Law Commons^™

Religious Convictions, Anna Offit

North Carolina Law Review

No abstract provided.

Back To The Bargaining Table: The Joy Silk Doctrine's Potential To Revive Union Organization, Brooke Baledge

North Carolina Law Review

No abstract provided.

Community Property And Conflict Of Laws: A Cacophony Of Cases, Karen Boxx

Articles

Justice Cardozo is reported to have said that "the average judge, when confronted by a problem in the conflict of laws, feels almost completely lost, and, like a drowning man, will grasp at a straw." Conflict of laws can be vexing, but the resolution of a controversy involving multiple states' marital property systems can quickly become impenetrable. This is in part due to the fundamental conceptual differences between community property and common law marital property paradigms, the inconsistencies in the use of similar terms in the different systems, and the significant differences among the laws of the community property states …

Election Obstruction, Jason Marisam

Faculty Scholarship

In 2020 and 2022, multiple Republican county canvassers refused to perform their ministerial duty to approve election returns, obstructing the official certification of the results. The canvassers latched onto false claims of fraud and other conspiracies advanced by election deniers. They eventually relented because of court orders and public pressure. The elections produced official winners, and crisis was averted. But, as long as election denialism rots our political discourse, election obstruction by canvassers will be a persistent risk with significant dangers for our democracy. This Essay provides a brief history of election obstruction by canvassers, examines the modern link between …

The Road To Autonomy, Nicole Mcconlogue

Faculty Scholarship

Scholars, activists, and advocates have long identified the “transportation gap” as a significant factor contributing to race- and class-based economic and other disparities. Carlessness correlates closely with race and poverty; meanwhile, widespread disinvestment in public transit results in low-income Black and Brown people suffering a disproportionate lack of access to opportunity and choice in almost every conceivable area of life.

State and local governments most often propose one of three solutions to correct the transportation gap: 1) renewing their investment in public transit; 2) increasing access to shared transit; and 3) making adaptations to the built environment. This Article demonstrates …

Crossing The Cultural Chasm And The Power Of Listening: How We Wrote A New Tenure Code, David Larson, Linda Hanson

Faculty Scholarship

Revising the Tenure Code of an institution of higher learning may be among the most challenging of the processes it undertakes, especially when there is a commitment to shared governance by its Board of Trustees and Faculty. At Mitchell Hamline School of Law, we recently experienced this process - both difficult and ultimately satisfying - following the combination of two law schools. In 2016, Mitchell Hamline School of Law became an independent institution formed through the combination of independent William Mitchell College of Law and Hamline School of Law, a school of Hamline University, both based in St. Paul, Minnesota. …

Chatgpt, Professor Of Law, Tammy Oltz

Faculty Scholarship

In this Paper, I test the ability of ChatGPT to assist with common tasks performed by law professors. To conduct the experiment, I ran four service-related prompts and three teaching-related prompts through the free version of ChatGPT and then analyzed the results. ChatGPT performed very well on the service-related prompts and moderately well on the teaching-related prompts. I conclude that ChatGPT can provide law professors with near-finished products for routine tasks and a solid jumping-off point for those that are more complex.

Volume 73 Issue 3 (2023), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

How The Public Utilities Commission Of Ohio’S Application Of The Stipulation Standard Leads To Unbalanced Proceedings, Madeline Mischler

Case Western Reserve Law Review

No abstract provided.

Personal Jurisdiction And The Fairness Factor(S), Megan M. La Belle

Emory Law Journal

No abstract provided.

Saving Spacs From The Sec’S Potentially Ruinous Overreach, Carson S. Clear

Emory Law Journal

The resurgence of Special Purpose Acquisition Companies (“SPACs”) in the U.S. securities market has demonstrated potential as an alternative to the traditional initial public offering (“IPO”). However, the evolution of SPACs from their fraudulent “blank check” ancestors has left the Securities and Exchange Commission (“SEC”) weary of SPACs’ continued presence in the market. Currently, SPACs exist as an exception to Rule 419 and the Penny Stock Reform Act of 1990, thereby allowing them to escape the rigorous disclosure requirements that not only eradicated their ancestors, but also significantly burdened the timeline of the traditional IPO process. While many consider SPACs …

Looking A Gift Horse In The Mouth: Working Students Under The Fair Labor Standards Act, Lara Morris

Washington and Lee Law Review

Internships have skyrocketed in popularity as they become the new entry-level position for professional careers across the country. Despite their popularity, the legality of internships falls in a gray area created by a vague statute and a flexible, factor-based judicial test. The Fair Labor Standards Act (FLSA), which regulates employment relationships and importantly mandates a minimum wage and hour requirements, was written long before internships became commonplace and provides little direction for how to regulate these positions. In this void, both the Department of Labor and federal courts have developed guidance, the ultimate culmination of which is the modern primary …

Advising The House Of Representatives Through Impeachment, Sara Frankenstein

South Dakota Law Review

No abstract provided.

Petroleum And The Politics Of Decolonization In Indonesia: A Study Of Economic Development And Nationalism, Jan P. Wenger

Honors Theses

This study examines Indonesia’s reliance and independence on foreign direct investment (FDI) and multinational corporations (MNCs) in the oil and gas sector. Analyzing historical, economic, and political primary and secondary sources and conducting qualitative interviews, the research explores the friction between economic development aspirations and nationalist sentiments. The study reveals that the current ambiguity surrounding FDI and MNC policies in Indonesia’s oil and gas sector can be traced back to the country’s economic decolonization and demonstrates that Indonesia’s economic policies towards these factors shifted in the aftermath of political change. Since gaining independence, Indonesia has strived to balance the pursuit …

Complexities Of Community Consultation In Chile's Lithium Industry, Isabella R. Whelan

Honors Theses

Echoed by November’s COP27 in Egypt, the climate crisis has become an increasingly pressing and global issue, with the need to move away from fossil fuels more urgent than ever. In attempts to decarbonize the global economy, many countries and companies have turned to electrification –particularly within the transportation sector, one of today’s largest contributors of greenhouse gasses. A crucial component of energy storage and batteries is lithium, now considered a “critical mineral.” Demand for lithium has skyrocketed in recent years and is only expected to continue growing. More than fifty percent of the world’s lithium supply is found within …

Commentary For The Journal Of Air Law And Commerce On The Article By Andrew Lee Entitled The Future Of The Law On The Moon, Stephan Hobe

Journal of Air Law and Commerce

No abstract provided.

Vfr Into Imc Through The Lens Of Behavioral Economics, Stephen O'Mahony, Felicity Deane, Kieran Tranter

Journal of Air Law and Commerce

Decision-making can be the difference between life and death in all types of aviation, but in general aviation (GA), where most of the flying is conducted as single-pilot operations, the decision-making of one individual becomes fundamentally important. It is critical to consider, first, why pilots make bad decisions that can ultimately lead to weather-related aviation accidents or incidents; and second, whether a better understanding of weather-related decision-making can inform regulations that will improve decision-making and consequently reduce the frequency of pilot-error accidents.

Behavioral economics (BE) aims to better understand individual decision-making to model decision-making pathways. As individual decision-making is central …

The Future Of The Law On The Moon, Andrew Y. Lee

Journal of Air Law and Commerce

Outer space is rapidly becoming the domain for industrial-scale private-sector innovation and entrepreneurship. By developing and maturing the unprecedented technology for vertical landing and partial reuse orbital-class rockets, Space Exploration Technologies Corporation (SpaceX) has reduced the cost of access to orbital space by a staggering factor of magnitude, i.e., to one-tenth the previous rate. SpaceX is now on the cusp of launching its next-generation launch system called Starship to orbit. Starship is designed to be fully and rapidly reusable (land, refuel, and fly like airplanes) and expected to decrease the cost of access to orbital space to a level comparable …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Aircraft Leasing—How To Comply With The Regulations And What Happens When You Don’T, David T. Norton, Gregory J. Reigel

Journal of Air Law and Commerce

The Federal Aviation Administration’s (FAA) increased emphasis on investigating improper leasing/illegal charter presents a challenge for aircraft operators. Understanding the regulatory requirements related to aircraft leasing is critical for operators to ensure their aircraft operations are compliant. Equally important is the need for aircraft operators to understand how the FAA exercises its oversight when it investigates alleged improper leasing/illegal charter operations, the consequences to which an aircraft operator may be subject in the event of non-compliance, and how an operator who is the target of such an investigation may respond to and/or work with the FAA to successfully resolve the …

The Cape Town Convention Offers Registered International Interests Providing Maximal Security To American Lessees Of Aircraft, B. Patrick Honnebier

Journal of Air Law and Commerce

This paper focuses on the acquisition of aircraft by United States-based airlines. At present in the U.S., airlines are faced with a fierce competition, and to commercially survive, they keep advertising that they operate modern and safe aircraft. Since the beginning of aviation, there does not exist a fully state-owned “flag carrier” in the U.S. On the contrary, the commercial airlines market has always been in the hands of private undertakings. Traditionally, the airlines themselves have arranged the acquisition of their fleets of aircraft. For this purpose, they have to obtain loans from private banks and other non-governmental financial institutions. …

On Who Should Pay When Orbital Debris “Trickles-Down” In A Tragedy Of The Low Earth Orbit Commons, Michael B. Runnels

Journal of Air Law and Commerce

In March 2023, NASA released the most rigorous and wide-reaching orbital debris analysis in the space law literature that provides a cost-benefit analysis of removing orbital debris from low Earth orbit (LEO), a region of the Earth’s environment with no environmental regulation. NASA contextualized the motivation in releasing this report as rooted in the exponential growth of the commercial satellite industry, noting that “the number of tracked and untracked debris in LEO is projected to grow . . . even if no new satellites are launched into space, yet launch traffic is likely to increase in the coming decade compared …

Toward Self-Determination In The U.S. Territories: The Restorative Justice Implications Of Rejecting The Insular Cases, Sarah M. Kelly

Michigan Journal of Race and Law

Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases—a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States’ indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House of Representatives introduced House Resolution 279, which declares that the Insular Cases should be rejected as having no place in U.S. constitutional law. Moreover, in 2022, Justice Gorsuch called for the Supreme Court to squarely overrule the cases.

For many, rejecting the Insular Cases is a long-overdue reckoning …

Bankruptcy In Black And White: The Effect Of Race And Bankruptcy Code Exemptions On Wealth, Matthew Bruckner, Raphaël Charron-Chénier, Jevay Grooms

Michigan Journal of Race and Law

Bankruptcy law in the United States is race-neutral on its face but, in practice, race matters in bankruptcy outcomes. Our original research provides an empirical look at how the facially neutral laws that allow debtors to retain assets in bankruptcy cases result in disparate outcomes for Black and white debtors. Racial differences in asset retention in bankruptcy cases play a role in perpetuating wealth inequality between Black and white debtors.

Existing bankruptcy data lacks individual-level characteristics such as race, which inhibits researchers’ ability to adequately assess biases or unintended consequences of laws and policies on subsets of the population. Thus, …

“Individually Minor But Collectively Significant”: The Right To Cumulative Impact Analyses And Substantive Protections In Wilmington, California, James Crisafulli

Chapman Law Review

"As the concept of environmental justice has increasingly permeated law and policy debates around the world, a heightened awareness of communities facing disproportionate pollution burdens has emerged. In Wilmington, residents—the vast majority of whom are Hispanic—largely find themselves without legal solutions to the cumulative pollution burdens they endure.20 Part I of this Article describes the origin and nature of the pollution sources harming residents of Wilmington and the negative health consequences that have resulted from cumulative pollution impacts. Part II first identifies the limited substantive legal protections available to Wilmington residents and then turns to existing procedural mechanisms for deterring …

Major Questions In Crisis Governance, Catherine F. Le

Chapman Law Review

What do student loan forgiveness, a vaccine-or-test mandate, and a nationwide eviction moratorium all have in common? They are all federal administrative crisis governance measures, issued under statutory emergency authorization during the COVID-19 pandemic, that were invalidated by the Supreme Court under the major questions doctrine.

The major questions doctrine bars agencies from regulating “major” issues without express prior statutory authorization from Congress. But this is fatal to administrative crisis governance. For as the German legal theorist Carl Schmitt observed, a true emergency will always engender the unexpected, and ex ante legislation will inevitably fall short. Congress cannot see emergencies …

Nancy Schultz, Legal Scholar, Lawrence Rosenthal

Chapman Law Review

"I would like to take a few moments to discuss a subject that may be surprising to some—the legal scholarship of Nancy Schultz. [Audience laughs] I knew that sentence was going to get a laugh. The reason you laughed is illuminating."

Race, Gatekeeping, Magical Words, And The Rules Of Evidence, I. Bennett Capers

Faculty Scholarship

Although it might not be apparent from the Federal Rules of Evidence themselves, or the common law that preceded them, there is a long history in this country of tying evidence—what is deemed relevant, what is deemed trustworthy—to race. And increasingly, evidence scholars are excavating that history. Indeed, not just excavating, but showing how that history has racial effects that continue into the present.

One area that has escaped racialized scrutiny—at least of the type I am interested in—is that of expert testimony. In this brief Essay written for the Vanderbilt Law Review Symposium, Reimagining the Rules of Evidence at …

The Beps “Revolution” And The Future Of Corporate Income Taxation, Grace Leblanc

Chapman Law Review

"This Note contributes to the wide range of economic and legal literature discussing the United States and the Organization for Economic Cooperation and Development’s ('OECD') responses to profit shifting in the modern world. This Note seeks to fill a gap in the literature by arguing that, while the most recent shifts in the treatment of MNC tax behavior have been radical in some ways, the United States’ role as the chief influencer in international corporate tax reform has frustrated true progress."