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Women and Wills: An Empirical Analysis of the Married Women’s Property Act and its Remarkable Resonance Today

Posted on August 18, 2018 by Kristine S. Knaplund

By 1900, the state of Missouri had a quarter century’s worth of experience with its version of the Married Women’s Property Act, passed in 1875 to reverse the common law and decree that personal property acquired by a married woman … Continue reading →

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To Kill A Lawyer-Hero: Atticus Finch In The Law School Classroom

Posted on June 18, 2018 by Cynthia D. Bond

This article addresses the well-known lawyer character from Harper Lee’s novel and subsequent film, To Kill a Mockingbird. For years, legal scholars have rhapsodized about Atticus Finch as the ultimate “lawyer-hero” and role model for aspiring attorneys, with little dissent. … Continue reading →

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A (Nude) Picture is Worth a Thousand Words—But How Many Dollars?: Using Copyright as a Metric for Harm in “Revenge Porn” Cases

Posted on May 3, 2018 by J. Remy Green

So-called “Revenge Porn”—pornography published without the subject’s permission—is a growing issue. While much discussion exists about how best to outlaw the practice, less has been said about precisely how to measure the harm done. This paper is grounded in an … Continue reading →

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Why California Got It Right: Assessing Psychopaths Before Release

Posted on April 26, 2018 by Christa McLeod

Psychologist Robert Hare (“Hare”) first released the Psychopathy Checklist Revised (“PCL-R”) in 1991 and it has consistently demonstrated success in predicting recidivism. California is the only state that requires an individual sentenced to life with the possibility of parole to … Continue reading →

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Should Emergency Good Deeds Go Unpunished? An Analysis of the Good Samaritan Statutes of the United States

Posted on February 26, 2018 by Victor D. López and Eugene T. Maccarrone

It is a well settled common law rule that ordinarily, “in the absence of some special relationship, no legal duty rests on a member of the general public to render services in the preservation of the person or property of … Continue reading →

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Protecting the Victims of Fraudulent Joinder: How Congress and Federal Judges Can Help

Posted on January 23, 2018 by Victor E. Schwartz and Cary Silverman

One of the most famous judges of the last century, Judge Learned Hand, observed, “I must say that as a litigant I should dread a lawsuit beyond almost anything else short of sickness and death.” The innocent victims of fraudulent … Continue reading →

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Drowning in Data: How the Federal Rules Are Staying Afloat in a Flood of Information

Posted on December 27, 2017 by Josh Blane

As technology continues to permeate our everyday lives, the amount of data we generate increases—and rapidly. Consistent with Moore’s Law, in 2013, 90% of all the world’s data was created within the previous two years alone. Technological advances have not … Continue reading →

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In the Eyes of the Law Student: Determining Reading Patterns with Eye-Tracking Technology

Posted on December 19, 2017 by Catherine J. Cameron

First-semester law students spend over twenty hours per week reading legal cases in their casebooks for their law school classes. By the time students have completed their first year of law school, they have spent upwards of six hundred thirty … Continue reading →

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Standing on Edge: The Lack of Standing Requirements in the USPTO Inter Partes Review Raises a Constitutional Issue

Posted on October 23, 2017 by Charles Kennedy

In 2012, the American Invents Act created a process called inter partes review (“IPR”), an administrative proceeding to challenge the validity of an issued patent. This new proceeding allows anyone to challenge the validity of a patent, regardless of the … Continue reading →

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Civil Litigation in the Age of President Donald J. Trump Welcome to the New World of Commerce America and Liability America and Liability Suppression

Posted on October 7, 2017 by David J. Cook

The HARD RIGHT now controls two branches of government. After President Trump fills the empty judicial appointments, including the Supreme Court, the Hard Right will control all three branches of the US government. The Hard Right has a plan that … Continue reading →

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