Legal Education: A New Growth Vision Part I—The Issue: Sustainable Growth or Dead Cat Bounce? A Strategic Inflection Point Analysis
Hilary G. Escajeda, Adjunct Professor of Tax Law, University of Denver Sturm College of Law
"Legal education programs now face strategic inflection points. To survive and thrive long-term, education programs must embrace entrepreneurship, technology, innovation, platforms, and customer service as the means by which to navigate through strategic inflection points. Imagination, adaptability, agility, determination, and speed will separate market leaders from laggards."
Unreported Sexual Assault
Saul Levmore and Martha C. Nussbaum, Professors of Law, University of Chicago Law School
"Unreported criminal behavior is troubling for a variety of reasons, including the likelihood that it reduces the law’s ability to deter wrongdoing. This Article examine[s] the possibility of encouraging reports with rewards and penalties and explain[s] why rewards are superior to penalties."
“Essentially Black”: Legal Theory and the Morality of Conscious Racial Identity
Kenneth B. Nunn, University of Florida Levin College of Law
"In this Article, I examine the anti-essentialism critique that has developed in Critical Race and LatCrit legal theory. I argue that the anti-essentialism critique offered by critical theorists is misguided insofar as it claims that the assertion of a conscious racial identity is morally wrong."
Known Unknowns: Legislating for a Juvenile’ s Reformative Uncertainty
Tiffani N. Darden, Michigan State University College of Law
"Juvenile offenders are constitutionally different from their adult counterparts. . . . In this Article, I argue that when reviewing juvenile sentences in criminal courts, the Supreme Court’s Eighth Amendment analysis should treat the national consensus prong as subordinate to its own judgment based on social science, developmental psychology, and neuroscience research advancements."
Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels
Apostolos G. Chronopoulos, Queen Mary University School of Law
"In this Article, I argue that the tort of copyright infringement constitutes a mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting the progress of science and the useful arts, as instructed by the Intellectual Property Clause of the Constitution."
Not All Agua is Caliente: Proposing the Winters Groundwater Test
Hannes D. Zetzsche, J.D. Candidate, 2020, Nebraska College of Law
"Instead of the Agua Caliente approach, this Comment proposes a three-prong Winters Groundwater Test for analyzing claims of federal reserved groundwater."
Bahtuoh v. Smith, 855 F.3d 868 (8th Cir. 2017): Promising a Bleak Future for Ineffective Assistance of Counsel Claims in the Eighth Circuit
Mary R. Marcum, Recent Graduate, Nebraska College of Law
"The Eighth Circuit’s decision in Bahtuoh v. Smith created a split in the federal circuits. As of now, for the Eighth Circuit it is not necessarily ineffective assistance of counsel for a defense attorney to break opening statement promises to have a defendant testify."
Sexual Predator Laws: Clarifying the Relationship between Mental Health Laws and Due Process Protections
Maureen F. Larsen, Recent Graduate, Nebraska College of Law, and Robert F. Schopp, Professor of Law, Nebraska College of Law
"Sex offenses are heinous crimes. Deservedly, these crimes inspire fear and moral outrage, and society must be protected from violent predators. Nevertheless, the boundaries between mental health laws and the criminal justice system must be preserved."
Custom-Tailored Law: When Statutory Interpretation Meets the Internal Revenue Code
Michelle M. Kwon, Associate Professor, University of Tennessee College of Law
"When it comes to statutory interpretation, the traditional approaches fail to consider how the laws being interpreted by the courts were actually made. Instead, they tend to presume a uniform lawmaking process. In reality, the lawmaking process tends to be highly variable, both among, and even within, different areas of law."
Legal Education: A New Growth Vision: Part III—The Path Forward: Being Both Human and Digital
HILARY G. ESCAJEDA, ADJUNCT PROFESSOR OF TAX LAW, UNIVERSITY OF DENVER STURM COLLEGE OF LAW
"In the decades ahead, innovative and status quo–breaking law schools will leverage and combine multidisciplinary, multigenerational human expertise with digital platform and artificial intelligence (AI) technologies to create vibrant legal education ecosystems."