Law Commons^™

A Mathematical Model Of Juvenile Delinquency In The New York State, Oluwasegun Micheal Ibrahim

Articles

This report presents a mathematical model of juvenile delinquency in the New York State. In particular, we develop a juvenile delinquency system of non-linear differential equations using the mathematical epidemiology framework. In constructing this model, we assume that juvenile delinquency can be studied as a socially infectious disease. The stability of the juvenile delinquency-free equilibrium of the model is examined using the standard non-linear dynamical systems theory technique. We carried out a data fitting based on real-life data from the New York State Criminal Justice Services. The research result reveals that the formulated model conforms with the available data and …

Virtue And The Administrative State, John S. Ehrett

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Parents V. Government: The Constitutional Challenge Between The Principle Of Progressive Autonomy Of Children And Parents’ Educational Rights In Chile, Jorge Barrera-Rojas

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Making Judges Moral: Originalism And The Practice Of Common Good Constitutionalism, Brennan Buhr

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The First Amendment And National Security: A Case For A Clear Test, Drake C. Stobie

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Federal Reserve's Mandates, David T. Zaring, Jeffery Y. Zhang

Minnesota Law Review Vols. 106:2 onward (2021-present)

Solutions to systemic problems such as climate change and racial inequities have eluded policymakers for decades. In searching for creative solutions, some policymakers have recently thought about expanding the Federal Reserve’s core set of macro-economic mandates to tackle these issues. But there are real questions about whether that can be done from a legal perspective and whether that should be done from a policy perspective.

In this Article, we propose a framework to answer these two questions of “can we” and “should we”—a framework grounded in administrative law and macroeconomics. In Part I, we consider the legal challenges that the …

Breaking Free From “Crime-Free”: State-Level Responses To Harmful Housing Ordinances, Jenna Prochaska

UIC Law Open Access Faculty Scholarship

No abstract provided.

Books Without Barriers: A Practical Guide To Inclusive Publishing, Julie Ganner, Agata Mrva-Montoya, Maryanne Park, Kayt Duncan

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The accessibility of a publication depends on how suitable and easily adaptable it is to the different ways in which people read. Publications that meet the needs of people with print disability are inclusive because they offer an equitable reading experience to all readers, irrespective of how the person accesses the content.

Print disability¹ occurs as a result of the interaction between people living with temporary or permanent health conditions and the barriers to reading they may experience when content is made available in print form only. Print disability can be:

• visual (including blindness, low vision and medical …

Editing And Advocacy, Patrick Barry

Books

Good editors don’t just see the sentence that was written. They see the sentence that might have been written. They know how to spot words that shouldn’t be included and summon up ones that haven’t yet appeared. Their value comes not just from preventing mistakes but from discovering new ways to improve a piece of writing’s style, structure, and overall impact.

This book— which is based on a popular course taught at the University of Chicago Law School, the University of Michigan Law School, and the UCLA School of Law— is designed to help you become one of those editors. …

Feedback Loops: Feedback Fundamentals, Patrick Barry

Books

Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.”

This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:

“One of the most memorable and useful classes I have taken in law school!”

“Excellent, full stop.”

“This class was always a fun highlight of my week.”

The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee

Scholarly Publications

No abstract provided.

Bush V. Gore's Uniformity Principle And The 2020 Election, Michael T. Morley

Scholarly Publications

In Bush v. Gore, the Supreme Court established a Uniformity Principle for election administration, holding that the Equal Protection Clause prohibits arbitrary and disparate treatment of various voters participating in an election. Although the Court emphasized the limited scope of its holding, throughout the two decades that followed, lower courts have applied the Uniformity Principle in a variety of cases concerning the conduct of elections.

The principle was invoked in a wide range of cases throughout the 2020 election cycle, shedding further light on its contours. Some of these rulings may have been influenced by the unique circumstances of the …

Election Emergencies: Voting In Times Of Pandemic, Michael T. Morley

Scholarly Publications

Over the past century, two global pandemics have struck during American elections—the Spanish Flu of 1918 and COVID-19 in 2020. The legal system’s responses to these pandemics, occurring against very distinct constitutional backdrops concerning voting rights, differed dramatically from each other. These pandemics highlight the need for states to prepare to address not only public health crises, but election emergencies more broadly. States must adopt election emergency laws that both empower election officials to modify the rules of the electoral process as necessary to respond to these disasters, and also set forth “redlines,” identifying certain policies that, even in a …

E.T. Phone Home: Can Hollywood's Big Break Include Fixing Environmental Carnage And Human Rights Violations From Co-Productions, Haley N. Carson

Loyola of Los Angeles Entertainment Law Review

With the continuous rise of globalization and the interconnectivity of nations, co-productions are becoming the new “hit” for movies and shows. When two or more foreign nations come together for entertainment purposes, co-productions are formed. How do these nations join forces for “movie magic?” Big brother film commissions, such as the Association of Film Commissioners International and the European Convention on Cinematographic Co-Production, aid in the facilitation of co-productions.

While consumers are unaware of the details and fine-print behind these co-productions, watchers might be surprised to learn that more than one-third of Hollywood’s productions are being produced abroad. Although these …

Cassandra's Curse Or Cassandra's Triumph: Three Tales Of Intellectual Property Revised, Mira Moldawer

Loyola of Los Angeles Entertainment Law Review

Cassandra’s curse, which assured that her prophesies will come true, but that no one would ever believe her, evokes three major predictions in regard to Intellectual Property in the information era. First, the information era requires no “Law of the Horse”, as phrased by Judge Easterbrook, as a sound law of intellectual property be applicable to digital technologies as well, instead of creating new law for every new step in technology’s evolution. Secondly, Lessig’s seminal “code is law” reframed this dilemma, in reference to private conglomerates versus legislative authority. Thirdly, John Perry Barlow, in his ʻDeclaration of the Independence of …

Explicit Lyrics: The First Amendment Free Speech Rulings That Have Protected Against Music Censorship In The United States, Eric T. Kasper

Loyola of Los Angeles Entertainment Law Review

As noted by the U.S. Supreme Court in Ward v. Rock Against Racism (1989), calls for music censorship are at least as old as Plato’s Republic. Attempts to punish artists for their music continue across the globe to the present day. In the United States, these attempts have been thwarted by key Court precedents on incitement (Brandenburg v. Ohio, 1969), true threats (Watts v. United States, 1969), profanity (Cohen v. California, 1971), and obscenity (Miller v. California, 1973). None of these precedents dealt with music, but after Southeastern Promotions, Ltd. v. …

The Digital Dilemma: Counterfeit Culture And Brand Protection Reform In The E-Commerce Era, Ani Khachatryan

Loyola of Los Angeles Entertainment Law Review

In recent decades, the Internet’s growth has revolutionized the modern shopping experience. With the rise of e-commerce platforms, consumers can now instantly access thousands of products. Unfortunately, the ease of online shopping has also supported the development of counterfeit culture and fueled a coinciding increase in trademark infringement. Furthermore, given the expected expansion of e-commerce, brand identity conveys substantial value in online marketplaces. This backdrop, coupled with a surge in trademark litigation since Tiffany v. eBay, demonstrates the importance of trademark reform. The current framework for assessing trademark infringement in e-commerce settings disproportionately burdens small businesses, and this Comment …

Type I Vs. Type Ii: Delaware Courts Discuss Enforceability Of Preliminary Agreements, Robert S. Reder, Evan T. Kowalski

Vanderbilt Law Review En Banc

No abstract provided.

Special And Differential Treatment At The World Trade Organization: Analysis And Observations, Maureen Irish

Indian Journal of International Economic Law

A debate is underway at the WTO over developing country status. As well, various proposals have been made to reform special and differential treatment (SDT). This essay summarizes views expressed and analyzes them against the background of the history of SDT, the Generalized System of Preferences and WTO provision of technical assistance and capacity building. The argument presented is that many of the current concerns can be accommodated in existing provisions without need for the radical changes that have been proposed. The author concludes by offering observations on the path forward for the WTO and its Members.

V.D. Mahajan's Constitutional Law Of India, Eighth Edition, Sanjay Jain

Books

Thoroughly revised by Dr. Sanjay Jain after 32 years, this edition of V.D. Mahajan's classic will aid students of Constitutional law in their quest to understand and study this magnificent document from a refreshing new perspective.

Confidentiality Over Privacy, Stacey A. Tovino

Faculty Articles

No abstract provided.

Stigma In The Statute: When The Language Of The Law Injures, Stacey A. Tovino

Faculty Articles

Jurists frequently consider the extent to which a writer’s or speaker’s harmful statements may be actionable under the law. But what should be done when the law itself contains harmful language? Consider the case of individuals with alcohol use disorder (AUD). Hundreds of federal and state statutes refer to these individuals as “addicts,” “abusers,” “alcoholics,” “drunkards,” “inebriates,” and “intemperates.” These statutes exist notwithstanding research showing that these words provoke negative thinking by others, including thinking that individuals with AUD are more deserving of punishment and less deserving of treatment. These laws persist in the face of research showing that these …

Propaganda For War & International Human Rights Standards, Evelyn Aswad

Faculty Articles

Shortly after Russia's illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU's General Court upheld the outlets' suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …

Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski

Faculty Articles

Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and 37; Federal Rule of Appellate Procedure 38; 28 U.S.C. §§ 1927 and 1447(c); as well as courts’ inherent authority to sanction litigants and attorneys. In the standard narrative, these tools provide immediate corrections to unethical conduct, unlike bar sanctions or derivative malpractice actions that are delayed and uncertain. Together, these tools aim to effectuate the goal of Federal Rule of Civil Procedure 1: to make sure parties cooperate …

The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland

Faculty Articles

Congress delegated to the Securities & Exchange Commission (S.E.C.) the regulation of the sale and trading of securities as well as the solicitation of proxies. The S.E.C. compels disclosure by involved parties to ensure that investors can make informed decisions regarding their trades and the exercise of voting rights with respect to their securities. Such important governmental interests routinely leave one without basis to challenge the compelled speech imposed by the S.E.C. Because it generally can compel speech by parties involved in securities transactions and the solicitation of proxies, the S.E.C. is insensitive to situations when legitimate First Amendment issues …

The Macroeconomics Of Intellectual Property, Eric E. Johnson

Faculty Articles

Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information. In the modern era, questions of how best to accomplish this have been explored with reference to economic efficiency and other concepts from microeconomics. But why not macroeconomics? In the microeconomic view, the intangibles of innovation, knowledge, and information are ordinary economic goods, albeit ones whose easy reproducibility leads to special problems. In the macroeconomic view, however, innovation, knowledge, and information are extraordinary goods with special virtues. Indeed, modern macroeconomics puts these intangibles at the center of …

Racism And Trademark Abandonment, Jon J. Lee

Faculty Articles

As companies have come to terms with the fact that their brand names and imagery have connections to our country’s racist history, they have publicly announced their commitments to shed their ignominious trademarks. But unlike a physical monument, a trademark cannot be destroyed or removed. Under the prevailing doctrine, abandoned trademarks return to the public domain, free for another company to claim and use—even if it is to capitalize on the mark’s recognition as a symbol of oppression. This puts companies who wish to sever their ties with their racist trademarks in an intractable situation: either they make good on …

Torts And Personhood, Melissa Mortazavi

Faculty Articles

No abstract provided.

Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi

Faculty Articles

When courts consider a choice of class or lead counsel in multidistrict litigation ("MDL') or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank conduit for client interests. In theory, lawyers should be able to bring their legal expertise absent any personal experiences, individualized identity, and morality outside of practice. But the reality is that neither lawyers nor their clients can fully divorce their identities or moral viewpoints from the legal system. This Essay argues that an identity-blind choice of class or lead counsel, grounded in a …

Sharing Where Bargains Are Impossible, Saul Levmore, Andrew Verstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Cooperation sometimes breaks down, and former teammates will disagree about whathappens next. For example, when can an employee quit to join a competitor? Courts often resolve disputes by looking at the parties’ actual or hypothetical bargain. Thus, a court may ask whether there was a non-competition agreement (and whether it was reasonable), or whether the employee is taking a “corporate opportunity” as she departs. These are all-or-nothing determinations by courts; either the bargain, or law, fully allows or fully prohibits the disputed conduct.

This is a suitable approach when fair and efficient bargains are possible. But, this article argues that …