Law Archive of Wyoming Scholarship
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The Small Business Dilemma
No full textSmall businesses face a unique and challenging dilemma in today’s business landscape. On the one hand, they are typically and rightfully considered the more powerful party in their contractual relations with consumers, thus prompting a need to protect consumers against unfair contractual terms. On the other hand, when engaging with larger businesses, small businesses typically find themselves in the position of the weaker, more vulnerable party, possibly in need of greater protection themselves from unfair terms. This Article addresses the inherent dilemma faced by small businesses and argues that the prevailing perception of businesses as sophisticated and experienced, based exclusively on their categorization as “business parties” unjustly disregards the economic and market realities they encounter
The Lasting Impact of Ring v. Arizona on Capital Jury Trials
No full textThe final decision on the imposition of the death penalty in the United States is made by either judges or juries. A wealth of empirical study has gone into comparing these two methods. Arizona, with its change to a jury-based system immediately after the landmark Supreme Court decision Ring v. Arizona, is divided into discrete eras of capital sentencing. For the first time, this article catalogs, and examines, the post-Ring capital trials that reached the question of life or death to explore systemic differences between jury and judge sentencings. The study revealed that while Arizona’s rate of death sentences increased after the introduction of jury sentencing, the number of capital trials significantly decreased and with far fewer appellate reversals. The study concludes that jury sentencing may not impact individual cases but is beneficial to capital defendants in the aggregate
The Power to Tax, The Second Amendment, and the Search for Which \u27Gangster\u27 Weapons to Tax
No full textCongress does not have the power to ban firearms. The National Firearms Act (NFA) is based on the power of Congress to lay and collect taxes. In 1937, the Supreme Court upheld the NFA as purely a revenue measure. When it banned possession of machineguns in 1986, Congress undercut that constitutional basis. The Supreme Court has held that any ambiguities in the NFA must be read narrowly according to the rule of lenity. The 1934 House hearings barely mentioned the Second Amendment. A federal district judge upheld the NFA under the theory that the Second Amendment does not protect individual rights. In 1939, the Supreme Court declined to take judicial notice that a short-barreled shotgun is “ordinary military ordnance” protected under the Second Amendment. Recently, the Court has adopted the test that the Second Amendment protects arms that are in common use. The initial NFA bill, and the bill as enacted, arbitrarily included some firearms and excluded others. After enactment, the Attorney General went on a failed crusade to require all firearms to be registered. Short-barreled rifles and silencers should be removed from the NFA. Neither was identified in the 1934 hearings as desirable to criminals. Today, registered short-barreled rifles and silencers are in common use and are rarely used in crime. Removing them from the NFA would leave them still regulated under the Gun Control Act
Blockchain: A Practical Solution to Monitor Corporate Supply Chains
No full textThe persistence of human rights abuses within the Democratic Republic of the Congo (DRC)—particularly in the cobalt mining industry— underscore the failure of international labor protections and corporate due diligence. Despite the International Labor Organization and United Nations Guiding Principles on Business and Human Rights (Ruggie Principles), corporations continue to profit from child labor, forced labor, and unregulated artisanal mining. Existing accountability mechanisms, reliant on state enforcement and voluntary corporate compliance, have proven inadequate to address these labor issues. This Comment argues that blockchain technology offers a practical, scalable solution for supply chain transparency, capable of mitigating labor rights violations in resource extraction industries. This Comment applies the Organization for Economic Cooperation and Development’s five-step framework for corporate supply chain due diligence in coordination with the Ruggie Principles to explore how blockchain can enhance corporate accountability and labor rights protections. It also discusses real-world examples of corporations already using blockchain technology for broader ethical and sustainability initiatives, such as carbon capture and environmental conservation. While blockchain alone is not a panacea, its integration within existing human rights frameworks represents a critical step toward eliminating exploitative labor practices in the DRC and beyond
Learning the Rural Practice of Law
No full textThis Article explores how law schools can better educate students about the possibilities and opportunities presented by rural practice and prepare them with the skills to succeed. An aging population and dwindling availability of jobs increases the need for practitioners in rural areas. While new graduates may be willing to pursue rural law practice, employers and graduates frequently note graduates are not prepared for the skill-based practice of law. Many students reflect that law school remains too theoretical to be pragmatically helpful in their first jobs, particularly given the unique nuances and challenges of rural law practice. Recent graduates report practical skills training had the strongest positive impact in preparing them for the practice of law. Growing beyond the old law school model of “thinking like a lawyer” is crucial in creating learning opportunities for law students to cultivate necessary practice skills and develop professional identities. Grappling with complex and novel situations while demonstrating creative thinking is critical to success in rural practice. This Article examines the utility of more practical training in law school, specifically in preparing students who aim to become rural practitioners
Offtake and Transportation Agreements in Carbon Capture Utilization and Storage Projects
No full textThe aim of reaching a low or net-zero carbon emissions economy sustainably within the medium to long term requires technologies that capture carbon dioxide emissions from industrial, manufacturing, and energy-related point sources. Applying carbon capture, utilization, and storage (CCUS) systems in these sectors can help reduce the emissions intensity of products, services, and energy production that cannot be efficiently or reliably produced otherwise. In this regard, offtake and transportation agreements serve as key instruments for negotiating the terms and conditions for the transfer of captured carbon oxides, including delivery and subsequent use or sequestration. CCUS projects are designed to capture carbon emissions in sufficient quantities from different industrial or energy-related sources, followed by processing and transportation to predesignated underground storage sites or utilization points. It is necessary to effectively connect operators and resources from different interdependent aspects of the project via carefully structured and bankable agreements. This Article discusses how offtake and transportation agreements provide a transactional framework for outlining the respective roles and obligations of project developers, equity investors, and other interested parties in an ideal CCUS project. The discussion highlights the applicable project risks and reviews the evolving U.S. policy measures and incentives driving commercial interests and investment decisions regarding such risks. The contractual tools are essential for the deployment of CCUS applications at the right scale needed to meaningfully contribute towards decarbonization objectives provided that firm commitments from project participants are secured and feasibility issues are properly addressed by the parties
Unintended Consequences? How Wyoming\u27s Response to the Affordable Care Act Created a Constitutional Right to Abortion and Medical Aid in Dying
No full textDecentralized Autonomous Organizations: To Statutorily Organize or Not?
No full textThis Article explores the evolving concept of decentralized autonomous organizations (DAOs) in the context of Web3 technology. It raises critical questions about whether DAOs truly represent a step forward in limiting liability in entity governance structures or if they risk centralizing the decentralized. The text discusses the potential of DAOs to address regulatory and tax challenges while also highlighting concerns about their legitimacy and security. It compares the governance structures of traditional entities to DAOs and contemplates the reasons for formal organization pursuant to state statute. The Article further delves into some of the statutory laws in specific states recognizing and governing DAOs. Lastly, it suggests potential improvements in statutory frameworks to enhance legal predictability for DAO users and those seeking to ascribe liability
Restrictions Our Ancestors Would Never Have Accepted : The Historical Case Against Assault Weapon Bans
No full textThe debate around what types of “arms” the Second Amendment protects is revitalized in the wake of Bruen’s renewed focus on our historical tradition as the determinative factor in Second Amendment cases. Thus far, several district courts have upheld state “assault weapon” bans in part by relying on an overly sanitized version of the Second Amendment that our founders, as well as their immediate descendants in the 19th century, would consider unrecognizable. While prior generations of Americans undoubtedly believed self-defense, hunting, and sport were all important components of the right to keep and bear arms, an overriding purpose frequently dominated their discussion of that right: preventing and responding to tyranny. This Article aims to bring renewed attention to the overwhelming amount of founding-era and 19th-century commentary that emphasizes the importance of the Second Amendment right as a tool to resist tyranny. In light of the clear history, so-called “assault weapon” bans and similar laws are incompatible with our historical tradition and should be struck down