Digital Commons Network^™

The Unbearable Emptiness Of Formalism: Autonomy, Equality, And The Future Of Affirmative Action, Rachel F. Moran

Faculty Scholarship

Debates over affirmative action in higher education generally focus on equality interests under the Fourteenth Amendment but ignore liberty interests under the First Amendment. That tendency persists, even though the academic freedom to enroll a diverse student body has allowed colleges and universities to defend race-conscious admissions programs against legal challenges for decades. Today, the rise of formalism in judicial interpretation poses new perils for these programs. Justice Powell’s seminal decision in Regents of the University of California v. Bakke was a pragmatic compromise that used diversity to temper the polarized debate over equality that sharply divided the Court. In …

Sebastian Faulks’ Human Traces:A Journey Into The Depths Of The Human Psyche, Essam Fattouh

BAU Journal - Society, Culture and Human Behavior

Sebastian Faulk’s novel, Human Traces (2006), embarks on a new trend in contemporary English fiction. Through its representations of two main protagonists, pioneers in the field of psychology between the 1870s and 1918, Faulks traces the formative years of the development of the young discipline of psychiatry. Even though Faulks works in the realist traditions of Charles Dickens and George Eliot, yet he delves into such major questions as the role of unconscious motivations in human individual behaviour, the causes of mental illness, and the very attempt to understand the nature of the human being. The time frame of the …

The Need For An Integrated Preschool Efl Curriculum In Lebanon, Amal J. Yazigy Dr.

BAU Journal - Society, Culture and Human Behavior

An Integrated Curriculum for Preschool enriches the children’s linguistic environment that leads to better, more natural learning of the target language and concepts of different fields. This paper starts by reviewing available literature about child development, foreign language learning, EFL in this context, and the integrated curriculum. The development of a holistic curriculum for preschoolers in Lebanon is given taking into consideration the healthy cognitive, emotional, and psychomotor development of preschoolers.

Automating Fda Regulation, Mason Marks

Duke Law Journal

In the twentieth century, the Food and Drug Administration (“FDA”) rose to prominence as a respected scientific agency. By the middle of the century, it transformed the U.S. medical marketplace from an unregulated haven for dangerous products and false claims to a respected exemplar of public health. More recently, the FDA’s objectivity has increasingly been questioned. Critics argue the agency has become overly political and too accommodating to industry while lowering its standards for safety and efficacy. The FDA’s accelerated pathways for product testing and approval are partly to blame. They require lower-quality evidence, such as surrogate endpoints, and shift …

Algorithm V. Algorithm, Cary Coglianese, Alicia Lai

Duke Law Journal

Critics raise alarm bells about governmental use of digital algorithms, charging that they are too complex, inscrutable, and prone to bias. A realistic assessment of digital algorithms, though, must acknowledge that government is already driven by algorithms of arguably greater complexity and potential for abuse: the algorithms implicit in human decision-making. The human brain operates algorithmically through complex neural networks. And when humans make collective decisions, they operate via algorithms too—those reflected in legislative, judicial, and administrative processes. Yet these human algorithms undeniably fail and are far from transparent. On an individual level, human decision-making suffers from memory limitations, fatigue, …

Modeling Through, Ryan Calo

Duke Law Journal

Theorists of justice have long imagined a decision-maker capable of acting wisely in every circumstance. Policymakers seldom live up to this ideal. They face well-understood limits, including an inability to anticipate the societal impacts of state intervention along a range of dimensions and values. Policymakers see around corners or address societal problems at their roots. When it comes to regulation and policy-setting, policymakers are often forced, in the memorable words of political economist Charles Lindblom, to “muddle through” as best they can.

Powerful new affordances, from supercomputing to artificial intelligence, have arisen in the decades since Lindblom’s 1959 article that …

Clouded Precedent: Tandon V. Newsom And Its Implications For The Shadow Docket, Alexander Gouzoules

Buffalo Law Review

The Supreme Court’s “shadow docket”—the decisions issued outside its procedures for deciding cases on the merits—has drawn increasing attention and criticism from scholars, commentators, and elected representatives. Shadow docket decisions have been criticized on the grounds that they are made without the benefit of full briefing and argument, and because their abbreviated, per curiam opinions can be difficult for lower courts to interpret.

A spate of shadow docket decisions in the context of free-exercise challenges to COVID-19 public health orders culminated in Tandon v. Newsom, a potentially groundbreaking decision that may upend longstanding doctrines governing claims brought under the Free …

Corporate Misconduct In The Pharmaceutical Industry, Richard C. Ausness

DePaul Law Review

No abstract provided.

The Force Of Law After Kisor, Beau J. Baumann

Pace Law Review

No abstract provided.

Proper Cause For Concern: New York State Rifle & Pistol Association V. Bruen, Ali Rosenblatt

Duke Journal of Constitutional Law & Public Policy Sidebar

Gun rights and gun control advocates alike are watching the Supreme Court, to see what happens in New York State Rifle & Pistol Association, Inc. v. Bruen. In this pivotal Second Amendment case, the Court finds its first opportunity to substantially extend its 2008 decision in District of Columbia v. Heller, and to define the scope of the Second Amendment right to bear arms outside the home. The Court can decide this case narrowly by limiting its decision to the statutes at issue, New York’s “proper cause” regime (the “New York law”). Alternatively, the Court can rule broadly and use …

Book Review: Justice In Transactions Benson Peter, Jennifer Nadler

Articles & Book Chapters

No abstract provided.

Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys

Penn State Journal of Law & International Affairs (2012 - Present)

The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …

Commentary: The Pragmatic Consequentialism Of Justice Breyer, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Justice Stephen Breyer’s announcement of his intention to retire at the end of the Supreme Court’s current term provides occasion to contrast his approach to judging with the very different approach of the court majority he leaves behind. The contrast is frequently explained in partisan terms: Justice Breyer is a “liberal” who was appointed by a Democratic president (Bill Clinton), whereas the majority is “conservative,” having been appointed by three different Republican presidents (George H.W. Bush, George W. Bush, and Donald Trump).

The use of partisan labels to describe the different approaches to judging employed by the court’s two …

Brief Of Amici Curiae Eparchy Of Our Lady Of Lebanon Of Los Angeles And The Orthodox Church In America In Support Of Appellee's Petition To Transfer, John A. Meiser

Court Briefs

No. 22S-CP-302
Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc.

Court of Appeals Case No. 21A-CP-00936

Appeal from the Marion Superior Court 1

Trial Court Case No. 49D01-1907-PL-027728

The Honorable Lance Hamner, Special Judge

From the Summary of Argument

This case challenges a decision that is manifestly ecclesiastical: a directive from the Archbishop of Indianapolis regarding what policies a religious school must follow in order to be faithfully Catholic and to remain formally part of his Archdiocese. That is a question of exclusively religious concern. In the religious traditions of the Archdiocese and amici, it is a question which …

“Incorrigibility Is Inconsistent With Youth”: The Supreme Court’S Missed Opportunity To Cure The Contradiction Implicit In Discretionary Jlwop Sentencing, Ana Ionescu

University of Miami Law Review

The juvenile life without parole (“JLWOP”) caselaw is based in part on the science underlying adolescent brain development. Numerous research studies have examined the behaviors and brain processes of adolescents. Courts have relied on these findings in reaching some of its most important decisions affecting juveniles implicated in the criminal justice system. The latest of those decisions came in 2021 with the Jones v. Mississippi case before the United States Supreme Court. The Court held that a sentencing court is not required to make a specific finding of permanent incorrigibility before sentencing the juvenile defendant to life without parole. This …

Week Of February 21, 2022 - February 25, 2022, Benjamin N. Cardozo School Of Law

Today at Cardozo 2022

Events occurring this week have been sponsored by:

• Appropriate Dispute Resolution (ADR) Field Clinic
• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Art Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Public Service Scholars Program
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Trusts & Estates Law Society
• Chabad at Cardozo
• Filmmakers Legal Clinic
• Public Interest Law Student Association (PILSA)
• The Nilson Law Group, PLLC

Facial Recognition Technology: Issues, Legislation, And A Need For Education, Ivan Bohorquez

Cardozo International & Comparative Law Review (CICLR) Blog

Artificial Intelligence (“AI”) could be understood as information gathered through the use of technical machines that focus on cognition. At the micro-level, some examples of AI collecting devices include emotional detection tools, numberplate recognition devices, social network analysis devices, and – most known – Facial Recognition Technologies. Facial Recognition Technologies (“FRT”) compile and analyze human faces and are often used to build complex systems of identification and tracking. AI and FRT have been employed by various industries, including the advertising industry, the government, and the criminal legal system.

This post was originally published on the Cardozo International & Comparative Law …

The Legal Role In Building Sustainable Public Health- Speaker, Joanna Sax, E. Donald Shapiro Professor Of Law

Belmont Health Law Journal

No abstract provided.

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

Sex Neutrality, Doriane Lambelet Coleman

Law and Contemporary Problems

No abstract provided.

Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian

Texas A&M Journal of Property Law

Section 230 of the Communications Decency Act (“Section 230”) is the glue that holds the Internet—as we know it today—together. Section 230 says, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Simply put, Section 230 says that websites or platforms are not liable for content posted by third parties. There are many critics who attribute the maladies of the online world to Section 230. Section 230 presents issues such as over-moderation by Interactive Computer Service (“ICS”) providers that can go as far …

Code Harassment Needs A Texas-Sized Solution, David Seth Morrison

Texas A&M Journal of Property Law

Municipal Code Enforcement exists to abate nuisances and resolve conflicts between neighbors. Code enforcement often discovers nuisances through citizen complaints. Cities and code enforcement departments have taken great lengths to protect complainants from retaliation, but these protections have extended too far and created a problem in reverse. Code harassment occurs when people make excessive or false reports to code enforcement departments to harass neighbors. Code enforcement officers do their jobs and investigate the complaints leading to visits and fines. Many people are shocked to find they can do nothing to stop the harassment save leaving their residence because the law …

Bentham’S Public Utilitarianism And Its Jurisprudential Significance, Dan Priel

Articles & Book Chapters

One of the ways by which Gerald Postema’s Bentham and the Common Law Tradition revolutionized the study of Bentham’s jurisprudence was by challenging the idea, made popular by Hart (both in his jurisprudential work and his interpretation of Bentham), that the study of law in general is normatively neutral. Against this view, Postema argued that one must understand Bentham’s views on law and jurisprudence in relation to his utilitarianism. At the time of publishing the book, Bentham went very much against the grain, but this view has since gained considerable support. In my paper I seek to refine it. As …

A Current Model Of Sex Including All Biological Components Of Sexual Reproduction, Joshua D. Safer

Law and Contemporary Problems

No abstract provided.

Unlawful Genders, Anthony Michael Kreis

Law and Contemporary Problems

No abstract provided.

Stall Wars: Sex And Civil Rights In The Public Bathroom, Wickliffe Shreve

Law and Contemporary Problems

No abstract provided.

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …

The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum

Indiana Journal of Global Legal Studies

Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was more severe than it should have been because an overall increase in global temperatures makes for a more aggressive, active hydrological cycle. Environmental organizations focused on raising awareness understand this. Public campaigns to wed the nebulous idea of climate change to specific, concrete images are incredibly memorable: think of …

Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk

Swarthmore Undergraduate History Journal

Hawai’ian property laws in the 19^th century, while intended to provide for the transition of the islands to a European mode of commerce and allow for greater prosperity, weakened the power of Native Hawai`ian subjects and ultimately contributed to European planter power and the eventual annexation of the islands. Prior to European contact, land in the Kingdom of Hawai`i was communally owned and not treated as a tradable commodity. However, forced to settle foreign debts, the Hawai’ian government instituted land reform intended to raise money and maintain Hawai’ian sovereignty. Given the constant threat of annexation by Western powers and …