2014

Susan A. Bandes & Jessica M. Salerno. The current framework for sorting the probative from the prejudicial considers emotion to be the hallmark of unfair prejudice. Emotions elicited by evidence are thought to “inflame” the jury and “cause them to abandon their mental…

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…

Reid Peyton Chambers. I want to begin by thanking my longtime friend and colleague Bob Clinton for his too generous introduction, and to Bob and the faculty at the Law School for inviting me to give this lecture in honor…

Annemarie Bridy. This article explores the evolution of the federal government’s civil asset forfeiture practices from the war on drugs in the 1980s and 1990s to the currently escalating war on intellectual property piracy. I argue that recent developments in…

Debra Pogrund Stark, Dr. Jessica M. Choplin, Dr. Joseph A. Mikels & Amber Schonbrun McDonnell. It was the best of loans, it was the worst of loans. For many seniors who are living on an inadequate fixed income with a…

Omari Scott Simmons. Keeping higher education affordable and accessible for many Americans is an integral part of furthering the public good. Although legal scholars have given considerable attention to K–12 educational disparities as well as the constitutionality and fairness of…