Illiberalism And Authoritarianism In The American States, 2021 University at Buffalo School of Law
Illiberalism And Authoritarianism In The American States, James A. Gardner
Journal Articles
Federalism contemplates subnational variation, but in the United States the nature and significance of that variation has long been contested. In light of the recent turn, globally and nationally, toward authoritarianism, and the concurrent sharp decline in public support not merely for democracy but for the philosophical liberalism on which democracy rests, it is necessary to discard or to substantially revise prior accounts of the nature of state-to-state variation in the U.S. All such accounts implicitly presuppose a common commitment, across the political spectrum, to the core tenets of democratic liberalism, and consequently that subnational variations in policy preferences and …
Assessing America’S Access To Civil Justice Crisis, 2021 University of California, Irvine School of Law
Assessing America’S Access To Civil Justice Crisis, Rebecca L. Sandefur, James Teufel
UC Irvine Law Review
Many strongly believe the United States faces a crisis in access to civil justice but differ starkly in what they believe that means. Some observers believe the key issue is unrepresented litigants in trials and hearings, while others point to the tens of millions of people facing justice problems outside of the courts with no assistance. We offer definitions of three concepts central to assessing the crisis—justiciable events, legal needs, and cases—and examine the availability of consistently collected, nationally representative data measuring these three phenomena. Such data are sparse. Some information about justice experiences is collected for those justiciable events—a …
Institutional Design For Access To Justice, 2021 University of California, Irvine School of Law
Institutional Design For Access To Justice, Emily S. Taylor Poppe
UC Irvine Law Review
Decades of empirical research have confirmed the prevalence of troublesome situations involving civil legal issues in everyday life. Although these problems can be associated with serious financial and social harm, they rarely involve recourse to lawyers or formal legal institutions. Contemporary scholars and practitioners increasingly integrate this reality into the definition of access to justice. They understand access to justice to be concerned with equality in the ability of individuals to achieve just resolutions to the problems they experience, regardless of whether they pursue formal legal action. To achieve this goal, an emerging international set of best practices calls for …
#Fortheculture: Generation Z And The Future Of Legal Education, 2021 Elon University School of Law
#Fortheculture: Generation Z And The Future Of Legal Education, Tiffany D. Atkins
Michigan Journal of Race and Law
Generation Z, with a birth year between 1995 and 2010, is the most diverse generational cohort in U.S. history and is the largest segment of our population. Gen Zers hold progressive views on social issues and expect diversity and minority representation where they live, work, and learn. American law schools, however, are not known for their diversity, or for being inclusive environments representative of the world around us. This culture of exclusion has led to an unequal legal profession and academy, where less than 10 percent of the population is non-white. As Gen Zers bring their demands for inclusion, and …
A Unified Theory Of Data, 2021 Texas A&M University School of Law
A Unified Theory Of Data, William Magnuson
Faculty Scholarship
How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our regulatory structures. But just what those problems might be remains an area of deep disagreement. Some argue that the problem with data is that current uses lead to discriminatory results that harm minority groups. Some argue that the problem with data is that it impinges on …
Designing Legal Experiences, 2021 University of Michigan Law School
Designing Legal Experiences, Maximilian A. Bulinski, J.J. Prescott
Book Chapters
Technological advancements are improving how courts operate by changing the way they handle proceedings and interact with litigants. Court Innovations is a socially minded software startup that enables citizens, law enforcement, and courts to resolve legal matters through Matterhorn, an online communication and dispute resolution platform. Matterhorn was conceived at the University of Michigan Law School and successfully piloted in two Michigan district courts beginning in 2014. The platform now operates in over 40 courts and in at least eight states, and it has facilitated the resolution of more than 40,000 cases to date. These numbers will continue to grow …
Structural Labor Rights, 2021 Boston College Law School
Structural Labor Rights, Hiba Hafiz
Michigan Law Review
American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …
The Basha's Tools? Imagining Alternative Justice Futures In Egypt, 2021 The American University in Cairo AUC
The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal
Theses and Dissertations
The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …
“Trumping” Affirmative Action, 2021 University of New Mexico - School of Law
“Trumping” Affirmative Action, Vinay Harpalani
Faculty Scholarship
This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by …
Protesting In America, 2021 William & Mary Law School
Algorithmic Legal Metrics, 2021 Chancellor’s Professor of Law, University of California, Irvine
Algorithmic Legal Metrics, Dan L. Burk
Notre Dame Law Review
Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further applications have been proposed to determine civil and criminal liability or to “personalize” legal default rules. Deployment of such artificial intelligence (AI) systems has properly raised questions of algorithmic bias, fairness, transparency, and due process. But little attention has been paid to the known sociological costs of using predictive algorithms to determine legal status. A large and growing social …
The Market As Negotiation, 2021 Professor, Washington University School of Law
The Market As Negotiation, Rebecca Hollander-Blumoff, Matthew T. Bodie
Notre Dame Law Review
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier—they are agglomerations of negotiations by individual parties. Despite theoretical and empirical work on markets and on negotiation, legal scholars have largely overlooked the connection between the two areas in considering how markets are constructed and regulated.
This Article brings together scholarship in law, economics, sociology, and psychology to better understand the role that negotiation plays …
The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, 2021 Haramaya University, Ethiopia
The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea
Journal of Food Law & Policy
In a 1992 letter to the New York Times, a man named Paul Lewis referred to genetically modified (GM) crops as "Frankenfood," and wryly suggested it might be "time to gather the villagers, light some torches and head to the castle." Little did Lewis know that his neologism would become the rallying cry for activists around the world protesting the dangers of genetic engineering. The environmental activist group Greenpeace made great use of the "Frankenfood" epithet in their anti-GM campaigns of the 1990s, though they have since backed away from the word and the hardline stance it represents. But genetically …
A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', 2021 General Services Administration
A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser
Journal of Food Law & Policy
America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.
Founding Managing Editor’S Welcome Message, 2021 Golden Gate University School of Law
Founding Managing Editor’S Welcome Message, Tiffany Avila
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
It is with great privilege and honor to introduce you to the GGU Gender, Race, Sexuality, and Social Justice Law Journal. This project started when my colleague, dearest friend and founding Editor-in-Chief, Silvia Chairez-Perez, approached me during our internship with the California Supreme Court Capital Central Staff. We were discussing how far we have come with the resources presented to us, and our motivation to provide a better pathway to underrepresented law students.
Founding Editor-In-Chief’S Welcome Message, 2021 Golden Gate University School of Law
Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Welcome! Thank you for visiting Golden Gate University’s Journal of Race, Gender, Sexuality, and Social Justice website. The Journal strives to provide race, gender, sexuality, and social justice practitioners, students, judges, and academics a platform to share their thought leadership via a born-digital format. We endeavor to publish legal scholarship of the highest quality.
Founding Journal Advisor’S Welcome Message, 2021 Golden Gate University School of Law
Founding Journal Advisor’S Welcome Message, Jyoti Nanda
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
IMPORT OF THE RACE, GENDER, SEXUALITY, & SOCIAL JUSTICE LAW JOURNAL IN 2021
The launch of the Race, Gender, Sexuality and Social Justice Law Journal is no small feat and I applaud our student leaders for their fortitude in the middle of a year unlike any other. In 2020, our country underwent a national reckoning on race trigged by the unlawful death by police of several unarmed African American women and men while grappling with a global pandemic that halted life as we knew it. Our GGU law students, like all students everywhere, persevered – shifting to remote learning and …
Interim Law Dean’S Welcome Message, 2021 Golden Gate University School of Law
Interim Law Dean’S Welcome Message, Eric C. Christiansen
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Welcome to the inaugural issue of the Golden Gate University Race, Gender, Sexuality, & Social Justice Law Journal. There has never been a more appropriate or important time to inaugurate a journal dedicated to the law’s capacity to advance social justice than right now. And there is no better institution to inaugurate this new journal than Golden Gate University School of Law. Thank you to all our readers—now and in the years to come—who will help us move the values, principles, and ideas in this journal into communities and courtrooms in pursuit of equality and true justice.
A Critical Essay On A Treatise On International Development Law: A Coming Of Age, 2021 DePaul University
A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar
DePaul Journal for Social Justice
No abstract provided.
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, 2021 DePaul University
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young
DePaul Journal for Social Justice
No abstract provided.