Irrevocable Gift Promises and Promises Inducing Reliance: A Mandate for the Return of the Seal in Contract Law
Alex M. Johnson, Jr., James C. Slaughter Distinguished Professor of Law, University of Virginia Law School
"What makes irrevocable inter vivos trust donative promises—promises that induce reliance on the part of the donee— and promises made in a will enforceable, while other simple or future gift donative promises are not? The primary purpose of this Article is answering that question."
Duress and Undue Influence in Contract Law as Cognitive Trespass
Jeffrey L. Harrison, Huber C. Hurst Eminent Scholar, University of Florida College of Law
"In all cases, contract law takes a permissive approach by limiting the remedy to avoidance and restitution. This Article argues that the permissive approach is inappropriate, particularly in cases in which the vulnerability is created."
Is Prior Salary a Factor Other Than Sex? An Approach to Resolve the Ongoing Debate
Elizabeth A. Stevenson, J.D., University of Nebraska College of Law, 2020
This Note examines the uncertainty of the Equal Pay Act’s “factor other than sex” exception.
Corporate Purpose in a Populist Era
Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law
"Given these political trends and the underlying economic ills driving them, the question arguably 'is no longer whether populist pressure will have a strong influence on policy decisions but how.'"
"I Did It, but...I Didn't": When Rejected Affirmative Defenses Produce Wrongful Convictions
James R. Acker, Distinguished Teaching Professor, School of Criminal Justice, University at Albany; and Sishi Wu, Ph.D. student, School of Criminal Justice, University at Albany
"This Article examines wrongful convictions that result from the erroneous rejection of an affirmative defense."
When Anti-Establishment Becomes Exclusion: The Supreme Court's Opinion in American Legion v. American Humanist Association and the Flip Side of the Endorsement Test
Patrick M. Garry, Professor of Law, University of South Dakota School of Law
"This Article will explore the meaning and application of the Establishment Clause in contemporary society through an analysis of the issue of state-conducted dismantling of longstanding religious displays."
"A Long and Winding Road": The South Dakota Intellectual Diversity Bill of 2019
Jon K. Lauck, Adjunct Professor of Political Science, University of South Dakota
"During the winter of 2019 and after two years of debate, South Dakota became the first state in the nation to adopt legislation promoting intellectual diversity at its state universities."
Sports Gambling in Nebraska: A Good Bet for the Good Life
Brett M. Bruneteau, J.D., University of Nebraska-Lincoln
"Nebraska should legalize and regulate sports gambling. In May 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA), a federal bill designed to ban sports gambling across the United States. Consequently, sports gambling became a state issue."
The Statutory Stigmatization of Mentally Ill Parents in Parental Rights Termination Proceedings
Student Julie Wertheimer, J.D. Candidate, 2020, Psychology Ph.D. candidate, University of Nebraska-Lincoln
"This Comment will argue that the parental rights termination statutes that list “mental illness or mental deficiency” as a ground for termination promote the stigmatization of parents with mental challenges."
Judge Koh’s Monopolization Mania: Her Novel Antitrust Assault Against Qualcomm Is an Abuse of Antitrust Theory
Richard A. Epstein, Laurence A. Tisch Professor of Law, The New York University School of Law.
"The consequences of the FTC’s misclassification of its case against Qualcomm is serious in that it tends to suppress the competition and innovation that the antitrust laws are supposed to advance."
Digital Platforms and Antitrust Law
Keith N. Hylton, Professor of Law, Boston University Law School.
"This Article is about big data and antitrust law. . . . This Article takes a broad brush to the topic and sweeps in non-competition issues where relevant."