Law Commons^™

A Fourteenth Century Solution To A Twenty-First Century Problem: Using Qui Tam Legislation To Limit Executive War Power, Nicholas R. Lewis

Georgia Law Review

The United States was founded on the principle that Congress alone has the power to take the nation to war. This founding principle has failed. In its place now stands the modern principle that the Executive holds the power to initiate, wage, and conclude warfare. This modern principle, which is irreconcilable with the intent of America’s Founders, is a problem that must be remedied. And while this problem may be most pronounced in the twenty-first century, a possible solution comes from the most unlikely of places: fourteenth century England. In the 1300s, England developed qui tam legislation, a novel legal …

Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp

Georgia Law Review

When the European Union’s (EU) General Data Protection Regulation (GDPR) passed in 2016, it represented the world’s first major comprehensive data privacy law and kicked off a conversation about how we think about the right to privacy in the modern age. The law granted a broad range of rights to EU citizens, including a right to have companies delete data they collect about you, a right not to have your personal information sold, and a range of other rights all geared towards individual autonomy over personal data. All the while, platform companies like Facebook (Meta), Apple, and Amazon have taken …

You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark

Georgia Law Review

As federal court caseloads increased in the twentieth century, concerned jurists and academics pointed their fingers at many potential culprits. One culprit in particular, however, caught the attention of Congress: suits brought by prisoners. To curtail what it believed was an influx of frivolous prisoner litigation, Congress passed the Prison Litigation Reform Act (PLRA) in 1996. One provision of the PLRA, known as the “three strikes rule,” prohibits a prisoner from proceeding in forma pauperis if three or more of the prisoner’s prior actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim …

Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci

Sustainable Development Law & Policy

This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …

Federal Rules Of Private Enforcement, Luke Norris, David L. Noll

Law Faculty Publications

The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between "substantive" rights and the "procedure" used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as "private enforcement," is the engine for …

He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak

Emory International Law Review

Most jurisdictions have adopted changes in legislation within the past fifty years that reflect the evolution and advancement of women’s legal rights. Somalia, however, has not undergone a significant change in its legal regime since the 1960s. Somalia’s penal code and criminal procedure code are based on laws that were written in the late 1800s to early 1900s. When it comes to rape, judges harbor the beliefs that women must “put up a fight” against their assailants and doubt the inherent trustworthiness of women. These prevailing gender myths prevent women from accessing justice and infringe on their rights to equality …

Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.

Journal Articles

In American maritime law, the interplay between the courts and Congress is complex and iterative. A significant body of American admiralty law, the general maritime law, has been judicially created and developed. But Congress has also enacted a number of important statutes governing maritime commerce and the rights of maritime workers, such as the Longshore and Harbor Worker’s Compensation Act (“LHWCA”). The back and forth between the courts and Congress in interpreting those statutes and gauging their impact on and consistency with the general maritime law is ongoing. One important area where the courts development of the general maritime law …

Pink Tax And Other Tropes, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Law reform advocates should be strategic in deploying tax tropes. Through an examination of five common tax phrases—the “nanny tax,” “death tax,” “soda tax,” “Black tax,” and “pink tax”—this Article demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government duties, as opposed to figurative inequalities. In comparison, slogans describing figurative taxes are less likely to influence law and human behavior, even if they have descriptive force in both popular and academic literature as a short-hand for group-based disparities. This Article catalogues and evaluates what makes for effective tax …

Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery

Community & Environmental Health Faculty Publications

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is now expected to allow participants to redeem their food benefits online, i.e., via online ordering, rather than only in-store. However, it is unclear how this new benefit redemption model may impact participants’ welfare since vendors may have an asymmetric information advantage compared with WIC customers. The WIC online ordering environment may also change the landscape for WIC vendors, which will eventually affect WIC participants. To protect WIC consumers’ rights in the new online ordering model, policymakers need an appropriate legal and regulatory framework. This narrative review provides that …

Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig

Cybaris®

No abstract provided.

Tort Reform In Florida: The Impact Of Hb837, Kara E. Burns

Honors Undergraduate Theses

Legislative policies play a pivotal role in shaping the socio-political landscape of a nation, addressing critical issues, and reflecting the values and priorities of its citizens. This case study examines the implementation of Florida's House Bill 837 (HB837), a significant piece of legislation that has generated substantial interest and debate. The study aims to shed light on the practical implications of this policy within the context of its introduction, passage, and subsequent results. The research of this case study explores the historical and political backdrop against which HB837 was enacted. It examines the motivations behind the bill, the debates that …

Digital Nudges: Contours And Challenges, Avishalom Tor

Book Chapters

Series: Economic Analysis of Law in European Legal Scholarship, vol. 15

Digital nudges—that is, significantly behavioral interventions that use software and its user-interface design elements—are an increasingly pervasive feature of online environments that shapes behavior both online (e.g., changing online privacy settings) and offline (e.g., taking a flu vaccine due to a text message reminder). Although digital nudges share many characteristics of their offline counterparts, they merit particular attention and analysis for two important reasons: First, the growing ubiquity of digital nudges makes encountering them nearly unavoidable in daily life, thereby bringing into sharper relief the promise and perils of …

Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek

Touro Law Review

No abstract provided.

Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn

Cybaris®

No abstract provided.

Responding To The New Major Questions Doctrine, Christopher J. Walker

Articles

The new major questions doctrine has been a focal point in administrative law scholarship and litigation over the past year. One overarching theme is that the doctrine is a deregulatory judicial power grab from both the executive and legislative branches. It limits the president’s ability to pursue a major policy agenda through regulation. And in the current era of political polarization, Congress is unlikely to have the capacity to pass legislation to provide the judicially required clear authorization for agencies to regulate major questions. Especially considering the various “vetogates” imposed by Senate and House rules, it is fair to conclude …

Out Of Bounds?: Abortion, Choice Of Law, And A Modest Role For Congress, Susan Frelich Appleton

Scholarship@WashULaw

This invited contribution to a symposium on the multiple intersections of family law and constitutional law grapples with the emerging problems of jurisdictional competition and choice of law in interstate abortion situations in the wake of Dobbs v. Jackson Women’s Health Organization—as abortion-hostile states seek to impose restrictions beyond their borders and welcoming states seek to become havens for abortion patients, regardless of their domicile. Grounded in a conflict-of-laws perspective, the essay lays out the interstate abortion chaos invited by Dobbs and the threat to our federal system that it presents, given Congress’s failure to codify a national right to …

Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

Press Freedom Under Threat In Europe: A Case Study Analysis Of The Increasing Threat To Press Freedom In Greece, Italy, And Hungary, Maya O'Leary-Cyr

Undergraduate Honors Theses

This research critically examines the legal systems of European countries and their relationship to press freedom. This research focuses on the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Considering the scope of the problem, this research analyzes the issue through the lens of European countries Greece, Italy, and Hungary. Being members of the European Union, each of these countries have an obligation to uphold the democratic standards put forth by the EU as …

Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood

University of Arkansas at Little Rock Law Review

No abstract provided.

The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid

UAEU Law Journal

Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …

The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell

University of Miami Law Review

The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.

This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …

Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach

University of Miami Law Review

Judges take part in a variety of non-adjudicative tasks that shape the structure of litigation. In addition to their managerial functions, judges sit as administrative heads of court. They participate in civil justice reform projects and develop procedures for criminal and civil trials. What norms and principles ought to guide judges in this other work? In their casework we expect judges to be neutral and fair, setting aside politics and rationally following the law. Indeed, this article will demonstrate that there is good reason to insist on these qualities in both judges’ case-related and broader court-related reform activities. To test …

The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir

University of Miami Law Review

Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.

This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …

The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …

Understanding The Role Of Transportation In Human Trafficking In California, Kezban Yagci Sokat

Mineta Transportation Institute Publications

Human trafficking, a form of modern slavery, is the recruitment, transport, and/or transfer of persons using force, fraud, or coercion to exploit them for acts of labor or sex. According to the International Labor Organization, human trafficking is the fastest growing organized crime with approximately $150 billion in annual profits and 40.3 million individuals trapped in slave-like conditions. While it is not compulsory to involve transportation for human trafficking, the transportation industry plays a critical role in combating human trafficking as traffickers often rely on the transportation system to recruit, move, or transfer victims. This multi-method study investigates the role …

Social Media Harms And The Common Law, Leslie Y. Garfield Tenzer

Elisabeth Haub School of Law Faculty Publications

This article finds fault with the judiciaries' failure to create a set of common law norms for social media wrongs. In cases concerning social media harms, the Supreme Court and lower courts have consistently adhered to traditional pre-social media principles, failing to use the power of the common law to create a kind of Internet Justice.

Part I of this article reviews social media history and explores how judicial decisions created a fertile bed for social media harm to blossom. Part II illustrates social media harms across several doctrinal disciplines and highlights judicial reluctance to embrace the realities of social …

What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi

Maine Law Review

While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental and physiological challenges as …