Category: Past Issues

Kyle Orne. Under the Federal Employers’ Liability Act (“FELA”), lawyers win and everyone else loses. Essentially, FELA fails on two accounts: time and money. FELA is the exclusive remedy for claims by railroad employees against employers for injuries suffered on…

Megan M. La Belle. Congress, the Executive, and the Judiciary have all had “patent litigation abuse” on their minds recently. The concern is that too many frivolous patent suits are being filed and used to extract unwarranted settlements. The story…

Melissa Hamilton. A new arena inviting collaboration between the law and sciences has emerged in criminal justice. The nation’s economic struggles and its record-breaking rate of incarceration have encouraged policymakers to embrace a new penology which seeks to simultaneously curb…

Patrick Luff. This article takes a new approach to evaluating regulation of tobacco in general and the regulatory impact of the tobacco litigation in particular. Rather than viewing the tobacco litigation in isolation, regulation-through-litigation as an institutional response should be…

Kerry Lynn Macintosh. Imagine a scientist friend invites you to visit her research laboratory. She directs you to a cage. You see a small, furry creature with round ears and a long tail crouched in one corner of the cage.…

Sabrina Safrin. This article helps lay the foundation for a new field of international law—International Law and Technology—and opens novel avenues of inquiry in law and technology and intellectual property more broadly. It analyzes as a starting point why some…

Agnieszka McPeak. Social media has entered the mainstream as a go-to source for personal information about others, and many litigators have taken notice. Yet, despite the increased use of social media in informal civil discovery, little guidance exists as to…

Carrie A. Laliberte. This Comment examines the relationship between the National Oceanic and Atmospheric Administration’s (NOAA) newly proposed shark finning rule and existing state shark finning legislation. Specifically, the analysis concludes that the NOAA rule should not be adopted as…

Matthew L.M. Fletcher. Two theories of tribal government authority under federal Indian law—territory-based authority and consent-based authority—are at war. No theory is acceptable to either tribal governance advocates or their opponents. The war plays out most dramatically in conflicts over…

Trisha Farrow. On September 29, 2013, over ten million people viewed the series finale of AMC’s Emmy Award winning hit, Breaking Bad.1 The series followed Walter White, a high school chemistry teacher in New Mexico, and his family.2 When Walter…