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Enhancing the Uniform Partition of Heirs Property Act: The Need for Broader Use and Essential Modifications
Full text linkThe Uniform Partition of Heirs Property Act (“UPHPA”) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property. Through a comparative analysis of states that have adopted their versions of the UPHPA, this Note considers the law’s potential to protect family land, reduce the risk of displacement, and promote longterm economic stability for communities, especially those in rural and minority populations. While recommending that all states should adopt the UPHPA, this Note also considers the shortcomings of the statute, including the act’s interaction with existing property laws, attorney’s fees that arise, and its failure to proportionately benefit certain minority groups. Additionally, this Note discusses the intersection of the UPHPA with issues concerning racial inequality, particularly the disproportionate impact that partition laws may have on African American farmers, who have historically faced challenges in retaining land passed down through generations. This Note argues that the UPHPA ameliorates this dispossession yet acknowledges the limitations of the UPHPA concerning economic and social disparities. While the UPHPA offers a promising solution for reforming heirs property disputes, its effectiveness will depend on its broader adoption by states, as well as its capacity to address the historical and systemic inequities that underlie heirs property issues
In Too Deep: Navigating an Unpredictable Algorithm
Full text linkThis note explores the intersection of deepfakes, a newfound and seemingly ubiquitous technology, and the protections granted by the Free Speech Clause under the First Amendment. At this juncture, society has failed to develop an infallible form of deepfake detection technology despite persistent and diligent efforts by individuals and entities alike. Hyper realistic deepfake technology has and will continue to be utilized by bad actors as a tool for advancing their nefarious goals, resulting in cognizable harm to individuals and society at large. This note evaluates the current state of deepfake technology and the potential obstacle that traditional First Amendment principles could pose for regulators aiming to inhibit the malicious harms stemming from the use of this technology by bad actors. Ultimately, this note concludes that federal legislation requiring the creators of deepfake technology to conspicuously label their deepfake creation as having been “altered” is necessary to ensure that this rapidly developing technology does not deceive and harm the general public’s trust in media
Time-Pressured Negotiations
No full textThis Article considers how to negotiate when you do not have the time to use your best negotiation practices. No other article has considered what to do when in a time-pressured negotiation other than to advise you not to be trapped by a deadline. When you have no choice but to rush, this Article examines the choices that will reduce the risks posed by skipping any best practices.
This Article first considers the inherent risks of taking shortcuts and then describes a negotiation map suitable when not rushed as a guide for selecting shortcuts when rushed. After this introduction, the Article moves into its central purpose to examine how to triage when short on time. The section initially offers two checklists for formulating a triage plan: one for identifying the information you need, and another one for the plan itself. The rest of the section examines the five components of a triage plan. Those components are to build rapport to accelerate the negotiation, act trustworthy throughout, select the best shortcut, multitask by simultaneously using other negotiation techniques, and identify your alternative to a resolution (BATNA) as a safeguard against agreeing to a regrettable outcome. The last section presents four detailed illustrations of how to form and implement a triage plan
Evaluating Competitive Equality: The Department of Education’s Regulations and Impact on Title IX in Women’s Sports
No full textTitle IX was enacted to guarantee women equal opportunities in athletics by preserving competitive fairness. That objective has been challenged by evolving policies on transgender participation in women’s sports. Proponents of inclusion frame the issue as a matter of civil rights, while opponents emphasize physiological differences between the sexes that remain even after medical transition. Shifting interpretations by the Department of Education, influenced by changes in presidential administrations, have created legal uncertainty, culminating in Tennessee v. Cardona, which rejected an expansive definition of “sex” to include gender identity. This Note argues that maintaining the integrity of women’s athletics requires recognition of biological realities to prevent the erosion of Title IX’s core purpose— ensuring that female athletes retain meaningful and equitable opportunities to compete
AI-Driven Branding: Trademark Law Implications of Automated Creativity
No full textThe rapid advancement of Artificial Intelligence (“AI”), particularly generative AI systems like OpenAI’s ChatGPT and DALL-E, has introduced novel challenges to trademark law, which have remained largely unchanged since the Lanham Act of 1946. While trademark law has evolved to address such issues as dilution, international registration, and cybersquatting, the emergence of AI-generated con[1]tent capable of producing words, phrases, logos, and symbols raises significant concerns about infringement and dilution of existing trademarks. This Note examines the intersection of AI and trademark law, exploring the historical and current frameworks of both fields, the legal dilemmas posed by AI’s ability to generate potentially infringing or diluting marks, and the inadequacies of existing legal protections. Examining AI’s ability to generate logos, symbols, and trade dress resembling iconic trademarks and its use of trademarks for training, this Note highlights the risks of consumer confusion and harm to famous and distinctive marks. Proposed solutions include amending the Lanham Act to address AI-generated content, mandating AI developers to screen training data against federal trademark registries, and ensuring balanced regulations that protect trademarks without stifling AI innovation. By embracing AI’s potential while establishing clear legal guardrails, trademark law can adapt to this transformative technology, ensuring robust protection for brand owners and fostering continued technological advancemen
Locking Up Potential: Why Children Need Access to Special Education Services in Solitary
Full text linkCorrectional facilities across the country are consistently failing to provide adequate special education to disabled children who are placed in solitary confinement due to inadequate funding, untrained staff, and lack of consensus on how to implement a program. This Note compares the special education services that disabled children are entitled to under the Free Appropriate Public Education (“FAPE”) statute with the education they receive during incarceration. This Note also discusses suggestions for implementing meaningful special education when a child is isolated. When disabled children are placed in solitary confinement and deprived of education tailored to their specific needs and abilities, they ultimately leave prison unprepared for the future. Many prisons use a “catchall” approach to special education in solitary confinement and slide worksheets under the door without any regard to grade level and without any guidance on how to complete the work. Despite recent reform on solitary confinement in juvenile facilities, children incarcerated in adult facilities remain suffering from the detrimental effects of solitary confinement, even more so when they have a disability that is not being properly addressed. Every child who enters a prison should be assessed to determine if they qualify for special education services based on their educational abilities. Once assessed, prisons should implement programs specific to each child’s needs and ability. This Note discusses the changes that can be made within prisons, specifically solitary confinement, to provide greater access to special education so that children can continue to learn while incarcerated and their education does not come to a halt upon entering solitary
Web of Exploitation: The Psychological Need for Comprehensive Federal Law to Combat Cyber Sexual Abuse
Full text linkCyber sexual abuse inflicts deep and lasting psychological harm on victims, often exacerbating the trauma of traditional sexual abuse due to the permanence and reach of digital content. Survivors may experience depression, anxiety, PTSD, and suicidal ideation as intimate images, videos, or messages resurface indefinitely online. Despite the severity of its impact, current state and federal legal protections are limited and inconsistent, leaving many victims without adequate criminal or civil remedies. This article argues for the creation of comprehensive federal legislation specifically targeting cyber sexual abuse. Such laws would not only provide clearer paths to justice and accountability but also support the mental health and recovery of survivors. The article examines the inadequacy of existing cybercrime statutes, the jurisdictional challenges victims face, and the urgent need for a unified legal framework to prevent re-victimization and offer meaningful recourse. By establishing clear, enforceable protections across jurisdictions, federal laws can help break the cycle of trauma and empower victims in their pursuit of healing and justice
Protect Transgender Kids: What Is “Protection” in Light of Bans on Gender-Affirming Care?
Full text linkThis Note examines the growing legal and constitutional conflict surrounding state laws that ban or restrict gender-affirming care for transgender minors. At the heart of the issue lies the clash between state authority and the constitutionally protected rights of parents under the Due Process Clause of the Fourteenth Amendment. Drawing on medical consensus that affirms the necessity and efficacy of gender-affirming care, the Note argues that these laws not only endanger the well-being of transgender youth but also infringe on parents\u27 fundamental rights to direct their children’s medical treatment. The analysis highlights how some states mischaracterize gender-affirming care as a form of child abuse to justify discriminatory legislation under the pretense of child protection. Ultimately, this Note contends that such laws violate constitutional guarantees by unlawfully interfering with parental decision-making and perpetuating harm against transgender youth under a false mantle of state interest
Unboxing the Box: A Deep Dive into Solitary Confinement and When It May Violate the First And Eighth Amendments
Full text linkSolitary confinement has been a practice used for those who are incarcerated in our criminal justice system for hundreds of years. Our nation, as well as our society have evolved and continue to evolve over the course of hundreds of years. However, the use of solitary confinement has not. Even with all of the research and literature surrounding the monstrosities that come about from solitary confinement, it is still used in most of our jails and prisons to this day. The Eighth Amendment to the U.S. Constitution provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The proposition that solitary confinement does not and cannot violate the Eighth Amendment is the subject of a decades-old circuit split that, as of right now, unfortunately shows no signs of being resolved. Courts have identified several factors to be considered when determining the answer to this question - including the length of the confinement, its impact on the individual’s mental and physical health, and its necessity. At least five circuits have held that solitary confinement can violate the Eighth Amendment: the Third, Fourth, Seventh, Eleventh, and Second. However, the Sixth, Ninth, and Tenth Circuits have found that solitary confinement does not violate the Eighth Amendment
Fundamental Alteration Limits on Disability Rights: Spread, Specifications, and the Quality of Education
Full text linkFundamental alteration limits are now remarkably prevalent in disability rights law, even if the underpinnings of those limits are not well understood. This article explores the spread, specification, and normative problematics of those limits on disability accommodation and modification claims, with special attention to claims involving education. Often legal sources are vague regarding the content of fundamental alteration limits, but the article suggests that leading options include preservation of a program’s (1) nature, (2) details, (3) purposes, or (4) quality, including training and competition. Although several of these options seem unproductive, directing attention to quality training and fair competition among students probably can yield coherent guidance to decision makers. Furthermore, focusing on quality and competition taps into persistent concerns that disability rights will make programs “too easy” for disabled participants, not just “too costly” for program providers. In practice, however, the resulting issues may be either too easy or too fundamental for the legal system itself to manage. If legal decision makers largely defer to program provider choices, including what qualifies as adequate training and the proper domains for student competition, then these limits on disability rights become largely controlled by providers. The resulting rights would have little value. If instead other decision makers freely second-guess those provider choices, then presently we have no good assurance the resulting judgments will be normatively well-grounded or even competent. As a fix, perhaps we can design legal institutions to ensure that a suitable group of participants collaborates on the best answers. But it is also possible that reengineering disability rights law into a mandatory charter for those structures would count as a fundamental alteration that is supposed to remain optional. Either way, orienting fundamental alteration limits toward program quality and fair competition raises difficult questions that current rights-enforcement systems might be inadequate for answering. Understanding that inadequacy is necessary to fully assess disability rights law and its constraints, unaltere