Keeping Current – Property Article
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Darryl Wilson and Shelby D. Green, Keeping Current – Property, 38 Probate and Property 20 (2024)Clicking on the button will copy the full recommended citation.
Articles
The Stakes of the Supreme Court’s Pro-Corruption Rulings in the Age of Trump: Why the Supreme Court Should Have Taken Judicial Notice of the Post-January 6 Reality in Percoco Article
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Ciara Torres-Spelliscy, The Stakes of the Supreme Court’s Pro-Corruption Rulings in the Age of Trump: Why the Supreme Court Should Have Taken Judicial Notice of the Post-January 6 Reality in Percoco, 133 Yale L.J. Forum 656 (2024)Clicking on the button will copy the full recommended citation.
In Percoco, the Supreme Court squandered opportunities to contextualize political corruption. This piece argues that the Supreme Court should have taken judicial notice of the Post-January 6th circumstances which surround the decision. This is a perilous time in American democracy for the Justices to make prosecuting corrupt campaign managers arduous.
It’s Time to End the Zombie Reign of Red Lion Broadcasting Article
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Catherine J. Cameron, It’s Time to End the Zombie Reign of Red Lion Broadcasting, 20 Ohio State Technology Law Journal 327 (2024)Clicking on the button will copy the full recommended citation.
The Internet is hunkered down in a ramshackle cabin, and the only walls protecting it from the zombie case that is Red Lion Broadcasting Co. v FCC, 395 U.S. 367 (1969), are the walls constructed by section 230 of the Communication Decency Act. As a creature of legislation, those walls are flimsy and could crumble at any moment. And the Red Lion Broadcasting zombie is aggressive. The premises of the Red Lion Broadcasting case that the government should be allowed to regulate the broadcast spectrum to promote the public interest because the spectrum is "scarce" were proven wrong over forty years ago, but the case has been revived in zombie form and continues to lumber around the legal landscape seeking to infect new law. The only way to save the Internet and new technologies of the future from regulatory schemes based on strained notions of scarcity is for the Court to expressly overrule Red Lion Broadcasting and dispense with arguments that scarcity of any imagined kind warrants regulation of new media.
Freedom of the Press and Supreme Court Ethics Article
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Louis J. Virelli, Freedom of the Press and Supreme Court Ethics, 55 University of the Pacific Law Review 209 (2024)Clicking on the button will copy the full recommended citation.
Designing Problems to Enhance Student Learning Article
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Elizabeth Berenguer, Designing Problems to Enhance Student Learning, 28 Legal Writing 77 (2024)Clicking on the button will copy the full recommended citation.
A legal writing problem is much more than a mere assignment; it is an interactive learning experience that serves as a primary text for an entire course, facilitates learning, and results in work product that can be assessed to determine what students have learned. As such, professors must thoughtfully consider how the problem will facilitate student learning in light of the outcomes identified for the course. This Article argues that when designing a problem, legal writing professors should design the problem around rule structure because rule structure is what drives the organizational options and rhetorical choices available to the writer—other concerns, like area of law or “fun facts” are secondary considerations that may influence problem details but that should not govern the architecture of the problem itself. Designing a problem around rule structure leads to predictable sophisticated learning of analysis and organization, which makes it the most important consideration in problem design.
Keeping Current – Property Article
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Darryl Wilson, Keeping Current – Property, 38 Probate and Property 12 (2024)Clicking on the button will copy the full recommended citation.
The Climate Is Changing and So Must We: The Need to Prioritize: At-Risk Communities and Ecosystems Article
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Jaclyn Lopez, The Climate Is Changing and So Must We: The Need to Prioritize: At-Risk Communities and Ecosystems, 74 Washington University Journal of Law & Policy 44 (2024)Clicking on the button will copy the full recommended citation.
The climate is changing, and our laws and policies threaten to leave behind vulnerable communities and ecosystems. About half of the people and imperiled plants and animals in the United States are in coastal counties. Coastal communities' ability to cope with the impacts of climate change
will depend on how well local adaptation and resiliency laws and policies work to protect them from rising seas, flooding, saltwater intrusion, intensifying storm activity, and increased heat indices. At the same time, these very same adaptation laws and policies may inadvertently harm vulnerable communities and biodiversity. By 2040 - when today's kindergarteners graduate college - Florida's population will increase by 20% and sea levels will rise an additional foot. With its low elevation and location at the end of Hurricane Alley, Florida is "ground zero" for climate change impacts in the United States. The region's struggles with industrial pollution create additional risk factors. Marginalized communities and imperiled biodiversity are caught amid climate impacts and existing, dangerous infrastructure. Florida is an apt case study for exploring concepts such as managed retreat, social vulnerability, species extinctions, assisted migration, and adaptive management. This Article concludes by making general recommendations for local governments looking to proactively center their resiliency and adaptation efforts on the survival of vulnerable communities and imperiled plants and animals.
The Electronic Brain: Harnessing the Power of Artificial Intelligence Article
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Angelina M. Vigliotti and Kristen R. Moore, The Electronic Brain: Harnessing the Power of Artificial Intelligence, 66 Florida Libraries 21 (2024)Clicking on the button will copy the full recommended citation.
Ductile Rights ArticleForthcoming
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Will Bunting, Ductile Rights, 112 Ky. L.J. 467 (2024)Clicking on the button will copy the full recommended citation.
This Article presents two important results. First, depending upon the magnitude of ideological conflict in society, a flexible right, rather than an inflexible right, can produce the socially efficient outcome. In general, if social conflict decreases as a right becomes more flexible, then the right is described as “ductile,” and not weak. Conversely, if social conflict increases as the right becomes more inflexible, then the right is described as “brittle,” and not strong. Second, a negative correlation can exist between ideological conflict in society and personal freedom. That is, the more people are negatively impacted purely by what others do, the less people are free to do what they so choose. This Article terms this result the paradox of ideological incitement and considers the cable news channels as an illustrative example. In addition, this Article contends that the State has, under certain circumstances, an obligation to resolve direct conflict that can arise in the exercise of fundamental rights. As part of this obligation, the State must provide remedial mechanisms that create the separation necessary for the exercise of two otherwise conflicting fundamental rights to coexist, spending public funds to implement a ductile right as defined here.
Child Welfare System Inequities Experienced by Disabled Parents: Towards a Conceptual Framework Article
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Robyn Powell et al., Child Welfare System Inequities Experienced by Disabled Parents: Towards a Conceptual Framework, 39 Disability & Society 291 (2024)Clicking on the button will copy the full recommended citation.
Parents with disabilities and their families experience pervasive inequities within the child welfare system. However, existing conceptual frameworks do not adequately explain or address the unique needs and experiences of parents with disabilities and their families involved with the child welfare system. Accordingly, we present a conceptual framework that incorporates empirical findings from existing literature while integrating and expanding extant frameworks and models. The conceptual framework, which is aimed at being a starting point from which to investigate child welfare system inequities experienced by disabled parents, includes interrelated factors measured at the contextual, institutional, and individual levels. The paper discusses areas for further research, challenges for researchers, and implications for reducing child welfare system inequities.