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Articles 1 - 9 of 9
Full-Text Articles in Law
Program, Emory Law Journal
Program, Emory Law Journal
Randolph W. Thrower Symposium
In light of recent global events, the 2017 Thrower Symposium panelists explored a vast array of issues and threats confronting our nation in the twenty-first century. These topics include cybersecurity, applicable law doctrines, corporate responsibility, new technologies and their effects on national security, immigration, domestic terrorism, and cross-border security. The breadth of these topics demonstrated the need for organized and thoughtful discussion.
Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd
Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd
Faculty Articles
In Part I, we introduce our earlier work on election cases and judicial partisanship before setting forth our new approach to studying the influence of law on judicial decisionmaking. We describe the special nature of the election cases in our database that allow more persuasive inferences of judicial partisanship than typically derived in empirical work on judicial behavior. We then explain our new approach for measuring case strength based on counterpartisan decisionmaking by judges. In Part II, we apply our approach to case strength to our dataset and present our results. In a nutshell, partisanship appears to matter as expected …
Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag
Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag
Faculty Articles
This Article explores the potential displacement of substantive copyright law in the increasingly important online environment. In 1998, Congress enacted a system of intermediary safe harbors as part of the Digital Millennium Copyright Act (DMCA). The internet safe harbors and the associated system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. More recently, private agreements between rightsholders and large commercial internet platforms have been made …
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Faculty Articles
The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …
Addressing The Retirement Crisis With Shadow 401(K)S, Deepa Das Acevedo
Addressing The Retirement Crisis With Shadow 401(K)S, Deepa Das Acevedo
Faculty Articles
The United States has been juggling a handful of socio-economic crises lately. The subprime mortgage crisis, the auto industry crisis, the education crisis, the obesity crisis—the list isn’t short and shows no signs of becoming so. Within this group of economically and socially disruptive developments, the “retirement crisis”—the idea that most Americans will lack the financial resources to be secure and relatively satisfied in their golden years—seems somewhat banal because, for the most part, it has yet to hit. Even though baby boomers first started to age out of the workforce in 2011,the real cost of underfunded retirement is far …
Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
Faculty Articles
American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest litigation can be returned …
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson
Faculty Articles
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …
Judicial Non-Delegation, The Inherent-Powers Corollary, And Federal Common Law, Alexander Volokh
Judicial Non-Delegation, The Inherent-Powers Corollary, And Federal Common Law, Alexander Volokh
Emory Law Journal
The non-delegation doctrine, with its demand that congressional delegations of power be accompanied by an ¿intelligible principle,¿ looks like it might impose some constraints on Congress¿s delegations of power, but a longstanding and often ignored branch of the doctrine provides that the intelligible-principle requirement is significantly relaxed when the delegate has independent authority over the subject matter. I call this the ¿Inherent-Powers Corollary.¿ Even when the delegate lacks independent authority over the subject matter, the intelligible-principle requirement is still relaxed when the subject of the delegation is interlinked with an area where the delegate has independent authority. I call this …
Invisible Bosses For Invisible Workers, Or Why The Sharing Economy Is Actually Minimally Disruptive, Deepa Das Acevedo
Invisible Bosses For Invisible Workers, Or Why The Sharing Economy Is Actually Minimally Disruptive, Deepa Das Acevedo
Faculty Articles
Because the idea that sharing economy companies operate as invisible bosses is central to many critiques of this new approach to labor exchange, Part I begins by explaining just what it is about their authority that makes it “invisible.” Part II extends this discussion to two earlier developments that, like the sharing economy, also significantly transformed the way Americans work: the franchise explosion of the 1950s and the spread of the independent contractor model in the late twentieth century. This article is the first to offer a detailed comparison of work practices used by sharing economy companies, franchises, and some …