The Don Rowe Blog

Archive for the ‘Online Supplement: Recent Published Content’ Category:

Oct 25

How Would the European Court of Human Rights Decide Holt v. Hobbs?

posted by Ally McQueen

How Would the European Court of Human Rights Decide Holt v. Hobbs? Francesca M. Genova* Introduction In 2015, the Supreme Court decided Holt v. Hobbs, which affirmed a prisoner’s right under the Religious Land Use and Institutionalized Persons Act[1] (RLUIPA) to grow a half-inch beard in accordance with his sincerely held Islamic faith.[2]  This case […]

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Oct 24

Is There a Place for Islam in the West?  Adjudicating the Muslim Headscarf in Europe and the United States

posted by Ally McQueen

Is There a Place for Islam in the West?  Adjudicating the Muslim Headscarf in Europe and the United States Andrea Pin* Introduction On March 14, 2017, while the world was debating whether the White House was trying to ban Islamic immigration in its executive orders,[1] in the small town of Luxembourg fifteen judges spoke for […]

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Oct 24

The Rank-Order Method for Appellate Subset Selection

posted by Ally McQueen

The Rank-Order Method for Appellate Subset Selection Michael J. Hasday* Appellate courts in many countries will often use a subset of the entire appellate body to decide cases.  The United States courts of appeals,[1] the European Court of Justice,[2] and the highest courts in Canada, Israel, South Africa, New Zealand, and the United Kingdom all […]

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Aug 22

Dead Precedents

posted by Ally McQueen

DEAD PRECEDENTS Riley T. Svikhart* Introduction Shaun McCutcheon’s was the “next big campaign finance case to go before the Supreme Court.”[1]  When the Alabama GOP warned the conservative businessman that his 2010 federal campaign contributions might soon exceed a congressionally imposed limit, he decided to “take a stand.”[2]  Together, McCutcheon and the Republican National Committee […]

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May 20

Lafler v. Cooper‘s Remedy: A Weak Response to A Constitutional Violation

posted by Laura Myers

LAFLER V. COOPER‘S REMEDY: A WEAK RESPONSE TO A CONSTITUTIONAL VIOLATION Matthew T. Ciulla* Introduction The Sixth Amendment’s Counsel Clause preserves an accused’s right to counsel.[1] The mere fact, however, that “a person who happens to be a lawyer is present at trial alongside the accused . . . is not enough to satisfy the constitutional command.”[2] Rather, […]

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May 19

Recent Case: Syed v. M-I, LLC

posted by Ally McQueen

RECENT CASE SYED V. M-I, LLC On Issue of First Impression, Ninth Circuit Holds No Extraneous Information Allowed in Fair Credit Reporting Act Disclosure; Such Violation is Willful Under Statute Lowell Ritter* Introduction The Fair Credit Reporting Act (FCRA)[1] was enacted to protect consumers by ensuring the accuracy and fairness of reports provided by consumer […]

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May 19

The Native American Struggle Between Economic Growth and Cultural, Religious, and Environmental Protection: A Corporate Solution

posted by Ally McQueen

THE NATIVE AMERICAN STRUGGLE BETWEEN ECONOMIC GROWTH and CULTURAL, RELIGIOUS, AND ENVIRONMENTAL PROTECTION: A CORPORATE SOLUTION Joseph Patterson* Introduction Four days following his inauguration, President Donald Trump signed an executive order “expedit[ing]” the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline.[1]  This executive order sparked new rounds of protests by the Standing […]

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May 15

2016 TRADEMARK YEAR IN REVIEW

posted by Laura Myers

2016 TRADEMARK YEAR IN REVIEW Mark P. McKenna & Shelby Niemann* Introduction This brief Essay reviews some of the most significant developments in trademark law during the past year. In most cases, we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of section 2(a) of the […]

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Apr 26

The Courts and the People in a Democratic System: Against Federal Court Exceptionalism

posted by Ally McQueen

  THE COURTS AND THE PEOPLE IN A DEMOCRATIC SYSTEM: AGAINST FEDERAL COURT EXCEPTIONALISM Simona Grossi* The law of federal procedure is on the Supreme Court’s docket for the October 2016 Term, with granted petitions addressing pleading sufficiency,[1] standing,[2] and jurisdiction.[3]  And, of course, the Advisory Committee on Rules of Civil Procedure continues its annual […]

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Mar 30

Formal Declarations of Intended Childcare Parentage

posted by Laura Myers

Formal Declarations of Intended Childcare Parentage Jeffrey A. Parness Introduction Legal parentage for childcare purposes under American state law is significantly and rapidly expanding. The new parentage norms are growing increasingly imprecise.[1] No longer is childcare parentage—that is, the superior right of a parent to the “care, custody, and control” of a child[2]—only established by […]

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Dec 22

Incentivizing Graffiti: Extending Copyright Protection to a Prominent Artistic Movement

posted by Henry Lifton

Incentivizing Graffiti: Extending Copyright Protection to a Prominent Artistic Movement Sara Cloon* Introduction “Copyright is for losers.”[1] Or so asserted graffiti artist Banksy while also asserting his rights under the Copyright, Designs and Patent Act of 1988.[2] Banksy claims to be anti-copyright, yet simultaneously uses copyright law to enforce his intellectual property rights. As the […]

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Nov 28

Addressing the Retirement Crisis with Shadow 401(K)s

posted by Henry Lifton

Addressing the Retirement Crisis With Shadow 401(k)s Deepa Das Acevedo* Introduction The United States has been juggling a handful of socio-economic crises lately. The subprime mortgage crisis, the auto industry crisis, the education crisis, the obesity crisis—the list isn’t short and shows no signs of becoming so. Within this group of economically and socially disruptive […]

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Nov 2

Through the Looking Glass in Indiana: Mandatory Reporting of Child Abuse and the Duty of Confidentiality

posted by Henry Lifton

Through the Looking Glass in Indiana: Mandatory Reporting of Child Abuse and the Duty of Confidentiality Alberto Bernabe* Introduction It is often said that the duty of confidentiality is the most important of all the fiduciary duties attorneys owe their clients.[1] This is so because without confidentiality, clients would presumably not feel free to seek […]

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Oct 24

New Wine in Old Wineskins: Metaphor and Legal Research

posted by Henry Lifton

New Wine in Old Wineskins: Metaphor and Legal Research Amy E. Sloan* & Colin Starger** And no one puts new wine into old wineskins; otherwise, the wine will burst the skins, and the wine is lost, and so are the skins; but one puts new wine into fresh wineskins.[1] Introduction Language gives and language takes […]

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