Law Commons^™

Microdosing Psychedelics Under Local, State, And Federal Law, Mason Marks, I Glenn Cohen, Jonathan Perez-Reyzin, David Angelatos

Scholarly Publications

Microdosing psychedelic substances ("microdosing') is a growing trend that has gained significant media and scientific attention. The practice typically involves consuming low doses of psychedelics, such as psilocybin or lysergic acid diethylamide ("LSD'), two or three times per week, over the course of weeks or months. Many claim that microdosing improves attention, creativity, or mood. Some say it reduces pain as well as symptoms of anxiety, depression, and migraine or cluster headaches. Others fear it has not been proven safe or effective by randomized controlled trials. Nevertheless, the microdosing trend is growing against the backdrop of a broader psychedelic renaissance …

Rethinking The Federal Emergency Powers Regime, David Landau

Scholarly Publications

Emergency has assumed central importance in the United States legal system. In 2019, President Trump declared an emergency at the southern border after Congress declined to fund his wall; critics responded with legal challenges and proposed reforms to the statute he invoked, the National Emergencies Act (NEA). Emergency powers have also played a key role during the COVID-19 pandemic. This Article conducts a comprehensive survey of emergency powers in the United States. It shows that the NEA is only one among many grants of authority presidents can call upon in a crisis, alongside other emergency schemes, specially delegated statutory power, …

Two Models Of Protecting Democracy: Federalism And The U.S. Deviation, David Landau

Scholarly Publications

This Article contrasts two different models for protecting democracy. The first model, which is common globally, relies on insulated, apex-level independent institutions to protect sensitive democratic functions like administering elections and prosecuting wrongdoing by high level governmental officials. The United States largely eschews this approach and instead relies much more heavily on a second approach, which decentralizes sensitive functions among a large number of state and local officials, who are often not very insulated from politics. This Article describes the benefits and costs of each model in light of recent attacks on electoral administration in the United States. Moreover, it …

Trademark Tarnishmyths, Jake Linford, Justin Sevier, Allyson Willis

Scholarly Publications

Trademark law protects famous marks from dilution by tarnishment, defined by statute as use likely to "harm the reputation of the famous mark." Tarnishing uses are typically those that connect a mark with disreputable goods or topics, like sex or drugs. Mark owners worry that consumers will not purchase products connected with sexually explicit or drug-related materials, and courts often presume the same. If those associations likely cause consumers to withhold custom or dissipate goodwill consumers have invested in the mark, anti-tarnishment protection might be justified. But if that harm is more mythic than real, the law penalizing tarnishing use …

International Law Publishing Trends: What Journals Print, Bianca Anderson, Kathleen Claussen

Articles

No abstract provided.

Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly

Marquette Law Review

Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.

Flipping The Script As A Black Mother Living In My Community: A Self-Advocate's Perspective From Baltimore, Jessica Salmond

Developmental Disabilities Network Journal

No abstract provided.

Insolvency Courts: General Principles For Systems Design, Anthony Casey, Joshua Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

This article sets out general principles for designing the role of corporate insolvency courts. The authors identify four general considerations relevant to that design: (a) the sophistication and development of the relevant private markets and private law, (b) the applicable background corporate law principles, (c) the competence—in terms of experience and sophistication, capacity and resources, efficiency, and neutrality and lack of corruption—of the courts in question, and (d) the availability of alternative systems through forum and venue shopping or other forms of exit. Having identified these considerations, the article then explores how each affects the role that insolvency courts should …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

A Blast From The Pfast: Forever Chemicals Coming Back To Haunt Us And How International Regulatory Schemes Can Supplement United States Law, Mackenzie Pensyl

Akron Law Student Publications

No abstract provided.

Half American, Half Amazing: A Review Of Half American By Matthew F. Delmont And An Exploration Of Executive Action During World War Ii And Its Impact On Black Soldiers, Ainslee Johnson-Brown

Akron Law Student Publications

This essay reviews Matthew F. Delmont’s new book, Half American: The Epic Story of African Americans Fighting World War II at Home and Abroad (2022). The book enriches the ongoing scholarship related to critical race theory and the effects of executive action on the lived experience of Black Americans. Delmont presents a well-woven narrative of the experience of Black American soldiers during World War II. Pieced together from letters, court documents, and articles published during the war, this book sheds light on accounts previously buried beneath a shield of trauma, frustration, and disbelief.

Selections From The Civil Right To Keep And Bear Arms: Federal And Missouri Perspectives (2023 Edition), Royce De R. Barondes

Faculty Publications

This work contains two chapters from a longer work titled The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition). The included chapters address two subjects. First, the chapters address application to select circumstances of the principles adopted in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Those include (i) non-temporary governmental seizure or retention of individual arms (in contrast to a ban on all a subject's firearms possession and seizures in Terry stops); (ii) changes in Federal regulation mandating indefinite records retention by dealers; (iii) disabilities arising from …

The Shape Of Consumer Contracts, Andrea Boyack

Faculty Publications

Modern consumer contracts are the bane of contract law and theory. Freedom of contract justifications are premised on party autonomy and transactional efficiency, but theories justifying contract enforcement fail to explain why the law should treat company-crafted terms as presumptively binding on consumers. Consumer protection advocates point out that lower thresholds for manifesting assent endorsed by the recent Restatement of the Law of Consumer Contracts may result in consumers being bound to terms of which they were reasonably unaware. Other scholars point out that mere knowledge of company terms and conditions does almost nothing to protect consumers in any case …

Escaping Arbitration And Class Action Waivers For Harassment Because Of Pregnancy, Sexual Orientation Or Gender Identity, Sandra F. Sperino

Faculty Publications

In 2022, Congress amended the Federal Arbitration Act (FAA) through the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This amendment is being abbreviated to a rather clumsy acronym: EFASASHA. EFASASHA allows a person alleging sexual harassment or sexual assault to invalidate certain arbitration agreements and joint-action waivers. Congress passed the Act in response to testimony in which workers alleged that serial sexual harassment and assault continued because workers' claims were forced into private arbitration and could not be publicly adjudicated.

This Essay argues that the language that Congress used in EFASASHA is much broader than its title …

Impact Assessment In The Ring Of Fire: Contested Authorities, Competing Visions And A Clash Of Legal Orders, Dayna Nadine Scott

Commissioned Reports, Studies and Public Policy Documents

In 2007, a significant mineral deposit dubbed the “Ring of Fire” was discovered in the boreal peatlands in Treaty No.9 territory in the far north of Ontario. The original project proposal submitted to the Canadian Environmental Assessment Agency was for a chromite mine and an associated infrastructure corridor to connect the remote location to the provincial high-way system. As years went by without progress on the regulatory approvals, the proponent sold its claims at a loss. In the period that followed, Ontario negotiated with the Matawa First Nations (the nine most proximate First Nations) who were, as a united block, …

Voting Rights In Corporate Governance: History And Political Economy, Sarah Haan

Faculty Scholarship

No abstract provided.

Success Stories In Community Courts: Listening To Participants' Voices, Hadar Dancig-Rosenberg, Tali Gal

Cardozo Journal of Conflict Resolution

No abstract provided.

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Cardozo Journal of Conflict Resolution

No abstract provided.

How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora

Cardozo Journal of Conflict Resolution

The original and admittedly provocative title for this essay was "How to Take Down a State in 120 days" and the original November 2022, 20-minute presentation at Cardozo Law School was so titled. The intention behind the provocations was to demonstrate the speed of growing investment in and multi-disciplinary nature of the current hybrid war threat. We have not yet witnessed many state takedowns through this form of warfare; but we have seen states significantly undermined and captured in timelines almost as aggressive as the title suggests. We have seen authoritarian states and criminal organizations significantly weaken more vulnerable states, …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

University Of South Carolina School Of Law Children's Law Concentration Graduation Breakfast Program, May 4, 2023, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina School Of Law Commencement Program, May 5, 2023, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina School Of Law 3l Awards And Order Of The Coif Program, May 4, 2023, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Built For Business: The Commercial Need For Aggregate Litigation, Jack Zarin-Rosenfeld

Connecticut Law Review

Commercial actors long have argued that class actions are bad for business. But for even longer, business groups have supported other types of aggregate litigation that closely resemble class actions, such as expansive federal bankruptcy. While critics have successfully limited national aggregation via class actions, they have not even attempted to criticize aggregation via bankruptcy.

Why have business groups attacked aggregate litigation in some cases and supported it in others? This Article provides an answer by examining aggregation’s origins and development, and what emerges, it turns out, is very much the opposite of what aggregation’s pro-business critics would have us …

Mitigating Misinformation On Social Media Platforms: Treating Section 230 Of The Communications Decency Act As A Quid Pro Quo Benefit, Meghan E. Mcdermott

Connecticut Law Review

The rise of misinformation on social media has prompted governments worldwide to enact legislation that may affect every person’s right to freedom of opinion and expression. In the United States, combatting misinformation shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip social media companies of the twenty-fiveyear-old law that shields them from lawsuits over content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. Thus, an alternative to combatting misinformation is needed.

In an attempt to provide an alternative, this Note presents a model for mitigating misinformation. By …

Context, Purpose, And Coordination In Taxation, Blaine G. Saito

Connecticut Law Review

A great deal of scholarship focuses on whether we should place social safety net and redistribution programs within the tax sphere and under the responsibility of the IRS. But much of this literature misses a key point. These programs are here, and they are unlikely to leave the tax sphere. But little is said about how to approach administering them.

This Article suggests the IRS administer these programs under a new framework called contextualized purpose. The idea is that these tax programs should be organized and managed in a way that comports with the broader context of the social safety …

Dobbs, Abortion Laws, And In Vitro Fertilization, Kerry Lynn Macintosh

Journal of Health Care Law and Policy

No abstract provided.

Table Of Contents

Journal of Health Care Law and Policy

No abstract provided.

Preventing Eviction And Housing Loss: Taking Advantage Of A One Health Approach And The Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, Paul Locke

Journal of Health Care Law and Policy

No abstract provided.

Brief Of Law And Business Professors As Amici Curiae In Support Of Respondents: Macquarie Infrastructure Group V. Moab Partners, L.P., Sarah C. Haan

Scholarly Articles

Amici are scholars at American law schools whose research and teaching focus on federal securities regulation and the governance of public corporations. Three of the authors appearing as counsel on this brief have together submitted to this Court briefs on prior occasions as amici in cases arising under the federal securities laws on behalf of law and business faculty.2 All of us have written and/or taught extensively about the SEC’s system of disclosure and our experience includes service in positions that allowed for the participation in the evolution of the system of disclosure developed by the Securities and Exchange Commission. …