Digital Commons Network^™

“Community Guidelines”: The Legal Implications Of Workplace Conditions For Internet Content Moderators, Anna Drootin

Fordham Law Review

Content moderation is the internet’s not-so-secret, dirty little secret. Content moderators are working around the world, and around the clock, to scrub the internet of horrific content. Most moderators work for low pay and with little or no health care benefits. The content they are exposed to leaves them vulnerable to a number of different mental health issues, including post-traumatic stress disorder. Their work is often hidden from users and is de-emphasized by the technology industry. This Note explores potential solutions to the labor and employment issues inherent in content moderation work and suggests that there could be a path …

Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard

Florida Journal of International Law

No abstract provided.

The Case For Complicity-Based Religious Accomodations, Joshua Craddock

Tennessee Journal of Law and Policy

No abstract provided.

State Sponsored Radicalization, Sahar F. Aziz

Michigan Journal of Race and Law

Where was the FBI in the months leading up to the violent siege on the U.S. Capitol in 2021? Among the many questions surrounding that historic day, this one reveals the extent to which double standards in law enforcement threaten our nation’s security. For weeks, Donald Trump’s far right-wing supporters had been publicly calling for and planning a protest in Washington, D.C. on January 6, the day Congress was to certify the 2021 presidential election results. Had they been following credible threats to domestic security, officials would have attempted to stop the Proud Boys and QAnon from breaching the Capitol …

The Pigouvian Constitution, Peter N. Salib

University of Chicago Law Review

How can lawmakers reduce the skyrocketing rate of gun deaths in the United States? How can they stymie the spread of viral fake news stories designed to under-mine our elections? Certain constitutionally protected activities—like owning a gun or speaking online—can generate social harms. Yet when lawmakers enact regulations to reduce those harms, they are regularly struck down as unconstitutional. In-deed, the very laws designed to most aggressively reduce social harms—like total criminal bans—are the least likely to be upheld. As a result, regulators appear stuck with an unpleasant choice—regulate constitutionally or effectively, but not both.

This Article proposes a novel …

Unleashing Pets From Dead-Hand Control, Kaity Y. Emerson, Kevin Bennardo

Nevada Law Journal

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Notre Dame Journal on Emerging Technologies

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …

Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse

Dalhousie Law Journal

In the 1997 RDS case, the Supreme Court of Canada deliberated on the concept of judicial race bias. The decision subjected the oral ruling of a lower court trial judge in a busy Youth Court to close scrutiny. The majority of the nine-person, all-white bench reprimanded Canada’s first Black female judge, whose words about police officers who “overreact” in dealing with racialized youth they found “troubling” and “worrisome.” This article places the same close scrutiny on the words of the white judges who were most critical of the trial judge. It examines their informal interjections and comments at the Supreme …

Addressing Vaccination Hesitancy, Savannah Young

University of Miami International and Comparative Law Review

This note examines the United States’ vaccination policy in comparison to other countries’ policies. Throughout Europe and in certain states in the United States, vaccination requirements are tightening, and citizens are expected to comply with more stringent requirements. The past year has brought new outbreaks of vaccine-preventable diseases in the United States and Europe, which has led to a push against the anti-vaccine movement and for stronger vaccination policies. However, the likelihood of a federally mandated immunization program emerging in the United States, like those in Europe and China, is low. The best policies to encourage vaccination compliance are to …

Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …

Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon

Penn State Journal of Law & International Affairs

No abstract provided.

Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips

William & Mary Journal of Race, Gender, and Social Justice

This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …

Sexual Orientation And Gender Identity, Mark E. Wojcik

The Year in Review

No abstract provided.

How The Conflict Between Anti-Boycott Legislation And The Expressive Rights Of Business Endangers Civil Rights And Antidiscrimination Laws, Debbie Kaminer, David Rosenberg

University of Richmond Law Review

This Article examines how opponents of anti-BDS laws may extend First Amendment rights in the business context to a point at which they actually threaten the validity of much antidiscrimination legislation. Part I discusses the BDS movement and state-based initiatives that attempt to penalize businesses that actively engage in a boycott of Israel. It examines the handful of cases in which federal courts have addressed the constitutionality of laws that require state contractors to affirm that they are not actively boycotting that country. Part II transitions to a discussion of the ways the Supreme Court has historically resolved conflicts between …

Organizing A Business Law Department Within A Law School, William J. Carney

University of Colorado Law Review Forum

No abstract provided.

Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend

St. John's Law Review

(Excerpt)

Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new landscape in which a liberal consensus simply cannot be assumed. From the left, socialist and identity-based critiques of liberalism have called into question core liberal assumptions regarding procedural justice, the division between public and private realms, and the rights of individuals. From the right, an increasingly vocal group of conservatives is questioning classical liberalism’s commitment to limited government, a free market, and individual rights in favor of a vision of political community …

Pandemic Pirates: An Essay Calling For Legislation Curbing Pandemic Profiteering, Gregory Smith

Lincoln Memorial University Law Review Archive

No abstract provided.

Expedited Removal And Habeas Corpus: How A Recent Supreme Court Ruling, Combined With An Executive Order From Former President Trump Has Affected The Due Process Rights Of Illegal Immigrants Detailed For Expedited Removal, Roel Reyna

Lincoln Memorial University Law Review Archive

No abstract provided.

President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell

Fordham Law Review

No abstract provided.

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Towards A New Archimedean Point For Maternal Versus Fetal Rights?, Pnina Lifshitz-Aviram, Yehezkel Margalit

Louisiana Law Review

Some experts in the field have defined the year 2019 as “a critical time for abortion rights,” since during the first half of the year alone 19 American states enacted almost 60 abortion restrictions, including 26 abortion bans, and state legislators have introduced many more. This Article reevaluates whether these recent shifts may amount to a real legal tsunami that could yield a new Archimedean point for women’s and fetuses’ rights, or only a temporary and shallow wave, which will probably abate after the Trump presidency. After exploring in a nutshell the recent restrictive as well as liberal developments in …

Federal Architecture And First Amendment Limits, Jessica Rizzo

Washington Journal of Law, Technology & Arts

In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …

“Twixt Devil And Deep Sea”:William Empson As Poet-Critic, Essam Fattouh

BAU Journal - Society, Culture and Human Behavior

This paper attempts to offer a fresh examination of the relationship between Empson’s early career as a poet and his later erudite, largely influential, critical output. The theme of waste, which dominates his Collected Poems, partly accounts for his decision to abandon poetry, and invest his interest in complexity and ambiguity in a modernist/postmodernist procedure, way ahead of contemporary literary theory at the time. The theme of waste is further highlighted through readings of crucial key poems, as several critics of his time, such as Leavis and Alvarez, accurately signaled. The Empson canon is, thus, enriched, inviting the application of …

The Sovereign Citizen Movement: A Comparative Analysis With Similar Foreign Movements And Takeaways For The United States Judicial System, Mellie Ligon

Emory International Law Review

The Moorish Sovereign Citizens Movement began as an offshoot of the overarching Sovereign Citizens Movement in the United States in the 1990s by former followers of the Washitaw Nation and Moorish Science Temple of America. The Moorish Sovereign Citizens Movement follows an anti-government ideology, based in the idea the current American government is illegitimate and has been operating under false pretenses since as early as the 19th century. Though disagreement among the members of the movement regarding what spurred this covert change from a legitimate to an illegitimate government exists, examples of the different catalysts include the U.S. abandonment of …

Game On: The Epic Battle Between The Faa And The Nlra In Professional Sports After Epic Systems Corp. V. Lewis, Kurt Mcwilliams

Marquette Sports Law Review

No abstract provided.

International Vertical Equity, Adam H. Rosenzweig

Loyola University Chicago Law Journal

This Essay considers the role of equity in the international tax context. While much has been written about the importance of equity in the domestic context, the conversation around international tax has failed to recognize the importance of the concept of equity. While tax policy in the domestic context has historically prioritized equity over efficiency, tax policy in the international context has not equally prioritized equity, at least not in the same way. In particular, this Essay addresses this question by revisiting the classic and dominant theory of equity in international tax policy, inter-nation equity, and its traditional roots in …

Heir Hunting, David Horton, Reid Kress Weisbord

University of Pennsylvania Law Review

No abstract provided.

Is Sunlight The Best Disinfectant? Reassessing Beps Action 5’S Tax Ruling Transparency, Patrick Hasson

University of Pennsylvania Law Review

No abstract provided.