Mitchell Hamline School of Law
University of San Diego
Seattle University School of Law
University of Michigan Law School
Duke Law School
William & Mary Law School
The Ftc And Ai Governance: A Regulatory Proposal,
2020
Seattle University School of Law
The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro
Seattle Journal of Technology, Environmental & Innovation Law
No abstract provided.
Montana Wildlife Federation V. Bernhardt,
2020
Alexander Blewett III School of Law at the University of Montana
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Public Land & Resources Law Review
A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use ...
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Human Supremacy As Posthuman Risk,
2020
New Jersey Institute of Technology
Human Supremacy As Posthuman Risk, Daniel Estrada
The Journal of Sociotechnical Critique
Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of ...
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete,
2020
Texas A&M School of Law
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Pace Intellectual Property, Sports & Entertainment Law Forum
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization ...
Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution,
2020
Pepperdine University
Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee
The Journal of Business, Entrepreneurship & the Law
This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.
Loans And Marketing Guarantees In Athlete Agent Recruiting: Why They Are Ill-Advised Under Agency Law And Attorney Ethics Regulations Principles,
2020
Texas A&M University School of Law
Loans And Marketing Guarantees In Athlete Agent Recruiting: Why They Are Ill-Advised Under Agency Law And Attorney Ethics Regulations Principles, Joshua Lens
Texas A&M Law Review
Athlete agents use various means to recruit prospective clients. Controversial yet common methods include offering loans and marketing guarantees to prospective clients. In each transaction, the agent provides his client with money, in some cases amounting to millions of dollars. The agent typically expects repayment of the loan whereas the marketing guarantee is an advance on future marketing income that the agent will arrange for the athlete. While both National Football League Players Association (“NFLPA”) agent regulations and state athlete agent laws prohibit agents from offering inducements to prospective clients, neither authority considers loans or marketing guarantees illicit or prohibits ...
Contract Law’S Transferability Bias,
2020
London School of Economics and Political Science
Contract Law’S Transferability Bias, Paul Macmahon
Indiana Law Journal
When A makes a contract with B, it comes as no surprise that she is liable to B. If B can transfer her contractual rights to C, A is now liable to C. Parties in A’s position often have strong reasons to avoid being liable to suit by C. Contract law, however, seems determined to minimize and override these concerns. Under current doctrine on the assignment of contractual rights—the focus of this Article—the law often imposes its own preference for transferability on the parties. The law generally assumes that contractual rights are assignable, construes exceptions to that ...
The Grip Of Nationalism On Corporate Law,
2020
Maurer School of Law: Indiana University
The Grip Of Nationalism On Corporate Law, Mariana Pargendler
Indiana Law Journal
Part I provides a brief overview of the relationship between corporate law and nationalism and demonstrates their interaction in the historical experiences of several key jurisdictions. These vignettes are merely illustrative, but they indicate how deep the link between nationalism and corporate law can be. Part II summarizes the evidence on the economic effects of foreign corporate control, showing that it is ultimately inconclusive. Part III explains why corporate law can be an attractive instrument to accomplish nationalist objectives and explores the possible regulatory responses to this phenomenon. Part IV analyzes the implications of these findings for future developments in ...
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs,
2020
Seattle University
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens
Dickinson Law Review
In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While ...
Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism,
2020
Penn State Dickinson Law
Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi
Dickinson Law Review
No abstract provided.
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?,
2020
University of Florida Levin College of Law
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
Dickinson Law Review
In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the ...
The Opioid Litigation: The Fda Is Mia,
2020
NYU School of Law
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review
It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have ...
Reflections On The Effects Of Federalism On Opioid Policy,
2020
Penn State Dickinson Law
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review
No abstract provided.
Double Fault: How The Ncaa's No-Agent Rule Serves Legal And Policy Errors Into The Courts Of Tennis,
2020
United States Military Academy, West Point
Double Fault: How The Ncaa's No-Agent Rule Serves Legal And Policy Errors Into The Courts Of Tennis, Christopher M. Hartley
Arkansas Law Review
From the courts of law to the courts of policy, collegiate tennis is hamstrung by the National Collegiate Athletic Association’s (NCAA) no-agent rule. The casual college or professional tennis fan may not be aware of the problem as the visible effects of the rule tend to make it seem like it is more of an individual player’s problem rather than a major concern for NCAA member schools. After all, it is the individual tennis player who loses a collegiate athletic opportunity if they violate the no-agent rule.
Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments,
2020
Maurer School of Law: Indiana University
Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd
Indiana Journal of Constitutional Design
In the pursuit of better policy, many nations have turned to Impact Assessments as a potential solution. However, in order to make Impact Assessments as effective and impactful as possible, governments must think critically about which body should write Impact Assessments and what should go into these documents. In this Paper, I survey different Impact Assessment structures and the various government bodies formed to draft or review them. After completing this survey, I conclude that presidential and parliamentary systems should form their Impact Assessment offices differently in order to complement their differing governmental structures. While presidential systems would be best ...
The Essential Roles Of Agency Law,
2020
University of Michigan Law School
The Essential Roles Of Agency Law, Gabriel Rauterberg
Michigan Law Review
This Article suggests a fundamental shift in how we think about agency. The essential function of agency law lies not only in enabling the delegation of authority, as is widely suggested, but as significantly in its effect on creditors’ rights through asset partitioning. There is an increasing temptation in legal scholarship to treat agency law as a sideshow confined to the first day of corporations class. This is because much of what agency law does in commerce could simply be accomplished through standard-form contracts that provide default terms for the relationships among firms, their managers, and third parties. Even agency ...
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete,
2020
Texas A&M University School of Law
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Student Scholarship
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization ...
Masthead,
2020
University of San Diego
Key,
2020
University of San Diego
