Data Autonomy, 2021 Texas A&M University School of Law
Data Autonomy, Cesare Fracassi, William Magnuson
Faculty Scholarship
In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all, …
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, 2021 University of Pennsylvania Carey Law School
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne
All Faculty Scholarship
Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.
After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay …
The Moral Ambiguity Of Public Prosecution, 2021 University of Michigan Law School
The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow
Articles
Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs. Although …
Just Say Yes? The Fiduciary Duty Implications Of Directorial Acquiescence, 2021 University of Pennsylvania Carey Law School
Just Say Yes? The Fiduciary Duty Implications Of Directorial Acquiescence, Lisa Fairfax
All Faculty Scholarship
The rise in shareholder activism is one of the most significant recent phenomena in corporate governance. Shareholders have successfully managed to enhance their power within the corporation, and much of that success has resulted from corporate managers and directors voluntarily acceding to shareholder demands. Directors’ voluntary acquiescence to shareholder demands is quite simply remarkable. Remarkable because most of the changes reflect policies and practices that directors have vehemently opposed for decades, and because when opposing such changes directors stridently insisted that the changes were not in the corporation’s best interest. In light of that insistence, and numerous statements from directors …
Tax Incentives For Green Burial, 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law
Tax Incentives For Green Burial, Victoria J. Haneman
Nevada Law Journal
No abstract provided.
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, 2021 University of Michigan Law School
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Michigan Law Review
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of …
Settled Law, 2021 Texas A&M University School of Law
Settled Law, G. Alexander Nunn, Alan M. Trammell
Faculty Scholarship
“Settled law” appears frequently in judicial opinions — sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine. During judicial confirmation hearings, the term is bandied about as Senators, advocacy groups, and nominees discuss judicial philosophy and deeper ideological commitments. But its varying and often contradictory uses have given rise to a concern that settled law is simply a repository for hopelessly disparate ideas. Without definitional precision, it risks becoming nothing more than empty jargon.
We contend that settled law is actually a meaningful …
The Robed Tweeter: Two Judges' Views On Public Engagement, 2021 University of Arkansas at Little Rock William H. Bowen School of Law
The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack
The Journal of Appellate Practice and Process
No abstract provided.
Social Problems And Their Solutions Through Al Noor Letters Of Badie Al Zaman Al Nawrasi, 2021 Faculty of Islamic Studies and Shari’a, Yarmouk University, Irbid, Jordan
Social Problems And Their Solutions Through Al Noor Letters Of Badie Al Zaman Al Nawrasi, Mohamed Ahmed Malkawai, Naheel Ali Saleh
UAEU Law Journal
This study aimes to introduce AL Nourasi's lucubration in Rasayel AL Noor and his approach that deals with social problems by explaning their concept, sorts, explaining trends and ways of treatment. This study illustrates models of social problems which are studied in details by AL Nourasi. He explained their items, concepts and reason in dealing with many social problems such as: imitation, luxury, violence, poverty, racism and tyranny. The two researchers have used the Analytic Descriptive Approach that illustrates the phonemenon of social problems and their analysis by studying social problem texts written in Rasayel AL Noor in order to …
Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, 2021 University of Pennsylvania
Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams
All Faculty Scholarship
In view of the decline in gain sharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better.
But board-level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is provided …
Welcome To The New Dignity, 2021 Dignity: A Journal of Analysis of Exploitation and Violence
Welcome To The New Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Partisan Gerrymanders: Upholding Voter Suppression And Choosing Judicial Abdication In Rucho V. Common Cause, 2021 University of Miami School of Law
Partisan Gerrymanders: Upholding Voter Suppression And Choosing Judicial Abdication In Rucho V. Common Cause, Frances R. Hill
University of Miami Law Review
Under the Constitution, voters choose their elected officials. Partisan gerrymanders, however, enable elected officials to choose their voters and, in the process, dilute the votes of citizens who do not support them. From this perspective, partisan gerrymanders undermine the sovereignty of the people and, thereby, undermine the foundation of this democratic republic. In Rucho v. Common Cause, the Supreme Court declared that partisan gerrymandering raises a nonjusticiable political question beyond the competence of the federal courts. This Article asks: How did this happen? How could the Supreme Court abdicate its duty to protect the sovereignty of the people and …
Virus As Foreign Invader: U.S. Voters & The Immigration Debate, 2021 University of Miami School of Law
Virus As Foreign Invader: U.S. Voters & The Immigration Debate, Rebecca Sharpless
University of Miami Law Review
Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held beliefs about outsider threats and further entrench the polarization of public views on immigration. During his campaigns and term in office, President Trump popularized nativism, breaking from the received wisdom of the Republican party. Casting the virus as a foreign invader, he built on fears of the contagion to alter …
The Cost Of Free Speech: Combating Fake News Or Upholding The First Amendment?, 2021 University of Miami Law School
The Cost Of Free Speech: Combating Fake News Or Upholding The First Amendment?, Brittany Finnegan
University of Miami Law Review
This Note examines the pervasive and evolving “fake news” problem. Specifically, it explores whether the United States government could pass legislation, modeled after a recently passed German law, regulating propagandistic social media posts. The answer to this question, in short, is no. By comparing the German Basic Law and the U.S. Constitution, this Note highlights the stringency of U.S. First Amendment protections and underscores the U.S. government’s inability to combat fake news through legislation. While this Note primarily focuses on the prevalence of fake news in the context of the 2016 U.S. presidential election, related developments and areas of research …
Anti-Science Ideology, 2021 Florida State University College of Law
Anti-Science Ideology, Shi-Ling Hsu
University of Miami Law Review
Political attacks against scientists and scientific research are nothing new, though the Trump Administration appears to have increased both the breadth and the depth of such attacks. What is new, it seems, are attacks on science that are not in service of protecting any identifiable regulated industry. Under the Trump Administration, the attacks on science are more systemic, and aimed more at reducing scientific capacity in the federal government, rather than mere one-off policy interventions to help an individual industry.
This Article suggests that the Trump Administration, more than previous administrations, has sought to use science as part of a …
Using Election Forecasts To Understand The Potential Influence Of Campaigns, Media, And The Law In U.S. Presidential Elections, 2021 Cornell Center for Social Sciences
Using Election Forecasts To Understand The Potential Influence Of Campaigns, Media, And The Law In U.S. Presidential Elections, Peter K. Enns, Julius Lagodny
University of Miami Law Review
How do campaigns, media, and voting laws influence the outcome of U.S. Presidential elections? Political scientists often argue that these factors influence outcomes much less than commonly thought. To illustrate this argument, we show that we can predict the presidential vote in each state with a high degree of accuracy. Specifically, between 2004 and 2016, we correctly predict 94% of all state presidential vote outcomes. Our predictions are based on a forecasting model of the Electoral College, based primarily on each state’s approval rating of the incumbent president (using almost 90,000 survey responses from June and July of election years), …
Power To The People: The Supreme Court’S Confirmation Of State Power In The Wake Of Faithless Electors, 2021 University of Miami Law School
Power To The People: The Supreme Court’S Confirmation Of State Power In The Wake Of Faithless Electors, Gabrielle Engel
University of Miami Law Review
One of the most cherished American liberties is the right to vote. Yet, the Constitution does little to protect the integrity of individual voters. Instead, the Founding Fathers created an Electoral College to represent states’ will. Over time, states enacted laws requiring that electoral votes be cast to reflect the state popular vote. In 2016, several electors voted for candidates who did not win their state’s popular vote, grounding their actions in a believed constitutional right to vote freely and unencumbered by state outcomes. The Supreme Court addressed this issue in Chiafalo v. Washington, holding that states may bind electoral …
Look Who's Talking: Differences In Rates Of Interruptions And Proportion Of Time Used By Male And Female U.S. Courts Of Appeals Judges, 2021 University of Louisville
Look Who's Talking: Differences In Rates Of Interruptions And Proportion Of Time Used By Male And Female U.S. Courts Of Appeals Judges, Sabrina L. Collins, Molly G Baldock, Jasmyne N. Post, Elizabeth Turner
Grawemeyer Colloquium Papers
During oral arguments, attorneys are given the chance to elaborate on their written briefs and answer questions from the judges deciding the case. Studying oral arguments can be a window into the power dynamics between judges and attorneys, and can shed light onto how factors like gender may affect judicial decision-making. While a growing body of research has examined gender dynamics in oral arguments in the United States Supreme Court, no existing studies have examined whether these findings hold up in the U.S. Court of Appeals, the second highest courts in the country. We collected data on two years of …
Coronavirus "Cures" And The Courts, 2021 William & Mary Law School
Coronavirus "Cures" And The Courts, Chad G. Marzen, Michael Conklin
William & Mary Business Law Review
The coronavirus pandemic has drastically affected nearly every aspect of American life. Unfortunately, it has also created an opportunity for those willing to exploit vulnerable citizens by selling fake “cures.” This Article analyzes a lawsuit against televangelist Jim Bakker for doing just that. This Article also calls for increased protection for individuals when a global health pandemic and national emergency have been declared. This Article advocates a novel proposal—the enacting of a federal statute making it a felony for an individual to knowingly sell a fraudulent cure for any disease that has been designated a pandemic by the World Health …
Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, 2021 Barry University School of Law
Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard
Environmental and Earth Law Journal (EELJ)
No abstract provided.