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Censorship as a Cure for the Youth Mental Health Crisis in the United States: Utah\u27s Social Media Ban for Minors
No full textOn October 1, 2024, Utah’s Social Media Regulation Act was scheduled to go into effect, regulating minors’ access and relationship to social media platforms. The Act will, in part, require minor account holders to obtain parent or guardian consent to maintain a social media account, limit the hours minors can be on social media, and prohibit social media platforms from using “addictive” features with minors’ social media accounts. Utah’s Legislature enacted the Social Media Regulation Act in response to the current mental health crisis among Utah minors, which is part of a larger mental health crisis among youth across the United States. While this is a critical issue to resolve, the legislation Utah is implementing to address the youth mental health crisis would significantly infringe on Utah minors’ First Amendment rights. Additionally, the Act would extend beyond the parameters that the U.S. Supreme Court set in previous First Amendment cases, such as Brown v. Entertainment Merchants Association and Packingham v. North Carolina. The Act could also be a powerful weapon of censorship against speech that Utah officials wish to silence, proving to be another chapter in the “anti-woke” movement
New Jersey and Guardians: Perfect Together? Suggested Improvements to Guardianship Laws in New Jersey for Adults with Developmental Disabilities
No full textNew Jersey has a large population of adults with developmental disabilities, and many family members of adults with developmental disabilities will seek guardianship. Guardianships and conservatorships have been gaining widespread media attention and awareness. With celebrities coming forward to discuss their experiences and movies being made about their potential for abuse, there has been a new focus on reforming the systems that are in place to improve outcomes for those being placed under guardianships.
Guardians and conservators have been identifying several problems with the current system, including that it is too difficult to secure guardianship over their loved ones, and they wish to make it easier to continue to take care of their family members. While this is an understandable feeling that may come from a place of goodwill, making it easier to obtain guardianship puts the rights of disabled individuals at risk and may risk failing to hold the guardian responsible for their actions. Courts should take an individualized approach when making these rulings and consider other avenues, including power of attorney, limited guardianship, and supported decision-making, before determining whether or not to appoint a plenary guardian
International Bridges to Justice in Geneva, Switzerland
No full textInternational Bridges to Justice (IBJ) is an NGO committed to protecting human rights around the world. Their mission centers on ensuring that everyone has access to a fair trial, protection from abuse, and competent legal representation
Global Survivors Fund in Geneva, Switzerland
No full textHeidi Willden [1L] will contribute to GSF’s efforts to deliver reparations, including acknowledgment and compensation, to survivors of conflict-related sexual violence
Killing Through Their Kids
No full textIn early 2024, James and Jennifer Crumbley were sentenced to over a decade in prison after their son, Ethan, shot and killed four classmates at Oxford High School in Michigan. The Crumbley parents incurred manslaughter liability by ignoring Ethan’s deteriorating mental state, gifting him the murder weapon, and failing to act on concerns about Ethan’s behavior on the day of the shooting. The Crumbleys were the first parents of a school shooter to be convicted of a homicide in American history. This Article suggests they will be far from the last. Indeed, less than one year after the Crumbley convictions, Colin Gray—whose son committed the shooting at Apalachee High School—was charged with manslaughter and second-degree murder.
Current coverage of the Crumbley parents’ convictions has cabined their case as an outlier, unlikely to repeat due to its uniquely egregious facts. This Article argues that charging and convicting the parents of a school shooter will recur because similar conduct has produced parental homicide liability for over a century in the form of homicide by medical neglect and passive abuse.
Parental homicide liability by medical neglect and passive abuse form a foundation from which convicting a school shooter’s parents becomes less surprising. By analyzing the Crumbley parents’ convictions in the context of medical neglect and passive abuse, this Article draws out a test to determine when parental homicide liability might attach following a school shooting. This duty to prevent test asks if the parents (1) ignored clear warning signs about the child’s deteriorating mental health, (2) facilitated the child’s access to a weapon, and finally, (3) ignored additional warnings about the child’s violent ideations. When each prong of the duty to prevent test is met, parental homicide liability following a school shooting tracks not only the theory of liability upon which the Crumbleys were convicted, but also the traditional and well established components of homicide liability for medical neglect and passive abuse. Finally, this Article suggests that school officials who meet each prong of the test may incur similar liability under certain circumstances
Say Neigh to Handshake Deals: An Economic and Ethical Argument for Written Warranties in the Sales of Thoroughbred Racehorses
No full textHorse racing is one of the largest, most lucrative industries in the United States, but state laws regulating the exchange of billions of dollars through the sales of Thoroughbred racehorses remain inconsistent. Moreover, ethical issues such as poor breeding practices tarnish the reputation of the sport, detracting viewers and consequently endangering the future livelihood of the racing industry. Litigation over birth defects in Thoroughbreds is common, prone to appeal, and expensive. But, this litigation could be mitigated through the use of written warranties in the sale of these highly valuable horses, pursuant to and supplementing the statute of frauds and various provisions in the Uniform Commercial Code (U.C.C.). Requiring and enforcing written warranties, especially in the states with a vested economic interest in the success of Thoroughbred racing, would hold breeders accountable for the well-being of their animals and help to curb the ethical issues causing the decline in popularity of the economic engine that is Thoroughbred racing
Toward Digital Corporate Law: Revisiting Corporate Law\u27s Responses to Technology
No full textThis Article examines the dynamic relationship between emerging technologies and corporate law, raising fundamental questions about whether these technological advancements require reshaping traditional legal doctrines. It investigates key aspects of corporate law—including corporate formation, governance, and finance—through a comparative analysis of Chinese and U.S. legal frameworks. This Article critically assesses the ability of contemporary corporate law to respond effectively to technological challenges posed by artificial intelligence (AI), particularly in relation to evolving fiduciary duties of corporate agents and shifts in the balance of power between shareholders and management. Furthermore, this Article proposes innovative strategies for future corporate law development, advocating for enhanced compatibility and flexibility to accommodate rapid technological progress. Notably, it considers treating data as a corporate asset and supports enabling corporations to issue and store stocks digitally. The analysis also explores how technological advancements may facilitate the balancing of interests among shareholders, stakeholders, and broader societal concerns. In this context, it discusses the use of AI to improve corporations’ Environmental, Social, and Governance (ESG) practices and examines the potential of AI-assisted decision-making for fund managers in proxy voting processes. By presenting thought-provoking questions designed to inspire further research, this Article aims to foster a nuanced discussion on the critical intersection of corporate law and technology. It specifically highlights the increasing digitization of corporate law and explores the possibilities offered by software engineering techniques for enhancing legislative clarity and efficiency in rule-making processes
The Demonization of America\u27s Economic Engine
No full textIn a 2013 book entitled Those Damned Immigrants: America’s Hysteria Over Undocumented Immigration, I warned of a conservative political trend that I believed would lead to an all-out assault on undocumented immigrants. This trend occurred despite the fact that these immigrants are critical economic boons to our economy.
On his first day in office in 2025, President Trump made the book’s warnings prophetic. That day, President Trump issued a series of executive orders, including 10 focused on limiting entry into the United States and questioning many who previously entered the United States legally. These orders include, 1) enhanced deportation powers with increased capacity to expedite deportations; 2) a change to the treatment of asylum seekers which had the effect of slowing down the asylum application process; 3) an increased military role at the U.S.-Mexico border; 4) reinstatement of the remain in Mexico policy, which requires asylum seekers at the southern border to wait in Mexico for their hearings in a U.S. immigration court; 5) curtailment of humanitarian parole programs, which ended the CHNV (Cubans, Haitians, Nicaraguans, and Venezuelans) humanitarian parole program and reduced the availability of Temporary Protected Status (TPS) for certain countries; and 6) suspension of refugee admissions, which blurs the distinction between asylum seekers, other migration flows, and refugee resettlement, resulting in making the distinctions largely irrelevant.
As a result of these executive orders, as well as the President’s executive priorities, the United States is now witnessing a host of policies aimed at limiting immigration, the implementation of mass deportation of undocumented immigrants, and policies aimed at challenging the status of those who recently became citizens or are otherwise in this country legally. This is also a time when the demonization of immigrants is so rampant, political leaders do not worry a bit over negative reactions to their demagoguery. Indeed, we are in an era where there are virtually daily roundups of immigrants, as well as those who appear to look like an immigrant.
Instead of terrible xenophobic practices, such as mass deportation, being the plan of action, policymakers should end the call for such xenophobic and universally harmful practices, once and for all. Politicians must learn to understand that the vast majority of undocumented immigrants are vital workers and indispensable parts of our economy. We should perhaps look back to what I proposed over a decade ago, and instead of calls for mass deportation, we should engage in honest, balanced efforts to address undocumented immigration and eventually pass comprehensive immigration reform. That reform can both secure our borders and develop means, such as a national guest worker program, where immigrants can continue to be vital components of our labor force with livable wages, as well as domestic labor and safety protections.
This abstract was taken from the author\u27s introduction and the body of the article