Legal Writing and Research Commons^™

One's Health Versus One's Right To Vote: How The Covid-19 Pandemic Changed The Legal Landscape Of Absentee/Mail-In Voting In The United States From The 2020-2024 Election Cycles, Tracey B. Carter

Law Faculty Scholarship

This Article examines how the COVID-19 pandemic reshaped the legal framework governing absentee and mail-in voting in the United States from 2020 through the 2024 election cycles. Through a comprehensive review of state statutes, election data, and litigation across multiple jurisdictions, the Article analyzes pre-pandemic absentee voting regimes, emergency modifications implemented during the 2020 election cycle, and post-pandemic developments in 2022 and 2024. It compares states that required an excuse for absentee voting with those adopting no-excuse or all-mail systems and evaluates the surge in mail-in ballot usage during the pandemic. The Article further surveys significant state-level lawsuits challenging absentee/mail-in …

Sweeping General Jurisdiction Under The Specific Jurisdiction Rug: A Doctrinal Map Of The Contraction And Expansion Of Personal Jurisdiction As Told By Ford, Amy L. Moore

Law Faculty Scholarship

This Article provides a doctrinal mapping of the Supreme Court’s modern personal jurisdiction jurisprudence through the lens of Ford Motor Co. v. Montana Eighth Judicial District Court. Tracing the evolution of specific and general jurisdiction from International Shoe through Bristol-Myers Squibb, the Article examines how the Court’s articulation of the “arise out of or relate to” requirement has shifted over time. While Ford purported to clarify the relationship prong of specific jurisdiction, the Article argues that the decision instead destabilizes the doctrinal boundary between specific and general jurisdiction. By reinvigorating the “relate to” language without articulating clear limiting …

The Digital Person: Law Enforcement & The Purchase Of Data In A Post Carpenter Age, Jay E. Town

Belmont Law Review

It once was reasonable to expect courts to rule that there is no reasonable expectation of privacy, even in the digital era, because nearly all of the information streamed from mobile devices, applications, and browsers is voluntarily shared per the terms of the platforms', websites', and applications' agreements. But then the United States Supreme Court issued its opinion in Carpenter v. United States. Scholars and jurists alike opined, to some degree of hyperbole, on the enormity of the impact this holding would have on the Fourth Amendment going forward. Defense counsel and privacy advocates regaled the case as a …

Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn

Belmont Law Review

This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.

Libertarianism And The Common Law, Allen Mendenhall

Belmont Law Review

What are the qualities and characteristics of the common law that feature or reflect libertarianism? The common law is both a historical phenomenon and an active process or a juridical mode of settling disputes. Therefore, a precise answer to questions about the compatibility between libertarianism and the common law is difficult to articulate. This Essay describes elements of the common law - both its manifestation in history and its theoretical approaches to judging - that illuminate its libertarian attributes and tendencies. It suggests that the common law has epistemological importance as a kind of bottom-up ordering based on traceable patterns …

Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii

Belmont Law Review

After Bruen, the prevailing assumption was that the Second Amendment framework shifted radically for all gun laws. Courts throughout the country have already invalidated key gun safety statutes while applying the new test. However, such holdings fail to grapple with the full weight of Second Amendment doctrines. A proper application of the doctrine in toto will result in no significant changes to the constitutionality of the vast majority of gun laws after Bruen.

This Article explains the underdeveloped interaction between two principal Second Amendment doctrines - presumptions of legal validity and historical analyses. That interaction, framed in its simplest terms, …

Securing Patent Law, Charles Duan

Belmont Law Review

A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …

Tiktok Is Not Your Doctor: Reprioritizing Consumer Protection In Pharmaceutical Advertisement Regulation, Nora Klein

Belmont Law Review

This Note will examine DTCA in the context of DTC telemedicine companies, with a focus on the proliferation of such advertisements on social media platforms. Part I discusses the intertwining forces that have led to the prevalence of DTC telehealth advertising on social media. Part II introduces the current regulatory scheme applicable to DTCA, and explains the First Amendment protections afforded to commercial speakers. Part III explores why DTC telemedicine companies are not subject to the regulations applicable to DTCA generally, as well as the implications stemming from the current lack of oversight. Finally, Part IV proposes a solution to …

Victims Of Coercive Plea Bargaining: Defendants Who Give False Testimony For False Pleas, Lucian E. Dervan

Law Faculty Scholarship

This Article synthesizes emerging empirical, doctrinal, and interdisciplinary research demonstrating how coercive plea bargaining practices produce false guilty pleas and false testimony, thereby generating a distinct and often overlooked class of victims within the criminal justice system. Drawing on exoneration data, laboratory-based plea decision studies, and case analyses—including documented wrongful convictions—the authors show that sentencing differentials, mandatory minimum statutes, pretrial detention, attorney advice, and systemic resource constraints can overbear the will of defendants, including the innocent. Contrary to longstanding judicial assumptions that guilty pleas are inherently reliable when entered with counsel, the Article demonstrates that structural incentives embedded in modern …

Managing Threats To Beaches From Storms And Rising Seas, Travis O. Brandon

Law Faculty Scholarship

This Dialogue, published in the Environmental Law Reporter, examines the escalating threats to U.S. beaches from intensified storms and accelerating sea-level rise driven by climate change. Drawing on a January 2023 panel convened by the Environmental Law Institute, the discussion integrates scientific, legal, policy, and community-based perspectives on sustaining beach and dune ecosystems. Panelists outline projected shoreline retreat, sediment dynamics, and modeling tools used to forecast erosion and coastal flooding. They assess the ecological and socioeconomic tradeoffs associated with shoreline armoring, beach nourishment, and coastal development, highlighting how regulatory frameworks—particularly under the Coastal Zone Management Act and Clean Water …

Keynote Address, Dr. Alex Jahangir

Belmont Health Law Journal

No abstract provided.

Panel: Rural-Urban Health Responses To Covid-19, Linda Rippey-Moore, Luke Hill, Gabe Roberts, Eric Gray

Belmont Health Law Journal

No abstract provided.

Panel: Fraud And Abuse, Ellen Mcintyre, Lisa Rivera, Amy Leopard, Tony Hullender

Belmont Health Law Journal

No abstract provided.

Privacy Issues With Healthcare Technology, Professor Charlotte Tschider

Belmont Health Law Journal

No abstract provided.

Dosing Discrimination: Regulating Pdmp Risk Scores, Professor Jennifer Oliva

Belmont Health Law Journal

No abstract provided.

Innovator Liability And Prescription Medication: A Stopgap Measure Patients Deserve, Will True

Belmont Health Law Journal

This Note argues that in the absence of an updated statute and FDA regulation, states should permit plaintiffs to recover under the theory of innovator liability. Despite the theory’s arguable contravention of “traditional common law tort principles” and potentially unfair results against brand-name manufacturers, victims of defective drugs and inadequate warnings should have an avenue for recourse. Forfeiting one’s ability to recover potentially hundreds of thousands of dollars in damages in exchange for paying a cheaper price for medication is not a fair trade. Indeed, the Supreme Court in PLIVA, Inc. v. Mensing (discussed in Section II and arguably the …

An Update Is Required To Continue Using This Regulation: Why The Hipaa Privacy Rule Should Be Modified To Protect A Broader Range Of Health Data, Lauren Caverly Pratt

Belmont Health Law Journal

While there is no constitutional right to privacy of information, general public sentiment leans in favor of keeping personal health data private. More precisely, individuals would like information known only to the individual and other parties to whom he or she chooses to disclose the information. This is because public knowledge of sensitive personal data may harm the individual economically, socially, or in other intangible ways. The benefits of public knowledge of such individually identifiable health data do not outweigh these potential harms. Privacy should be the default.

To achieve this, HIPAA must be expanded to protect private health data …

Independent Freestanding Emergency Centers: The Face Of An Alternative Model To Healthcare In Rural America, Alisha Patel

Belmont Health Law Journal

This Note will attempt to provide a background of rural healthcare disparities and the issues facing these regions. This Note will also explore the history of IFECs in the United States to better understand the context of the issues and reasons as to why emergency regulations such as EMTALA do not already extend to IFECs. Part 1 of this Note will examine the origin of IFECs and their role in the healthcare landscape today. Part II will discuss EMTALA and the challenges associated with IFECs during a public health emergency. Lastly, Part III of this Note will highlight the advantages …

Ultimate Bar Passage Rates: Which Law Schools Are Overperforming And Underperforming Expectations, Jeffrey S. Kinsler

Law Faculty Scholarship

n Ultimate Bar Passage Rates: Which Law Schools Are Overperforming and Underperforming Expectations, Professor Jeffrey S. Kinsler examines whether law schools add measurable value to student bar passage outcomes beyond what would be predicted by entering credentials. Using a three-year dataset (2017–2019) for 186 ABA-approved law schools, the study employs linear regression models to assess the relationship between Median LSAT scores, Median undergraduate GPAs, and ultimate bar passage rates—defined by the ABA as passage within two years of graduation. The analysis confirms that entering credentials are predictive of ultimate bar passage outcomes but also demonstrates that some institutions significantly …

Unintended Repercussions: Copyright Termination And The Punitive Effect Of § 203(A)(3) On The Rights Of Creators, Loren E. Mulraine

Law Faculty Scholarship

This article examines the unintended consequences of the copyright termination provisions under the Copyright Act of 1976, focusing specifically on the restrictive five-year termination window set forth in 17 U.S.C. § 203(a)(3). While Congress intended termination rights to rebalance bargaining power between authors and corporate transferees—particularly in industries such as music publishing and recording—the statutory framework has, in practice, imposed procedural burdens that frequently operate to the detriment of creators. Through historical analysis of U.S. copyright law, including the bifurcated renewal structure of earlier statutes and the legislative development of modern termination rights, the article argues that § 203’s rigid …

Fundamental First Amendment Principles, David L. Hudson Jr.

Law Faculty Scholarship

In Fundamental First Amendment Principles, published in the Northern Illinois University Law Review, David L. Hudson Jr. and Jacob David Glenn distill the complexity of modern free-speech jurisprudence into ten foundational principles that structure First Amendment analysis. The Article emphasizes that the core of the First Amendment lies in protecting criticism of government and prohibiting viewpoint discrimination, while also safeguarding symbolic expression, offensive and unpopular speech, and the right not to speak. At the same time, the authors underscore that not all speech is protected, identifying historically recognized categorical exceptions such as incitement, true threats, obscenity, and defamation. The …

International White-Collar Crime And The Globalization Of Internal Investigations Ten Years Later, Lucian E. Dervan

Law Faculty Scholarship

In International White-Collar Crime and the Globalization of Internal Investigations Ten Years Later, Lucian E. Dervan revisits and reassesses the framework first articulated in his 2011 article examining the risks and structural challenges of cross-border internal corporate investigations

2StetsonBusLRev120 . The article evaluates how four core areas—selection of investigative counsel, cross-border data collection and transfer, employee interactions in varied labor law environments, and disclosure and settlement strategies—have evolved over the past decade in response to intensified global enforcement cooperation, expanding data privacy regimes, and shifting geopolitical dynamics. Dervan demonstrates that while practitioners have grown more sophisticated in navigating privilege …

The Legal Role In Building Sustainable Public Health Systems- Keynote, Mary Bufwack

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health- Speaker, Joanna Sax, E. Donald Shapiro Professor Of Law

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health, Jessica Mantel Professor And Co-Director

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health: New Payment Models And Delivery Systems, Dakasha Winston Senior Vp & Chief Government Relations Officer, Mark Ison, Beth Swenson Deweese Episodes Of Care Strategy Specialist

Belmont Health Law Journal

No abstract provided.

Why A Sustainable Public Health System Needs Community-Based Integrated Health Teams, Jessica Mantel Professor Of Law And George Butler Research Professor, Jasmine Singh J.D. Candidate

Belmont Health Law Journal

This Article builds upon previous research by describing specific examples of how community-integrated health teams (CIHTs) have supported their community's COVID-19 public health response that were shared with the authors during qualitative interviews with CIHTs. This Article proceeds in three parts, Part I describes the research study we conducted, including who we interviewed, descriptions of the types of CIHTs we included, and the topics about which we inquired. Part II describes how CIHTs can provide assistance to individual patients during a public health crisis. Part III is the system-level counterpart of Part II and describes how CIHTs can leverage their …

If You Can't Stop Them, Protect Them: The Legal Tethers For Bringing Fully Comprehensive Sexual Education Policy To Tennessee, Tess Anderson J.D. Candidate

Belmont Health Law Journal

This Note explores why Tennessee needs a comprehensive sexual education curriculum, how Tennessee can get it, and what should be included in the Curriculum. Part II of this Note provides background on sexual health in the United States. Particularly, this section includes statistics surrounding STDs and teen pregnancy, the current sexual health policy in Tennessee, and examples of different sexual education curriculums currently being used throughout the United States. Part III of this Note analyzes legal tethers that can help attain comprehensive sexual education in Tennessee including the Mature Minor Doctrine, Freedom of Religion, the Fourteenth Amendment Liberty Interest, Title …

The Hidden Enemy On The Frontline: When Medical Professionals Choose Their Profession Over Their Life, Deborah Horn J.D. Candidate

Belmont Health Law Journal

This Note will discuss the disturbing mental health crisis in the medical community and how the COVID-19 pandemic has only exacerbated this issue. Additionally, this Note will discuss why licensure questions regarding mental health contribute and lead to a stigmatization of mental health treatment and unwillingness of both medical school students and practicing physicians from seeking treatment. This Note will also discuss how similar law licensure questions have been outlawed after litigation, yet similar progress has not been shown in medical licensure. Next this Note will discuss The Dr. Lorna Breen Health Care Provider Protection Act. Finally, this Note advances …

Accidental Injury Or Occupational Disease? Where American Workers' Compensation Law Currently Stands And Where It Should Go In Preparing For Pandemics, Delaney Williams J.D. Candidate

Belmont Health Law Journal

Section I of this Note will introduce the basics of workers' compensation law, including the history of infectious diseases as compensable workplace injuries in the field of American workers' compensation law. Section II explains the fundamentals of both the occupational disease theory and accidental injury theory as a means for recovery when an infectious disease is contracted int he workplace. This section further explores how both theories, in their current state, fail to adequately protect employees in a pandemic emergency. Finally, Section III of this Note provides guidance on how state legislatures may proactively amend their workers' compensation schemes to …