Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (12148)
- Social and Behavioral Sciences (11135)
- Indigenous, Indian, and Aboriginal Law (10697)
- Legal Education (10217)
- Criminal Law (7930)
-
- International Law (7065)
- Legislation (6634)
- Courts (6352)
- Environmental Law (6152)
- Civil Rights and Discrimination (5798)
- Health Law and Policy (5272)
- Arts and Humanities (5262)
- Law and Society (5233)
- Intellectual Property Law (5130)
- Legal Profession (4899)
- Administrative Law (4481)
- Legal History (4419)
- State and Local Government Law (4350)
- Business Organizations Law (4050)
- Law and Economics (3907)
- Criminal Procedure (3786)
- Public Affairs, Public Policy and Public Administration (3756)
- Labor and Employment Law (3626)
- Natural Resources Law (3479)
- Law and Gender (3360)
- Tax Law (3288)
- Human Rights Law (3273)
- Comparative and Foreign Law (3164)
- Jurisprudence (2982)
- Institution
-
- Brigham Young University Law School (32573)
- University of Oklahoma College of Law (8590)
- University of Minnesota Law School (5955)
- University of Michigan Law School (5734)
- University of Chicago Law School (5444)
-
- Maurer School of Law: Indiana University (4886)
- Columbia Law School (4751)
- Golden Gate University School of Law (4155)
- Duke Law (3849)
- William & Mary Law School (3840)
- Notre Dame Law School (3100)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2989)
- Boston University School of Law (2959)
- University of Colorado Law School (2859)
- Georgetown University Law Center (2809)
- University of Pennsylvania Carey Law School (2605)
- University of Georgia School of Law (2405)
- University of Kentucky (2379)
- American University Washington College of Law (2343)
- Yeshiva University, Cardozo School of Law (2115)
- Cornell University Law School (2062)
- Case Western Reserve University School of Law (2006)
- Washington and Lee University School of Law (1967)
- Singapore Management University (1942)
- Florida State University College of Law (1939)
- University of Maryland Francis King Carey School of Law (1935)
- University of Wollongong (1888)
- Duquesne University (1765)
- University of Richmond (1706)
- George Washington University Law School (1625)
- Keyword
-
- Law (2557)
- University of Michigan Law School (1885)
- Philosophy (1852)
- Theology (1623)
- Law students (1506)
-
- Constitutional law (1494)
- Law professors (1420)
- Supreme Court (1417)
- Law schools (1411)
- Curriculum (1403)
- Hallowed Secularism (1395)
- American Religious Democracy (1377)
- Politics (1297)
- United States (1274)
- International law (1202)
- Copyright (1177)
- Human rights (1173)
- Events (1168)
- Constitutional Law (1155)
- Legal education (1125)
- Newspapers (1086)
- Discrimination (1033)
- United States Supreme Court (1009)
- Criminal law (982)
- First Amendment (982)
- Race (976)
- History (957)
- LSU Student Government (922)
- Antitrust (920)
- Jurisprudence (910)
- Publication Year
- Publication
-
- Faculty Scholarship (19353)
- Articles (11118)
- American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 (8590)
- Faculty Publications (7273)
- Utah Court of Appeals Briefs (through 1995) (6781)
-
- Utah Court of Appeals Briefs (1996–2006) (6657)
- All Faculty Scholarship (5123)
- Scholarly Works (4289)
- Utah Supreme Court Briefs (cases filed before 1965) (4234)
- Utah Supreme Court Briefs (through 1999) (4057)
- Utah Court of Appeals Briefs (2007– ) (3950)
- Utah Supreme Court Briefs (1965 –) (3348)
- Minnesota Law Review (3291)
- Utah Supreme Court Briefs (2000– ) (3287)
- Journal Articles (3193)
- Articles by Maurer Faculty (2948)
- Publications (2408)
- Georgetown Law Faculty Publications and Other Works (2376)
- Cornell Law Faculty Publications (1833)
- Law Faculty Publications (1816)
- Scholarly Articles (1737)
- Articles in Law Reviews & Other Academic Journals (1732)
- Faculty Articles (1680)
- Research Collection Yong Pung How School Of Law (1667)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1665)
- GW Law Faculty Publications & Other Works (1618)
- Student Senate Enrolled Legislation (1527)
- Vanderbilt Law School Faculty Publications (1415)
- Hallowed Secularism (1395)
- Nevada Supreme Court Summaries (1349)
Articles 541 - 570 of 188698
Full-Text Articles in Law
Counseling Oppression, Angelo Petrigh
Counseling Oppression, Angelo Petrigh
Faculty Scholarship
Critical scholars and public defenders alike have grappled with the contradictions at the heart of counseling clients in a carceral system. Systems of oppression operate within the public defender - client relationship because the defender’s role in translating the law also enforces its inequities. Counseling can obscure the workings of the system, providing an illusion of choice despite privileging certain forms of knowledge and tactics.
But the counseling site is also where defenders become exposed to client’s lived experiences, encounter collectivist tactics, and critically examine the tension of their role in the system. Likewise, through counseling defenders can pull back …
Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Marc L. Roark, Lorna Fox O'Mahony
Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Marc L. Roark, Lorna Fox O'Mahony
Articles, Chapters in Books and Other Contributions to Scholarly Works
Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the …
Consumer Willingness-To-Pay For A Resilient Electrical Grid, Warigia M. Bowman, Dayton M. Lambert, Joseph T. Ripberger, Hank Jenkins-Smith, Carol L. Silva, Michael A. Long, Kuhika Gupta, Andrew Fox
Consumer Willingness-To-Pay For A Resilient Electrical Grid, Warigia M. Bowman, Dayton M. Lambert, Joseph T. Ripberger, Hank Jenkins-Smith, Carol L. Silva, Michael A. Long, Kuhika Gupta, Andrew Fox
Articles, Chapters in Books and Other Contributions to Scholarly Works
The research objective is to estimate consumer willingness to pay (WTP) for electricity grid fortification. Data are from a representative survey of Oklahoma citizens. Extreme weather events, aging utility infrastructure, increased demand for affordable energy, and terrorism threaten the safety and security of the way most citizens access electricity. This study is a first look at public willingness to support energy grid security measures in the United States Southern Great Plains. Findings suggest that consumers would pay an additional $14.69 in monthly utility bills for a fortified grid. This WTP estimate is close to a recent energy bill hike of …
One Year Post-Bruen: An Empirical Assessment, Eric Ruben, Rosanna Smart, Ali Rowhani-Rahbar
One Year Post-Bruen: An Empirical Assessment, Eric Ruben, Rosanna Smart, Ali Rowhani-Rahbar
Faculty Journal Articles and Book Chapters
In the year after New York State Rifle & Pistol Association v. Bruen, a steady stream of highly publicized opinions struck down a wide range of previously upheld gun restrictions. Courts declared unconstitutional policies ranging from assault weapon bans to domestic abuser prohibitions to various limits on publicly carrying handguns. Those opinions can frequently be paired with others reaching the opposite conclusion. The extent to which Bruen shook up the Second Amendment landscape and has caused widespread confusion in the courts is starting to come into focus.
This Essay measures Bruen’s aftereffects by statistically analyzing a year’s worth …
Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes
Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Over the course of a three-year, collaborative process that was open to the public, the Uniform Law Commission (ULC) and the American Law Institute (ALI) undertook a project to revise the Uniform Commercial Code (UCC) to account for the impact of emerging technologies on commercial transactions. The amendments, approved jointly by the ULC and ALI in July 2022, touch on aspects of the entire UCC, but one change has inspired ire and attracted national media attention: a proposed revision to the definition of “money.” The 2022 UCC Amendments alter the definition of “money” to account for the introduction of central …
Criminal Subsidiaries, Andrew K. Jennings
Criminal Subsidiaries, Andrew K. Jennings
Faculty Articles
Corporate groups comprise parent companies and one or more subsidiaries, which parents use to manage liabilities, transactions, operations, and regulation. Those subsidiaries can also be used to manage criminal accountability when multiple entities within a corporate group share responsibility for a common offense. A parent, for instance, might reach a settlement with prosecutors that requires its subsidiary to plead guilty to a crime, without conviction of the parent itself—a subsidiary-only conviction (SOC). The parent will thus avoid bearing collateral consequences—such as contracting or industry bars—that would follow its own conviction. For the prosecutor, such settlements can respond to criminal law’s …
Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia
Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia
Articles
In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …
Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel
Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel
STEMPS Faculty Publications
This chapter provides practical advice and reasons for school leaders to support students' intellectual freedom through their support of school libraries and school librarians. The chapter begins with a short but critical literature review that includes case law on the topic of censorship in schools. The concerns of teachers and librarians from a recent study are summarized and help build the foundation for practical and ready to use advice for any school leaders to uphold the intellectual freedom of all students.
The Game, The Players, And The Board, Bruce E. Boyden
The Game, The Players, And The Board, Bruce E. Boyden
Faculty Publications
Christopher Seaman and Thuan Tran’s fascinating article, Intellectual Property and Tabletop Games, raises important questions about the role of intellectual property in developing and distributing innovative products. The market for tabletop games, Seaman and Tran argue, is able to sustain a high level of creativity at a high up-front cost, all while protected by some but not all of the IP rights that other industries’ outputs receive. Is that evidence of IP’s necessity or its superfluousness? In this Response, I argue that the answer is a little bit of both. Whereas prior scholarship has shown the lack of an …
Ai Renaissance: Pharmaceuticals And Diagnostic Medicine, Ty J. Feeney, Michael S. Sinha
Ai Renaissance: Pharmaceuticals And Diagnostic Medicine, Ty J. Feeney, Michael S. Sinha
All Faculty Scholarship
The explosive growth of Artificial Intelligence (AI) in the modern era has led to significant advancements in the world of medicine. In drug discovery, AI technology is used to classify proteins as drug targets or non-targets for specific diseases, more accurately interpret and describe pharmacology in a quantitative fashion, and predict protein structures based on only a protein sequence for input. AI methods are used in drug development to generate predictive models for drug screening purposes, refine and modify candidate structures of drugs to optimize compounds, and predict a drug’s physiochemical properties, bioactivity, and toxicity. For medical devices, the advancement …
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
Journal Publications
This Article is organized chronologically, in an effort to more effectively reflect the nearly identical fact patterns, timelines, and intersecting opinions of these cases. Part I provides the factual background of both cases. Part II summarizes the substantial preliminary litigation in Grimm; Part III examines the district court ruling in Adams; Part IV analyzes the summary judgment ruling in Grimm. Part V covers Adams’ first appellate ruling; Part VI discusses the Fourth Circuit’s ruling in Grimm three weeks later, and Part VII considers the aftermath of that decision. Parts VIII and IX explore the second panel ruling in Adams and …
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale
Education Division Scholarship
This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …
Norm-Breakers, Rights-Makers: Legislative Norms, Democratization, And The Fight For Civil Rights, Gregory A. Elinson
Norm-Breakers, Rights-Makers: Legislative Norms, Democratization, And The Fight For Civil Rights, Gregory A. Elinson
College of Law Faculty Publications
Norms, the conventional wisdom goes, help to keep our democracy stable. And breaking norms, scholars believe, puts democracy at risk of backsliding. This Article challenges that consensus. The original historical evidence marshaled here shows that norm-breaking by civil rights reformers in Congress was critical to jumpstarting the democratization of the United States in the mid-twentieth century, ensuring passage of both the Civil Rights Act of 1964 and Voting Rights Act of 1965. Norm-breaking, the Article makes clear, is sometimes essential to democratic reform.
Leveraging these detailed case studies, the Article explains why. In preserving the status quo, norms protect existing …
Recruiting The Right Candidate, Cynthia Bassett
Recruiting The Right Candidate, Cynthia Bassett
Faculty Publications
The market for hiring a law librarian has changed significantly over the last few years. Those on both sides of the equation are a little uncertain about the whole process, wondering when the job search should start, how much to expect in pay, and what aspects of a position are up for discussion. The challenge of a limited pipeline of law librarians requires new approaches to recruiting.
Decoding U.S. Tort Liability In Healthcare's Black-Box Ai Era: Lessons From The European Union, Mindy Duffourc, Sara Gerke
Decoding U.S. Tort Liability In Healthcare's Black-Box Ai Era: Lessons From The European Union, Mindy Duffourc, Sara Gerke
Faculty Scholarly Works
The rapid development of sophisticated artificial intelligence (“AI”) tools in healthcare presents new possibilities for improving medical treatment and general health. Currently, such AI tools can perform a wide range of health-related tasks, from specialized autonomous systems that diagnose diabetic retinopathy to general-use generative models like ChatGPT that answer users’ health-related questions. On the other hand, significant liability concerns arise as medical professionals and consumers increasingly turn to AI for health information. This is particularly true for black-box AI because while potentially enhancing the AI’s capability and accuracy, these systems also operate without transparency, making it difficult or even impossible …
Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods
Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods
UF Law Faculty Publications
Generative artificial intelligence (AI) tools are increasingly used to imitate the distinctive characteristics of famous artists, such as their voice, likeness, and style. In response, legislators have introduced bills in Congress that would confer moral rights protections, such as control over attribution and integrity, upon artists. This Essay argues such measures are almost certain to fail because of deep-seated, pervasive hostility to moral rights measures in U.S. intellectual property law. It analyses both legislative measures and judicial decisions that roll back moral rights, and explores how copyright’s authorship doctrines manifest a latent hostility to these entitlements. The Essay concludes with …
The Risks To Refugee Law Of Humanitarian Responses To Flight From Ukraine, Catherine Dauvergne
The Risks To Refugee Law Of Humanitarian Responses To Flight From Ukraine, Catherine Dauvergne
All Faculty Publications
The invasion of Ukraine that began in February 2022 provoked an enormous exodus of people fleeing to safety by crossing Ukrainian borders into neighbouring states to seek refuge. The United Nations High Commissioner for Refugees (UNHCR) reported that as of mid-May 2023 more than eight million people had fled the conflict in Ukraine and crossed a border into another European state, and more than five million of these people were registered for temporary protection of some sort. Many of these people were warmly welcomed, and further-flung states raised their hands to provide assistance and refuge as well. Support for these …
Post-Conviction Disclosure In The Canadian Context, Alexandra Ballantyne, Tamara Levy, K.C.
Post-Conviction Disclosure In The Canadian Context, Alexandra Ballantyne, Tamara Levy, K.C.
All Faculty Publications
It is common knowledge that the criminal justice system is fallible and prone to human error. The most egregious of such errors is the conviction of an innocent person. While wrongful convictions have been acknowledged in Canada in the last few decades, they are mostly regarded as rare and extraordinary events.16 In response to this perception, experts have identified the challenge of determining the number of wrongful convictions and their exact causes.17 A 2019 study estimates that at least 85 people have been exonerated in Canada.18 The recent advent of the Canadian Registry of Wrongful Convictions creates a centralized location …
Administrative Procedures As Tax Enforcement Tools, Wei Cui, Jeff Hicks, Michael Wiebe
Administrative Procedures As Tax Enforcement Tools, Wei Cui, Jeff Hicks, Michael Wiebe
All Faculty Publications
We study how common administrative procedures affect firm tax evasion. We begin with the counter-intuitive observation that many firms bunch above, rather than below, large notches in China’s corporate income tax. Cross-sectional patterns suggest that administrative procedures in the prepayment and refund system served as de facto enforcement tools that prevented some firms from accessing the reduced tax rates below the notches. Following a regulatory reform that eliminated these procedures, bunching below the notches increased dramatically. The results imply a tradeoff between reducing administrative barriers and allowing much taxpayer non-compliance in low-compliance environments.
Interpreting The Ambiguities Of Section 230, Alan Rozenshtein
Interpreting The Ambiguities Of Section 230, Alan Rozenshtein
Articles
As evidenced by the confusion expressed by multiple Justices in last Term’s Gonzalez v. Google, there is little consensus as to the scope of Section 230, the law that broadly immunizes internet platforms from liability for third-party content. This is particularly striking given that no statute has had a bigger impact on the internet than Section 230, often called the “Magna Carta of the internet.”
In this essay I argue that Section 230, despite its simple-seeming language, is a deeply ambiguous statute. This ambiguity stems from a repeated series of errors committed by Congress, the lower courts, and the Supreme …
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
Faculty Publications
In post-conflict settings, constitutional courts have important roles to play despite complex and often competing challenges they face to institutionalize their legitimacy and entrench the rule of law while attempting to build bridges from conflict to peace. By processing political conflict through legal means, constitutional courts can shift the tenor of public dialogue and provide a less inflammatory platform for analyzing conflicts that have divided societies. This article analyzes two seminal cases decided by the Constitutional Court of Indonesia in the aftermath of post- Suharto conflict and finds that despite its young age, the Court addressed lustration issues and a …
Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend
Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend
Faculty Publications
Smart devices are increasingly the origin of critical criminal case data. The importance of such data, especially data generated when using modern automobiles, is likely to become even more important as increasingly complex methods of machine learning lead to AI-based evidence being autonomously generated by devices. This article reviews the admissibility of such evidence from both American and German perspectives. As a result of this comparative approach, the authors conclude that American evidence law could be improved by borrowing aspects of the expert testimony approaches used in Germany’s “inquisitorial” court system.
Did January 6 Defendants (Including Donald Trump) “Otherwise Obstruct An Official Proceeding”? Linguistic Analysis For The Fischer Case Before The Supreme Court, Clark Cunningham, Ute Römer-Barron
Did January 6 Defendants (Including Donald Trump) “Otherwise Obstruct An Official Proceeding”? Linguistic Analysis For The Fischer Case Before The Supreme Court, Clark Cunningham, Ute Römer-Barron
Faculty Publications By Year
When judges, skilled and sophisticated users of the English language, come to opposing conclusions about the “plain” or “ordinary” meaning of a phrase, how can such a conflict be resolved in an objective way? Traditionally courts have resorted to citing dictionary definitions, but in recent years an alternative approach has been gaining attention and respect: the use of corpus linguistics. The supreme courts of Michigan, Idaho, Utah, Vermont have used made use of corpus-based research in their decisions as has the U.S. Court of Appeals for the Third Circuit. Both the Sixth Circuit and the Ninth Circuit have requested that …
An Llc By Any Other Name Is Still Not A Corporation, Samantha J. Prince, Joshua P. Fershee
An Llc By Any Other Name Is Still Not A Corporation, Samantha J. Prince, Joshua P. Fershee
Faculty Scholarly Works
Business entities have their own unique characteristics. Entrepreneurs and lawyers who represent them select an entity structure based on the business’s current and projected needs. The different needs of each business span myriad topics such as capital requirements, taxation, employee benefits, and personal liability protection. These choices present advantages and disadvantages, many of which are built into the type of entity chosen. It is critically important that people, especially lawyers, recognize the difference between entities such as corporations and limited liability companies (LLCs). It is an egregious, nearly unforgivable, error to call an LLC a “limited liability corporation.” This is …
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Amici Briefs
This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …
40 More Writing Hacks For Appellate Attorneys, Brian C. Potts
40 More Writing Hacks For Appellate Attorneys, Brian C. Potts
Faculty Articles
Script for Trailer: “40 More Writing Hacks for Appellate Attorneys”
Fade in on aerial view of Washington, D.C.
Zoom in on Supreme Court Building. Chopper sounds. Enter helicopter fleet flying by.
Cut to Chief Justice John G. Roberts, Jr., sitting at his desk, reading. He rubs his forehead. Tired. Anxious. Distraught.
Chief: “What a mess! This brief could have been 10 pages shorter!”
Phone rings. Chief answers on speaker.
Law clerk’s voice through phone: “Chief, turn to Appellee’s brief. You’ve got to see this!”
Chief picks up different brief. Flips it open. Zoom in on face. Eyes widen. Jaw drops. …
One-Offs, William Araiza
La Fin Du Droit National A L'Interruption Volontaire De Grossesse Aux Etats-Unis: Quels Enseignements Pour L'Etude Comparative Des Droits?, Elisabeth Zoller
La Fin Du Droit National A L'Interruption Volontaire De Grossesse Aux Etats-Unis: Quels Enseignements Pour L'Etude Comparative Des Droits?, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Protecting Free Speech In Social Media: A Pathway To Self-Determination In International Law, Sydney Marie Harley
Protecting Free Speech In Social Media: A Pathway To Self-Determination In International Law, Sydney Marie Harley
Emory International Law Review Recent Developments
With the growth of Internet and social media usage, state regulatory action to surveil and censor citizens is running rampant. As the principle of self-determination stands, minority populations are typically bearing the brunt of these attacks, receiving little protection under domestic and international law. Self-determination within international law must be restructured into a definitive pathway that includes protecting the freedom of speech to encourage discourse and tolerance between the State and its minority populations. This article proposes a solution that could fill the gap in international law formed by insufficient domestic rule in States that neglect to protect these populations …
Dobbs And Democracy, Melissa Murray, Katherine A. Shaw
Dobbs And Democracy, Melissa Murray, Katherine A. Shaw
Articles
In Dobbs v. Jackson Women’s Health Organization, Justice Alito justified the decision to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with an appeal to democracy. He insisted that it was “time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” This invocation of democracy had undeniable rhetorical power: it allowed the Dobbs majority to lay waste to decades’ worth of precedent, while rebutting charges of judicial imperialism and purporting to restore the people’s voices. This Article interrogates Dobbs’s claim to vindicate principles of democracy, examining both the intellectual pedigree …