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Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr May 2020

Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr

Faculty Scholarship

Aaron Burr Jr. (Class of 1772), the third Vice President of the United States, fathered two children by a woman of color from Calcutta, India. Their son, John Pierre Burr (1792-1864), would become an activist, abolitionist, and conductor on the Underground Railroad.


From “Mind Playing Tricks On Me” To “Trauma”: Adverse Childhood Experiences And Hip Hop’S Prescription, André Douglas Pond Cummings, Caleb Gregory Conrad Apr 2020

From “Mind Playing Tricks On Me” To “Trauma”: Adverse Childhood Experiences And Hip Hop’S Prescription, André Douglas Pond Cummings, Caleb Gregory Conrad

Faculty Scholarship

Over the past two decades, research focused on the causes and the lasting impact of Adverse Childhood Experiences, or ACEs, has been changing the way researchers, healthcare providers, and advocates approach areas like mental health, risky behaviors, and chronic disease. Numerous studies have produced and solidified results that present three undeniable truths:

(1) the vast majority of Americans have experienced some form of trauma in their childhood,

(2) people with low income or educational attainment and people of color experience increased instances of childhood trauma and adversity, and

(3) the more childhood trauma an individual experiences, the higher the risk ...


The Elastic Meaning(S) Of Human Trafficking, Julie Dahlstrom Apr 2020

The Elastic Meaning(S) Of Human Trafficking, Julie Dahlstrom

Faculty Scholarship

What is human trafficking? When is an expansive definition of trafficking justifiable? How does trafficking relate to other concepts—like domestic violence, sexual assault, labor exploitation, and prostitution—with which it often overlaps? These questions have become increasingly salient after the U.S. Congress defined the crime of human trafficking in the Victims of Trafficking and Violence Protection Act of 2000 (“TVPA”). Since then, all fifty states have passed legislation with varying definitions of the crime. Congress also has re-entered the field with subsequent legislation, expanding the crime to capture new conduct.

As a result of legislative advocacy and judicial ...


Federal Rules Of Platform Procedure, Rory Van Loo Apr 2020

Federal Rules Of Platform Procedure, Rory Van Loo

Faculty Scholarship

Tech platforms serve as private courthouses for disputes about speech, lodging, commerce, elections, and reputation. After receiving allegations of defamatory content in top search results, Google must decide between protecting one person’s public image and another’s profits or speech. Amazon adjudicates disputes between consumers and third-party merchants about defective or counterfeit items. For many small businesses, layoffs and bankruptcy hang in the balance. This Article uncovers the processes that these platforms use to resolve disputes, and proposes reforms. Other powerful businesses that intermediate, such as credit card companies ruling on a disputed charge between a merchant and consumer ...


The New Gatekeepers: Private Firms As Public Enforcers, Rory Van Loo Apr 2020

The New Gatekeepers: Private Firms As Public Enforcers, Rory Van Loo

Faculty Scholarship

The world’s largest businesses must routinely police other businesses. By public mandate, Facebook monitors app developers’ privacy safeguards, Citibank audits call centers for deceptive sales practices, and Exxon reviews offshore oil platforms’ environmental standards. Scholars have devoted significant attention to how policy makers deploy other private sector enforcers, such as certification bodies, accountants, lawyers, and other periphery “gatekeepers.” However, the literature has yet to explore the emerging regulatory conscription of large firms at the center of the economy. This Article examines the rise of the enforcer-firm through case studies of the industries that are home to the most valuable ...


Crisis? Whose Crisis?, Jack Beermann Mar 2020

Crisis? Whose Crisis?, Jack Beermann

Faculty Scholarship

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and ...


Bigotry, Civility, And Reinvigorating Civic Education: Government's Formative Task Amidst Polarization, Linda Mcclain Mar 2020

Bigotry, Civility, And Reinvigorating Civic Education: Government's Formative Task Amidst Polarization, Linda Mcclain

Faculty Scholarship

In the U.S. and around the globe, concerns over a decline in civility and tolerance and a surge in lethal extremist violence motivated by hatred of religious and racial groups make condemning—and preventing—hatred and bigotry seem urgent. What meaning can the ideal of e pluribus unum (“out of many one”) have in this fraught and polarized environment? Within the U.S., a long line of jurists, politicians, and educators have invoked civic education in public schools as vital to preserving constitutional democracy and a healthy pluralism. How can schools carry out such a civic role in times ...


Deconstructing Foundational Principles Of Trusts And Estates Law, Sergio Pareja Feb 2020

Deconstructing Foundational Principles Of Trusts And Estates Law, Sergio Pareja

Faculty Scholarship

REVIEW: Naomi R. Cahn, Dismantling the Trusts and Estates Canon, 2019 Wis. L. Rev. 165 (2019).

All areas of the law have certain foundational principles or beliefs that are widely shared. These underlying assumptions often go unchallenged. In the trusts and estates field, these principles include: (1) giving a certain amount of ongoing control to the transferor, or in the case of a decedent, to the “dead hand,” (2) respect for formality, (3) the importance of the traditional, legally-recognized family, and (4) the “wealth” narrative that focuses on the transmission of conventional forms of wealth.

In her thought-provoking article, Professor ...


Brief Of Jeffrey D. Kahn As Amicus Curiae In Support Of Respondents (Tanzin V. Tanvir), Jeffrey Kahn Feb 2020

Brief Of Jeffrey D. Kahn As Amicus Curiae In Support Of Respondents (Tanzin V. Tanvir), Jeffrey Kahn

Faculty Scholarship

This is an amicus brief filed in the United States Supreme Court in support of the respondents in Tanzin v. Tanvir, a case concerning the Religious Freedom Restoration Act and allegations of egregious conduct by FBI agents retaliating against individuals who resist their encouragement to become informants in their religious communities by using the No Fly List.


Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr. Feb 2020

Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.

Faculty Scholarship

This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).

The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to ...


Developmental Justice And The Voting Age, Katharine Silbaugh Feb 2020

Developmental Justice And The Voting Age, Katharine Silbaugh

Faculty Scholarship

Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco (18 to 21); driving (16 to 18); and obtaining support from the foster care system (18 to 21). Child welfare advocates are fighting the harms of Adultification, meaning the projection of adult capacities, responsibilities, and consequences onto minors. In legal and social history, seeing ...


Slave Hounds And Abolition In The Americas, Tyler D. Parry, Charlton W. Yingling Feb 2020

Slave Hounds And Abolition In The Americas, Tyler D. Parry, Charlton W. Yingling

Faculty Scholarship

The lash and shackles remain two primary symbols of material degradation fixed in the historical memory of slavery in the Americas. Yet as recounted by states, abolitionists, travellers, and most importantly slaves themselves, perhaps the most terrifying and effective tool for disciplining black bodies and dominating their space was the dog. This article draws upon archival research and the published materials of former slaves, novelists, slave owners, abolitionists, Atlantic travelers, and police reports to link the systems of slave hunting in Cuba, Jamaica, Haiti, and the US South throughout the eighteenth and nineteenth centuries. Slave hounds were skillfully honed biopower ...


Koab Interviews Joshua Kastenberg About The Impeachment Process (Us Senators Discuss Impartiality During Impeachment Trial), Joshua E. Kastenberg, Patrick Hayes Jan 2020

Koab Interviews Joshua Kastenberg About The Impeachment Process (Us Senators Discuss Impartiality During Impeachment Trial), Joshua E. Kastenberg, Patrick Hayes

Faculty Scholarship

UNM law professor Joshua Kastenberg said jurors in the Senate are different than jurors in a traditional courtroom. "Members of the United States Senate have a great deal of immunity while they're working in the scope of their duties," Kastenberg said. "And what I mean by immunity, they're immune from criminal indictments of various natures, immune from civil suits as long as it's within the scope of their duties and so a violation of the oath of office is really going to be addressed by the voters."


Arcing Towards Justice: Dr. King’S 2020 Vision, Sonia Gipson Rankin Jan 2020

Arcing Towards Justice: Dr. King’S 2020 Vision, Sonia Gipson Rankin

Faculty Scholarship

Professor Gipson Rankin discusses the Rev. Dr. Martin Luther King’s journey, the experiences that shaped his worldviews, and how we can use these ideas to create a strong future for everyone. She connects Dr. King’s work to artificial intelligence and equality.

If the media player is not working, go directly to the video on the Sandia National Laboratories Mediasite.


The Art Of The Real: Fact Checking As Information Literacy Instruction, Jamie Addy Jan 2020

The Art Of The Real: Fact Checking As Information Literacy Instruction, Jamie Addy

Faculty Scholarship

The purpose of this paper is to discuss how academic librarians tasked with research instruction can use connections between digital, civic and information literacy to combat polarization and misinformation through skill-based instruction.


Ecological Investigations: A Phenomenology Of Habitats, Adam Konopka Jan 2020

Ecological Investigations: A Phenomenology Of Habitats, Adam Konopka

Faculty Scholarship

These investigations identify and clarify some basic

assumptions and methodological principles involved in

ecological explanations of plant associations. How are

plants geographically distributed into characteristic groups?

What are the basic conditions that organize groups of

interspecific plant populations that are characteristic of

particular kinds of habitats? Answers to these questions

concerning the geographical distribution of plants in late

19th century European plant geography and early 20th

century American plant ecology can be distinguished

according to differing logical assumptions concerning the

habitats of plant associations.


How I Learned To Drive Teaching Tips, Graley Herren Jan 2020

How I Learned To Drive Teaching Tips, Graley Herren

Faculty Scholarship

Tips for teaching Paula Vogel's play How I Learned to Drive


Detecting Corporate Environmental Cheating, Seema Kakade, Matt Haber Jan 2020

Detecting Corporate Environmental Cheating, Seema Kakade, Matt Haber

Faculty Scholarship

As evidenced by the Volkswagen diesel emissions scandal, corporations cheat on environmental regulations. Such scandals have created a surge in the academic literature in a wide range of areas, including corporate law, administrative law, and deterrence theory. This article furthers that literature by focusing on one particular area of corporate cheating—the ability to learn of the cheating in the first place. Detecting corporate cheating requires significant information about corporate behavior, activity, and output. Indeed, most agencies have broad statutory authority to collect such information from corporations, through targeted records requests, and inspection. However, authority is different from ability. The ...


Anticipating Venezuela’S Debt Crisis: Hidden Holdouts And The Problem Of Pricing Collective Action Clauses, Robert E. Scott, Stephen J. Choi, Mitu Gulati Jan 2020

Anticipating Venezuela’S Debt Crisis: Hidden Holdouts And The Problem Of Pricing Collective Action Clauses, Robert E. Scott, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

A creditor who asks for stronger enforcement rights upon its debtor’s default will rationally accept a lower interest rate reflecting the greater expected recovery the exercise of those rights provides. Over a dozen studies, however, have failed to document this basic relationship in the context of the collective action clause, a key provision in sovereign bonds. We conjecture that this failure is because enforcing the rights in question requires collective decision-making among anonymous creditors with different interests, impeding market predictions regarding future price effects. The pricing of rights that require collective enforcement thus turns on whether the market observes ...


Institutional Choice And Targeted Killing: A Comparative Perspective, Elad D. Gil Jan 2020

Institutional Choice And Targeted Killing: A Comparative Perspective, Elad D. Gil

Faculty Scholarship

For over a decade, the use of targeted killing has been one of the most controversial issues in counterterrorism policy and law. One longstanding debate over this tactic concerns the allocation of decision-making and oversight authority among the branches of government. As attempts to settle this debate through textual and historical sources yield indeterminant answers, scholars tend to examine them through a functionalist prism, asking what institutional structures best serve the interests of national security while ensuring adequate accountability and preventing unnecessary force.

This article, retaining that functionalist framing of that issue, will approach the question through a comparative law ...


Board Compliance, John Armour, Brandon Garrett, Jeffrey Gordon, Geeyoung Min Jan 2020

Board Compliance, John Armour, Brandon Garrett, Jeffrey Gordon, Geeyoung Min

Faculty Scholarship

What role do corporate boards play in compliance? Compliance programs are internal enforcement programs, whereby firms train, monitor and discipline employees with respect to applicable laws and regulations. Corporate enforcement and compliance failures could not be more high-profile, and have placed boards in the position of responding to systemic problems. Both case law on boards’ fiduciary duties and guidance from prosecutors suggest that the board should have a continuing role in overseeing compliance activity. Yet very little is actually known about the role of boards in compliance. This paper offers the first empirical account of public companies’ engagement with compliance ...


Race Decriminalization And Criminal Legal System Reform, Michael Pinard Jan 2020

Race Decriminalization And Criminal Legal System Reform, Michael Pinard

Faculty Scholarship

There is emerging consensus that various components of the criminal legal system have gone too far in capturing and punishing masses of Black men, women, and children. This evolving recognition has helped propel important and pathbreaking criminal legal reforms in recent years, with significant bipartisan support. These reforms have targeted the criminal legal system itself. They strive to address the pain inflicted by the system. However, by concerning themselves solely with the criminal legal system, these reforms do not confront the reality that Black men, women, and children will continue to be devastatingly overrepresented in each stitch of the system ...


Speech Inequality After Janus V. Afscme, Charlotte Garden Jan 2020

Speech Inequality After Janus V. Afscme, Charlotte Garden

Faculty Scholarship

This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.The Article has two Parts. In Part I, I explain how the Court reached its decision ...


Avoidance Creep, Charlotte Garden Jan 2020

Avoidance Creep, Charlotte Garden

Faculty Scholarship

At first glance, constitutional avoidance—the principle that courts construe statutes so as to avoid conflict with the Constitution whenever possible—appears both unremarkable and benign. But when courts engage in constitutional avoidance, they frequently construe statutory language in a manner contrary to both its plain meaning and to the underlying congressional intent. Then, successive decisions often magnify the problems of avoidance—a phenomenon I call “avoidance creep.” When a court distorts a statute in service of constitutional avoidance, a later court may amplify the distortion, incrementally changing both statutory and constitutional doctrine in ways that are unsupported by any ...


Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel Jan 2020

Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations. The framework has survived in no small part because government institutions have themselves played an important role in helping to fill in and clarify the framework through their practices and interactions, informed by the realities of governance. Courts, the political branches, and academic commentators commonly give weight to ...


Declining Corporate Prosecutions, Brandon L. Garrett Jan 2020

Declining Corporate Prosecutions, Brandon L. Garrett

Faculty Scholarship

In the aftermath of the Global Financial Crisis, people across the United States protested that "too big to jail" banks were not held accountable after the financial crisis. Little has changed. Newly collected data concerning enforcement during the Trump Administration has made it possible to assess what impact a se­ries of new policies has had on corporate enforcement. To provide a snapshot comparison, in its last twenty months, the Obama Administration levied $I4.15 billion in total corporate penalties by prosecuting seventy-one financial institu­tions and thirty-four public companies. During the first twenty months of the Trump Administration, corporate ...


The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney Jan 2020

The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney

Faculty Scholarship

This Essay christens a new canon into the doctrines of statutory interpretation, one that can counter the too-powerful canon that has courts imposing norms against redundancy in their readings of statutes. Judges engaging in statutory interpretation must do a better job of recognizing how and why legislatures choose not to draft with perfect parsimony. Our Essay highlights the multifarious ways legislatures in federal and state governments self-consciously and thoughtfully – rather than regrettably and lazily – think about employing “belt-and-suspenders” efforts in their drafting practices. We then analyze in depth courts’ disparate efforts to integrate a belt-and-suspenders canon into their thinking about ...


The Mainstreaming Of Sex Workers' Rights As Human Rights, Chi Adanna Mgbako Jan 2020

The Mainstreaming Of Sex Workers' Rights As Human Rights, Chi Adanna Mgbako

Faculty Scholarship

No abstract provided.


The Costs And Benefits Of Forensics, Brandon L. Garrett Jan 2020

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward ...


Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron Jan 2020

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron

Faculty Scholarship

Fiction and visual representations can alter our understanding of human experiences and struggles. They help us understand human frailties and suffering in a visceral way. Nick Drnaso’s graphic novel Sabrina does that in spades. In Sabrina, a woman is murdered by a misogynist, and a video of her execution is leaked. Conspiracy theorists deem her murder a hoax. A cyber mob smears the woman’s loved ones as crisis actors, posts death threats, and spreads their personal information. The attacks continue until a shooting massacre redirects the cyber mob’s wrath to other mourners. Sabrina captures the breathtaking velocity ...