Law Commons^™

Meals For All, Not Just The Cake Eaters: A Call For Universal School Lunch In Minnesota As A Step Towards Racial Equity, Anna Cousin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Law Enforcement Leadership And Organizational Culture In A Post-2020 Society, Carlos A. Perkins

Theses, Dissertations and Capstones

The purpose of this qualitative pilot study was to investigate the perceptions of selected law enforcement leaders regarding the impending transition in law enforcement agencies in a post-2020 society. Specific elements of this transition investigated included recruitment, training, socialization, leadership roles/qualifications, change strategies/process, stakeholder involvement, and measures of success. Purposeful, convenience, and snowball sampling were used to select study participants. Study participants (N=21) were active sworn law enforcement leaders in a law enforcement agency in North Carolina. Participants possessed a broad range of law enforcement years of experience and/or leadership/supervisory experience at a minimum rank of lieutenant. Semi-structured interviews were …

Making Virtual Things, Joshua A.T. Fairfield

Scholarly Articles

People value virtual things—such as NFTs—because such assets trigger and satisfy deep-seated narratives of property and ownership. The cause of the recent series of failures to regulate virtual assets, and the resulting crashes, has been a failure to take seriously the ways people perceive and use the assets. Current legal frameworks fail to support buyers’ and users’ expectations of ownership in virtual things they purchase.

Making virtual things is a matter of social construction of value. Virtual things, like real-world things, have value because a community values them for a purpose. It therefore makes no sense to discount how and …

Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller

Scholarly Articles

The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …

Allow Me To Transform: A Black Guy’S Guide To A New Constitution, Brandon Hasbrouck

Scholarly Articles

Elie Mystal’s Allow Me to Retort: A Black Guy’s Guide to the Constitution works within the tradition of lay synopses of constitutional law, filling a gap among those that came before. Some works have provided nonlawyers with an explicitly Black perspective on major issues in modern civil rights, while others have provided an introduction to constitutional law as a field. Mystal broadens the focus and audience, illuminating constitutional issues with his trademark humor and his life experience as a Black man in America. He creates a comprehensive overview for lay readers, emphasizing the experiences and needs of Black men. The …

International Law In The Boardroom, Kishanthi Parella

Scholarly Articles

Conventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to …

The Sec's Spac Solution, Karen Woody, Lidia Kurganova

Scholarly Articles

The SPAC craze has ebbed and flowed over the past few years, creating fortunes and ruining others. The SEC stepped into the mix in 2022 and proposed rules governing SPACs. The proposed rules artfully balance the interests of investor protection while retaining some of the featured characteristics of SPACs as innovative ways to take companies public. This Article details the history of SPACs, including their benefits and risks, and analyzes the SEC’s proposed rules, arguing that the SEC is well within its Congressional authority to regulate SPACs, and that the proposed rules are both well-tailored and necessary.

Unfair By Default: Arbitration's Reverse Default Judgment Problem, Alexi Pfeffer-Gillett

Scholarly Articles

It is a foundational principle of civil law that a defendant who fails to respond to allegations is deemed to have admitted those allegations and can be subjected to default judgment liability. This threat of default judgment incentivizes defendants to respond to claims, thereby discouraging delay tactics and helping ensure cases are resolved efficiently on the merits.

In consumer and employment arbitration, though, the fairness and efficiency benefits of traditional default judgment are flipped, rewarding rather than punishing unresponsive defendants. This difference from civil litigation arises out of arbitration’s fee structures: if a defendant-company fails to pay its share of …

Caremark'S Butterfly Effect, Angela N. Aneiros, Karen E. Woody

Scholarly Articles

In 1996, the Delaware Court of Chancery detailed the minimum standard for corporate boards of directors (“board”) with regard to corporate compliance programs and monitoring protocols. The landmark Caremark decision held that directors would not face liability for a breach of fiduciary duties unless they failed to implement a system of controls and compliance, or knowingly failed to monitor that system. In order to bring a successful Caremark claim, plaintiffs must prove that the board operated in bad faith by failing to exercise oversight in a sustained or systemic way. The Delaware Court of Chancery opinion noted that the theory …

2022-2023 Impact Series - Modern Slavery And Human Trafficking Resource Guide, Amy An

Impact Series Study Guides

Modern Slavery and Human Trafficking Resource Guide: A guide to Impact Series events and the topic of modern slavery and human trafficking.

Beyond Dusky: Developing A Statutory Affirmative Defense For Individuals With Autism Spectrum Disorder, Sara Murphy

Hofstra Law Student Works

No abstract provided.

Women In Shareholder Activism, Sarah C. Haan

Scholarly Articles

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

The Openness Of Talmud, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Corporate Foreign Policy In War, Kishanthi Parella

Scholarly Articles

On February 24, 2022, Russian troops invaded Ukraine. Over a year later, the war has claimed tens of thousands of lives and led to the displacement of millions. In Spring 2023, both Ukrainian and Russian forces prepared new offensives, while the United States committed to providing Ukraine with military tanks—a move that Russian officials had previously warned would constitute direct involvement in the war. While countries debated how to respond, we also witnessed the privatization of foreign policy as hundreds of companies around the world similarly sought to assist Ukraine or punish Russia using the tools of national foreign policy—humanitarian …

Avoiding Scandals Through Tax Rulings Transparency, Leandra Lederman

Florida State University Law Review

In 2014, the International Consortium of Investigative Journalists broke the "LuxLeaks" scandal, revealing numerous tax rulings that the press termed "sweetheart deals" granted to multinational companies. Many countries offer tax rulings because they provide certainty to taxpayers and the government on the tax consequences of a planned transaction. Yet, secrecy that is followed by leaks and criticism is a recurring aspect of these rulings, both in the United States and Europe. LuxLeaks, which revealed secret rulings from the small European country of Luxembourg, was international headline news. It helped trigger widespread reforms. Tax authorities, including those of European countries and …

Federalizing Caremark, Tammi S. Etheridge, Carliss Chatman

Scholarly Articles

When corporations misbehave, the normal government response is to saddle the industry with more federal oversight requirements. But reactive policies fail to curb corporate misconduct and can incentivize corporations to ignore or break the law due to the ever-increasing cost of compliance. Even though shareholders have to foot the bill when the corporations get caught ignoring or breaking the law, it is extremely difficult for shareholder plaintiffs with genuinely meritorious claims to recover for damages because, under Caremark’s requirements, it is nigh-impossible to demonstrate the bad faith necessary to survive a motion to dismiss using conventionally available information; of …

Brief Of Amicus Curiae Francis Fukuyama In Support Of Respondents In No. 22-277 And Petitioners In No. 22-555, Margaret E. O'Grady

Law Faculty Scholarship

The brief, in support of NetChoice, argues that the Texas and Florida “must carry” statutes violate the First Amendment in part because interoperability is a less restrictive means of achieving the goal of allowing diverse voices in the “town square” of the Internet.

Albrecht Durer's Enforcement Actions: A Trademark Origin Story, Peter J. Karol

Law Faculty Scholarship

This article offers a trademark-framed reappraisal of a pair of extraordinary enforcement actions brought by the Northern Renaissance artist Albrecht Durer (1471-1528) against copyists of his work. These cases have long been debated by art, cultural, and copyright historians insofar as they appear to reject Durer's demand for protocopyright protection. Commentators have also contested the historicity of one of the two narratives. But surprisingly little attention has been paid by trademark scholars to the companion holdings-in the same texts-that affirm Durer's right to prevent the use of his monogram on unauthorized reproductions. This article seeks to fill that gap by …

The Costs Of A Free And Public Education: An Analysis Of A School District's Student Fees, Jacob D. Skousen, Ellianna Rodriguez

BYU Education & Law Journal

Since the late 1800s U.S. states have provided a “centrally administered organization of public schools, overseen by a state superintendent or department of education and financed by state income tax revenues in addition to local taxes.” States have governed a system of public schools through the states’ constitutions. Each state’s constitution has a statement identifying the state as being responsible to provide its citizenry with a public education and in the majority of states’ constitutions there is further clarification noting that this education is provided free of charge. An example of this statement can be found in Nevada’s State Constitution, …

Stopping Criminalization At The Bedside, Wendy A. Bach, Mishka Terplan

Scholarly Works

Low-income women and, disproportionately low-income women of color seeking reproductive and pregnancy care are increasingly subject to what this article terms carceral care – care compromised by its’ proximity to punishment systems. This article identifies the legal and health care practice mechanisms leading to carceral care and proposes solutions designed to stop criminalization at the bedside.

Evaluating Antitrust Remedies For Platform Monopolies: The Case Of Facebook, Seth G. Benzell, Felix B. Chang

Economics Faculty Articles and Research

This Article advances a framework to assess antitrust remedies and policy interventions for platform monopolies. As prosecutors and regulators barrel forward against digital platforms, soon it will fall upon courts and administrative agencies to devise remedies. We argue that any sensible solution must include quantification of the welfare effects on a platform’s various constituents. The Benzell-Collis model predicts the effects of proposed solutions on a platform’s profits and the welfare of its users. The model also considers additional aspects of welfare unique to the social media setting, such as digital platforms’ nonmonetary goals, platform addiction, and externalities from platform use. …

See That In A Small Town: Visual Rhetoric, Race, And Legal History In Tennessee, Becky L. Jacobs

Scholarly Works

When it comes to racism and the law, visual rhetoric has played and still plays an outsized role. Jason Aldean’s music video for “Try That in a Small Town” aptly illustrates this thesis. The video shows Aldean and his band performing in front of the Maury County Courthouse in Columbia, Tennessee, the same location where, in 1918, a white mob violently lynched a young Black man. To some (white) viewers, the Maury County Courthouse might symbolize justice. In combination with the song’s lyrics, however, the courthouse conjures up visuals of the lynching that occurred outside its doors, reminding viewers that …

Defunding C.O.P.S.: Conditioning Federal Funding To State And Local Law Enforcement Agencies Upon The Implementation Of A Program That Screens Its Current And Future Officers For White Supremacist Affiliations, Jerron R. Wheeler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Speculative Immigration Policy, Matthew Boaz

Scholarly Articles

This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article proposes that the harmful outcomes are not due to the use of speculative fiction, but rather the failure to consider the speculative voices of those who have been historically marginalized within the United States. This Article argues that alternative speculative visions could serve as a platform for radical imagination about future U.S. …

The 2022 Alabama Executions And The Crisis Of American Capital Punishment, Alexandra L. Klein

Scholarly Articles

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

New Jim Crow Of The North: Cfos, Nuisance, And Neosegregation, Jacqueline Nafstad

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Building Belonging: Proven Methods To Decrease Attrition And Best Serve Law Students, Leila Lawlor

Scholarly Articles

A crucial task for legal educators is to determine how to retain our students, especially those who may be most vulnerable to attrition first-generation students and students of color. This article looks at nine similarly situated ABA-accredited law schools and assesses these schools' success at retaining their students. The nine schools are all public, operate both part-time and full-time J.D. programs, generally enjoy above average diversity, and have somewhat similar national rankings. The nine schools also report similar median LSAT scores and undergraduate GPAs of recent incoming classes. The overall attrition rates and attrition rates for students of color vary …

Drug Strategy: The City Of Marshall, Arif Akgul

2022 Fall Reports (Marshall, IL)

This course introduces the students the main themes and elements of intelligence. Specifically, the students will identify the intelligence community, intelligence cycle, policy making process, and critical issues about intelligence discipline. According to Clark (2016, p.294) “strategic intelligence is about the production of intelligence that is required for forming policy, strategy and plans in government, the military, law enforcement, and industry. Strategic Intelligence is typically a product of intelligence research.” This course is divided into three parallel tracks covering strategic theory, the practice of strategic intelligence, and the application of those principles to “real life” problems. Students will participate throughout …

Front Matter

BYU Education & Law Journal

No abstract provided.