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One Hundred & Thirty-Eighth Spring Commencement (2024)
Full text linkhttps://scholarship.law.campbell.edu/commencement/1101/thumbnail.jp
Article 12 and the Negotiability of Cryptocurrencies
Full text linkIn July 2022, the Uniform Law Commission published its proposed changes to the Uniform Commercial Code. Central to those changes was the creation of Article 12: a new article intended to govern cryptocurrencies, among other things. The changes, if adopted by states, will steer cryptocurrencies towards the type of negotiability common for instruments under Article 3—a result likely to encourage the use of cryptocurrencies as security devices and concomitantly improve their marketability. This article argues that is a positive movement, and states should adopt the Revisions
The Judicial Restraint Trilogy: Why the Supreme Court\u27s Decisions from Last Term Offer New Hope for Remedial Discipline
Full text linkThe headline from last Term is that, by overruling Chevron, the Supreme Court dealt a body blow to the administrative state. The thesis of this article is that other decisions from last Term provide an important but overlooked ray of hope that the Supreme Court will protect federal agencies from unjustified judicial intrusions by putting an end to universal district court remedies.
In Corner Post v. Federal Reserve Board, the Supreme Court reserved the question whether the Administrative Procedure Act (APA) authorizes the remedy of universal vacatur. And in the cases that I dub the Judicial Restraint Trilogy Starbucks v. McKinney, FDA v. Alliance forHippocratic Medicine, and Murthy v. Missouri the Supreme Court provided compelling new reasons to reject the notion that the APA empowers district court judges to enter universal vacatur or other universal remedies. The reasoning of Starbucks shows that the APA\u27s grants of remedial power to district court judges must be interpreted to carry forward traditional principles of equity, which include the principle that a remedy can be no broader than necessary to redress the plaintiff\u27s injuries. The decisions in Alliance and Murthy together show that the same constraint on a federal judge\u27s remedial power flows from Article III\u27s case or controversy requirement. The counterarguments that Justice Kavanaugh offered in his concurring opinion in Corner Post elide the distinction between vacatur and universal vacatur. At most, his points suggest that the APA should be interpreted to authorize the remedy ofvacatur not universal vacatur or other universal remedies
Divine Intervention or Unfair Influence? A Closer Look at Bibles in the Jury Room
Full text linkThe Fourth Circuit allows jurors to bring Bibles into the jury room and reference them during deliberations. A seemingly innocent action actually denies the accused his right to a fair and impartial jury. When jurors put too much weight on the Bible’s passages about judgment, jurors risk overlooking the evidence and instead making decisions based on isolated verses. By generally allowing a Bible in the deliberation room, the Fourth Circuit opens the door to other religious texts coming into deliberations. Further, the Fourth Circuit blurs the line demarcating external and internal influences, risking the introduction of other external influences that some judges may perceive to be intrinsic. The Fourth Circuit should prohibit religious texts in the jury room
A Room Without a View(point): Must Student-Housing Employees Trade Free Speech for Free Rent?
Full text linkThe COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To understand the scope of these prohibitions on speech, researchers using freedom-of-information law obtained employment manuals, policies, and guidelines from a wide cross-section of public universities. This Article analyzes the language used in a sample of these materials and concludes that while these speech policies often - and rightly - protect sensitive, confidential information that resident assistants learn on the job, they also indiscriminately sweep across a great deal of protected speech. As a result, access to information of public concern is restricted. This gagging phenomenon is amplified by the outsized coercive effect that even less-restrictive policies are likely to have on a resident assistant\u27s speech. After all, speaking in a disfavored way may result in not only the loss of a paycheck, but of the roof over the student’s head. With this in hand, the Article reviews the courts’ treatment of the First Amendment rights of both public employees and public-school students in challenges to state action in this area. This Article predicts that whether analyzed under the Supreme Court’s “employee” or “student” jurisprudence, many - if not most - of the speech policies typified in the sample probably flunk the test of First Amendment protection, given that more narrowly tailored options are available