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The Stream of Violence: A New Approach to Domestic Violence Personal Jurisdiction
Get PDFThere is a split among state courts about whether personal jurisdiction over an alleged domestic violence perpetrator is required in order to obtain a civil protection order preventing the defendant from contacting the victim. Some courts have held that such orders interfere with the defendant’s liberty interests, and therefore the Due Process Clause requires personal jurisdiction for the issuance of such orders. Other courts have held that personal jurisdiction is not required because such protection orders are analogous to custody and divorce orders, which, under the “status exception,” courts have historically entered without establishing personal jurisdiction over the other party. This Article argues that the focus on the status exception is misplaced and that instead, courts should reframe the way they look at personal jurisdiction in domestic violence cases by applying the principles embedded in the stream of commerce doctrine and the effects test. Drawing upon common threads from each line of cases, the Article proposes a test for domestic violence jurisdiction that focuses on the knowledge of the defendant about the victim’s likely destination if she is forced to flee to another state
The Tyranny of Perfect Surveillance & Lessons from \u27The Circle\u27
No full textTHE CIRCLE is a new film directed by James Ponsoldt, and adapted from a 2013 book of the same name by Dave Eggers. The film stars Emma Watson as a new hire at a tech company, and Tom Hanks as its chief executive. The film is now in theaters. Science & Film commissioned Danielle Citron to write about issues of privacy and transparency. She did so with her 11th grade daughter, Eleanor Citron
The Surprising Origins of the Interstate Commerce Commission
Get PDFMany law review articles fail to live up to the promise of their titles or abstracts, leaving disappointed readers in their wake. Others have titles that hide the ball. Behind the wordy and somewhat bland title of Jed Shugerman’s 2015 article—The Dependent Origins of Independent Agencies: The Interstate Commerce Commission, the Tenure of Office Act, and the Rise of Modern Campaign Finance—lies a fascinating new take on the origins of independent agencies.
The identification of the Interstate Commerce Commission (ICC) as the first modern independent regulatory agency is familiar to scholars of American administrative law. The ICC, created in 1887, was the first federal agency with the hallmarks of independence—multiple commissioners appointed by the President with the advice and consent of the Senate, staggered terms of specified duration (six years in this case), removal by the President only for “inefficiency, neglect of duty, or malfeasance and office,” and a requirement of bipartisan membership
Copyright Owners\u27 Putative Interests in Privacy, Reputation, and Control: A Reply to Goold - Draft - 05-15-2017
Get PDFPatrick Goold’s interesting new article, Unbundling the “Tort” of Copyright Infringement (“Unbundling”) centers on a key lack of clarity that Professor Goold perceives in the cause of action for copyright infringement. The lack of clarity, he argues, afflicts threshold definitions of what constitutes actionable copying
American Trial Films and the Popular Culture of Law
Get PDFThe American trial and American cinema share certain epistemological tendencies. Both stake claims to an authoritative form of knowledge based on the indubitable quality of observable phenomena. And both are preoccupied with sustaining the authority that underlies the knowledge produced by visual perception. The American trial and cinematic form also increasingly share cultural space. Although the trial film (otherwise known as the courtroom drama) is as old as the medium of film, the continuing popularity of the legal drama centered on a courtroom verdict suggests more than a trend. The inherent affinities between law and film not only produce enduring and memorable stories about law and justice but help constitute a popular legal consciousness that sustains the authority of the rule of law in the United States. This article describes these affinities in more detail, tracing the common themes in trial films, the special case of trial film based on true stories, and the future of the genre in American popular culture. It concludes by reviewing the disciplinary approach to the study of law and visual popular culture
Communication-and-Resolution Programs The Jury Is Still Out
No full textGenuine concern for patients and an intrinsic drive to provide high-quality care are primary motivators for individuals and institutions to take steps to avoid iatrogenic injuries. Despite these drivers, a recent estimate suggests that preventable medical error is the third most common cause of death in the United States
Equality, Sovereignty, and the Family in Morales-Santana
Get PDFIn Sessions v. Morales-Santana, 3 the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of the nation’s borders and the composition of the polity.4 The particular statute at issue in the case regulates the transmission of citizenship from American parents to their foreign-born children at birth, a form of citizenship known today as derivative citizenship.5 When those children are born outside marriage, the derivative citizenship statute makes it more difficult for American fathers, as compared with American mothers, to transmit citizenship to their foreign-born children.6 Over the last twenty years, the Supreme Court has considered four gender equal protection challenges to that law.7 As in previous cases, Luis Morales-Santana’s constitutional challenge required the Justices to grapple with two crucial and contested issues: the extent to which constitutional gender equality principles govern regulation and recognition of family relationships, and the nature of the judiciary’s role in the enforcement of the Constitution at the border. But in Morales-Santana, the Court did something it had never done before: in an opinion that develops a progressive vision of gender equality for the nonmarital family, it declared that a law governing the acquisition of citizenship violates equal protection principles.
Guardianship and Clinical Research Participation: The Case of Wards with Disorders of Consciousness
Get PDFWe review relevant federal law about research on human subjects and state laws on guardian authority to determine whether guardians can consent on behalf of their wards to participation in research. The Common Rule is silent on the issue as are most state guardianship laws. Our analysis shows significant variation in guardians’ decision-making authority in the states that do regulate wards’ participation in research. We consider how the appointment of guardians for patients with disorders of consciousness (DOC) impacts such patients’ access to research. We assert that it is important that such persons be permitted to participate in research, so that their conditions and potential medical interventions can be studied, and that those with similar conditions can benefit from the knowledge gained from these studies. We argue that state guardianship laws should be adapted to specifically give guardians the authority to consent to research on behalf of wards who may be able to regain decisional capacity
Texts and Contexts in Legal History: Essays in Honor of Charles Donahue
No full textRenowned legal historian, Charles Donahue, serves as the inspiration for this volume of essays covering a range of topics of interest to legal historians, legal scholars, and others. Inspired by Donahue\u27s insights into the value of understanding both text and context, this volume brings together 26 contributions from leading historians in Europe and North America.https://scholarship.law.bu.edu/books/1007/thumbnail.jp