Reconstructing The Past And Our Reconstruction Present: The Long Struggle To Teach Divisive Concepts - Panel 3,
2023
University of Tennessee College of Law
Reconstructing The Past And Our Reconstruction Present: The Long Struggle To Teach Divisive Concepts - Panel 3, Robert D. Bland
Tennessee Law Review
"In our present moment, as we see just as many signs of a Third 'Redemption,' as we see of a Third Reconstruction, it is important to remember the previous struggles over history and memory ..."
Histories For Our Present And Future Struggles - Panel 3,
2023
University of Tennessee College of Law
Histories For Our Present And Future Struggles - Panel 3, Jessica Wilkerson
Tennessee Law Review
"Working out how to build democratic movements and institutions in the South and beyond requires understanding the impact of oppressive systems on people, from those people ..."
Hughes V. Northwestern University,
2023
University of Tennessee College of Law
Hughes V. Northwestern University, Nicole S. Roth
Tennessee Law Review
No abstract provided.
Ncaa V. Alston (Case Notes),
2023
University of Tennessee College of Law
Ncaa V. Alston (Case Notes), Carson Blakely
Tennessee Law Review
In August 2013, I was a thirteen-year-old immersed in the world of NCAA Football 14, a popular video game by Electronic Arts (EA). Through my digital replicas and the actual Tennessee Volunteer football players, my friends and I led the Vols to three consecutive BCS National Championships. My fictional character, a top running back, won three Heisman Trophies, which remains my greatest athletic accomplishment to date. Then, EA announced the discontinuation of the NCAA Football franchise, leaving millions of digital coaches, including myself, perplexed.1 Little did I know that the issue at hand was the complex legal realm of Name, …
Van Turner's Comments - Panel 3,
2023
University of Tennessee College of Law
Van Turner's Comments - Panel 3, Van D. Turner Jr.
Tennessee Law Review
No abstract provided.
Social Media On Trial: How The Supreme Court Could Permanently Alter The Future Of The Internet By Limiting Section 230'S Broad Immunity Shield,
2023
University of Tennessee College of Law
Social Media On Trial: How The Supreme Court Could Permanently Alter The Future Of The Internet By Limiting Section 230'S Broad Immunity Shield, J. Tyler Wampler
Tennessee Law Review
Section 230 of the Communications Decency Act has allowed the internet to develop and flourish at an unprecedent pace. The law has been interpreted broadly to grant immunity to interactive computer services like social media platforms from liability for content posted by users. Wielding this immunity, internet platforms are empowered to act innovatively without fear of frivolous lawsuits. However, there are ongoing concerns that this broad interpretation shields modern tech companies from liability for actions that were never intended to be protected.
Two companion cases interpreting Section 230 are currently before the U.S. Supreme Court, where the Court is being …
Google Llc V. Oracle America, Inc.,
2023
University of Tennessee College of Law
Google Llc V. Oracle America, Inc., Elizabeth Spica
Tennessee Law Review
No abstract provided.
Ncaa V. Alston,
2023
University of Tennessee College of Law
The World The Fire Wrought: A Tribute To Fran Ansley - Part 1,
2023
University of Tennessee College of Law
The World The Fire Wrought: A Tribute To Fran Ansley - Part 1, Jennifer Gordon
Tennessee Law Review
No abstract provided.
Remembering The Bottom: The Street And Feets Exhibit - Panel 3,
2023
University of Tennessee College of Law
Remembering The Bottom: The Street And Feets Exhibit - Panel 3, Enkeshi El-Amin
Tennessee Law Review
'Almost seventy years after a neighborhood is destroyed, how is it remembered? ... What I learned in trying to answer this question is that with public memory being a site of contestation, it depends on who you ask ..."
Airdropping Justice: The Constitutionality Of Service Of Process Via Non-Fungible Token,
2023
The Catholic University of America, Columbus School of Law
Airdropping Justice: The Constitutionality Of Service Of Process Via Non-Fungible Token, Jenifer Jackson
Catholic University Journal of Law and Technology
No abstract provided.
Thoughts On Law Clerk Diversity And Influence,
2023
Washington and Lee University School of Law
Thoughts On Law Clerk Diversity And Influence, Todd C. Peppers
Scholarly Articles
It is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals by Judge Jeremy D. Fogel, Professor Mary S. Hoopes, and Justice Goodwin Liu. Drawing on a rich vein of data gathered pursuant to a carefully crafted research design and extensive interviews, the authors provide the most detailed account to date regarding the selection criteria used by federal appeals court judges to select their law clerks. The authors pay special attention to the role that diversity plays in picking …
The False Promise Of Jurisdiction Stripping,
2023
Washington University in St. Louis
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
Scholarly Articles
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: By depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To its critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction-stripping measures as a way for Congress to reclaim policymaking authority from the courts.
The conventional understanding is wrong. Whatever …
American University Law Review Keynote Address,
2023
American University Washington College of Law
American University Law Review Keynote Address, Erwin Chemerinsky
American University Law Review
My talk this morning focuses on the agenda of the current Roberts Court. I think that every Supreme Court can be said to have an agenda. Sometimes it seems conscious and deliberate, apparent from the outset. Sometimes it seems to evolve and only becomes obvious later.
Who Thinks Treaties Are Like Contracts? Not John Marshall,
2023
American University Washington College of Law
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
American University International Law Review
Courts in the United States are fond of analogizing treaties to contracts. The U.S. Supreme Court has done so on numerous occasions, as have nearly all federal circuit courts. Indeed, the treaty-as-contract trope has permeated U.S. legal discourse since at least the early 1800s when Chief Justice John Marshall wrote in Foster v. Neilson that “[a] treaty is in its nature a contract between two nations, not a legislative act.”
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture,
2023
American University Washington College of Law
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
American University Law Review
I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”
Just getting to say Judge Hilary Charlesworth alone is very meaningful. She is only the fifth woman judge out of 110 total judges on the International Court of Justice (ICJ) so far. Thanks to hard work by feminist international lawyers like her, there is finally an uptick in women’s …
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers,
2023
Seattle University School of Law
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar
Seattle University Law Review
The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …
Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law,
2023
Seattle University School of Law
Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters
Seattle University Law Review
In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …
Interagency Litigation Outside Article Iii,
2023
University of Connecticut
Interagency Litigation Outside Article Iii, Adam Crews
Connecticut Law Review
For over seventy years, the Supreme Court has said that a justiciable controversy can exist when one agency in the federal executive branch sues another. Although this raises intuitive concerns under both Article II (relating to presidential control) and Article III (relating to standing), scholars and judges have paid scant attention to the constitutional foundation for interagency litigation. Of those who have explored the topic, defenders and opponents alike agree on one thing: the foundation—or lack of one—depends on Article III’s case-or-controversy requirement.
That is mistaken. A better approach to understand interagency litigation is to step outside Article III and …
Women, International Human Rights Law, And The Right To Adequate Housing In Africa,
2023
Emory University School of Law
Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku
Emory International Law Review
In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that discriminate against women and frustrate their ability to realize the right to adequate housing. To enhance the ability of women to realize their right to adequate housing, each African State must domesticate the various international and regional human rights instruments that guarantee this right in order to …
