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Full-Text Articles in Law

The Trial Of Thomas More - Robert Bolt's A Man For All Seasons, Jonathan Van Patten Jan 2023

The Trial Of Thomas More - Robert Bolt's A Man For All Seasons, Jonathan Van Patten

Faculty Publications

The path from Magna Carta to the United States Constitution and the Bill of Rights runs through the trial of Thomas More. Robert Bolt's magnificent portrayal of that trial in A Man for All Seasons provides an opportunity to learn and reflect on how a political trial can teach us about the meaning of justice. The search for universals must be rooted in the particulars. The particulars in this case will also resonate with modern audiences who seek to understand their own politics in times of crisis.

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Editorial Foreword Legal Challenges And Opportunities In The Energy Transition, Raphael J. Heffron, Marcin Kraśniewski Jan 2023

Editorial Foreword Legal Challenges And Opportunities In The Energy Transition, Raphael J. Heffron, Marcin Kraśniewski

Yearbook of Antitrust and Regulatory Studies

Editorial

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The State Citizenship Clause, Kurt T. Lash Jan 2023

The State Citizenship Clause, Kurt T. Lash

Law Faculty Publications

The first sentence of the Fourteenth Amendment declares: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, is a citizen of the United States and of the state wherein they reside.” This opening sentence contains not one, but two citizenship clauses. The first defines national citizenship. The second defines state citizenship. Although significant historical scholarship exists regarding the other provisions in Section One of the Fourteenth Amendment, the State Citizenship Clause has been unstudied, unapplied and, quite often, unrecognized.

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Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily Casey Jan 2023

Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily Casey

Law Student Publications

The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …

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“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman Jan 2023

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman

Law Student Publications

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

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Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan Jan 2023

Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan

Law Student Publications

The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …

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Python Patrol: Combatting The Problem Of Evasive Non-Native Snakes In Florida, Jessica Rooke Jan 2023

Python Patrol: Combatting The Problem Of Evasive Non-Native Snakes In Florida, Jessica Rooke

Law Student Publications

The Florida hotspot of non-native invasive species has long been recognized as a fascinating, yet perplexing environmental issue since the late 1900s. After decades of patchwork efforts by the federal and state government, it has become clear that a more holistic approach must be taken to help eradicate the Burmese Pythons that have overtaken Southern Florida. This article highlights the prior efforts taken federally and state-wide to combat this issue and assesses the current gaps in these efforts and what must be done to achieve a more holistic approach. Other states are used as points of comparison in regard to …

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A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist Jan 2023

A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist

Law Student Publications

Domestic violence (“DV”) disproportionately affects Black and Brown women. This article examines the tense history of law enforcement engagement with minority groups, which has caused a strain on that relationship, leaving minority groups more likely to choose to stay in their DV situations than seek out law enforcement help. The divide still impacts these groups today. Additionally, the article highlights several organizations that have formed to address the needs of minority individuals. Other organizations have been around, but their ties to law enforcement create an added barrier for Black and Brown women seeking protection. The article concludes by briefly examining …

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The Legislative Graveyard: A Review Of Virginia's 2022 Regular General Assembly Session, Kaylin Cecchini, Haley Edmonds Jan 2023

The Legislative Graveyard: A Review Of Virginia's 2022 Regular General Assembly Session, Kaylin Cecchini, Haley Edmonds

Law Student Publications

In 2019, Democrats won a majority in the House of Delegates and the Senate, and the Commonwealth was led by a Democratic Governor. The Democrats’ majority trifecta, which they had obtained for the first time since 1992, was once again lost on November 2, 2021, when Virginians voted to renew the Republican leadership in the Office of the Governor and in the House of Delegates. Under this once again bifurcated, yet unusually polarized, assembly, legislators on either side of the political aisle faced an uphill battle getting legislation passed, with the majority of bills ending in a stalemate. As a …

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Individual Funding: A Policy Solution To Family Abuse In Rural Areas Impacted By The Covid-19 Pandemic, Jessica King Jan 2023

Individual Funding: A Policy Solution To Family Abuse In Rural Areas Impacted By The Covid-19 Pandemic, Jessica King

Law Student Publications

Intimate partner violence is an issue in the United States experienced by more than one in three women. This article addresses the topic of intimate partner violence and the factors contributing to the perpetuation of abuse. It focuses on how these factors manifest in rural areas and in the context of the COVID-19 pandemic, which increased isolation and economic abuse. This article explores policies currently used to combat intimate partner violence in these contexts. The current acts, including the Victims of Crime Act (VOCA), the Family Violence Prevention and Services Act (FVPSA), and the Violence Against Women Act (VAWA), expressly …

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Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett Jan 2023

Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett

Law Student Publications

Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …

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A Beginner's Guide To Cryptocurrencies: Explaining The Technologies Behind Cryptocurrencies, How The United States Taxes And Regulates Them, And Offering Changes To The Existing Taxation And Regulation Schemes, J. Merritt Francis Jan 2023

A Beginner's Guide To Cryptocurrencies: Explaining The Technologies Behind Cryptocurrencies, How The United States Taxes And Regulates Them, And Offering Changes To The Existing Taxation And Regulation Schemes, J. Merritt Francis

Law Student Publications

The United States federal government has attempted to use its existing regulatory and taxation schemes to regulate and tax cryptocurrencies, while many individuals are still unsure as to what cryptocurrency really is. The Securities and Exchange Commission and the Commodities Future Trading Commission have both asserted their jurisdiction over cryptocurrency, resulting in unclear guidance for developers in the cryptocurrency space and a failure to adequately protect investors. Further, the Internal Revenue Service taxes cryptocurrency like a security rather than a currency, which disincentivizes adopting cryptocurrency as a form of payment. Nevertheless, although cryptocurrencies are taxed like securities, there are tax …

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Python Patrol: Combatting The Problem Of Invasive Non-Native Snakes In Florida, Jessica Rooke Jan 2023

Python Patrol: Combatting The Problem Of Invasive Non-Native Snakes In Florida, Jessica Rooke

Law Student Publications

The Florida hotspot of non-native invasive species has long been recognized as a fascinating, yet perplexing environmental issue since the late 1900s. After decades of patchwork efforts by the federal and state government, it has become clear that a more holistic approach must be taken to help eradicate the Burmese Pythons that have overtaken Southern Florida. This article highlights the prior efforts taken federally and state-wide to combat this issue and assesses the current gaps in these efforts and what must be done to achieve a more holistic approach. Other states are used as points of comparison in regard to …

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Leading By Example: Canada's Approach To Seizing Frozen Assets And Holding Corrupt Leaders To Account, Robert J. Currie, Fen Osler Hampson, Allan Rock Jan 2023

Leading By Example: Canada's Approach To Seizing Frozen Assets And Holding Corrupt Leaders To Account, Robert J. Currie, Fen Osler Hampson, Allan Rock

Research Papers, Working Papers, Conference Papers

This paper examines the precedent-setting nature of Canada’s new legislation on foreign-owned asset forfeiture and some of the legal issues raised following the adoption of this new legislation. It also discusses some of the policy and legislative initiatives underway in other countries following upon Canada’s ground-breaking legislation and how the current global context is shaping these initiatives, specifically Russia’s invasion of Ukraine. As the paper argues, it is still an open question whether Canada’s independent initiative will set a new framework and precedent for asset forfeiture that will change customary international law on this matter or whether formidable political and …

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Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier Jan 2023

Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier

Catholic University Journal of Law and Technology

More than 4.4 billion people use social media. A few platforms attract a significant number of those users—for example, 2.9 billion people use Facebook, 2.3 billion use YouTube, and 1.2 billion use WeChat. How these major platforms govern themselves with respect to content moderation has an impact on billions of users and may lead to policy changes across other platforms that affect billions more. That is why it is so important to analyze Meta’s Oversight Board—an independent body created for the purpose of “promot[ing] free expression by making principled, independent decisions regarding content on Facebook and Instagram by issuing recommendations …

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New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya Jan 2023

New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya

Catholic University Journal of Law and Technology

A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …

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Book Review, Kirsten Campbell, The Justice Of Humans: Subject, Society And Sexual Violence In International Criminal Justice (2022), Shannon Fyfe Jan 2023

Book Review, Kirsten Campbell, The Justice Of Humans: Subject, Society And Sexual Violence In International Criminal Justice (2022), Shannon Fyfe

Scholarly Articles

In The Justice of Humans: Subject, Society and Sexual Violence in International Criminal Justice, Kirsten Campbell sets out to analyze approaches to international justice for victims of mass violence through a feminist lens. Using a remarkable breadth of disciplines, Campbell develops a “feminist social theory of the existing legal and feminist forms of international justice and a socio-legal methodology for empirically investigating them” (p. 4). She draws on her own extensive experience with the conflict in the former Yugoslavia to consider two responses to conflict-related sexual violence there: the International Criminal Tribunal for the former Yugoslavia (ICTY) and the …

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Sharia And Legal Regulations Of Musharaka Financing, Amina Samiaa Jan 2023

Sharia And Legal Regulations Of Musharaka Financing, Amina Samiaa

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the Sharia and legal controls governing Musharaka financing as a core participatory finance instrument based on profit-and-loss sharing. It clarifies the concept of Musharaka, its legal basis, and its main advantages, then discusses key contractual conditions, profit distribution mechanisms, loss allocation rules, and the principal forms of Musharaka (permanent and diminishing). It also highlights the Moroccan regulatory framework—particularly Law No. 103-12 and Bank Al‑Maghrib guidance—and the practical challenges faced by banks in implementation.

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The Role Of Trademark Functions And Their Classification In Ensuring Consumer Rights, Mohamed Mahboubi Jan 2023

The Role Of Trademark Functions And Their Classification In Ensuring Consumer Rights, Mohamed Mahboubi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the core functions of trademarks as instruments of distinction, marketing, and trust-building, and highlights their role in protecting consumers against deception, fraud, and market confusion—especially in a context of expanding trade and rising counterfeiting. It argues that legal recognition of trademark functions—source indication, quality signaling, and communicative/advertising roles—enhances market transparency and supports fair competition. The study also discusses how trademark classifications (individual, collective, certification, and well-known marks) strengthen consumer protection mechanisms, while reviewing the Moroccan legal framework and relevant international standards.

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The Perils Of A Comparator: A Modern Pleading Standard For Title Vii Disparate Treatment Claims, Muhammad Burney Jan 2023

The Perils Of A Comparator: A Modern Pleading Standard For Title Vii Disparate Treatment Claims, Muhammad Burney

NYLS Law Review

No abstract provided.

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Table Of Contents Jan 2023

Table Of Contents

South Carolina Law Review

No abstract provided.

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Issues Concerning Section 2056(D) Of The Tax Code, M. Chalmers Middleton Jan 2023

Issues Concerning Section 2056(D) Of The Tax Code, M. Chalmers Middleton

South Carolina Law Review

No abstract provided.

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The Single Religion Clause: Non-Established, Free, And Independent Exercise, Gregory Velloze Jan 2023

The Single Religion Clause: Non-Established, Free, And Independent Exercise, Gregory Velloze

South Carolina Law Review

No abstract provided.

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Financing Products Of Participatory Banks — The Ijara And Acquisition Product As A Model, Amina Samiaa Jan 2023

Financing Products Of Participatory Banks — The Ijara And Acquisition Product As A Model, Amina Samiaa

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines Islamic participatory banking products, with particular emphasis on lease-to-own financing (Ijārah Muntahia Bittamlīk / Ijārah wa Iqtināʾ) as one of the most significant financing instruments used by participatory banks under Law No. 103.12 governing credit institutions in Morocco. The study highlights the importance of this product as a Shariah-compliant alternative to interest-based loans, combining financing functions with the gradual acquisition of ownership of the financed asset. The article first presents the conceptual framework of Ijārah, then analyses the specific characteristics of lease-to-own financing, which is based on two legally distinct contracts: a lease contract governing the period …

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Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson Jan 2023

Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson

Faculty Articles

International student-athletes are being sidelined from deals that would allow them to reap financial benefits from licensing their name, image, and likeness (“NIL”). The calls to sideline these students are not coming from the NCAA or even the federal agencies in charge of immigration. The calls are coming from overly cautious universities, attorneys, and academics who incorrectly see NIL licensing as work or employment that is incompatible with the visa obligations of international student-athletes. This Article argues that international athletes can license their NIL without violating their visa terms.

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Lost In Translation: The Best Evidence Rule And Foreign-Language Recordings In Federal Court, Liesa L. Richter Jan 2023

Lost In Translation: The Best Evidence Rule And Foreign-Language Recordings In Federal Court, Liesa L. Richter

Faculty Articles

The federal court system and the Federal Rules of Evidence are designed around the English language. As the United States becomes increasingly diverse and multicultural, however, a growing number of Americans speak a primary language other than English. The federal courts and the Federal Rules of Evidence must accommodate parties, witnesses, and evidence presented in a foreign language, notwithstanding their English-only orientation. Federal Rule of Evidence 1002, known more colloquially as the Best Evidence Rule, assumes that evidence will come in only one, English flavor, however. The Best Evidence Rule is powerful and straightforward, ensuring that jurors have access to …

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Ad Coelum And The Design Of Property Rights, Joseph Schremmer Jan 2023

Ad Coelum And The Design Of Property Rights, Joseph Schremmer

Faculty Articles

This Article seizes on a specific doctrinal discussion in Eric Claeys's Natural Property Rights to argue for the importance of understanding property doctrines in the context of a system of interconnecting rules and standards and not in isolation. The ad coelum doctrine provides that land ownership entails ownership of the suprajacent airspace as well as the underlying subsurface. As Claeys's discussion highlights, scholars disagree about the significance of ad coelum both conceptually, as to what function the rule serves in defining and allocating property, and normatively. It is only by viewing ad coelum in the context of how it interacts …

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Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer Jan 2023

Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer

Faculty Articles

There is a growing literature examining when subsurface invasions from activities like tunneling, horizontal drilling, hydraulic fracturing, and waste disposal will constitute actionable subsurface trespasses. Liability for subsurface trespass has become an important question for many reasons, including that a significant climate-change technology, carbon dioxide sequestration, hinges on the ability to inject massive quantities of carbon dioxide underneath the land of many owners. To date, the subsurface trespass scholarship has paid relatively little attention to two topics downstream of liability:private remedies for trespassing subsurface activities. This Article provides a high level account of the role of, and relationship between, private …

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Fractional Sovereignty, Roger Michalski Jan 2023

Fractional Sovereignty, Roger Michalski

Faculty Articles

The axiomatic beginning of every conflict of laws case is that a court must choose the law of one sovereign and disregard the law of all other sovereigns. One wins, gets to set the rules and regulate behavior, all others lose. This all-or-nothing scenario is the result of enshrining an old view of indivisible sovereignty into conflict of laws rules. The Article begins by explaining how this happened. Despite the importance of this assumption of indivisibility, no articles have examined why and how it became enshrined in conflict of laws doctrine. All too often it is treated as a truism …

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Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez Jan 2023

Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez

Faculty Articles

A few years ago, we developed the concept of “role-reversibility” in AI governance: the idea that it matters whether a party exercising judgment is reciprocally vulnerable to the effects of judgment. This idea, we argued, supplies a deontic reason to maintain certain spheres of human judgment even if (or when) truly intelligent machines become demonstrably superior in every utilitarian sense. While computer science remains far from that holy grail, generative AI is raging through systems as diverse as healthcare, finance, advertising, law, and academe, making it imperative to further shore up our claim. We do so by situating role-reversibility within …

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