Law Commons^™

A Next-Generation Framework: Using Critical Legal Research Pedagogy To Prepare Law Students For The Nextgen Bar Exam, Laura Wilcoxon

Articles

Ready or not, the bar is being raised. The next entering class of law students could sit for the NextGen Bar Examination in 2026. For the first time, recent law school graduates will be asked to demonstrate their proficiency in legal research to become licensed to practice law.

Law librarians can begin to prepare students endeavoring to pass the NextGen bar—and to achieve ultimate success as lawyers well-equipped at legal research—by incorporating critical legal research and critical legal information literacy pedagogy into legal research instruction. The phrase critical legal research was first coined in 2015, and it describes the application …

Honest Belief And Proof Of Unlawful Motive, Eric Schnapper

Articles

A large number of federal statutes impose liability on a defendant if it acted with a forbidden motivation. Intent is also central to the meaning of a number of constitutional provisions, including many applications of the First Amendment and the Equal Protection Clause. The large volume of litigation under these provisions does not turn on doctrinal differences about the meaning of intent or purpose, but on disputes about the types of evidence that are and are not sufficient to establish the existence of the forbidden purpose. Those standards, as a practical matter, determine the efficacy of the prohibition at issue …

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. …

Amicus Curiae Brief Of Law Professor Suzette Malveaux In Support Of Plaintiff’S Opposition To Defendant Ultragenyx’S Motion To Dismiss: Lacks V. Ultragenyx Pharmaceutical, Inc., Suzette Malveaux

Scholarly Articles

Plaintiff alleges that Ultragenyx was conferred the benefit of Henrietta Lacks’s cell line, that Ultragenyx knew of this benefit, and that Ultragenyx unfairly retained the benefit without providing payment to the Lacks family. Moreover, Plaintiff contends that this wrongful conduct has been going on for years, within the three-year limitations period and beforehand. Thus, on the face of the complaint, Plaintiff’s unjust enrichment claims would be viable. Alternatively, Plaintiff may proceed on a theory that an unjust enrichment claim does not ripen until an accumulation of wrongful acts has occurred, which pushes accrual within the limitations period.

Amicus Curiae Brief Of Law Professor Suzette Malveaux In Support Of Plaintiff The Estate Of Henrietta Lacks’S Opposition To Defendant’S Motion To Dismiss Second Amended Complaint: Estate Of Henrietta Lacks V. Thermo Fisher Scientific, Inc., Suzette Malveaux

Scholarly Articles

Plaintiff alleges that Thermo Fisher was conferred the benefit of Henrietta Lacks’s cell line, that Thermo Fisher knew of this benefit, and that Thermo Fisher unfairly retained the benefit without providing payment to the Lacks family. Moreover, Plaintiff contends that this wrongful conduct has been going on for years, within the three-year limitations period and beforehand. Thus, on the face of the complaint, Plaintiff’s unjust enrichment claims would be viable. Alternatively, Plaintiff may proceed on a theory that an unjust enrichment claim does not ripen until an accumulation of wrongful acts has occurred, which pushes accrual within the limitations period.

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.

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.