Law Commons^™

Introduction: There Must Be Something In The Water - Or The Bourbon - In Kentucky: Voting Rights In The Bluegrass State, Joshua A. Douglas

Law Faculty Scholarly Articles

Kentucky is best known for three things: horses, bourbon, and basketball. Add positive improvements for the right to vote to the list.

The Bluegrass state has made national news in recent years for its election rules. In 2020, many people in the media and advocacy world pointed to Kentucky as a model for administering an election during the COVID-19 pandemic. Under a bipartisan agreement between the Democratic Governor and Republican Secretary of State, Kentucky initially postponed the 2020 primary to provide for additional planning time. Then it implemented smart rules to ease access to vote-by-mail and made in-person voting safer …

Reading Legal Ethnographies To Re-Map Legal Pluralism: A Pospisilian Corrective To The Prevailing Dichotomous Description Of Afghanistan’S Legal Order, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

This article explores several ethnographies (both academic and para-academic) of Afghanistan’s traditional justice (jirgas and shuras) in order to illuminate contrasts of their conceptual approaches at different periods of the country’s history. In this genealogy we identify ethnographic observations of the levels at which various sociolegal authorities operate and which often elude standard international ontology. The article takes the legal ethnographies as signposts for a conceptual reframing of the legal situation in the country by drawing upon Pospisil’s legal-anthropological conceptual approach which offers an alternative to generic global legal models based on binary oppositions such as formal–informal, state–non-state or official–traditional. …

Sb 148 - Amendments To The Nonprofit Code, Joseph Shafritz, Jonathan Shaw

Georgia State University Law Review

The Act revises, simplifies, and modernizes the Georgia Nonprofit Corporation Code, providing greater flexibility in forming and running such organizations.

The Right To Counsel For Habeas Proceedings, Amy Cohen

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Interstate Cannabis Compacts: The Road To A Regional Legal Cannabis Economy, Michael J.K.M. Kinane

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Foreword, Nicholas Keenan, Senya Merchant, Clara Lane

UC Law Business Journal

No abstract provided.

Don’T Let The Green Grass Fool You: Green Contingent Convertible Bonds And Their Role In The Pursuit Of A Sustainable Economy, Eyolf Aaro

UC Law Business Journal

This paper exposes some prominent issues that arise when banks label their contingent convertible bonds (CoCos) as “green,” and proposes a mechanism to improve green CoCos as climate change mitigation instruments. The green label is weakly protected due to regulatory requirements for capital instruments issued by banks. Current and proposed green bond frameworks, when applied to standard green bonds are insufficient in ensuring real environmental impacts from the bonds, are not prepared for the novelty of labeling CoCos as green. The result is a financial instrument through which issuing banks unsuccessfully try to achieve both regulatory and environmental aims. The …

The Collapse Of The Turnover-Proof Business Model: Combatting A Labor Crisis, Simran Thiara

UC Law Business Journal

No abstract provided.

Attack On Antitrust: Preventing A Grim Future For Anime Streaming, Michael L. Cederblom

UC Law Business Journal

No abstract provided.

Tort Reform In Florida: The Impact Of Hb837, Kara E. Burns

Honors Undergraduate Theses

Legislative policies play a pivotal role in shaping the socio-political landscape of a nation, addressing critical issues, and reflecting the values and priorities of its citizens. This case study examines the implementation of Florida's House Bill 837 (HB837), a significant piece of legislation that has generated substantial interest and debate. The study aims to shed light on the practical implications of this policy within the context of its introduction, passage, and subsequent results. The research of this case study explores the historical and political backdrop against which HB837 was enacted. It examines the motivations behind the bill, the debates that …

Restoring Confidence In Educational Technologies, Ariel Newman

Faculty Works

This article explores how adaptable digital learning tools, originally designed for K-12 education, can enhance engagement and comprehension in law school classrooms. In response to lingering skepticism toward educational technology following the pandemic, the article advocates for a strategic approach that integrates interactive and student-centered methods rather than reverting entirely to traditional instruction. Newman emphasizes the importance of leveraging digital tools that align with the learning preferences of Generation Z students, fostering more dynamic and effective legal education. By rethinking how technology is used in law schools, educators can create more engaging and responsive learning environments that better prepare students …

Felony Murder Liability For Homicides By Police: Too Unfair And Too Much To Bear, Maria T. Kolar

Journal of Criminal Law and Criminology

On November 23, 2020, a fifteen-year-old boy was gunned down by five Oklahoma City police officers, after he exited a convenience store and dropped the gun that he and a sixteen-year-old partner had earlier used to rob the store’s owner. Initially, the boy’s non-present partner was charged with first-degree (felony) murder for this killing. But after months of efforts by the boy’s mother and local activists, the district attorney also charged five officers with first-degree manslaughter for this same killing.

This case raises the question of whether Oklahoma—or any American state—can convict a defendant of felony murder based upon a …

The Problem Of Habitual Offender Laws In States With Felony Disenfranchisement, Daniel Loehr

Journal of Criminal Law and Criminology

Habitual offender laws operate to increase the sentence of an individual if that person already has a felony conviction. At the same time, many people with felony convictions cannot vote or run for office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As John Hart Ely argued, laws that target a formally disenfranchised group are tainted and deserve heightened constitutional scrutiny. When reviewing habitual offender laws under the Eighth Amendment, however, courts have applied the opposite of heightened scrutiny—they have applied an extreme form …

Policing The Danger Narrative, Avlana K. Eisenberg

Journal of Criminal Law and Criminology

The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture—namely, how police envision their relationship to those policed. It exposes the vast reach of a deeply engrained “danger narrative” and demonstrates the disastrous consequences that this narrative has helped to bring about. Reinforced by police training, codified by courts, and broadly deployed, the danger narrative is …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia González

Journal of Criminal Law and Criminology

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima

Journal of Criminal Law and Criminology

Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, the behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that achieve any of several goals—constitutional compliance, stops that lead to “good” arrests or summonses, stops that lead to seizures of weapons, drugs, or other contraband, or stops that produce good will and citizen cooperation—should signal to officers the features of a stop that increase its rewards …

Casting A Ballot For Change: How To Overcome Jail Policy Deficiencies And The O’Brien Precedent To Expand Voting Rights For Jailed Individuals, Lorellee Kampschnieder

Journal of Criminal Law and Criminology

Prior to the 2020 election, lawmakers in several states sought to expand voting rights for individuals with felony convictions, and while this work is important, a large swath of voters who legally never lost the right to vote are still unable to do so because they are detained in jail. These individuals, often detained prior to trial, have the right to vote pursuant to a 1974 Supreme Court ruling in O’Brien v. Skinner. However, despite the clear legal precedent protecting voting rights for those in jail, the right remains unrealized for most incarcerated individuals due to numerous barriers. Some localities, …

Beyond Due Process: An Examination Of The Restorative Justice Community Courts Of Chicago, Jackie O'Brien

Journal of Criminal Law and Criminology

As American society has reckoned with the harmful effects of mass incarceration, there has been a push to consider alternative forms of achieving justice. Restorative justice is one such method. A transformative approach to conflict resolution inspired by the traditions and practices of indigenous peoples, restorative justice offers a comprehensive means of addressing harm, emphasizing the community, rather than the single act that caused harm. Many jurisdictions and communities have turned to restorative justice to divert cases from the punitive criminal legal system. While there are variations in programs and approaches, many communities integrate restorative justice practices as a means …

The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher

Emory International Law Review

No abstract provided.

Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig

Cybaris®

No abstract provided.

Copyrighting Brain Computer Interface: Where Neuroengineering Meets Intellectual Property Law, Favio Ramirez Caminatti

Cybaris®

No abstract provided.

Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn

Cybaris®

No abstract provided.

Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor

Cybaris®

No abstract provided.

Mickey Mouse – Finally Whistling His Way Into The Public Domain, Holly Lechner

Cybaris®

No abstract provided.

Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig

Cybaris®

No abstract provided.

Any, James J. Brudney, Ethan J. Leib

Faculty Scholarship

Our statute books use the word “any” ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court’s statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of “any.” And any effort to offer a unified approach—knowing precisely when its scope is expansive (along the “literal-meaning” lines of “every” and “all”) or confining (having a contained domain related to properties provided by contextual cues)—is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, …

Back At It Again: The Supreme Court’S Latest Attack On The Voting Rights Act And Its Effect On Black Louisianians, Kalli Leahy

Student Works

No abstract provided.

Crypto Is Calling: How Congress Should Answer The Call To Provide A Knowledgeable Regulatory Framework, Paul C. Samuel

Student Works

No abstract provided.

Who Can Stand It?: Acquiring Standing And Proving Injury-In-Fact To Protect The Environment, Rachel Forman

Student Works

No abstract provided.

The Digital Services Act: Does It Respect The Freedom Of Expression, And Is It Enforceable?, Terrell Paige

Student Works

No abstract provided.