Law Commons^™

Disability Reproductive Justice, Robyn M. Powell

University of Pennsylvania Law Review

No abstract provided.

Capitalism Disables: The Case Of Workers' Compensation Laws, Nate Holdren

University of Pennsylvania Law Review

No abstract provided.

The Corrosive Effect Of Inevitable Discovery On The Fourth Amendment, Tonja Jacobi, Elliot Louthen

University of Pennsylvania Law Review

No abstract provided.

Masthead

University of Pennsylvania Law Review

No abstract provided.

Systematizing Discrimination: Ai Vendors & Title Vii Enforcement, Colin Clemente Jones

University of Pennsylvania Law Review

Winner of THE 2023 HERMAN LAZARUS PRIZE, to the graduating student who has written the best paper on a topic of comparative labor or employment law.

Delusions, Moral Incapacity, And The Case For Moral Wrongfulness, E. Lea Johnston

UF Law Faculty Publications

Responsibility is a legal—not medical—construct. However, science can be useful in exposing faulty assumptions underlying current doctrine or practice, illuminating changes in practice or evidentiary standards to better effectuate the law’s animating purpose, and even suggesting updates to legal standards to account for modern understandings of functionalities of concern. This Article uses the science of delusions to assess the law regarding, and practice of establishing, criminal irresponsibility for defendants with psychosis. Over the last two decades, researchers from the cognitive sciences have compiled strong evidence that a host of cognitive and emotional impairments contribute to the origin and maintenance of …

Checklist For Open Access Publishers On Implementing The Unesco Recommendation On Open Science, Unesco, Oaspa

Copyright, Fair Use, Scholarly Communication, etc.

Within the subset of open scientific knowledge, this document refers to scientific publications that include, inter alia, journal articles and books, research reports and conference papers. These publications may be, contain or be accompanied by original scientific research results, research data, software, source code, source materials, workflows and protocols, digital representations of pictorial and graphical materials and scholarly multimedia material. According to the UNESCO Recommendation on Open Science, access to scientific knowledge should be as open as possible, and may need to be restricted, in specific circumstance, for example to protect human rights, confidentiality, intellectual property rights, personal information, threatened …

Product Liability Applied To Automated Decisions, Ian A. Wardell

Student Works

No abstract provided.

Reconceptualizing The Lattice Work Of Women’S Rights: United States Domestic And Foreign Policy, Danielle Doud

Student Works

No abstract provided.

Supreme Silence: Sros, The 4th Amendment, And The School-To-Prison Pipeline, Phillip Bryce Gonzalez

Student Works

No abstract provided.

Normalizing The Consideration Of Adverse Childhood Experiences In Federal Sentencing Determinations, Kristen M. Kinneary

Student Works

No abstract provided.

To Prosecute Or Not To Prosecute: A Prosecutor’S Role In Decriminalizing Prostitution, Elisia M. Tadros

Student Works

No abstract provided.

“Bomb First, Ask Congress Later”: A Proposal To Rebalance War Powers Between The President And Congress, Christopher Camaj

Student Works

No abstract provided.

Bright Lights And Dark Money: How States Can De-Energize An Electric Utility’S Corrupting Power, Aspen-Jade Tucker

Student Works

No abstract provided.

The Grass Is Greener On The Other Side Of The Ocean: Adopting Foreign Reforms To Improve Mental Health Care In The United States, Sydney Schubert

Student Works

No abstract provided.

Reconsidering The Letter Of The Law: On The Necessity Of Expanding Death Penalty Exemptions For The Mentally Ill, Rosa Mazza-Hilway

Student Works

No abstract provided.

Secrecy Nurtures Disease: Balancing Privacy Concerns With Covid-19 Contact-Tracing Measures, Julianna Dzwierzynski

Student Works

No abstract provided.

A Pandemic And Evictions: A Dangerous Duo That Is Creating An Insurmountable Crisis, Kenneth D. Freid

Student Works

No abstract provided.

Implications Of Indefinitely Stripping The Right To Bear Arms - Perpetrating Stigmas About Mental Illness And How The Sixth Circuit Got It Right, Matthew Starner

Student Works

No abstract provided.

Pass-On Theory In The Era Of Technological Platforms, Varun Trivedi

Student Works

No abstract provided.

Not Waiving, But Drowning: Supreme Court Of Canada Kills Waiver Of Tort As An Independent Cause Of Action, Suzanne E. Chiodo

Articles & Book Chapters

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp. v. Babstock,1 released on July 24, 2020, the Supreme Court of Canada ("SCC") killed off the concept once and for all, holding that, "[t]his novel cause of action does not exist in Canadian law and has no reasonable chance of succeeding at trial. In addition, the term waiver of tort' is apt to generate confusion and should be abandoned."2 While the plaintiffs' claims in this case also included breach of contract and unjust enrichment, the …

Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien

Law Faculty Articles and Essays

In 1997, the Taiwanese legislature amended the Code of Criminal Procedure to incorporate the core of the American Miranda rule into the legal system. The Miranda rule requires police officers and prosecutors to notify criminal suspects subject to custodial interrogation of their right to remain silent and their right to retain legal counsel. In subsequent amendments, the legislature enacted a series of laws to further reform interrogation practices in the same vein.

What happened next is a study in unintended consequences and the interdependence of law and culture. Using ethnographic methods and data sources collected over the past four years …

To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler

Other Publications

This paper provides an overview of cases decided under Section 2 of the Voting Rights Act between September 1, 1982 and December 31, 2021. It updates our 2006 study documenting Section 2 litigation through 2005. Of note is the substantial decline in the number of Section 2 cases decided and diminished success for the plaintiffs who bring them. While recent litigation (including Brnovich and Merrill v. Milligan) suggests that Section 2 is likely to occupy, at best, a diminished role in future electoral disputes, this paper shows that Section 2’s reach had already declined significantly prior to recent disputes. …

Preface, Margaret C. Hannon, Ruth Anne Robbins

Other Publications

The overarching theme of Volume 19 of Legal Communication & Rhetoric: JALWD is how legal communication shapes the law, and how doers of legal writing can use their resources to make it better. The volume begins with a fascinating article from Aaron Kirschenfeld and Alexa Chew, “Citation Stickiness, Computer-Assisted Legal Research, and the Universe of Thinkable Thoughts.” In their article, Professors Kirschenfeld and Chew shed light on whether the switch from print research to digital research has changed the way that law students and lawyers conduct research. To do so, the article uses the “citation stickiness” metric, which analyzes whether …

Willard Hurst's Unpublished Manuscript On Law, Technology, And Regulation, Bj Ard, William J. Novak

Other Publications

It is with a great deal of excitement ( and with thanks to so many contributing colleagues and collaborators over the years ) that we are able to present to the public for the first time a newly published work by one of the great originators of modem legal history and law and society scholarship-James Willard Hurst. Hurst published his last two books, Law and Markets in United States History and Dealing with Statutes, in 1982. And, fittingly, he published his last substantive article--.-a very short comment on "The Use of Case Histories"-in the Wisconsin Law Review in 1992. In …

The Long-Term Effects Of Short Selling And Negative Activism, Peter Molk, Frank Partnoy

UF Law Faculty Publications

We investigate the long-term effects of short selling and “negative activism,” where activists seek to profit from declines in the share prices of targeted firms. We show that negative activism is associated with significant and declining long-term share returns and operating performance, as well as an increase in securities litigation and regulatory actions against targeted firms. We explore the policy implications of this new evidence, including ways that policy makers and market participants might take advantage of the potential benefits of short selling negative activism. Our message is straightforward: resist impulses to curb short selling, and instead embrace attempts to …

Book Review: Parental Guidance, State Responsibility And Evolving Capacities: Article 5 Of The United Nations Convention On The Rights Of The Child, Nancy Dowd

UF Law Faculty Publications

The latest book from the United Nations Convention on the Rights of the Child Implementation Project focuses on Article 5 of the convention, which provides: States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

On Proper[Ty] Apologies And Resilience Gaps, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power …

Smart Meters As A Catalyst For Privacy Law, Matthew Tokson

Utah Law Faculty Scholarship

Smart utility meters raise several puzzling legal questions—and answering them can help point the way toward the future of Fourth Amendment and civil privacy law. This forum essay addresses two such issues: use restrictions on collected data, and voluntary data disclosure.

First, more than any other current technology, smart meters compel the development of use restrictions on collected data. The benefits of smart meters are potentially enormous, such that categorically prohibiting public utilities from collecting smart meter data is likely beyond the pale. Yet allowing law enforcement agents to obtain detailed or intimate data about the home without a warrant …