Contract's Influence On Feminism And Vice Versa,
2021
University of Maryland Francis King Carey School of Law
Contract's Influence On Feminism And Vice Versa, Martha M. Ertman
Faculty Scholarship
Feminist legal theory has both embraced and rejected contract. While contract-based conceptual and doctrinal tools have improved women’s economic and social status, feminists also critique contract-based reforms for colluding with hierarchies of gender, race and class. This chapter charts influential work on both sides of the contract debate and identifies a third approach that sees contract as a mechanism for law to move away from a hierarchal regime by stopping at a contractual way station en route to a more equal system of public ordering. It concludes by identifying ways that feminist legal theorists have injected feminist insights into traditional …
Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach,
2021
Mitchell Hamline School of Law
Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach, Antonia Kurtz
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Racism, Incorporated: Ramos V. Louisiana And Jogging While Black,
2021
Penn State Law
Racism, Incorporated: Ramos V. Louisiana And Jogging While Black, Victor C. Romero
Journal Articles
There is more to the U.S. Supreme Court’s recent decision in Ramos v.
Louisiana than its holding requiring unanimous state jury verdicts via the
incorporation doctrine. The underlying debate among the Justices in Ramos
about the salience of race in the law is a window into the current cultural
moment. After identifying the racial debate underlying the Justices’ views in
Ramos, this Essay shows how the same pattern emerges in our social and
legal debates around vigilante policing of Black Americans, including a
close-up look at the recent killing of Ahmaud Arbery. Social psychology
teaches us that society stereotypes …
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership,
2021
University of Colorado Law School
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Publications
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …
Addressing The Community Trauma Of Inequity Holistically: The Head And The Heart Behind Structural Interventions, 98 Denv. L. Rev. 1 (2021),
2021
UIC School of Law
Addressing The Community Trauma Of Inequity Holistically: The Head And The Heart Behind Structural Interventions, 98 Denv. L. Rev. 1 (2021), Amy T. Campbell
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Naacp's Rape Docket And The Origins Of Criminal Procedure,
2021
University of Pennsylvania Carey Law School
The Naacp's Rape Docket And The Origins Of Criminal Procedure, Scott W. Stern
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Reverse Integration: Centering Hbcus In The Fight For Educational Equality,
2021
University of Pennsylvania Carey Law School
Reverse Integration: Centering Hbcus In The Fight For Educational Equality, Stacy Hawkins
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Regulating The Reluctant: Policies That Benefit Vulnerable People In Multi-Level Marketing,
2021
University of Pennsylvania Carey Law School
Regulating The Reluctant: Policies That Benefit Vulnerable People In Multi-Level Marketing, Annie Blackman
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Practical Abolition: Universal Representation As An Alternative To Immigration Detention,
2021
Washington and Lee University School of Law
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Scholarly Articles
A federally funded universal representation program can serve as a practical first step toward the abolition of immigration detention and the other harsh enforcement mechanisms that are utilized today. While abolition is typically an ideology espoused by a small subsection of the general population, its purpose can be achieved through a less partisan and broader reaching ideal -- fiscal efficiency and responsibility. By demonstrating that the provision of counsel and other wrap around services is significantly less costly than immigration detention, while also showing that providing counsel and wrap around services is an extremely effective way to ensure compliance, this …
The Republic Of Letters And The Origins Of Scientific Knowledge Commons,
2021
University of Pittsburgh School of Law
The Republic Of Letters And The Origins Of Scientific Knowledge Commons, Michael J. Madison
Book Chapters
The knowledge commons framework, deployed here in a review of the early network of scientific communication known as the Republic of Letters, combines a historical sensibility regarding the character of scientific research and communications with a modern approach to analyzing institutions for knowledge governance. Distinctions and intersections between public purposes and privacy interests are highlighted. Lessons from revisiting the Republic of Letters as knowledge commons may be useful in advancing contemporary discussions of Open Science.
Critical Race Theory As Intellectual Property Methodology,
2021
University of Pittsburgh School of Law
Critical Race Theory As Intellectual Property Methodology, Anjali Vats, Deidre A. Keller
Book Chapters
This chapter traces the emergence of Critical Race Intellectual Property (CRTIP) as a distinct area of study and activism that builds on the work of Critical Legal Studies and Critical Intellectual Property scholars. Invested in the workings of power - but with particular intersectional attentiveness to race - Critical Intellectual Property works to imagine new, often more socially just, forms of knowledge produce. In this brief chapter, we lay out the origins of Critical Race Theory (CRT) and its central methods, articulate a vision of CRT, and contemplate how CRT's interdisciplinary and transnational methods might apply to intellectual property. In …
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023),
2021
University of Maine School of Law
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg
Faculty Publications
Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. …
Rethinking Grid Governance For The Climate Change Era,
2021
University of Pennsylvania Carey Law School
Rethinking Grid Governance For The Climate Change Era, Shelley Welton
All Faculty Scholarship
The electricity sector is often appropriately called the linchpin of efforts to respond to climate change. Over the next few decades, the U.S. electricity sector will need to double in size to accommodate electric vehicles, at the same time that it transforms to run entirely on clean energy. To drive this transformation, states are increasingly adopting 100% clean energy targets. But fossil fuel corporations are pushing back, seeking to maintain their structural domination of the U.S. energy sector. This article calls attention to one central but under-scrutinized way that these companies impede the clean energy transition: Incumbent fossil fuel companies …
The Economic Case For Rewards Over Imprisonment,
2021
Maurer School of Law: Indiana University
The Economic Case For Rewards Over Imprisonment, Brian D. Galle
Indiana Law Journal
There seems to be a growing social consensus that the United States imprisons far too many people for far too long. But reform efforts have slowed in the face of a challenging question: How can we reduce reliance on prisons while still discouraging crime, particularly violent crime? Through the 1970s, social scientists believed the answer was an array of what I will call preventive benefits: drug and mental health treatment, housing, and even unconditional cash payments. But early evaluations of these programs failed to find much evidence that they were successful, confirming a then-developing economic theory that predicted the programs …
Putting Paper To Pen: Generation Juul's Case For Harm Reduction,
2021
Indiana University Maurer School of Law
Putting Paper To Pen: Generation Juul's Case For Harm Reduction, Liz Emanuel
Indiana Law Journal
Part I of this Note soberly explores and delineates the perceived and real threats of vaping for America’s youth, concluding with an analysis of the socioeconomic and developmental health effects of nicotine addiction. Part II delves into the federal government’s response to e-cigarettes as well as the powers and limitations of federal regulation under the Food and Drug Administration’s (FDA) “Deeming Rule” and the potential effectiveness of an increase in the national tobacco purchase age or a federal ban on flavored vaping products. Part III discusses the realistic benefits of taking a harm reduction approach to youth vaping in the …
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake,
2021
Touro Law Center
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Touro Law Review
No abstract provided.
The Tobacco Control Act’S Pmta And Mrtp Provisions Mean To Protect The Usa From Any New Tobacco Products That Will Not Reduce Health Harms—But Fda Isn’T Cooperating,
2021
University of Maryland Francis King Carey School of Law
The Tobacco Control Act’S Pmta And Mrtp Provisions Mean To Protect The Usa From Any New Tobacco Products That Will Not Reduce Health Harms—But Fda Isn’T Cooperating, Eric N. Lindblom
Journal of Health Care Law and Policy
No abstract provided.
Coercive Interventions In Pregnancy: Law And Ethics,
2021
University of Maryland Francis King Carey School of Law
Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall
Journal of Health Care Law and Policy
No abstract provided.
Under Attack: Transgender Health In 2020,
2021
University of Maryland Francis King Carey School of Law
Under Attack: Transgender Health In 2020, Paula M. Neira, An Na Lee
Journal of Health Care Law and Policy
No abstract provided.
Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance,
2021
Charles Koch Institute
Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson
Catholic University Journal of Law and Technology
The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.
