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Articles 3091 - 3120 of 560012
Full-Text Articles in Law
Contents, North Carolina Law Review
Misguided Federalism: State Regulation Of The Internet And Social Media, Alex Chemerinsky, Erwin Chemerinsky
Misguided Federalism: State Regulation Of The Internet And Social Media, Alex Chemerinsky, Erwin Chemerinsky
North Carolina Law Review
No abstract provided.
Skirting State Action: Section 1983 Challenges To Education And Charter Management Organizations After Peltier V. Charter Day School, Inc., Jack Salt
North Carolina Law Review
No abstract provided.
A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson
A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson
North Carolina Law Review
No abstract provided.
Auto-Jubilee: A Case For Massive Automatic Driver's License Restoration For Debtor-Suspendees, Daniel Stainkamp
Auto-Jubilee: A Case For Massive Automatic Driver's License Restoration For Debtor-Suspendees, Daniel Stainkamp
North Carolina Law Review
No abstract provided.
Debt-For-Climate Swaps And Illicit Financial Flows: A Call For Caution In Designing Climate Finance Infrastructures, Olabisi D. Akinkugbe, Morris K. Odeh
Debt-For-Climate Swaps And Illicit Financial Flows: A Call For Caution In Designing Climate Finance Infrastructures, Olabisi D. Akinkugbe, Morris K. Odeh
Articles, Book Chapters, & Popular Press
Ahead of COP28, there have been widespread calls for the adoption of 'debt-for nature' and 'debt-for-climate' swaps as an alternative climate finance system to address funding gaps in developing countries. Typically, these swaps involve a debtor country repurchasing its debt securities at substantial discounts or converting official bilateral debt into environmental assets, which enables more fiscal savings to be redirected toward conservation objectives. Unlike most climate finance instruments, these debt swaps avoid burdening countries in the Global South with additional unsustainable debt, thus allowing for a more effective response to the climate crisis without sacrificing spending on other development projects. …
"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang
"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang
Research Collection Yong Pung How School Of Law
In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …
The Role And Relevance Of Investment Treaties In Promoting Renewable Energy Investments, Ladan Mehranvar, Lisa E. Sachs
The Role And Relevance Of Investment Treaties In Promoting Renewable Energy Investments, Ladan Mehranvar, Lisa E. Sachs
Columbia Center on Sustainable Investment
Co-authors Ladan Mehranvar and Lisa Sachs discuss the effect of investment treaties as catalysts for critical investments in the energy transition, with a particular focus on the Spanish renewable energy cases. The book chapter, "The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments," is featured in Investment Arbitration and Climate Change, published by Kluwer Law International B.V.
A Public Technology Option, Hannah Bloch-Wehba
A Public Technology Option, Hannah Bloch-Wehba
Faculty Scholarship
Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.
Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …
Dividing The Body Politic, James A. Gardner
Dividing The Body Politic, James A. Gardner
Journal Articles
It has long been assumed in large, modern, democratic states that the successful practice of democratic politics requires some kind of internal division of the polity into subunits. In the United States, the appropriate methods and justifications for doing so have long been deeply and inconclusively contested. One reason for the intractability of these disputes is that American practices of political self-division are rooted in, and have been largely carried forward from, premodern practices that rested originally on overtly illiberal assumptions and justifications that are difficult or impossible to square with contemporary commitments to philosophical liberalism.
The possibility of sorting …
Endangered Whales Still Get Tangled In Fishing Gear: Let’S Change The Way We Approach The Problem, Tora Johnson
Endangered Whales Still Get Tangled In Fishing Gear: Let’S Change The Way We Approach The Problem, Tora Johnson
Maine Policy Review
The Gulf of Maine lobster industry has been roiled by conflict over whale entanglement for decades. With fewer than 350 North Atlantic right whales remaining, federal regulators are again seeking to implement new measures to protect them from tangling in fishing gear, while the lobster industry faces myriad challenges. My 2005 book Entanglements examined the complex and fraught debate between whale advocates and fishermen. Each side believed the other was inherently evil, greedy, and unduly powerful. Of course, the truth lay somewhere between. Between them were the brave souls who went to sea to wrestle fishing gear off of entangled …
The Changing Tides Of Action To Address Ocean Acidification In Maine, Ivy L. Frignoca, Heather R. Kenyon
The Changing Tides Of Action To Address Ocean Acidification In Maine, Ivy L. Frignoca, Heather R. Kenyon
Maine Policy Review
As carbon dioxide emissions continue to rise worldwide, ocean acidification has become a consequence that threatens both human and natural processes. On a global scale, ocean acidification is relatively well understood. However, the complex ecosystem of the nearshore environment presents challenges for monitoring and addressing ocean acidification. In a state such as Maine, whose communities heavily depend on the health of the coastal environment, understanding this threat becomes critically important.
In 2014, Maine’s legislature established a six month study commission to investigate this problem and produce recommendations. The commission proposed a coast-wide monitoring network that could identify and use a …
Getting To The Shore On Foot: Sustaining Harvester Access, Bill Zoellick, Pauline V. Angione, Emily Farr, Ada Fisher, Jessica Gribbon Joyce, B Lauer, Marissa Mcmahan Ph.D., Michael Pinkham, Vicki Rea
Getting To The Shore On Foot: Sustaining Harvester Access, Bill Zoellick, Pauline V. Angione, Emily Farr, Ada Fisher, Jessica Gribbon Joyce, B Lauer, Marissa Mcmahan Ph.D., Michael Pinkham, Vicki Rea
Maine Policy Review
"Working Waterfront" conjures images of the Portland Fish Exchange, Belfast shipyards, or wharves and piers in Stonington. Ensuring that such sites continue as essential elements of Maine's marine economy is increasingly the focus of innovative action and policy development. But policies to address Maine's working waterfronts must also attend to waterfront access required by those who reach it on foot. Such access rights are rarely conferred by private ownership. Instead, they depend on public ownership and, more frequently, on informal social arrangements between harvesters and property owners. In this article, we describe the nature of the shore access needed by …
Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady
Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady
Maine Policy Review
Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …
A Comment On Markovits's Welfare Economics And Antitrust, Keith N. Hylton
A Comment On Markovits's Welfare Economics And Antitrust, Keith N. Hylton
Faculty Scholarship
I criticize two features of the new book by Richard Markovits. One is the notion that ethics or moral judgments should be part of our analysis of antitrust. The other is the notion that market definition is incoherent.
Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo
Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo
Faculty Scholarship
When can scientific findings from experimental psychology be confidently applied to legal issues? And when applications have clear limits, do legal commentators readily acknowledge them? To address these questions, we survey recent findings from an emerging field of research on research (i.e., metaresearch). We find that many aspects of experimental psychology’s research and reporting practices threaten the validity and generalizability of legally relevant research findings, including those relied on by courts and policy-setting bodies. As a case study, we appraise the empirical claims relied on by commentators claiming that implicit bias deeply affects legal proceedings and practices, and that training …
Bibliography On Indigenous Rights In Canada, 1995-2023, Leslie Haddock, Kent Mcneil
Bibliography On Indigenous Rights In Canada, 1995-2023, Leslie Haddock, Kent Mcneil
All Papers
No abstract provided.
High Stakes, Bad Odds: Health Laws And The Revived Federalism Revolution, Nicole Huberfeld
High Stakes, Bad Odds: Health Laws And The Revived Federalism Revolution, Nicole Huberfeld
Faculty Scholarship
The Supreme Court’s 2021 term produced a remarkable number of blockbuster decisions, nearly hiding an underlying federalism agenda that surfaced in health care, reproductive rights, administrative law, and public health related domains. Health law has been a vehicle for constitutional change before, but the stakes for older laws, most of which rely on states to accomplish national goals, have been raised. The Court has doubled down on interpretive methods that limit governmental power, using formalist tools like clear statement rules that demand specificity and offer little deference to lawmakers or regulators. These rules have constitutional dimensions, including separation of powers …
Rising Threat - Deepfakes And National Security In The Age Of Digital Deception, Dougo Kone-Sow
Rising Threat - Deepfakes And National Security In The Age Of Digital Deception, Dougo Kone-Sow
Cybersecurity Undergraduate Research Showcase
This paper delves into the intricate landscape of deepfakes, exploring their genesis, capabilities, and far-reaching implications. The rise of deepfake technology presents an unprecedented threat to American national security, propagating disinformation and manipulation across various media formats. Notably, deepfakes have evolved from a historical backdrop of disinformation campaigns, merging with the advancements of artificial intelligence (AI) and machine learning to craft convincing but false multimedia content.
Examining the capabilities of deepfakes reveals their potential for misuse, evidenced by instances targeting individuals, companies, and even influencing political events like the 2020 U.S. elections. The paper highlights the direct threats posed by …
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the WTO twenty years ago, China’s image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China’s perspective on WTO been evolving? What are the reasons behind China’s changing perspective? This chapter addresses these questions from the Chinese perspective with a comprehensive analysis of the key moments in China’s first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.
Distinguishing The Fair Use And Fair Dealing Doctrines In Copyright Law—Much Ado About Nothing?, Cheng Lim Saw
Distinguishing The Fair Use And Fair Dealing Doctrines In Copyright Law—Much Ado About Nothing?, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
It is often assumed and taken for granted that there is a gulf separating the fair use and fair dealing doctrines in copyright law arising principally from the ‘open v closed’ distinction that is made of the statutory schemes in the respective fair use and fair dealing jurisdictions.It will be argued in this article, after a comparative and comprehensive study of the case law and of the various (overlapping) fairness factors, that this distinction merely reflects a difference as to legislative form, rather than the substance of the fairness analysis that may ultimately bear on the outcome of a fairness …
Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry
Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry
Sabin Center for Climate Change Law
Drawing from the jurisdictions covered in the Sabin Center's United States (U.S.) and Global Climate Litigation databases, this report offers insights into key developments, emerging themes, evolving legal strategies, and the pulse of climate litigation in 2023.
Investigating The Benefits Of Live Remote Proctoring, State Bar Of California
Investigating The Benefits Of Live Remote Proctoring, State Bar Of California
Grantee Research
This research project evaluated the Live Remote Proctoring (LRP) for the First-Year Law Students’ Examination (FYLSX) in terms of test performance, examinee experience, and exam violation incidents.
Utilizing LRP in the October 2022 FYLSX, the study compared this session to 20 previous exams spanning from 2012 to 2022 and analyzed post-exam feedback and violation reports. The findings indicate that LRP did not conclusively outperform previous remote testing modalities in terms of exam performance. While there was a modest improvement in pass rates, it fell within the expected range of historical fluctuations, suggesting that LRP may not have been the influencing …
Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo
Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo
Journal of International Business and Law
Under American and Chinese law, the duty of the non-breaching party to mitigate damages is a core principle of general contract law. In the United States, an exception is found in letters of credit law where the beneficiary party has no such duty when an issuing bank (issuer) wrongfully dishonors payment under a letter of credit (LC). The beneficiary may recover the face amount dishonored plus any other losses recoverable under applicable law. The rationale for not applying the general duty of mitigation to letters of credit (LCs) is the independence principle, which asserts that the LC transaction is independent …
An Artist's Right To Their Fair Share: How The Playing Field For Public Rights In America Could Be Dramatically Altered, Yonatan Bertel
An Artist's Right To Their Fair Share: How The Playing Field For Public Rights In America Could Be Dramatically Altered, Yonatan Bertel
Journal of International Business and Law
No abstract provided.
To Ban Ransomeware Payments Or Not To Ban Ransomware Payments: The Problems Drafting Legislation In Reponse To Ransomware, Sean O'Connell
To Ban Ransomeware Payments Or Not To Ban Ransomware Payments: The Problems Drafting Legislation In Reponse To Ransomware, Sean O'Connell
Journal of International Business and Law
No abstract provided.
Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Five Ways Law School Contributes to Life’s True Purpose
- Faith in Law: A Q&A with President Dallin H. Oaks
- Personal Religious Conviction and the Practice of Law
Constructing Clearer Policy: Reconsidering Louisiana’S Anti-Indemnity Regime For Additional Insured Agreements In Public Construction Contracts, Andrew Hughes
Louisiana Law Review
No abstract provided.
Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom
Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom
UC Law Journal
Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically significant disparities—do not establish an equal protection violation without a showing of “purposeful discrimination.” The California Racial Justice Act (CRJA), enacted in 2020 and further amended in 2022, introduced a first-of-its-kind test for actionable racial disparity even in the absence of a showing of intent, allowing for relief when the “totality of the evidence demonstrates a significant difference” in charging, conviction, or sentencing across racial groups when compared to those who are “similarly situated” …