Law Commons^™

The End Of The Covid-19 Eviction Moratorium: A Comparative Look At Two States’ Responses, Alexandrea Williams

Student Works

No abstract provided.

Cryptocurrency Mining: The Downside Of Technological Innovation, Jacqueline A. Wlodarczyk

Student Works

No abstract provided.

Taking Care Of Business: An Empirical Examination Of The Top S&P 500 Companies And Their Role As Public Health Regulators During The Covid-19 Pandemic, Megan M. O’Malley

Student Works

No abstract provided.

Betting On Themselves: How Players Could Benefit From Legalized Sports Wagering, Matthew Wester

Student Works

No abstract provided.

Repurposing Vacancies: How New York City Can Transform Vacant Hotels To House The City’S Homeless Population, Matthew Degenhardt

Student Works

No abstract provided.

It’S Time To Get Risky: Debt Based Public Financing In Renewable Energy, Jonathan Brueneman

Student Works

No abstract provided.

From Christie’S To Nifty’S: Securing The Rights Of A Future Virtual Gallery, Nicole Dlug

Student Works

No abstract provided.

True Uniformity: Why Congress Should Adopt The Federal Name, Image, And Likeness Standard Outlined In The “Student Athlete Level Playing Field Act”, Yitzchok Isaac Krupka

Student Works

No abstract provided.

Whistleblowing After Leaving The Job: Former Employees Need Anti-Retaliatory Protection From Post-Employment Retaliation, Yingying Li

Student Works

No abstract provided.

Semantic Cues And Legislative Muse: Discovery Does Not Ensue Under § 1782 For International Private Commercial Arbitration, Wolfgang A. Albrecht Iii

Student Works

No abstract provided.

Gender Parity In The Boardroom: How States Can Crack The Glass Ceiling Of The Corporate Boardroom For More Women To Enter, Olivia Pereira

Student Works

No abstract provided.

Research Priorities For Climate Litigation, Jessica A. Wentz, Delta Merner, Benjamin Franta, Alessandra Lehmen, Peter C. Frumhoff

Sabin Center for Climate Change Law

This article characterizes key research gaps and opportunities for scientists across disciplines to do work that informs the rapidly growing number of climate lawsuits worldwide. It focuses on research that can be used to inform legal decisions about responsibility for greenhouse gas emissions and climate damages. Relevant lawsuits include claims filed against government and corporate defendants alleging that they have violated environmental, human rights, constitutional, tort, and consumer protection laws due to their contributions to climate change and failures to control emissions. Constructive attention has recently been given to the important role of attribution science in informing some of these …

One Size Does Not Fit All: Alternatives To The Federal Rules Of Evidence, Henry Zhuhao Wang

Scholarly Publications

The Federal Rules of Evidence have been so successful that many people easily equate them to the whole field of evidence law. But this is a false equivalence. Our world is complicated, diversified, and dynamic. So too is evidence law, which is like a rainforest in which the Federal Rules are simply the largest tree, not a forest unto themselves. In fact, the Federal Rules of Evidence are limited in their applicability due to three fundamental assumptions: the presence of a jury trial, an adversarial process, and witness oral testimony.

This article illustrates the dominance of the Federal Rules of …

Socioeconomic Rights In Latin America: Closing The Gap Between Aspiration And Reality, David Landau

Scholarly Publications

Latin America is the region where constitutional socioeconomic rights have been taken most seriously. There is a high level of convergence around the idea that socioeconomic rights belong in constitutions. Moreover, there is a growing regional consensus that socioeconomic rights are fully justiciable. The empirical record of judicial enforcement, on the other hand, shows more variance and is less transformative than this consensus would suggest. Courts most commonly follow models of enforcement that place relatively low levels of strain on conceptions of judicial role but are also less likely to have transformative effects. For example, many courts seem to prefer …

Dobbs, Democracy, And Dysfunction, David Landau, Rosalind Dixon

Scholarly Publications

No abstract provided.

Rightsizing Local Legislatures, Brenner M. Fissell

Faculty Publications

Local councils, boards, and commissions have all the lawmaking powers of a legislature—including the power to criminalize conduct—but they are far too small to deserve them. With an average size of only four members, local legislatures depart from the norm observable at all other levels of government. Only in the past few years have legal scholars turned their attention to the institutional design of these bodies, but this developing literature has yet to address their most striking feature—their small size.

This Article takes up this project. It claims that local microlegislatures are comparatively unrepresentative and undemocratic, and that their size …

Lear’S Daughters? Unenumerated Fundamental Rights And The Constitution, Thomas Halper

Publications and Research

How to determine whether fundamental unenumerated constitutional rights exist, and if so, what they are? The questions are of obvious enormous importance—witness the current controversy over abortion—and yet courts have generally been content to address the issues superficially, sometimes, cavalierly. Their treatment of the most common rationale, an historical/traditional consensus, exemplifies this shallow approach. The underdeveloped character of the argumentation on this topic stubbornly remains one of the most glaring shortfalls of modern constitutional law.

Menstruation In A Post-Dobbs World, Emily Gold Waldman, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

In this Essay, we re-examine our 2022 book, Menstruation Matters: Challenging the Law's Silence on Periods, through multiple related lenses, including the human rights, sustainability, and workplace issues emphasized by our three reviewers; the COVID-19 pandemic; and the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. All of these perspectives converge on the inherent dignity and autonomy interests in being able to manage one's own body. Menstruation and related conditions like breastfeeding, pregnancy, and menopause should not be sources of shame or stigma. Nor should they be vectors of formal control by the government or de facto exclusion …

Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson

Elisabeth Haub School of Law Faculty Publications

Title IX of the Education Amendments Act of 1972 (“Title IX”) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define “sex” to include discrimination on the basis of menstruation or related conditions such as perimenopause and menopause. This textual absence has caused confusion over whether Title IX must be interpreted to protect students and other community members from all types of sex-based discrimination. It also calls into question the law's ability to break down systemic sex-based barriers related to menstruation in educational spaces. Absent an interpretation that there …

A Human Rights Approach To Climate-Induced Displacement: A Case Study In Central America And Colombia, Camila Bustos, Juliana Vélez-Echeverri

Elisabeth Haub School of Law Faculty Publications

The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those displaced by climate across international borders, while national governments continue to reckon with the domestic implications of internal displacement fueled by climate impacts. In this article, we apply a human rights lens to climate induced displacement, drawing from two case studies to highlight the human rights …

Teaching Sustainable Business Law & The Role Of Esg Lawyers, Jason J. Czarnezki, Joshua Ulan Galperin, Brianna M. Grimes

Elisabeth Haub School of Law Faculty Publications

This Article is the second paper in a series laying out the emergence of sustainable business law and the role of ESG lawyers. The first paper, Sustainable Business Law? The Key Role of Corporate Governance and Finance, argues “that ‘sustainable business law’ has emerged as a distinct area of law” and “serves as an introductory explanation to define and understand the growing subject matter at the intersection of sustainability, business, and the law.” That paper also explores the key role that corporate governance and finance play in achieving sustainability, and suggests that “[a] future project for scholars ... is to …

A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell

Elisabeth Haub School of Law Faculty Publications

The State of Wisconsin's longstanding conservation ethic includes the passage of the Conservation Education Statute, which required conservation of natural resources be taught in public schools, and the creation of “Earth Day.” However, a lack of recent interest and scholarship in Wisconsin's important conversation history and development of conservation law has driven us to write this Article which offers a brief legal history of Wisconsin conservation--how the state's conservation values were expressed in law, how its natural resources law has evolved and what that has (and has not) embodied, and how Wisconsin helps us define modern concepts of “conservation.” Specifically, …

The Failure Of Market Efficiency, William Magnuson

Faculty Scholarship

Recent years have witnessed the near total triumph of market efficiency as a regulatory goal. Policymakers regularly proclaim their devotion to ensuring efficient capital markets. Courts use market efficiency as a guiding light for crafting legal doctrine. And scholars have explored in great depth the mechanisms of market efficiency and the role of law in promoting it. There is strong evidence that, at least on some metrics, our capital markets are indeed more efficient than they have ever been. But the pursuit of efficiency has come at a cost. By focusing our attention narrowly on economic efficiency concerns—such as competition, …

Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey

Utah Law Review

All cities and towns in the U.S. utilize electric power. Electric power needs to be generated. Now, energized by larger issues of rapid climate change, the U.S. and all nations must transition to lower-carbon-emission sources of power generation, of which wind power currently is the most prominent and used technology. Any community hostile to wind power can pass a highly restrictive amendment to its zoning ordinance that makes the community unattractive or costprohibitive to wind or other power generation projects. There is no requirement under state law for states to allow tens of thousands of cities and towns carte blanche …

Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess

Utah Law Review

The Greater Yellowstone Ecosystem (GYE), one of the world’s most treasured regions, consists of an interconnected patchwork of federal, state, and private lands. The GYE’s elk, mule deer, and pronghorn antelope (pronghorn) rely on this vast range to complete their seasonal migrations, but development increasingly threatens this natural cycle. Moreover, the GYE’s existing wildlife management framework fails to resolve the tension between wildlife and growth, leaving both wildlife and local communities vulnerable. After reviewing the scope of the GYE’s ecological challenges, this Note proposes a new solution: a policy establishing affirmative easements across designated migration corridors in the GYE and …

Floating Liens Over Crypto-In-Commerce, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

Commercial law and crypto are colliding. Against the backdrop of explosive growth (and discord) in the digital asset market, there has been a series of recent revisions to American commercial law aimed at addressing new and emerging technologies. These changes to the Uniform Commercial Code (UCC) are designed to facilitate the buying and selling of digital assets as well as their use as collateral. However, to date, the literature exploring these changes has mainly focused on understanding the basics of the new regime. This Essay moves beyond that baseline by showing how the UCC amendments can be used to structure …

The [De]Value Of Unsubstantiated Allegations Against The Police, Francy R. Monestime

Fordham Law Review

In 2020, New York State repealed Civil Rights Law section 50-a, which formerly prohibited disclosure of police and other civil servant disciplinary records. Shortly after this repeal, New York City’s Civilian Complaint Review Board (CCRB) released thousands of records of civilian complaints for all current and former New York City police officers that dated back to 2000. The release included substantiated findings of wrongdoing and unsubstantiated records in which no wrongdoing was found. Records continue to be released in this manner following the CCRB’s investigations.

Under New York City’s Administrative Procedure Act, agencies like the CCRB must follow certain procedures …

The Medical/Legal/Human Disconnect In Cure Cases: A Proposal For Reform, Thomas C. Galligan Jr.

All Scholarship

The obligation of a vessel owner to provide a seaman with cure or medical treatment for injuries or conditions which were either caused by the seaman’s service of the ship or which manifested themselves during that service is of ancient origin. The obligation lasts until the seaman attains what the courts call maximum medical improvement, a medical decision, even if further treatment would ease the seaman’s pain or prevent relapse or degeneration of the seaman’s condition. Under the traditional rules, if medicine could not fix the seaman’s problem, then the obligation to provide cure ceased. These old rules are out …

Reconciling Property Rights With Carbon Capture And Storage, Keith B. Hall

Journal Articles

No abstract provided.

Masthead

Washington and Lee Law Review

No abstract provided.