Law Commons^™

Wage Boards And Labor Revitalization: U.S. Aspirations And Uruguayan Realities*, Ana Laura Ermida, César F. Rosado Marzán

Duke Journal of Comparative & International Law

State-supported sectoral bargaining through wage boards is gaining traction among some U.S. reformers interested in revitalizing unions, collective bargaining, and labor law. New York has become a celebrated case, but the recent experience there left some activists disappointed.

Theoretically, revitalization through wage boards is also complicated. Labor law doctrine, which favors labor union autonomy from the state, might endorse state-created wage boards, but only in a qualified manner. Moreover, reformers consider union membership growth to be important for labor revitalization. And yet, empirical studies have shown that sectoral bargaining has an indeterminate impact on union membership.

Given New York's uneven …

Vol. 62, No. 13 (April 18, 2022)

Indiana Law Annotated

No abstract provided.

Mmu: 04/18/22–04/24/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Joe Allegretti

2Ls Taking Ls: Morgan Cleary

Ask a 3L: Samantha Contreras

Ndls Communicator: Week Of 04.18.22, Notre Dame Law School

NDLS Communicator

The Latest News

• 20 faith leaders that are challenging the conservative movement to change
• ND London Law Professor Philippa Webb awarded top prize in international law publishing
• Visiting Professor Francisco Urbina talks about teaching at ND Law, visiting fellowship at Kellogg Institute
• Bur Oak Foundation seminar series dedicated to Carter Snead's book
• Relevant Reads: The Journey to Inclusion
• Indiana law students learn etiquette do’s and don’ts

Student News

• Nicolás Buitrago Rey is a Colombian human rights lawyer interested in LGBTIQ+ rights. He is pursuing his LL.M. at Notre Dame Law School.

Events

Tuesday, April 19

• Faculty Colloquium, Mark Ramseyer, Harvard, …

Escape Room: Implicit Takings After Cedar Point Nursery, Lee Anne Fennell

Duke Journal of Constitutional Law & Public Policy

In Cedar Point Nursery v. Hassid, the Supreme Court ruled 6-3 that a California regulation that gave union organizers limited access to agricultural worksites amounted to a per se taking. The Court went on to opine that any governmental grant of physical access, no matter how time-limited or functionally constrained, similarly works a per se taking, unless one of the Court’s exceptions applies. This essay argues that Cedar Point is best understood as part of an implicit takings apparatus designed to selectively apply scrutiny to property-facing governmental acts in ways that broadly entrench status quo patterns of property wealth. …

Mind The Gap: A Comparative Approach For Fixing Volcker, Learning From Liikanen, And Using Vickers To Repair The Us Banking System, Rachel E. Sereix

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Judicial Retention Elections For State Appellate Judges: The Implications Of The Ballot-Access Cases, James F. Blumstein

Duke Journal of Constitutional Law & Public Policy

This Article considers methods by which state appellate court judges are selected. It focuses on the evolution of and rationale for the so-called merit-selection system, a hybrid approach that prevails in a substantial number of jurisdictions. Under merit selection, there is an initial gubernatorial appointment based on recommendations from a nominating committee and a retention election, which is limited to a single candidate and a single question: whether the initially appointed appellate judge should be retained so as to serve a new term. The retention election is a form of election that satisfies states' requirements that judges be elected. But …

Qualified Immunity's 51 Imperfect Solutions, Aaron L. Nielsen, Christopher J. Walker

Duke Journal of Constitutional Law & Public Policy

Qualified immunity has no perfect solution. On one hand, qualified immunity can prevent individuals whose civil rights have been violated from receiving monetary compensation—obviously, a bad outcome. On the other hand, without qualified immunity, government officials who fear liability may hold back from protecting the public—another bad outcome. Qualified immunity seeks to strike a balance between those bad outcomes: Plaintiffs can recover damages only if a government official violated clearly established law. Some individuals thus will have their rights violated but receive no compensation, while other individuals may be harmed because the government does not come to their aid. Qualified …

Reading Taylor's Tea Leaves: The Future Of Qualified Immunity, Jennifer E. Laurin

Duke Journal of Constitutional Law & Public Policy

Many observers of qualified immunity doctrine drew a sharp breath when the Supreme Court handed down Taylor v. Riojas in late 2020. The decision, reversing a grant of qualified immunity to prison officials sued under 42 U.S.C. § 1983, reflected a marked break in outcome and tone from the preceding decade of unwavering commitment by the Court to expanding the scope of qualified immunity's protection to sued officials: it was a nearly unheard-of victory for a plaintiff, and it was delivered in an opinion that cautioned against applying qualified immunity's "clearly-established-law" prong in a manner too protective of officials, rather …

Paving The Way For Mindreading: Re-Interpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Foreword

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Getting It Right: Whether To Overturn Qualified Immunity, David D. Coyle

Duke Journal of Constitutional Law & Public Policy

Qualified immunity, the defense available to police officers and other government officials facing civil rights lawsuits, has increasingly come under attack. In recent opinions, Justice Clarence Thomas has noted his growing concern that the Court's current qualified immunity jurisprudence, which deals with whether a right is "clearly established", strays from Congress's intent in enacting the Civil Rights Act of 1871 (the statute giving rise to civil rights claims). Other jurists and legal scholars similarly criticize the doctrine, with many calling for the Court to revisit its qualified immunity jurisprudence and abolish or significantly alter the doctrine.

Given that the Court's …

A Modest Proposal: Leveraging Private Enforcement Mechanisms And The Bayh-Dole Act To Reduce Drug Prices In The U.S. Healthcare Industry, Brittany N. Day

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados

DePaul Journal of Art, Technology & Intellectual Property Law

The COVID-19 pandemic gave a boost to illegal excavations, thefts and illicit trafficking of cultural objects. The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects answers this problem by providing for the return of stolen and illegally exported cultural objects. The COVID-19 pandemic has created a new era of art trade. Due to the lockdown measures, art trade has been compelled to move to online platforms and this seems to be an irreversible change. UNIDROIT and its partner organisations have to consider the global health crisis as an opportunity to find adequate legal answers to the challenges of the …

Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance, Anthony Volini, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Are Constitutional Rights Enough? An Empirical Assessment Of Racial Bias In Police Stops, Rohit Asirvatham, Michael D. Frakes

Northwestern University Law Review

This Article empirically tests the conventional wisdom that a permissive constitutional standard bearing on pretextual traffic stops—such as the one announced by the Supreme Court in Whren v. United States—contributes to racial disparities in traffic stops. To gain empirical traction on this question, we look to state constitutional law. In particular, we consider a natural experiment afforded by changes in the State of Washington’s rules regarding traffic stops. Following Whren, the Washington Supreme Court first took a more restrictive stance than the U.S. Supreme Court, prohibiting pretextual stops by police officers, but later reversed course and instituted a …

Modern Sentencing Mitigation, John B. Meixner Jr.

Northwestern University Law Review

Sentencing has become the most important part of a criminal case. Over the past century, criminal trials have given way almost entirely to pleas. Once a case is charged, it almost always ends up at sentencing. And notably, judges learn little sentencing-relevant information about the case or the defendant prior to sentencing and have significant discretion in sentencing decisions. Thus, sentencing is the primary opportunity for the defense to affect the outcome of the case by presenting mitigation: reasons why the nature of the offense or characteristics of the defendant warrant a lower sentence. It is surprising, then, that relatively …

Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen

Northwestern University Law Review

International parallel proceedings, which are concurrent identical or similar lawsuits in multiple countries, often ask courts to balance efficiency and fairness against the speculative fear of insulting foreign nations. Some litigants abuse foreign duplicative litigation to exhaust their opponents’ resources and pressure them into settling out of court. This Note provides the first empirical evidence of such abuse of international parallel proceedings: when courts deny motions to enjoin foreign parallel litigation, the settlement rate rises significantly. Considering the results of this empirical project and its limitations, I encourage future studies on international parallel proceedings and settlement. I also argue for …

Prison And Jail Civil Rights/Conditions Cases: Longitudinal Statistics, 1970-2021, Margo Schlanger

Law & Economics Working Papers

These tables relating to prison and jail civil rights litigation in federal court update prior-published versions, using data available as of April 6, 2022.

The Tables show longitudinal statistics about case filings, features, and outcomes, for jail/prison civil rights and conditions cases and for the entire federal civil docket, grouped by case category.
List of tables:
Table A: Incarcerated Population and Prison/Jail Civil Rights Filings, FY1970–FY2021
Table B: Pro Se Litigation in U.S. District Courts by Case Type, Cases Terminated Fiscal Years 1996–2021
Table C: Outcomes in Prisoner Civil Rights Cases in Federal District Court, Fiscal Years 1988–2021
Table D: …

Cryptocurrency: The Consequences Of A Regulatory Gap In A Rapidly Growing Industry, Claire Sanford

SLU Law Journal Online

Digital assets are largely unregulated, which has led to many investors being defrauded without remedy. Various solutions have been proposed to solve the regulatory gap, but none have been successful in practice. In this article, Claire Sanford discusses how the risks associated with cryptocurrency exchanges are distinct from more traditional investments.

Financing The Future Of Who, Lawrence O. Gostin, Kevin A. Klock, Helen Clark, Fatimatou Zahra Diop, Dayanath Jayasuriya, Jemilah Mahmood, Attiya Waris

Georgetown Law Faculty Publications and Other Works

WHO's resources have consistently lagged behind its constitutional mandate. There is a deep misalignment between what governments and the public expect WHO to do and what the organisation is resourced to do. WHO is challenged by low levels of political will to increase its financing, strained government treasuries, and a battle over control of priorities. WHO's Executive Board has charged the Working Group on Sustainable Financing with identifying a viable plan for sustainable financing before the World Health Assembly in May. There is no time to lose. WHO's resourcing strategy must match its mission with assured financial support from member …

Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adams, Jack Beasley, Rebekah Bratcher, Justin Clas, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde

EENRS Program Reports & Publications

This report is the second volume in a continuing project designed to explore and articulate the groundwater laws and regulations of all fifty U.S. states. This particular report presents surveys for sixteen states throughout the country. The first volume featured thirteen state surveys and can be found at: http://www.law.tamu.edu/usgroundwaterlaws.

The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and …

Cardozo Law News Brief: April 15, 2022, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2022

Featured Faculty:

• Ekow N. Yankah
• Deborah Pearlstein
• Betsy Ginsberg
• Jessica Roth
• Alma Magaña

Campus News:

• Cardozo Ranked #7 on Hollywood Reporter's List of Top Law Schools for Entertainment Lawyers
• Civil Rights Clinic and NYCLU File Lawsuit Challenging Censorship in New York Prisons

Events:

• The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics

Dragonfly Is Watching You: Artveillance And The Legal Issues Implicated, Yang, Sydney

Santa Clara Journal of International Law

Art law as a practice area can seem innately contradictory. Indeed, at first glance “art” and “law” are concepts that should be on the opposite ends of the spectrum. While art is all about unleashing your imagination and thinking out of the box, law may seem more rigid and orderly as it focuses more on the structured legal system and the enforcement of law by social and governmental institutions. As the art market became more complex and sophisticated in the 20th century, art law has developed into a discrete and increasingly recognized legal field despite the fact that it is …

Aneil Kovvali To Join Indiana Law This Fall, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Xiaomi Corporation V. U.S. Department Of Defense: Defending The International Emergency Economic Powers Act, Bailey Williams

Duke Journal of Constitutional Law & Public Policy Sidebar

The International Emergency Economic Powers Act (IEEPA) provides the Executive with emergency authority to act in the realm of foreign affairs and national security. As global power struggles increasingly play out in financial markets as opposed to battle fields, the United States is leveraging global capital markets, banking, and financial systems to effectuate national security goals – and is relying on IEEPA to do so. However, critics argue IEEPA lacks appropriate procedural safeguards given the courts' general deference to the Executive acting pursuant to national security and the corresponding lack of Congressional oversight.

After assessing various criticisms of IEEPA, this …