352,685 results
Showing 161–180 · 2.13 seconds · RSS
-
Journal Article Full text
Elections, Courts, and Democratic Crisis: Constitutional Structure and the 2020 Election
This Article analyzes how the U.S. constitutional order responds to democratic crisis by examining Supreme Court cases dealing with the effort to overturn the 2020 election, and the response to the January 6th Capitol attack. It analyzes the Court’s approaches to constitutional structure in key…
-
Journal Article Full text
Vaccines for Pandemics: Lessons from COVID-19 for H5N1 and Beyond
The COVID-19 pandemic brought unprecedented challenges to vaccine development and distribution. Never before has a vaccine been developed so quickly and distributed so rapidly. But compared to past pandemics and public health crises—like polio or even the more recent H1N1 pandemic—the United States…
-
Journal Article Full text
Majority Rule and Bankruptcy Resolution of Mass-Harm Events
Mass-harm events invariably precipitate mass tort liabilities. Since the enactment of the Bankruptcy Code in 1978, firms have resorted to Chapter 11 to address mass tort claims in cases involving asbestos-related disease, defective products, the opioid crisis, and historic sexual abuse. Of late…
-
Journal Article Full text
Killer Heat: The Disaster FEMA Refuses to Own
Extreme heat, also known as a “heatwave,” is by far the leading weather-related cause of death in the United States.1 In 2023, extreme heat took 2,300 lives—more than all the deaths attributed to hurricanes, earthquakes, tornadoes, droughts, wildfires, winter storms, and floods combined. Harms from…
-
Journal Article Full text
Beyond Elrod: Extending the Presumption of Irreparable Harm to the Second Amendment
In response to gun violence, many states have attempted to implement gun control laws. Some of these gun control laws have been challenged under the Second Amendment, with parties seeking preliminary injunctions to halt these laws’ enforcement until a final judicial decision has been reached. In…
-
Journal Article Full text
Reckoning with Retaliation: Objective Reasonableness in SOX Whistleblower Cases
Congress passed the Sarbanes-Oxley Act of 2002 to prevent systemic fraud. To this end, Congress included unparalleled anti-retaliation protections for whistleblowers in 28 U.S.C. § 1514A, aimed expressly at ending the “corporate code of silence” which enabled large-scale fraud to go undetected. To…
-
Journal Article Full text
When the Rules Burn: A New Approach to Governmental Discretion in Firefighting Operations
The Federal Tort Claims Act (FTCA) broadly waives the federal government’s sovereign immunity, but the discretionary function exception (DFE) preserves immunity for acts grounded in judgment or choice. A doctrinal tension arises from the Supreme Court’s instruction in Berkovitz v. United States…
-
Journal Article Full text
Hands Off Mahmoud Khalil: Why the State Department Can't Lawfully Revoke Green Cards, Enforce Immigration Law, or End Status
In recent months, the Trump Administration has revived a controversial legal strategy aimed at stretching immigration law to enable aggressive enforcement. Among these efforts is a troubling misconception, exemplified by the case of Mahmoud Khalil, that the U.S. Department of State holds authority…
-
Journal Article Full text
False Claims, Real Threats: Cybersecurity Noncompliance and the False Claims Act’s Materiality Standard
This Comment examines the challenges of applying the False Claims Act’s (FCA) materiality standard to cybersecurity noncompliance by federal contractors. Although the Department of Justice’s Civil Cyber-Fraud Initiative seeks to hold government contractors accountable for misrepresenting their…
-
Journal Article Full text
A Third Possibility: The Press Clause at the Founding
With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to…
-
Journal Article Full text
Leveling the Playing Field: the Atlantic Coast Conference’s Settlement with Florida State University and Clemson University
This Article examines the legal disputes and subsequent settlement between the Atlantic Coast Conference and two of its prominent member institutions, Florida State University and Clemson University. The conflicts centered on the Atlantic Coast Conference’s extension of its media rights agreement…
-
Journal Article Full text
From Player Piano to Generative AI: Artificial Expression and the Law of Copyright
American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread…
-
Journal Article Full text
When Disaster Strikes: Assessing the Takings Clause in the Context of Government-Caused Property Destruction
In rare but dire emergencies, the government must destroy the property of innocent homeowners to prevent further harm to a community. Although the law often forgives such destruction to protect the public good, courts have inadequately resolved how to compensate innocent property owners for their…
-
Journal Article Full text
Compassion or Crisis?: Distinguishing Intent Under § 1324 in Sanctuary and Trafficking Cases
Section 1324 of Title 8 of the U.S. Code prohibits “harboring” undocumented immigrants. But for decades, courts have disagreed over what counts as harboring and what mens rea is required to prove it. These questions have only grown more urgent as immigration has been repeatedly framed as a national…
-
Journal Article Full text
FLUID AGENCY IN AI SYSTEMS: A CASE FOR FUNCTIONAL EQUIVALENCE IN COPYRIGHT, PATENT, AND TORT
Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid…
-
Journal Article Full text
FISCAL SPONSORSHIP IN TRULY INDEPENDENT FILM: ENTITY AND MODEL CHOICE AND LEGAL RISKS
This article examines fiscal sponsorship as a legal and financing structure for “truly independent” films—low-budget, non-commercial projects created by filmmakers without access to studio financing, tax incentives, or traditional investors. Neither standalone nonprofit incorporation nor purely…
-
Journal Article Full text
DEATH OF SUBSTANTIALITY: WHY THE LEGAL SYSTEM SHOULD RETHINK THE APPLICATION AND WEIGHT OF THIS FAIR-USE FACTOR IN THE CONTEXT OF SOCIAL MEDIA
The fair use test for exemption for liability from copyright infringement was codified in the 1970s and has not been updated since—despite major technological changes in the interim. While three of the test’s four prongs are still useful when applied to short-form media that now dominates worldwide…
-
Journal Article Full text
Ten Commandments Cases: Learning from Reformation Coercion
The Supreme Court’s recent embrace of “historical practices and understandings” in interpreting the Establishment Clause has emboldened states to challenge forty-five years of precedent prohibiting Ten Commandments displays in public schools. Yet, these states advance a version of history that…
Showing at most 50 pages. Narrow your search with filters for more specific results.