefly summarizing a recent case from Kansas and then examines prior precedent involving teachers’ classroom speech and teachers’ rights to freely exercise their religious rights in public schools. It then briefly highlights how these issues have been addressed in previous pronoun cases and concludes with a discussion of related constitutional issues.

Regulating A Fantasy For A Billion: Playing On A Smartphone In India, Angshuman Hazarika

UNLV Gaming Research & Review Journal

The fantasy gaming industry in India has moved forward at an unprecedented pace with limited oversight primarily based on 'self-regulation'. The absence of a clear regulatory mechanism for this industry has been highlighted in previous work, but no clear determination has been provided on how to deal with this issue. The current contribution seeks to provide a path ahead by suggesting that the government regulate the industry directly instead of an industry-operated self-regulatory framework which has had limited effectiveness till now. This suggestion has been made considering the significant size of the industry and the target demographic of the fantasy …

Abortion Rights And Federalism: Some Lessons From The Nineteenth Century United States, Kate Masur

ConLawNOW

The Dobbs decision, which gives states complete control over abortion laws, has unleashed conflicts that resemble the battles that arose when enslaved people fled slave states for free states, and enslavers, in turn, mobilized state and federal power to get them back. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has prompted frequent allusions to slavery and the antebellum United States. The history of those struggles reminds us of the corrosive impact of interstate conflict and of the importance of federal protections for freedom and individual rights. The history of the United States in the nineteenth century …

Symposium: The Future Of Reproductive Rights: Reevaluating Regional Law Reform Strategies After Dobbs, Jamie R. Abrams

ConLawNOW

This article studies the triad of 2016 social media campaigns known as “#AskDr.Kasich,” “#askbevinaboutmyvag,” and “#PeriodsforPence” to garner insights to inform the vital work of regional law reform in a post-Dobbs America. While these campaigns, each located in the regional mid-South, were motivated by restrictive state abortion bills, they uniquely positioned menstruation and women’s bodies at the center of their activism—not abortion alone. They leveraged, as a political fault line, the contradiction of these states’ governors’ perceived disgust relating to basic women’s reproductive health, relative to their patriarchal assuredness in regulating and controlling women’s bodies. In so doing, they …

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Elusive Pursuit Of Justice: Sexual Assault Survivors' Speak About Redress In The Aftermath Of Violence, Tamera Ashley Margaret Burnett

PhD Dissertations

The struggle of survivors to obtain justice after they have been sexually assaulted has been a much discussed topic in recent years. Significant attention and resources are being directed towards this issue, making academic research particularly valuable at this time. However, instead of asking how legal processes can theoretically be made better, as is the case in most of the literature on this topic, my focus has been on asking why survivors want to engage in a legal process at all. What do they get from reporting their assaults and does what the legal system offers them respond to what …

Galaxy Next Gen. V. Elhert, Order On Counterclaim Plaintiff's Motion To Compel, Kelly Lee Ellerbe

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

No abstract provided.

Silencing Students: How Courts Have Failed To Protect Professional Students’ First Amendment Speech Rights, Shanelle Doher

Washington and Lee Law Review Online

Over the past two decades, social media has dramatically changed the way people communicate. With the increased popularity of virtual communication, online speech has, in many ways, blurred the boundaries for where and when speech begins and ends. The distinction between on campus and off campus student speech has become particularly murky given the normalization of virtual learning environments as a result of the COVID 19 pandemic. In Tinker v. Des Moines Independent Community School District, the Supreme Court clarified that students retain their First Amendment rights on campus but that schools may sanction speech that materially and substantially …