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Fairness or Equality? Participation of Esports Players with Disabilities in Esports Competition
No full textBurdening the “Skilled Searcher”: The Federal Circuit Falls Short of Providing Ironclad Fixes to § 315(e) Estoppel Issues in Ironburg v. Valve
No full textA Reasonable And Well-Reasoned Teaching Tool In Unreasonable Times
No full textDevon Carbado’s most recent book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, is a must-read for anyone studying or concerned with criminal procedure or policing. Unlike some of Professor Carbado’s other work, the brilliance of this book is not necessarily new conceptualizations or theorizations—for which he is well known—but rather centers on accessible pedagogy. If you have studied race and policing, you are not likely to find a new case, study, or reference to scholarship in the book. But, you are going to understand anti-Black racism, policing, the Fourth Amendment, and their intersections better than you did before. You will also benefit from the key sources being skillfully assembled and connected. If you are new to race and policing, you will get up to speed thoroughly and quickly through an easy read—which is no easy feat when writing about complex constitutional law and sensitive issues of structural racism for a general audience who may have a diversity of ideological leanings. This book is an approachable, engaging, one-stop read for the subject
Mutually Assured Democracy: Cooperating Under the Compact Clause to Combat Partisan Gerrymandering
No full textSovereignty Symposium
No full textThe Sovereignty Symposium was founded in 1988 by Oklahoma Supreme Court Justice Yvonne Kauger to advance the collective understanding of legal principles and doctrines. The Sovereignty Symposium is the premier annual national legal conference focusing on aspects of tribal sovereignty and government to provide critical analyses of contemporary legal issues and propose innovative solutions. The production of the Symposium transitioned to Oklahoma City University and Oklahoma City University School of Law in 2023. This collection includes papers and other materials written by the panelists (faculty) of each year’s Symposium and artwork created for each year’s Symposium
THE CONNECTICUT MUNICIPAL REAL PROPERTY TAX: A CLOSER LOOK AT THE HISTORIC AND EVOLVING LANDSCAPE
No full textConnecticut’s tax on real property has been adopted by the continuum of time as necessary to the public fisc. In 1639, Connecticut adopted the Fundamental Orders, a document that arose from the agreement among the towns of Hartford, Wethersfield, and Windsor and bore more than a passing resemblance to seventeenth century charters of trading companies. What set the Orders apart was that they served to organize a body politic and, hence, became the first democratic written constitution in history. The chain of events set in motion in seventeenth century Connecticut yielded the new nation’s Articles of Confederation, and, as centralized tax theory gained hold, the Constitution.
The passage of time has, rather than consolidate local fiscal policy in Connecticut, yet further individuated the several towns in their production of own source revenue. This trend is reflected in the ways that towns have evolved in several observable characteristics, both demographically, such as in age, racial composition, and educational levels, and administratively, examined here through municipal fund balances
Unintended Consequences of Fetal Personhood Statutes: Examples from Tax, Trusts, and Estates
No full textThe laws of taxation, trusts, and estates are new fronts in the culture wars over abortion. After the Supreme Court\u27s 2022 decision in Dobbs v. Jackson Women\u27s Health Organization, some anti-abortion states enacted fetal personhood statutes that have the potential to unsettle and destabilize longstanding legal doctrines that otherwise create predictability and stability in the laws of taxation and succession. This Article makes three principal claims: descriptive, predictive, and normative. First, the Article explores how Dobbs opened the door for states like Georgia to treat zygotes-embryos-fetuses as “dependents” for state income tax purposes. Second, the Article identifies some of the most salient ways fetal personhood laws could upend longstanding rules concerning property ownership and taxpayers\u27 determination of their fiscal obligations to the government. Unless carefully circumscribed, fetal personhood laws will disrupt the orderly transmission of property at death, the ability to administer a trust, and any durational limits on trusts. Third, the Article argues that state lawmakers should explicitly limit the scope of fetal personhood laws. Somewhat counterintuitively, both those with antiabortion views and those who wish to secure access to the procedure share an interest in narrowing these laws\u27 applicability.
For symbolic-political reasons, however, it is unlikely that lawmakers in anti-abortion states will place voluntary boundaries on the applicability of fetal personhood statutes. Therefore, the Article proposes rules of construction that judges should adopt in jurisdictions that have enacted fetal personhood laws. These include presumptions that a zygote-embryo-fetus is not the beneficiary of an estate or trust, disregarding in vitro embryos for purposes of the rule against perpetuities, and fixing the generational assignment of a zygote-embryo-fetus for generation-skipping transfer tax purposes at one generation below that of the intended parents. The Supreme Court is not likely to reverse the Dobbs decision for many decades, if at all. Therefore, making fetal personhood statutes inapplicable to matters of taxation (other than the state income tax deduction for dependents or a child tax credit), trusts, and estates represents a pragmatic approach that simultaneously permits states to signal their anti-abortion commitments while limiting disruptions to the legal system and the spread of encroachments on the bodily autonomy of those with the capacity to become pregnant
Lobbying by Brief: Unveiling the Dominance of Amicus Lobbying in the Development of Business Law
No full textThis Article uncovers the pervasive and significant impact of business law Amicus Lobbying, a strategic tactic whereby lobby groups have commandeered the amicus curiae filing process in state courts to shape business law according to their interests.
The Article makes three primary contributions to the literature. First, it presents the only comprehensive dataset of amicus curiae filings in business law cases. This hand-collected dataset encompasses nearly all business law amicus curiae filings from 2005 to 2022 in the key jurisdictions of New York, California, Delaware, Texas, and Nevada. Second, it reveals a striking empirical finding: lobby groups account for 67% of all amicus curiae filings in the dataset, with a high rate of success in persuading courts to adopt their positions. Finally, the Article provides a normative assessment of Amicus Lobbying in business law and proposes policy recommendations designed to ensure a more balanced representation of stakeholder interests.
By shedding light on this understudied phenomenon, this Article aims to stimulate critical discourse on the intersection of lobbying, judicial decision-making, and business law formation. It offers valuable insights for scholars, practitioners, and policymakers engaged in the ongoing debate over the appropriate role and influence of interest groups in shaping legal doctrine