CISG Article
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Kristen David Adams and Candace Zierdt, CISG, 77 Bus. Law. 1345 (2022)Clicking on the button will copy the full recommended citation.
Articles
No More January Sixths: A Constitutional Proposal to Take Politics Out of Presidential Election Mechanics Article
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Paul Boudreaux, No More January Sixths: A Constitutional Proposal to Take Politics Out of Presidential Election Mechanics, 24 U. Pa. J. Const. L. 1029 (2022)Clicking on the button will copy the full recommended citation.
The conduct of Congress on January 6, 2021, exposed the ill-considered legal mechanics of the presidential electoral vote. In both 2017 and 2021, members of Congress “objected” to the Electoral College vote, threatening democracy. Guided by principles of neutrality and humility, this essay identifies potentially partisan vulnerabilities in the current electoral system and proposes three straightforward constitutional amendments. First, the Constitution should remove the ability of state legislatures to choose electors. Second, the Constitution should require expeditious state resolution of popular voting disputes. Third, and finally, the Constitution should remove Congress entirely from presidential electoral mechanics.
Click It or Ticket, But Don’t Admit It? How Unrestrained Drivers and Passengers Take Us for a Ride Article
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Emerson Wright, Click It or Ticket, But Don’t Admit It? How Unrestrained Drivers and Passengers Take Us for a Ride, 73 Mercer L. Rev. 801 (2022)Clicking on the button will copy the full recommended citation.
Consenting to Criminal Jurisdiction in Tribal Court Article
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Grant Christensen, Consenting to Criminal Jurisdiction in Tribal Court, 37 Criminal Justice 34 (2022)Clicking on the button will copy the full recommended citation.
The Extradition Clause and Indian Country Article
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Grant Christensen, The Extradition Clause and Indian Country, 97 N.D. L. Rev. 355 (2022)Clicking on the button will copy the full recommended citation.
This article looks at the enforceability of the Extradition Clause in the federal courts of the United States. In 1861 the Supreme Court held in Dennison that the federal courts could not be used to enforce a request made by one state governor to another state governor for the extradition of a suspected criminal under Article IV Section 1. In 1987 the Supreme Court reversed the Dennison decision and for the first time since the Civil War held that the federal judicial power includes the power to enforce the Extradition Clause. This article takes the position that federal judicial power is limited to cases where the state governor has both territorial and personal jurisdiction over the accused. When an individual is on an Indian reservation, even Article IV does not authorize the governor of a state to enter the reservation and return the accused subject to an extradition request. Article IV’s Extradition Clause provides a constitutional duty for the executive of one state to remit to the power of a sister state someone located within its borders and subject to its jurisdiction. Critical to the exercise of this power is the dual understanding that the individual sought must be both within the state territory and subject to the state’s jurisdiction. Indian country lies outside the general jurisdictional power of the states. States may not enter Indian country and remove persons found there absent cooperation with or permission from the Tribe. Doing so infringes upon the Tribe’s right to make its own laws and be governed by them.
Book review, Transitioning from Practical Legal Writing to Academic Scholarship, review of Elizabeth Berenguer’s The Legal Scholar’s Guidebook Article
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Anne E. Mullins, Book review, Transitioning from Practical Legal Writing to Academic Scholarship, review of Elizabeth Berenguer’s The Legal Scholar’s Guidebook, 19 Legal Comm. & Rhetoric: JAWLD 217 (2022)Clicking on the button will copy the full recommended citation.
Post-Tiara: Contracts Are Still King Article
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Anthony Palermo and Daniel L. Buchholz, Post-Tiara: Contracts Are Still King, 95 Florida Bar Journal 18 (2022)Clicking on the button will copy the full recommended citation.
This article analyzes a Florida Supreme Court case, as well as the precedent leading up to it and subsequent decisions, which raised important questions about the independent tort doctrine and economic loss rule in contract disputes. Although similar, these two principles are not identical, and they are often confused by litigants and courts alike. That confusion led in part to debate surrounding the contours and even survival of the independent tort doctrine following the Florida Supreme Court's decision in Tiara Condominium Association, Inc. v. Marsh and McLennan Companies, Inc., which limited the application of the economic loss rule. This article asserts, however, that the decision actually confirms the independent tort doctrine's continued application in Florida and further argues that that the doctrine rests on sound principles of efficiency and equity and should be endorsed and applied by Florida courts. The article also provides an overview of the distinction between the independent tort doctrine and economic loss rule, analyzes the court's decision and relevant precedent, and explains why the independent tort doctrine should remain a vital component of Florida contract law.
How to Protect Faculty Members from Outside Attacks: As Cyber-Communication Law Evolves, It’s Important to Plan Ahead Article
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Peter Lake, How to Protect Faculty Members from Outside Attacks: As Cyber-Communication Law Evolves, It’s Important to Plan Ahead, Chronicle of Higher Education (2022)Clicking on the button will copy the full recommended citation.
Disability Reproductive Justice Article
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Robyn Powell, Disability Reproductive Justice, 170 U. Pa. L. Rev. 1851 (2022)Clicking on the button will copy the full recommended citation.
The fragility of reproductive rights in the United States has never been so clear. From the Supreme Court’s recent Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade, to a quickly growing number of states passing draconian state laws that drastically limit—and in some states, ban—access to safe and legal abortion care, reproductive freedom is under siege at every turn. This difficult reality has elevated the importance of reproductive rights to the forefront of many people’s consciousness. At the same time, the discourse concerning reproductive rights has been narrowly focused and has failed to recognize the scope of reproductive decisionmaking beyond abortion. In addition, the reproductive rights movement has traditionally overlooked the myriad other ways in which marginalized populations, including people with disabilities, experience reproductive oppression.
This Article responds to the contemporary besiege on reproductive freedom and the persistent reproductive oppression experienced by people with disabilities by proposing a vision to help activists, legal professionals, scholars, and policymakers conceive of and articulate the basic contours of a paradigm shift that supports the coalescence of the disability justice and reproductive justice movements. To do so, first the Article examines the origins of weaponizing sexuality and reproduction to subjugate disabled people in the United States. Drawing on legal scholarship and social science research, it then elucidates the scope of the problem by describing the social context and institutions that propagate the sexual and reproductive oppression of people with disabilities and highlights contemporary examples of such injustices. Thereafter, the Article introduces and explores the tenets of two complementary frameworks for analyzing and confronting the reproductive oppression of people with disabilities: disability justice and reproductive justice. Finally, guided by the tenets of disability justice and reproductive justice, it further develops a jurisprudential and legislative framework for achieving and delivering reproductive justice for people with disabilities.
How the Law Can Leverage Behavioral Economics to Better Protect Small Business Owners Against Location Risk in the Brick-and-Mortar Retail Sector Article
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Will Bunting, How the Law Can Leverage Behavioral Economics to Better Protect Small Business Owners Against Location Risk in the Brick-and-Mortar Retail Sector, 59 American Business Law Journal 393 (2022)Clicking on the button will copy the full recommended citation.
This Article examines how the law can help reduce retail vacancy rates in volatile urban real estate markets. Two potential drivers of high vacancy rates along retail corridors in otherwise healthy real estate markets are identified: (1) location risk, and (2) positive feedback effects. This Article suggests that local governments can pursue a nudge-based approach to encourage landlords and retail tenants, especially small business owners, to adopt percentage rent or some other form of profit-sharing to more efficiently allocate location risk. To address positive feedback effects in which each storefront vacancy increases the likelihood of an additional storefront vacancy, a case is made for slightly stronger government intervention. Current legislative responses to the problem of retail vacancy are also considered, including vacant property taxes, commercial rent control, and zoning reclassification, and the advantages and disadvantages of each are examined.