Rutgers University Law Review

Rutgers University Law Review The Rutgers University Law Review is the flagship journal at Rutgers Law School, publishing critical legal scholarship five times per year.

04/28/2023

Calls for bail reform have become stronger than ever throughout the past decade, and the new wave of bail reform, concerned with eliminating cash bail and biases, is bearing down on legislatures and judiciaries in every state. In her Note, Emily Grimaldi lays out the ways in which states can reform bail practices to protect both the rights of defendants pretrial, as well as the safety of domestic violence victims. Read the full article here:

04/27/2023

New Jersey’s Insurance Fair Conduct Act sought to level the playing field between insurance companies and policyholders by vastly expanding policyholders protections. Ultimately, it went even further to protect policyholders than the Model Unfair Claims Settlement Practices Act. In his article for the Rutgers University Law Review, Jeffrey Stempel examines the IFCA in the context of insurer-policyholder relations. He finds that, while IFCA is a strong step forward for policyholder rights, the legal landscape remains favorable to insurers, and more can be done to protect policyholders. Read the full article here:

04/26/2023

Following the Supreme Court's unanimous ruling in National Collegiate Athletic Association v. Alston, the legal landscape for rights of publicity in college sports has dramatically evolved. Both Congress and individual states have grappled with how to structure name, image, and likeness (NIL) laws — legislation that grants student athletes the opportunity to be compensated by selling their NIL rights. In "NCAA v. Alston: The Future of College Sports in The Name, Image, and Likeness Era," Austin Taylor explores the practical effect of the Alston decision on college sports and the current status of state and federal NIL regulation. Read more here:

04/25/2023

The Honorable Irving Kaufman graduated high school at age sixteen, completed college and law school in just five years, and became the “boy prosecutor” in the Southern District of New York at just twenty-four years old. Although he would go on to serve on the federal bench for more than half of his life, his career was defined by a single case. In his article, Rodger D. Citron explores many aspects of Judge Kaufman’s life and the legacy of the Rosenberg case. Read more here:

04/24/2023

In the wake of an increase in predatory litigation resulting from Title III of the Americans with Disabilities Act, Rutgers Law Review Publication Editor Connor Bradley explores the future of accessibility on the internet for those with physical and intellectual disabilities.
Bradley’s commentary, titled ‘The Impact of Recent Legislative and Judicial Actions on the Future of Website Accessibility,’ discusses recent attempts at solutions to this predatory litigation. Bradley lays out the current circuit split on interpreting ‘public accommodation’ within the meaning of Title III, elucidating the ‘intangible barrier’ standard introduced in Gil v. Winn-Dixie Stores, Inc. Additionally, Bradley discusses the ramifications of the Online Accessibility Act which lapsed with the expiration of the 2021-2022 congressional term.
At a glance, these legislative and judicial actions appear detrimental for people with disabilities. However, as Bradley explains, Gil and the Online Accessibility Act signal an improvement in internet accessibility for people with disabilities. He argues that a more uniform and clear system of internet compliance will ultimately improve accessibility and offers suggestions for future legislation that will achieve the same ends.
Read the full commentary here:

04/24/2023

The Violence Against Women Act (“VAWA”) was the first piece of federal legislation to recognize domestic violence, sexual assault, dating violence, and stalking as federal crimes, and as such was and is a great achievement for women in the United States. Given the staggering rates of violence against Native American women in particular, the Act’s most recent reauthorization, VAWA 2022, significantly increases the breadth of Tribal criminal jurisdiction over such crimes. In her article, Tamar Prince argues that VAWA 2022’s developments are constitutional, and that the restorative practices language embedded therein offers a novel jurisprudential perspective on justice for survivors that can improve the federal response to combating gender-based violence. Read full article here:

04/21/2023

In a recent decision, Liu v. SEC, the Supreme Court confirmed that an SEC disgorgement remedy may be considered equitable relief permissible by statute. As author Theresa Gabaldon demonstrates in the present article “Party Games: The Supreme Court’s 21st Century Jurisprudence by Telephone,” the Liu decision further enshrines the tendency of courts to characterize disgorgement as an equitable, rather than a punitive remedy. For decades, courts and legal commentators alike have had a propensity to confuse the question of whether a remedy is equitable with whether it is punitive. In rendering its decision in Liu, the Supreme Court has engaged in a common practice of courts picking up and repeating decontextualized quotations from precedent cases about the mutually exclusive nature of equitable and punitive remedies — a practice that Gabaldon refers to as “jurisprudence by soundbite,” much like a game of telephone. While specifically focusing on the jurisprudential methods used by the Court in Liu, Gabaldon argues that the equitable versus punitive question is the wrong inquiry for courts to embark on. Read the full article here:

04/21/2023

Have you ever watched a movie or read a book and wished that it had a different ending? For many fans of the Harry Potter series, the answer is yes. Thousands of creative Harry Potter fans have decided to put their own twist on the original works and write new stories about the wizarding world, known as fanfiction. With the growing popularity of fanfiction, author Kailea Swartz suggests that we are Rowling into a new age of copyright law and the fair use doctrine. Swartz argues for the legality of fanfiction and discusses how these transformative works have the potential to withstand copyright infringement claims from the original author. You can find the full article in Volume 74, Issue 5, here:

Please join us for our 11th Annual Alumni Reception Dinner on Wednesday, April 26! Remarks on Law Review's 75th Annivers...
04/21/2023

Please join us for our 11th Annual Alumni Reception Dinner on Wednesday, April 26! Remarks on Law Review's 75th Anniversary by Professor Ronald Chen, and featuring Distinguished Alumnus David Yawman and Keynote Speaker and Distinguished Alumna Hon. Renee Marie Bumb. Register now! Email [email protected] for details, registration, and sponsorship opportunities.

04/18/2023

Opponents of the administrative state characterize it as an unaccountable behemoth that regulates too frequently and pervasively. This characterization, however, lacks empirical backing. In their article for the Rutgers University Law Review, Jordan Carr Peterson and Nicholas G. Napolio examine regulatory productivity by looking at both the volume of agency regulations since the passage of the Administrative Procedures Act and regulatory trends over time. In the end, they find that the administrative state simply does not exert as much power as its critics claim. Read full article here:https://rutgerslawreview.com/wp-content/uploads/2023/04/03_Peterson_Napolio.pdf

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