Digital Commons Network^™

The Broader Lessons Of Privacy Law, Salome Viljoen

Articles

This Article explores the trend of privacy—and what kind of techno-social or legal effect ought to count as a “privacy harm”—expanding to encompass a growing set of social factors. This big-tent approach to privacy has several virtues. However, it also comes with a few costs. While others have explored the conceptual and doctrinal tradeoffs that an expansive approach to privacy may entail, this Article focuses on a secondary effect the trend toward expansiveness has had on the relationship between privacy scholarship and legal scholarship more broadly. This Article suggests that the internal expansiveness of privacy means that insights developed within …

Race, Religion, And Reconciliation: Building A Mosaic Of Latine Faith From The Margins, Sabrina A. Ochoa

University of Miami Race & Social Justice Law Review

No abstract provided.

Are Healthy Foods “White People Food”: A Legal Analysis Of Disparities In Healthy Food Accessibility And Affordability At Grocery Stores And Restaurants In Low-Income Neighborhoods, Sara St. Juste

University of Miami Race & Social Justice Law Review

No abstract provided.

Democracy, Chevron Deference, And Major Questions Anti-Deference, Richard W. Murphy

Georgia Law Review

In 1984, the Supreme Court in its Chevron opinion invoked democratic values to help justify holding that courts should defer to an agency’s reasonable construction of a statute that it administers. In 2022, in West Virginia v. EPA, the Court invoked democratic values to help justify the major questions doctrine (MQD), which requires clear congressional authorization for agency claims of major regulatory power. Democracy, it seems, requires deference and anti-deference for agency statutory interpretations.

Or maybe not. This Article submits that the democracy talk of Chevron and West Virginia is implausible, misleading, and may have caused the law to evolve …

Can The Automated State Be Trusted? The Role Of Rule Of Law Safeguards For Governing Automated Decision-Making And Artificial Intelligence, Joanna Mazur, Maciej Bernatt

Georgia Law Review

The goal of this Article is to take a broader perspective on the lessons which can be learned from the implementation of automated decision-making in the public sector—specifically in regard to how procedural rule of law mechanisms can make such projects trustworthy. The underlying idea behind this Article is to posit the debate about the ADM within the context of rule of law as a key notion in liberal democracies. At the same time, we rely on a law and political economy framework. We look through the lens of power relations and assess to what extent selected procedural solutions governing …

Legal Accountability And Judicial Review During The Covid-19 Pandemic In Aotearoa New Zealand, Dean Knight

Georgia Law Review

The government in Aotearoa New Zealand, like other governments elsewhere, exercised significant and unprecedented power during the COVID-19 pandemic in order to combat the virus and to protect its people. The breadth and depth of the public health response also caused monumental interference in people’s lives. This Article discusses the way judicial review of administrative action was used to hold the government accountable in law for its public health response and provided an avenue for people to pursue grievances. The key phases of the public health response are described, and the types of power exercised are identified. The nature and …

Judicial Review Of Coronavirus Measures In The United Kingdom And France, Duncan Fairgrieve, Francois Lichere

Georgia Law Review

This Article examines the executive measures taken during the coronavirus pandemic and the challenges brought against them before the courts. Adopting a comparative law perspective by contrasting the U.K. and France, the authors compare the principles applied by the courts, the degree of intensity of judicial review, and the deference afforded to public authorities often acting in haste to respond to the public health threat of the pandemic. While it is not easy to explain those differences, institutional, procedural, and socio-legal factors may play a role.

Gratuitous Wealth: How Wealth Transfer Tax Avoidance Contributes To America's Unwinding, Robbie Ottley

Georgia Law Review

In an era of increasing economic concentration, ultrawealthy Americans overwhelmingly pay taxes at a lower rate than their fellow taxpayers. Using tax avoidance mechanisms, the ultrawealthy cling tightly to their wealth, worsening economic inequality. A particular culprit is the ultrawealthy’s avoidance of generational wealth transfer taxes through mechanisms like the grantor retained annuity trust, or GRAT. Since 2000, GRATs have exploded in use, and estimates of the tax avoided through this mechanism range from hundreds of billions to trillions of dollars. By exacerbating economic inequality, GRATs and other transfer tax avoidance mechanisms accelerate the socioeconomic and cultural fracturing that has …

Overcoming Recruitment And Retention Challenges In Law Enforcement: A Systematic Review, Richard Odin Segovia

Faculty Publications and Presentations

Purpose: This systematic review explores the recruitment and retention challenges in law enforcement, focusing on their impact on operational effectiveness and community safety. The goal is to synthesize existing literature to identify research gaps and suggest directions for future studies. By examining qualitative and quantitative research, this review aims to provide practical strategies to improve recruitment and retention in law enforcement. Methods: Searches were conducted using Google Scholar, JSTOR, and ProQuest to capture a broad range of law enforcement recruitment and retention studies. The selection process involved a systematic search that yielded 135 records. After removing duplicates, 42 studies were …

Rebooting The Supreme Court, Benjamin J. Priester

Tulsa Law Review

No abstract provided.

The Automation Paradox, Mbilike M. Mwafulirwa

Tulsa Law Review

No abstract provided.

Disparately Disabled: Advocating For All Federal Courts Of Appeals To Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law, Dustine Bowker

Washington Law Review

People with disabilities have the same rights and deserve to enjoy the same privileges as everyone else. However, people with disabilities face societal inequities that hinder their full participation in society. As a result of persistent advocacy and civil protest, federal laws have been enacted to prohibit discrimination based on a person’s disability. Yet, policies that discriminate against people with disabilities have continued. One cause of this troubling situation is that federal circuit courts still disagree on whether federal disability rights laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), allow plaintiffs …

Major Reform With Minor Risk: Implementation Of Change Initiatives As A Learning Challenge, Sara J. Berman, Chance Meyer

The University of New Hampshire Law Review

The call for change in legal education has been loud and clear for more than a century. Despite some resistance among powerholders who benefit from status quo, faculty and administrators across the country work earnestly to solve problems, improve learning, and promote equity. Yet time and again, initiatives are logjammed, shot down as unworkable, misimplemented, or abandoned prematurely when they do not meet unrealistically high expectations for immediate, dramatic results. This article builds on the premises that (1) change is needed, (2) a wide range of sound change ideas for reform and progress are available, and (3) effective implementation of …

Reimagining Legal Education: Insights From Unh Franklin Pierce's First 50 Years, Christopher S. Reed

The University of New Hampshire Law Review

Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available at the time, and the curriculum overall emphasized practical skills over theory.

Today, half a century later, Dr. Rines’s vision not only endures, but flourishes.

In addition to becoming one of the world’s most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law∗ is the home of two pioneering …

Navigating State Interventions: The Pivotal Role Of Ptas In Modern Trade Conflicts, Andrew D. Mitchell

Chicago Journal of International Law

In international trade, State interventions often challenge the efficacy of traditional antidumping and countervailing measures under the World Trade Organization (WTO) framework. This article examines the limitations of the Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures (SCM Agreement) in addressing State interventions, such as export taxes, export bans on raw materials, and non-commercial activities by State-owned enterprises. These interventions pose significant legal and economic challenges in global trade. The article advocates for the potential of preferential trade agreements (PTAs) as practical tools to address these challenges, surpassing traditional legal pathways under the Anti-Dumping Agreement. An analysis of …

Shakespeare, Succession, And Estate Planning:Lessons From The Bard, Leslie Kiefer Amann

ACTEC Law Journal

Probated in 1616, Shakespeare's Will is surprisingly relevant today. Two daughters survived him, but his only son died at age 11. Wife and daughters could not inherit a business in the theater, so he made changes in structure of the businesses he owned, and reallocated assets to accommodate the loss of his male heir. Shakespeare left no autobiographical information, but by examining his legal documents, we see him shift a thriving business, dependent on the unique talents and active participation of its founder, to passive assets in modified entity structures and generate an income stream for female descendants. Changes made …

Public Health And Human Health Implications Of Climate Mobility, Julia Neusner, Ama Francis

Sabin Center for Climate Change Law

Climate change poses significant challenges at the intersection of human and public health, mobility, and international law. Adverse climate impacts undermine the quality of human and public health, contributing to increasing global mobility, while climate-impacted migrants and displaced people can experience severe health challenges in transit and in their receiving communities. Moreover, the nexus between climate change, human and public health, and mobility exacerbates pre-existing vulnerabilities, undermining human rights and implicating State obligations. As international and regional courts, including the International Court of Justice (ICJ), clarify states’ duty to protect people from the adverse impacts of climate change, it is …

A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz

UC Law SF International Law Review

This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …

“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin

UC Law SF International Law Review

This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …

Think Of The Children! Unmasking The Rhetoric Behind Internet Censorship In The Digital Age, Annaleigh Hobbs

Missouri Law Review

The Internet is becoming increasingly interwoven into the fabric of daily life. Now more than ever, Americans are concerned about internet privacy and how personal data is being used, stored, and collected. Additionally, with information readily available at the click of a mouse or tap on a screen, there is rising concern about the impact of the Internet on both children and teenagers. Children’s internet use doubled during the COVID-19 pandemic, and a census on media use by teens and tweens in 2021 reported that one in four teenagers use social media “almost constantly.”

Challenges Of Mediating Investor-State Disputes, Mariam Gotsiridze

Singapore International Dispute Resolution Academy

Mediation has gained a lot of traction in the context of ISDS in the past few years. There are many who truly believe that this could be an alternative to highly costly and lengthy investor-State arbitrations and litigations. States have started to include mediation in their investment treaties; institutions have designed separate mediation rules and procedures specifically for investor-State disputes. The 2022 International Dispute Resolution Survey from the Singapore International Dispute Resolution Academy (SIDRA) is a testament to this positive trend towards investor-State mediation. In the 2022 SIDRA Survey, the respondents signal increased acceptance of mediation in ISDS. Despite these …

Symposium Introduction: Challenge And Hope, Frank A. Fritz, Kyle-Matthew Taylor

Nevada Law Journal

No abstract provided.

Sacrifice Zones, Jonathan Rosenbloom

Nevada Law Journal

No abstract provided.

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

UMKC Law Review

The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …

Regulating Forever?: The Epa's Goal To Remediate Forever Chemicals Already In The Environment Under The Safe Drinking Water Act, Anna Donaldson

UMKC Law Review

No abstract provided.

Reconceiving Corporate Rights And Regulation In The Ai Era, Michael R. Siebecker

Missouri Law Review

Can existing corporate governance principles properly guide the relationship between shareholders and directors as artificial intelligence (“AI”) plays an increasingly prominent role in corporate management, planning, and operations? Without a doubt, AI technologies allow corporations to enjoy enhanced efficiency and innovation. But the vast range of AI capabilities—from sophisticated data analytics to autonomous decision-making—raises profound questions about whether traditional governance principles remain sufficiently robust to cabin the proper development and deployment of such a powerful and rapidly evolving set of new technologies. Current corporate governance structures that focus on human actors and traditional business decision-making mechanisms seem ill-suited to address …

The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick

Washington Law Review

In the current moment of interstate friction over abortion, the penal judgment exception poses a barrier against interstate enforcement of bounty laws. A doctor who prescribes a medicated abortion to a Texas patient may be exposed to civil liability—even in faraway Washington State. A Washington court asked to enforce a Texas judgment against the doctor is subject to the Full Faith and Credit Clause. Article IV, Section 1 of the United States Constitution mandates that each state give full faith and credit to judgments rendered in sister states. Under Texas Senate Bill 8 (S.B. 8), any member of the public …

Negotiating Pluralism: Dilemmas Of Decentralization In The Middle East, Asli Ü. Bâli, Omar M. Dajani

UC Law Journal

This Article explores the potential of decentralized governance and territorial arrangements to address the overlapping governance crises and identity conflicts in the Middle East and North Africa (the “MENA”). Despite an extensive literature on decentralization and federalism in comparative law and politics, few studies have considered such initiatives in this region. By undertaking a qualitative comparison of decentralizing initiatives in four MENA countries—Tunisia, Iran, Syria, and Yemen—this Article provides the first sustained examination of these understudied cases and in the process suggests a variety of region-wide implications.

The cases are generative both in addressing ongoing debates about the merits of …

Forced Pooling: The Unconstitutional Taking Of Private Property, Kevin J. Lynch

UC Law Journal

Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political challenge, as many people make a lot of money from the fossil fuel industry, and they resist change. But an overlooked legal doctrine shows that we are not even going after the lowest hanging fruit. Oil and gas rights are often privately held in the United States. Some owners of those rights would be happy to leave their oil and gas safely in the …

Sustainability: A Legal Value And A Legal Principle, Irma S. Russell

UMKC Law Review

Introduction to the symposium issue, Sustainability as a Legal Value and a Legal Principle. This issue explores the concept of sustainability as a legal principle, presents food for thought about sustainability development, and provides inspiration for climate action.