Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

PDF

Discipline
Institution
Keyword
Publication Year
Publication

Articles 1 - 30 of 163006

Full-Text Articles in Law

The Odious Intellectual Company Of Authority Restricting Second Amendment Rights To The “Virtuous”, Royce De R. Barondes Apr 2021

The Odious Intellectual Company Of Authority Restricting Second Amendment Rights To The “Virtuous”, Royce De R. Barondes

Faculty Publications

To the woes of the victims of American over-criminalization, we can add deprivation of the suitable tools for self-defense during national emergency and civil unrest. Federal law disarms “unlawful users” of controlled substances (including medical marijuana), and imposes a permanent firearms ban on substantially all those with prior felony convictions. A notable exception is made for white-collar criminals with felony violations of antitrust and certain business practice statutes.

The constitutionality of these restrictions typically is founded on the view that one is tainted as “non-virtuous” for any serious criminal conviction, which includes any felony conviction. Using extensive sampling, this article ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti Apr 2021

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some within the LGBTQ+ community opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. On the other hand, LGBTQ+ proponents of same-sex marriage saw marriage as a civil rights issue because of the central importance of marriage in American society. They sensed a profound wrong in the denial of the benefits of ...


Environmental Law, Jocelyn Stacey Jan 2021

Environmental Law, Jocelyn Stacey

Faculty Publications

In commemoration of their 50th anniversary, this chapter examines the Federal Courts’ role in shaping environmental law in Canada. The chapter uses well-known environmental principles – the precautionary principle, sustainable development and access to (environmental) justice – as focal points for examining environmental law as well as the legal culture of the Federal Courts. The chapter identifies four distinct interpretive roles that the Federal Courts have ascribed to the precautionary principle and it argues that three of these roles have the potential to generate more coherent and transparent doctrine that upholds the rule of law in the environmental context. In contrast, chapter ...


Codetermination In Theory And Practice, Grant M. Hayden, Matthew T. Bodie Jan 2021

Codetermination In Theory And Practice, Grant M. Hayden, Matthew T. Bodie

All Faculty Scholarship

A system of shared corporate governance between shareholders and workers, codetermination has been mostly ignored within the U.S. corporate governance literature. When it has made an appearance, it has largely served as a foil for shareholder primacy and an example of corporate deviance. However, over the last twenty years—and especially in the last five—empirical research on codetermination has shown surprising results as to the system’s efficiency, resilience, and benefits to stakeholders. This Article reviews the extant American legal scholarship on codetermination and provides a fresh look at the current state of codetermination theory and practice. Rather ...


Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney Jan 2021

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney

Articles

In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena – tax exemption. I argue that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision making is the most fundamental value of political justice ...


Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison Jan 2021

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Articles

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.


Laboratories Of Exclusion: Medicaid, Federalism & Immigrants, Medha D. Makhlouf Dec 2020

Laboratories Of Exclusion: Medicaid, Federalism & Immigrants, Medha D. Makhlouf

Faculty Scholarly Works

Forthcoming Dec. 2020

Medicaid’s cooperative federalism structure gives states significant discretion to include or exclude various categories of immigrants. This has created extreme geographic variability in immigrants’ access to health coverage. This Article describes federalism’s role in influencing state policies on immigrant eligibility for Medicaid and its implications for national health policy. Although there are disagreements over the extent to which public funds should be used to subsidize immigrant health coverage, this Article reveals that decentralized policymaking on immigrant access to Medicaid has weakened national health policy. It has failed to incentivize the type of state policy experimentation ...


Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan Dec 2020

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

Articles

Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in ...


The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law Oct 2020

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.


How To Fix Legal Scholarmush, Adam J. Kolber Oct 2020

How To Fix Legal Scholarmush, Adam J. Kolber

Faculty Scholarship

No abstract provided.


A Bibliography Of Faculty Scholarship, Law Library Oct 2020

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Vol. 59, No. 05 (September 21, 2020) Sep 2020

Vol. 59, No. 05 (September 21, 2020)

Indiana Law Annotated

No abstract provided.


Backgrounder To The Accompanying Report ‘’’Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?”, Cynthia Williams Sep 2020

Backgrounder To The Accompanying Report ‘’’Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?”, Cynthia Williams

Canada Climate Law Initiative

No abstract provided.


Poverty Lawgorithms A Poverty Lawyer’S Guide To Fighting Automated Decision-Making Harms On Low-Income Communities, Michele E. Gilman Sep 2020

Poverty Lawgorithms A Poverty Lawyer’S Guide To Fighting Automated Decision-Making Harms On Low-Income Communities, Michele E. Gilman

All Faculty Scholarship

Automated decision-making systems make decisions about our lives, and those with low-socioeconomic status often bear the brunt of the harms these systems cause. Poverty Lawgorithms: A Poverty Lawyers Guide to Fighting Automated Decision-Making Harms on Low-Income Communities is a guide by Data & Society Faculty Fellow Michele Gilman to familiarize fellow poverty and civil legal services lawyers with the ins and outs of data-centric and automated-decision making systems, so that they can clearly understand the sources of the problems their clients are facing and effectively advocate on their behalf.


Vol. 59, No. 04 (September 14, 2020) Sep 2020

Vol. 59, No. 04 (September 14, 2020)

Indiana Law Annotated

No abstract provided.


The Irony Of Health Care’S Public Option, Allison K. Hoffman Sep 2020

The Irony Of Health Care’S Public Option, Allison K. Hoffman

Faculty Scholarship at Penn Law

The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.

Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act ...


Religious Liberty In A Pandemic, Caroline Mala Corbin Sep 2020

Religious Liberty In A Pandemic, Caroline Mala Corbin

Duke Law Journal Online

The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.


Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker Sep 2020

Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker

Faculty Scholarship at Penn Law

Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. Within that thought, insurance is conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal, among other reasons because it explains how tort law might achieve in practice the objectives of tort theory. This ideal type also supports a restrictive vision of liability-based regulation that opposes expansions and supports cutbacks, on the grounds that uncertainty poses an existential threat to insurance markets.

Prior work ...


Vol. 59, No. 03 (September 7, 2020) Sep 2020

Vol. 59, No. 03 (September 7, 2020)

Indiana Law Annotated

No abstract provided.


Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn Sep 2020

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus ...


Rethinking Mistake In The Age Of Algorithms, Vincent Ooi, Kian Peng Soh Sep 2020

Rethinking Mistake In The Age Of Algorithms, Vincent Ooi, Kian Peng Soh

Research Collection School Of Law

In our previous note: Cryptocurrencies and Code before the Courts ((2019) 30(3) King’s Law Journal 331 - 337), we discussed the Singapore International Commercial Court (High Court)’s decision in B2C2 Ltd v Quoine Pte Ltd. The case subsequently went on appeal, and the Singapore International Commercial Court (Court of Appeal), by a majority, affirmed the decision of the lower court in Quoine v B2C2 (“Quoine”). The case of Quoine represents the first time an apex court in the Commonwealth has ruled on the applicability of contractual principles to situations involving automated trading software. In our recent case note ...


Trafficking To The Rescue?, Julie Dahlstrom Sep 2020

Trafficking To The Rescue?, Julie Dahlstrom

Faculty Scholarship

Since before the dawn of the #MeToo Movement, civil litigators have been confronted with imperfect legal responses to gender-based harms. Some have sought to envision and develop innovative legal strategies. One new, increasingly successful tactic has been the deployment of federal anti-trafficking law in certain cases of domestic violence and sexual assault. In 2017, for example, victims of sexual assault filed federal civil suits under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) against Hollywood producer Harvey Weinstein. Plaintiffs argued that the alleged sexual assault conduct amounted to “commercial sex acts” and sex trafficking. Other plaintiffs’ lawyers have similarly invoked trafficking ...


‘Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?, Cynthia Williams Sep 2020

‘Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?, Cynthia Williams

Canada Climate Law Initiative

The Canada Pension Plan (CPP) is one of the world’s largest public pension funds, with $409.5 billion in assets under management as of March 31, 2020. The mandate of the CPP Investment Board (CPPIB) is to manage the funds of the CPP in the best interests of Canadian Pension Plan contributors and beneficiaries, and to maximize investment returns without undue risk of loss. As CPP Investments CEO and President Mark Machin has recently observed, “our investment mandate and professional governance insulate our decision-making from short term distortions and gives us license to help shape the long-term future.” (In ...


Interagency Merger Review In Labor Markets, Hiba M. Hafiz Sep 2020

Interagency Merger Review In Labor Markets, Hiba M. Hafiz

Boston College Law School Faculty Papers

As empirical evidence of labor market concentration mounts, academics and policymakers advanced proposals to challenge or reverse its effects on workers’ wages and labor market options. Prominent among these is more aggressive review of the labor market effects of mergers by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). This Essay argues for an alternative intervention: because placing exclusive jurisdiction over the labor market effects of mergers in the DOJ and FTC will be fundamentally limited for historical, doctrinal, institutional, and expertise-based reasons and as a matter of prophylactic policy, the National Labor Relations Board (“NLRB”) should ...


Swinging Shale: Shale Oil, The Global Oil Market, And The Geopolitics Of Oil, Inwook Kim Sep 2020

Swinging Shale: Shale Oil, The Global Oil Market, And The Geopolitics Of Oil, Inwook Kim

Research Collection School of Social Sciences

Is shale oil “revolutionizing” the global oil market and the geopolitics of oil? If so, how? While two aspects of the shale boom—a new source of supply and a cause for the price collapse in 2014–2015—dominate the conventional wisdom, I argue that the most revolutionary change is the least understood aspect of shale oil—shale oil producers’ rise as new swing suppliers due to its unique extraction technique and cost structure. Shale oil producers also differ from traditional swing producers in motives, contexts, and an amount of accessible excess capacity such that while shale oil lowers the ...


Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones Sep 2020

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand ...


Tax Complexity And Technology, David Walker Sep 2020

Tax Complexity And Technology, David Walker

Faculty Scholarship

The federal income tax code has become increasingly complex over time with the implication that many taxpayers no longer understand the connection between their life decisions and their taxes. Some commentators have suggested that increasing computational complexity may be attributable in part to the proliferation of tax preparation software that renders such complexity manageable at filing time, but otherwise does nothing to mitigate the “black box” nature of the tax system. While such complexity and opacity undercut explicit incentives embedded in the Code, make planning more difficult, and undermine political accountability for taxes, they may also reduce the inefficient distortion ...


Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela Sep 2020

Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela

Columbia Center on Sustainable Investment Staff Publications

The Nigerian National Petroleum Corporation’s (NNPC) persistent governance challenges have both hampered Nigeria’s oil sector development and deprived the country of public resources. The oil, climate, and COVID-19 crises and the ramp-up of the low-carbon transition exacerbate this reality, with the national oil company (NOC) delivering sub-optimal returns to its stakeholders.

Other NOCs have taken meaningful steps to become players in the low-carbon energy transition domestically or in­ternationally – for example, Sau­di Arabia’s Saudi Aramco, Norway’s Equinor, Brazil’s Petrobras, Malaysia’s Petronas, and Algeria’s Sonatrach. These NOCs can serve as sources of inspiration ...


Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber Sep 2020

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that strategizing ...


September 2020 Newsletter Sep 2020

September 2020 Newsletter

Ergo

No abstract provided.