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Content Posted in 2023

Abay v. Ashcroft: The Sixth Circuit’s Baseless Expansion of INA § 101 Revealed a Gap in Asylum Law, Wes Henricksen

A Conflict in the Courts: An Update on School Restroom Policies, Suzanne Eckes

Adopting an International Convention on Surrogacy—A Lesson from Intercountry Adoption, Seema Mohapatra

Age Before Fundamental Right? Resolving the Contradiction Presented by an Age Restriction on Running for Executive Offices in Montana's Constitution, Kevin Frazier

America's New Covenant with Hong Kong: The Hong Kong Human Rights and Democracy Act of 2019, Jason Buhi

Anatomy of Valuing Stock in Closely Held Corporations: Pursuing the Phantom of Objectivity into the New Millennium, Stephen J. Leacock

As Seen Through the Eye of the Camera: A Portrayal of How Cultural Changes Societal Shifts and the Fight for Gender Equality Transformed the Law of Divorce, Taylor Simpson-Wood

A State of Disarray The Knowing and Voluntary Standard for Releasing Claims under Title VII of the Civil Rights Act of 1964, Daniel P. O'Gorman

Attribution of Criminal Liability A Critical Comparison of The US Doctrine of Conspiracy and The ICTY Doctrine of Joint Criminal Enterprise from an American Perspective, Mark A. Summers

Beyond Because I Said So Reconciling Civil Retroactivity Analysis in Immigration Cases With a Protective Lenity Principle, Kate Aschenbrenner

"Blood, Sweat, Tears:" A Muslim Woman Law Professor's View on Degenerative Racism, Misogyny, and (Internal) Islamophobia from Preeclampsia and Presumed Incompetent to Pandemic Tenure, Nadia B. Ahmad

Childbearing Under Unbearable Circumstances: The Importance of Abortion Ban Exceptions for Victims of Sexual Violence and the Current Bias Against Sex Trafficking Victims, Lori N. Ross

Citizenship, Assimilation, and the Insular Cases: Reversing the Tide of Cultural Protectionism at American Samoa, Jason Buhi

Climate Cages: Connecting Migration, the Carceral State, Extinction Rebellion, and the Coronavirus through Cicero and 21 Savage, Nadia B. Ahmad

Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad and Victoria Beatty

Construing the National Labor Relations Act The NLRB and Method of Statutory Construction, Daniel P. O'Gorman

Contract Law's Predominant Purpose Test and the Law-Fact Distinction, Daniel P. O'Gorman

Contract Theory and Some Realism about Employee Covenant Not to Compete Cases, Daniel P. O'Gorman

Corporate Social Responsibility, Casino Capitalism, and the Constitution of Macau, Jason Buhi

Death Be Not Strange. The Montreal Convention’s Mislabeling of Human Remains as Cargo and Its Near Unbreakable Liability Limits, Christopher Ogolla

Deceive, Profit, Repeat: Public Deception Schemes to Conceal Product Dangers, Wes Henricksen

Diplomatic Immunity Ratione Personae Did the International Court of Justice Create a New Rule of Customary International Law in Congo v Belgium, Mark A. Summers

Disinformation and the First Amendment: Fraud on the Public, Wes Henricksen

Diversity in the Legal Profession Moving from the Rhetoric to Reality, Helia Garrido Hull

Divorce and the Collapse of the Three-Legged Stool: Setting Servicemembers up for Success in the Age of BRS and COVID-19, Kan Samuel

Don't Call Me Sweetheart: Why the ABA's New Rule Addressing Harrassment and Discrimination is So Important for Women Working in the Legal Profession Today, Kristy D'Angelo-Corker

DYING IN ISOLATION: PUBLIC HEALTH IMPLICATIONS OF TRANSPORTATION AND BURIAL OF HUMAN REMAINS DURING A PANDEMIC A FIFTY STATE SURVEY, Christopher Ogolla

Dying in Isolation: Public Health Implications of Transportation and Burial of Human Remains During a Pandemic: A Fifty State Survey, Christopher Ogolla

Earth Jurisprudence A Pathfinder, Glen-Peter Ahlers Sr.

EASY VICTIMS OF THE LAW: Protecting the Constitutional Rights of Juvenile Suspects to Prevent False Confessions, Tayler Klinkbeil

Echoes of the Impact of Webb v. McGowin on the Doctrine of Consideration under Contract Law: Some Reflections on the Decision on the Approach of Its 75th Anniversary, Stephen J. Leacock

Echoes of the Zong Confronting Legal Realism in the Arguments for Reparations from the Atlantic Slave Trade and ModernDay Human Trafficking, Glenys Spence

Electroconvulsive Therapy Baby Boomers May Be in for the Shock of Their Lives, Helia Garrido Hull

Emotional Distress Recovery for Mishandling of Human Remains: A Fifty State Survey, Christopher Ogolla

Energy for Metropolis, Nadia B. Ahmad

Environmental Law as Segregation, Nadia B. Ahmad and Melissa Bryan

Eroding Immigration Exceptionalism: Administrative Law in the Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner

Evolving Standards of Irrelevancy?, Joanmarie Davoli

Expectation Damages the Objective Theory of Contracts and the Hairy Hand Case A Proposed Modification to the Effect of Two Classical Contract Law Axioms in Cases involving Contractual, Daniel P. O'Gorman

Faith-Based Approaches to Ecological Harmony and Environmental Protection, Nadia B. Ahmad

Federal Environmental Justice Legislation and Regulations, Nadia B. Ahmad

Florida Gun Laws Weaken: Another Setback for the Mass Shooting Generation, Riley Kendall

Florida's Request for Admission Rule: 150 Years on the Road to Inconsistency, Ineffectiveness and Appellate Nullification, Mitchell J. Frank

Fraud Law and Misinfodemics, Wes Henricksen

Genre Discovery 2.0, Katie Rose Guest Pryal

Immigration Detention: Eroding or Reinforcing a Theory of Immigration Exceptionalism?, Kate Aschenbrenner

Immunity or Impunity The Potential Effect of Prosecutions of State Officials for Core International Crimes in States Like the United States that Are Not Parties to the Statute of the International, Mark A. Summers

Induced Autism The Legal and Ethical Implications of Inoculating Vaccine Manufacturers from Liability, Helia Garrido Hull

Intended Injury: Transferred Intent and Reliance in Climate Change Fraud, Wes Henricksen

International Environmental Law and the Global South Edited by Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, and Jona Razzaque, Nadia B. Ahmad

IRENA at 10: Post Paris Transitions and Energy Diplomacy beyond OPEC, the Energy Charter Treaty, and the Coronavirus, Nadia B. Ahmad

It is Time for Family Courts to be More Aware of Parental Mental Illness and Substance Abuse, Elaina Larson

Langdell and the Foundation of Classical Contract Law, Daniel P. O'Gorman

Lawful Searches Incident to Unlawful Arrests: A Reform Proposal, Mark A. Summers

Learned Hand and the Objective Theory of Contract Interpretation, Daniel P. O'Gorman

Legal Ethics for the Millennials Avoiding the Compromise of Integrity, Helia Garrido Hull

Lotteries and Public Policy in United States and Commonwealth Caribbean Law: Scrutinizing the Success of Lotteries as a Voluntary and “Painless” Tax, Stephen J. Leacock

Lotteries as a Voluntary and "Painless" Tax in American Gaming Law and the Prospect of Creating a Federal Lottery to Reduce the Federal Deficit in the Era of Billion Dollar Jackpots, Stephen J. Leacock

Making a Declaration: The Rise of Declaratory Judgment Actions and the Insurer as Regulator in the Fight to End Sex Trafficking in the Hotel Industry, Lori N. Ross

Mask off - the Coloniality of Environmental Justice, Nadia B. Ahmad

Modern Odysseus or Classic Fraud - Fourteen Years in Prison for Civil Contempt without a Jury Trial, Judicial Power without Limitation, and an Examination of the Failure of Due Process, Mitchell J. Frank

Navigating the Ethical Cliff of Public Service, Kan Samuel

No-One Receives Psychiatric Treatment in a Squad Car, Judy A. Clausen and Joanmarie Davoli

Old Wine, New Bottles: A Renewed Call for the Harmonization of Bankruptcy and Admiralty Laws in the Maritime Industry in the Wake of Covid-19 (Corona Virus) - The Ongoing Conflict Between Bankruptcy and Admiralty Laws in the Space of Global Shipping, Glenys Spence

Oliver Wendell Holmes's Theory of Contract Law at the Massachusetts Supreme Judicial Court, Daniel P. O'Gorman

On the Effectiveness of Private Security Guards on Board Merchant Ships off the Coast of Somalia -- Where is the Piracy? What are the Legal Ramifications?, Barry H. Dubner and Claudia Pastorius

Paying for the Sins of Their Clients The EEOCs Position That Staffing Firms Can Be Liable When Their Clients Terminate an Assigned Employee for a Discriminatory Reason, Daniel P. O'Gorman

Peddling Ignorance: A New Falsity Standard for Scientific Knowledge Fraud Cases, Wes Henricksen

Playing Politics with Executions Abuse of Executive Discretion, Joanmarie Davoli

Police Ignorance and Mistake of Law under the Fourth Amendment, Eang L. Ngov

Practicing the Be Practice Ready: Making Competent Legal Researchers Using the New Process and Practice Method, Jason Murray

Professionalism and Advocacy at Trial – Real Jurors Speak in Detail about the Performance of their Advocates, Mitchell J. Frank and Osvaldo F. Morera

Promises Policies and Principles The Supreme Court and Contractual Obligation in Labor Relations, Daniel P. O'Gorman

Qualitative Diversity: Affirmative Action's New Reframe, Eang L. Ngov

Rachel E. Deming, The Big Chill: Are Public Participation Rights Being Slapp-Ed?, Rachel E. Deming

"Reconstituting China's Periphery" in Routledge Handbook of Constitutional Law in Greater China, Jason Buhi

Redefining Offer in Contract Law, Daniel P. O'Gorman

Reforming the Contested Convention: Rethinking the Presidential Nomination Process, Michael T. Morley

Reforming the Contested Convention: Rethinking the Presidential Nomination Process, Michael T. Morley

Regression by Progression Unleveling the Classroom Playing Field through Cosmetic Neurology, Helia Garrido Hull

Re-Reading Anita Bernstein's The Common Law Inside the Female Body from the Bottom of the Well: Analysis of the Central Park Five, Border Drownings, the Kavanaugh Confirmation, and the Coronavirus, Nadia B. Ahmad

Rereading Rauscher Is It Time for the United States to Abandon the Rule of Specialty, Mark A. Summers

Rise and Fall of the Ultra Vires Doctrine in United States, United Kingdom, and Commonwealth Caribbean Corporate Common Law: A Triumph of Experience Over Logic, Stephen J. Leacock

Scientific Knowledge Fraud, Wes Henricksen

See No Evil: A Look at Florida's Legislative Response to Holding Hotels Civilly Liable for "Turning a Blind Eye" to the Sex Trafficking Monster Hiding behind Closed Doors, Lori N. Ross

"Selecting Journal Candidates" in SCRIBES Manual for Law Review Editors, Wes Henricksen

Severe or Pervasive Should Not Mean Impossible and Unattainable: Why the "Severe or Pervasive" Standard for a Claim of Sexual Harassment and Discrimination Should Be Replaced with a Less Stringent and More Current Standard, Kristy D'Angelo-Corker

Share Transfer Restrictions in Close Corporations as Mechanisms for Intelligible Corporate Outcomes, Stephen J. Leacock

Show Me the Money The Applicability of Contract Laws Ratification and TenderBack Doctrines to Title VII Releases, Daniel P. O'Gorman

Sign or Die: The Threat of Imminent Physical Harm and the Doctrine of Duress in Contract Law, Daniel P. O'Gorman

Solomon and Strikes: Labor Activity, the Contract Doctrine of Impossibility or Impracticability of Performance, and Federal Labor Policy, Daniel P. O'Gorman

Some Reflections on the Past, Present and State-Dependent Future of Lotteries in American Gaming Law, Stephen J. Leacock

State Attorneys General and the Public Nuisance Doctrine: Lessons to Be Derived from State Ex Rel. Attorney General of Oklahoma v. Johnson & Johnson, John S. Baker Jr and Joanmarie Davoli

Synthesizing Energy Transitions, Nadia B. Ahmad

Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be CrossExamined, Mark A. Summers

Taxing Combat, Kan Samuel

Tenure Matters: The Anatomy of Tenure and Academic Survival in American Legal Education, Stephen J. Leacock

The Cliodynamics of Mass Incarceration, Climate Change, and “Chains on Our Feet”, Nadia B. Ahmad

The Commercial Activity Exception under the FSIA, Personhood under the Fifth Amendment and Jurisdiction over Foreign States: A Partial Roadmap for the Supreme Court in the New Millennium, Stephen J. Leacock

The Constable Blunders But Isnt Punished Does Hudson v Michigans Abolition of the Exclusionary Rule Extend Beyond KnockAndAnnounce Violations, Mark A. Summers

The Dobbs Effect: Abortion Rights in the Rear-View Mirror and the Civil Rights Crisis that Lies Ahead, Terri R. Day and Danielle Weatherby

The Effects of Adverse Childhood Experiences on the Future of Our Youth, Patrick Cobb

The Independent Existence: A Look at Florida's Wrongful Death Statute in the Wake of Dobbs and Changing State Abortion Laws., Katherine Bolliger

The Inherent Monetary Incentive of Intellectual Property Rights and the Failure of Intellectual Property Waivers to Recognize This Motive, Ellaheh D. Sims

The International Court of Justices Decision in Congo v Belgium How Has It Affected The Development of a Principle of Universal Jurisdiction That Would Obligate All States to Prosecute War Criminals, Mark A. Summers

The Legal List: Research on the Internet, Jason Murray

The NotSoGolden Years Why Hate Crime Legislation is Failing a Vulnerable Aging Population, Helia Garrido Hull

The Precarious Position of the Fourth Estate in Trumptopia: The Role of Popular Culture and the Law in Protecting Media Freedom, Taylor Simpson-Wood

The Second International Conference on Climate, Nature, and Society: Selected Conference Excerpts, Nadia B. Ahmad

The Silent Criminal Defendant and the Presumption of Innocence: In the Hands of Real Jurors, Is Either of Them Safe, Mitchell J. Frank and Dawn Broschard

The Statute of Frauds and Oral Promises of Job Security The Tenuous Distinction between Performance and Excusable Nonperformance, Daniel P. O'Gorman

The Stolen Election Lie and the Freedom of Speech, Wes Henricksen

The Time Is Now: A Call for Federal Elimination of Non-Competes Against Low-Wage and Hourly Workers in the Wake of the Pandemic, Lori N. Ross

Time to Panic! The Need for State Laws Mandating Panic Buttons and Anti-Sexual Harassment Policies to Protect Vulnerable Employees in the Hotel Industry, Kristy D'Angelo-Corker

To Testify or Not to Testify: The Dilemma Facing Children with Multiple Cases before the Same Judge in Delinquency Court, Katherine I. Puzone

Trial Jurors and Variables Influencing Why They Return the Verdicts They Do - A Guide for Practicing and Future Trial Attorneys, Mitchell J. Frank and Osvaldo F. Morera

U.S. Tax Reform: Considerations for Service Members [notes], Kan Samuel

Was Atwater v. Lago Vista Decided Correctly? The Fourth Amendment's Shadow and Simulacra of Police Brutality and the American Dream, Charles Lincoln

When Less is More: The Limitless Potential of Limited Scope Representation to Increase Access to Justice for Low- to Moderate-Income Individuals, Kristy D'Angelo-Corker

When Popular Culture and the NFL Collide: Fan Responsibility in Ending the Concussion Crisis, Taylor Simpson-Wood

Why Cant We Be Friends Preserving Public Confidence in the Judiciary through Limited Use of Social Networking, Helia Garrido Hull

Why Jorge Luis Borges Still Matters, Wes Henricksen