By Victoria S. Kolakowski*

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Introduction

One of the joys and hazards of teaching a class on cutting-edge constitutional law issues is that the U.S. Supreme Court can surprise us with decisions that take unexpected paths.

This occurred in the summer of 2021 when the Court issued its opinion in Fulton v. City of Philadelphia and did not address a crucial issue queued up by the parties: whether the Court would directly address the holding of Employment Division, Department of Human Resources of Oregon v. Smith.[1] I prepared the syllabus of my course, “Equality and Religious Freedom,” with the expectation that Fulton would be the capstone and finally announce the new legal regime in religious freedom. This essay addresses the history of Smith, why the Court deferred taking Smith head-on in Fulton, and what the Court might choose to do in the future.

Continue reading “Whither Smith?” →

By Charles Belle* & Michele Neitz*

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Introduction

One evening in 2018, Professor Michele Neitz sat in a law school classroom surrounded by judges. She was teaching a workshop on the basics of blockchain technology. When the discussion turned to cryptocurrency, one judge raised his hand and asked, “But where does cryptocurrency actually live? Can I hold it in my hand?” Professor Neitz answered, “No, blockchain is a digital technology, and cryptocurrency is a digital asset.” The judge sat back, shook his head, and replied, “Nope. If I can’t touch it, it isn’t real.”

The judge’s feelings about cryptocurrency are understandable. Blockchain can, at best, feel like something that might only be used in video games. Blockchain technology, however, is not an abstract concept. People use the technology in the same way they use their phones and smartwatches to pay for coffee or board a plane: invisible but relied upon. Like other everyday tools, blockchain has clear technical definitions and uses. For example, although only a small segment of the global population uses cryptocurrency, the market value is nearly $2 trillion at the time of this writing.[1]

Continue reading “Unraveling the Legal Maze: USF Law’s Blockchain Law for Social Good Center Explores the Intersection of Law and Emerging Technologies” →

Continue reading “The Hidden Shoals of Maritime Law: A Maritime Lawyer’s Navigational Chart for Shoreside Counsel” →

By Kevin Frazier* on April 10, 2024

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Many promote the importance of the Rule of Law.[1] Its maintenance, or lack thereof, can substantially affect a democracy: “If you can weaken the Rule of Law, you can weaken democracy,” explains Asha Rangappa.[2] Similarly, protection of the Rule of Law[3] can foster economic growth. In recent decades, international development efforts led by the World Bank, for instance, have included investments in the Rule of Law.[4] Finally, the Rule of Law can facilitate societal well-being. As pointed out by Cass Sunstein, “When cases are settled in advance, people are able to plan their affairs and to do so with knowledge of what government may and may not do.”[5]

Continue reading “The Rise of the Interdisciplinary Lawyer: Defending the Rule of Law in the Age of AI” →