Law Commons^™

Prescribing Exploitation, Charlotte A. Tschider

Maryland Law Review

No abstract provided.

Kennedy V. Bremerton School District: Throwing A Red Flag For The Public-Employee Speech Arena To Challenge The Court’S Hail Mary, Isabella Henry

Maryland Law Review

No abstract provided.

Considering Vulnerability Of Abuse As A Facet Of Identity: A Call For Reform In Child Custody Proceedings, Samantha Fitzgerald

Maryland Law Review

No abstract provided.

Fourth Amendment Notice In The Cloud, Neil M. Richards, Jesse Lieberfeld

Scholarship@WashULaw

The widespread storage of documents through the range of Internet technologies known as “the cloud” offers tremendous convenience but also creates significant risks of exposure to third parties. In particular, law enforcement investigators seeking access to potentially relevant evidence have aggressively and extensively used the Electronic Communications Act of 1986 (“ECPA”) to execute digital searches. But a relatively obscure provision of ECPA, § 2703, allows law enforcement to search a person’s Fourth Amendment “papers” without them ever learning that a warrant has allowed the exposure of their private, sensitive, and possibly incriminating documents. What is more, federal and state law …

R & M Durrant Family, Llc, Appellee, Vs. Roger Rigby Durrant, Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment and underlying rulings entered by the Third Judicial District Court of Utah, in and for Tooele County, the Honorable Teresa Welch, Presiding

R & M Durrant Family, Llc, Appellee, Vs. Roger Rigby Durrant, Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment and underlying rulings entered by the Third Judicial District Court of Utah, in and for Tooele County, the Honorable Teresa Welch, Presiding

Removal Rehashed Legal History: Response, Andrea Scoseria Katz, Noah A. Rosenblum

Scholarship@WashULaw

We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal. In this new piece, Professors Aditya Bamzai and Saikrishna Bangalore Prakash aim to persuade readers that the President’s power to remove executive officers is exclusive and nondefeasible; textually mandated; and a matter of common assent at the time of the Founding.

There are high hurdles to proving this argument, and this piece fails to scale them. There is little evidence for any of these separate contentions, whether we look to the Constitution’s text or the history …

Vacatur, Nationwide Injunctions, And The Evolving Apa, Ronald M. Levin

Scholarship@WashULaw

The courts’ growing use of universal or nationwide injunctions to invalidate agency rules that they find to be unlawful has given rise to concern that such injunctions circumvent dialogue among the circuits, promote forum-shopping, and leave too much power in the hands of individual judges. Some scholars, joined by the Department of Justice, have argued that such judicial decisions should be limited through restrictive interpretations of the Administrative Procedure Act (APA).

This article takes issue with these authorities. It argues that the courts’ use of the APA to vacate a rule as a whole—as opposed to merely enjoining application of …

A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?, Frank D. Lomonte, Conner Mitchell

Campbell Law Review

The COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To understand the scope of these prohibitions on speech, researchers using freedom-of-information law obtained employment manuals, policies, and guidelines from a wide cross-section of public universities. This Article analyzes the language used in a sample of these materials and concludes that while these speech policies often - and …

After All This Time: An Analysis Of The Recent Trend To Extend Truth-In-Lending-Style Disclosures To Commercial-Financing Transactions, Kelly W. Cline

Campbell Law Review

The Truth in Lending Act of 1968 (TILA) was designed to protect consumers by implementing uniform disclosures for consumer financing transactions and by creating substantive consumer protections. While TILA has been amended over the past fifty years to reflect modern needs, it has always remained a consumer financing law. Over the past few years, however, states have challenged that notion by passing laws which require TILA-inspired disclosures for certain commercial-financing trans-actions. And at the federal level, a bill was introduced in the United States House of Representatives (House Bill) that would expand TILA to commercial-financing transactions falling below a certain …

Cold Cases And Serial Offenders: A Case Study Examining Practical And Legal Issues That Can Make Or Break Prosecutions, Michael C. Kovac

Campbell Law Review

As technological advancements increase the probative value of DNA evidence (by revealing matches between suspects and evidence that could not be made with the use of older technology), cold case prosecutions will likely increase. At the same time, while DNA evidence can often lead to the identification of a guilty suspect, the prosecution of that suspect may be challenging, if not impossible. Some of these crimes were committed before DNA was used—or even considered—as an investigative tool. Oftentimes, rules governing the admissibility of evidence in such cases were drafted by individuals who likely (and quite reasonably) never contemplated the possibility …

Divine Intervention Or Unfair Influence? A Closer Look At Bibles In The Jury Room, Sarah E. Summa

Campbell Law Review

The Fourth Circuit allows jurors to bring Bibles into the jury room and reference them during deliberations. A seemingly innocent action actually denies the accused his right to a fair and impartial jury. When jurors put too much weight on the Bible’s passages about judgment, jurors risk overlooking the evidence and instead making decisions based on isolated verses. By generally allowing a Bible in the deliberation room, the Fourth Circuit opens the door to other religious texts coming into deliberations. Further, the Fourth Circuit blurs the line demarcating external and internal influences, risking the introduction of other external influences that …

Are Parents More Than Money? Proposing Reform Of North Carolina's Wage Imputation Doctrine In Child Support Cases, Scott Daubenspeck

Campbell Law Review

North Carolina's child support regime exists as a composite of three sources of law: statutes, case law, and the North Carolina Child Support Guidelines. These sources have not evolved in tandem to produce a coherent synthesis of policy rationales. One aspect of the law that implicates conflicting policy goals is the use of a parent's potential income instead of their actual income at the time oftrial (a practice often referred to as "wage imputation'). The Guidelines are a synthesis ofstatutes and case law predicated on the "income shares" model, the ostensible goal of which is to provide children with the …

Defi: Shadow Banking 2.0?, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

The growth of so-called “shadow banking” was a significant contributor to the financial crisis of 2008, which had huge social costs that we still grapple with today. Our financial regulatory system still hasn’t fully figured out how to address the risks of the derivatives, securitizations, and money market mutual funds that comprised Shadow Banking 1.0, but we’re already facing the prospect o fShadow Banking 2.0in the form of decentralized finance, or “DeFi.” DeFi’s proponents speak of a future where sending money is as easy as sending a photograph–but money is not the same as a photograph. The stakes are much …

Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose

Emory International Law Review Recent Developments

No abstract provided.

A Scientific Method For International Taxation?, Luiza Leite De Queiroz

Emory International Law Review Recent Developments

Fractioning and fairly distributing parts of a whole is never quite straightforward. Whether we speak of justly portioning and dividing scrambled eggs between siblings or jurisdictional claims over the ocean space between nations, reckoning with the dilemmas of sharing is an integral part of the human experience. Acknowledging that, this essay contends that contemporary discussions on fairness in international taxation ought to be situated within this broader context. It is centrally argued that justly allocating taxing entitlements over cross-border wealth is a task contingent on the same subjective predicaments seen in the division process of any given valuable whole. The …

The Kurds, Turkey, And Strasbourg: Failure To Find And Remedy Discrimination Amid A Century-Old Mountain Of Evidence, Samuel I. Horowitz

Emory International Law Review Recent Developments

No abstract provided.

The Wto As A Forum For Regulatory Cooperation: Transparency And Open Plurilateral Agreements, Padideh Ala'i

Contributions to Books

No abstract provided.

Environmental Destruction And Human Rights Abuses In The Democratic Republic Of The Congo: Examining The Epicenter Of The Cobalt Mining Industry From An International Criminal Law Perspective, Joe Udell

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Urgenda, Milieudefensie, And The Impact Of Climate Change Litigation On Global Trade Policy, Maria Saracino-Lowe

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Cultivating Sense: Cultural Change In The Prosecutor's Office, Shih-Chun Steven Chien

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

Prosecutors exercise broad discretion. They are widely viewed as the gatekeepers of the criminal justice system. To date, studies on prosecutors in different jurisdictions have largely focused on how to conceptualize, manage, and eventually control the exercise of prosecutorial discretion. Scholars have recently turned their attention to the importance of internal organizational management and leadership’s role in changing office culture as a means to regulate prosecutorial discretion. But we have limited empirical evidence as to how changes occur within a prosecutor’s office and what precise role organizational leaders play during this process. This Article constructs a new paradigm for the …

Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Marguiles

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Estados Unidos Mexicanos V. Smith & Wesson Brands, Inc. Et Al.: How American Exceptionalism Emanates Beyond Its Borders, Maleah Riley-Brown

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Trade-Based Regulation Of Space Resources, Jamie G. Mcwilliam

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Economic Sanctions In Afghanistan: Does It Still Make Sense?, Zachary Taylor

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Symposium Introduction - Black And Blue: The Intractable Presence Of Race In American Policing, Ayesha Bell Hardaway

Case Western Reserve Law Review

No abstract provided.

Interest Convergence In Immigration Law And Theory, Richard Delgado, Allen Slater

Case Western Reserve Law Review

No abstract provided.

We Need An Intervention: Restoring Integrity To Referendum Zoning In Ohio, Matt Borcas

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 73 Issue 4 (2023)

Case Western Reserve Law Review

No abstract provided.

Video Game Currency: Taming The Wild West Of Video Game Economies, Josh Khorsandi

Journal of Law, Technology, & the Internet

Do you know the value of digital currency? No, not bitcoin, but rather value generated in online gaming. While on the surface, online video gaming may seem like just another form of entertainment, the value these games are creating is intersecting with the real-world marketplace. The exchange of virtual wealth to real-life wealth is a tumultuous problem that has remained unaddressed by law since the inception of video games. This legal ignorance has left the market for videogame currency in a state reminiscent of the wild west; the wealth is guarded only by those who can protect themselves. Those who …