The common law doctrine of issue preclusion, also known as collateral estoppel, prevents parties from relitigating an issue in subsequent lawsuits if a prior judgment already conclusively decided the issue. Issue preclusion traditionally required strict mutuality of parties; the first and second lawsuits had to involve the exact same litigants.
The debate surrounding the National Collegiate Athletic Association’s (NCAA) amateurism principles has waged for decades. The governing body of college athletics insists that the athletes who compete on a daily basis should not—or shall not—receive any compensation in exchange for their services while NCAA executives line their
The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on
Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases. This
We know that criminal defendants who plead guilty receive lower sentences than those convicted at trial, but there’s widespread disagreement about why. One camp of scholars believes this plea-trial differential represents a deeply troubling and coercive penalty; a second believes it’s merely a freedom-enhancing discount; and a third
This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and
Developments in the fields of law and journalism during the last two decades have led to greater awareness of the need for trauma-informed practices vis-à-vis survivors of violence, and correspondingly, the emergence of pedagogical resources for legal advocates and journalists. Due to traditional disciplinary silos, extant resources on trauma-informed practices
Since the 2000 passage of both the Trafficking Victims Protection Act (TVPA) and the U.N.’s Palermo Protocols, human trafficking has gained a notable global presence as a human rights concern. Community organizations, nonprofits, scholars, policymakers, and service providers have developed programs to identify and address human trafficking. Despite
Human trafficking (HT) is increasingly recognized as a public health issue, and its severe consequences affect some of society’s most vulnerable members. Prioritizing prevention is a critical component of a public health framework when addressing HT, and the health care delivery system plays a crucial role in operationalizing primary,
Sex and labor trafficking of adults and children are global public health issues that demand a public health approach to eradication. Rigorous scientific research is needed to create an evidence base that drives multi-sector collaborative prevention efforts addressing trafficking at all levels of the socioecological model. Programs need to be
This Article offers initial thoughts on the possible impacts the GCM might have on global efforts to prevent and address trafficking, focusing on the newly elevated role of the IOM in this endeavor. Based on arguments I have made elsewhere, my analysis takes as a given that a normative, rights-based
Part I of this Article contextualizes human trafficking within the doctrinal development of the Thirteenth Amendment and Section Two legislation enacted to address subsequent forms of unfree labor. This part describes the origins of a race-conscious Thirteenth Amendment framework and explains its relevance in guiding antitrafficking policy. The overwhelming focus
The following Note discusses the nuances associated with assistance animal regulations. Part I provides an in-depth overview of the current laws in place permitting certain rights to handlers of assistance animals under a variety of circumstances. Part II analyzes the abuses of assistance animal regulations and discusses the distinctions between
This Note is broken into three parts. Part I includes background information about additive manufacturing, the Maker Movement and its importance in the promotion of STEM education, and the history of copyright and patent law. Part II analyzes the development of fair use in copyright law, potential reasons that patent
The following note discusses the registration requirement under the Copyright Act and its interplay with the Berne Convention’s prohibition of formalities. Part I explains the recent division between the United States Circuit Courts of Appeals and provides an in-depth analysis of the application and registration approaches. Part II details
