Digital Commons Network^™

Criticizing Judges: A Lawyer's Professional Responsibility, Lonnie T. Brown

Georgia Law Review

Lawyers, as officers of the court, are expected to act with deference and respect toward judges. Speaking sharply to or publicly criticizing members of the bench is frowned upon and not infrequently met with punitive responses. The judiciary, however, is not above reproach. Judges are fallible and may possess personal biases, tainting self-interest, or even prejudice. As such, at times, they must disqualify themselves if their ability to dispense justice fairly and impartially can reasonably be questioned. Indeed, the very nature of a judge’s role requires avoidance of even the “appearance of impropriety.” When judges fail to adhere to this …

Agents Of Bioshield: The Fda, Emergency Use Authorizations, And Public Trust, Kirstiana Perryman

Georgia Law Review

The SARS-CoV-2 pandemic spurred the U.S. Food & Drug Administration (FDA) to utilize the Emergency Use Authorization (EUA) procedure more than ever before. The pandemic pushed the relatively obscure procedure into public consciousness, making it a frequent topic of discussion and debate. The EUA procedure permits the FDA Commissioner to authorize the introduction of drugs, devices, or biological products into interstate commerce for use in an actual or potential emergency. To issue an authorization, the FDA Commissioner must determine that it is “reasonable to believe,” based on the “totality of the evidence,” that the product “may be effective.” This standard …

If You Think Ai Won't Eclipse Humanity, You're Probably Just A Human, Gary D. Brown

William & Mary Bill of Rights Journal

Building machines that can replicate human thinking and behavior has fascinated people for hundreds of years. Stories about robots date from ancient history through da Vinci to the present. Whether designed to save labor or lives, to provide companionship or protection, loyal, capable, productive machines are a dream of humanity.

The modern manifestation of this interest in using human-like technology to advance social interests is artificial intelligence (AI). This is a paper about what that interest in AI means and how it might develop in the world of national security.

This abstract has been adapted from the author's introduction.

Cognitive Dissonance Undercuts Deterrence In The C-Suite: Why Otherwise Ethical Fda-Dependent Managers Keep Falling Down The Rabbit Hole Of 10(B) Class Action Litigation, Edwin Adlam Herod

Seton Hall Law Review

No abstract provided.

The Dao In China’S Growing Presence In The South Pacific, Yulian Maulida Khasanah, Mohamad Rosyidin, Marten Hanura

Global: Jurnal Politik Internasional

The rise of China as one of the great powers in the international politic has been the hottest topic in the 21st century. Following the economic reform led by Deng Xiaoping in 1978, China re-emerges stronger than ever with its influences covering major parts of the world. One region particularly stands out since the prior dominance of United States therein, the South Pacific. The study of this research will be limited to 10 PICs recognising China, Vanuatu, Cook Island, FSM, Fiji, Niuee, PNG, Samoa, Tonga, Solomon Islands and Kiribati. Under the Western International Relations Theory (IRT) however, the rise of …

Fc21 – What Should It Mean For A Catholic University To Be 'Anti-Racist'?, Marcus Cole, Robert K. Vischer

2019–Present: G. Marcus Cole

By Robert K. Vischer (University of St. Thomas School of Law), with a response by G. Marcus Cole (Notre Dame Law School). From the 2021 Notre Dame Fall Conference, "I Have Called You By Name: Human Dignity in a Secular World". Session chair: Sean Seymore (Notre Dame Law School).

Full speaker lineup: https://ethicscenter.nd.edu/programs/

No Future But A Shared Future, Lawrence O. Gostin, Kevin A. Klock, Sam F. Halabi, Katie Gottschalk, Katherine Ginsbach

Georgetown Law Faculty Publications and Other Works

The COVID-19 pandemic revealed the fractured and inadequate state of national and global health law and institutions, revealing deeply embedded inequalities. In response to a World Health Assembly resolution proposing a special session to consider the benefits of developing a WHO convention or other international instrument on pandemic preparedness and response, the O’Neill Institute for National and Global Health Law and the Foundation for the National Institutes of Health (FNIH) convened 30 of the world’s leading authorities on global health law, financing, biomedical science, implementation, and emergency response along with leaders from prominent international organizations deeply engaged in responding to …

A Light Unseen: The History Of Catholic Legal Education In The United States: A Response To Our Colleagues And Critics, John M. Breen, Lee J. Strang

Journal of Catholic Legal Studies

(Excerpt)

We are enormously grateful to the Journal of Catholic Legal Studies for hosting the conference on February 14, 2020, dedicated to a review of our book manuscript, A Light Unseen: The History of Catholic Legal Education in the United States, and for publishing the papers of the conference participants. We are also grateful for the opportunity to offer some reply in the pages of the Journal. A Light Unseen sets forth a comprehensive history of the book’s subject matter. The book describes the purposes for which Catholic law schools were founded, the schools maturation and success in …

Gotta Catch ‘Em All!: The National Diet’S Inadequate Attempt To Control Manga Pirates, Sydney Landers

University of Miami Law Review

Internet piracy threatens Japan’s most popular cultural exports: manga and anime. Fans have taken to translating and distributing the works online for other fans to enjoy because official translated versions of manga and anime are released overseas later than the original in Japan, or they are never released at all. In order to combat the illegal downloading and distributing of manga, the National Diet, Japan’s legislature, passed an amendment to the Japanese Copyright Act that increases punishments for leech sites and illegal downloading of manga.
This Note discusses the manga and anime industries and their struggles with piracy before reviewing …

Trauma, André Douglas Pond Cummings

Law Faculty Scholarship

Meek Mill’s life and career have been punctuated by trauma. From childhood through his current adulthood, Mill has experienced excruciating trauma even as a well-known hip hop artist. In 2018’s track of that name Trauma, Mill describes in illuminating prose just how these traumatic experiences harmed and impacted him personally describing the very same harms that impact so many similarly situated young black people in the United States. Meek Mill, as a child, witnessed violent death and experienced poverty while as a young man he was arrested and incarcerated (wrongly). Despite his star turn as a true hip hop icon, …

The Dream Of Property Professors, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Michael Heller and James Salzman's new book, Mine! How the Hidden Rules of Ownership Control Our Lives, is a dream come true for property professors.

I suspect that many of us have moments when we think to ourselves, "wow, this stuff is really interesting," imagining that property law could somehow be of general interest. Too often that dream is killed when the eyes of non-lawyers, including family members, start to glaze over when they hear words like rule against perpetuities or trademark. Heller and Salzman have succeeded in making the stories property professors tell the stuff of a bestseller. They …

The Kids Are Alright: Applying A Fault Liability Standard To Amateur Digital Remix, Steven Hetcher

Florida Law Review

No abstract provided.

The Constitutionality And Economic Impacts Of Federal Jurisdiction Of Wetlands: The Clean Water Restoration Act Of 2009, R. Benjamin Lingle

Florida Law Review

No abstract provided.

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Florida Law Review

Civil rights violations that appear relatively slight may warrant judicial redress despite their small size; some of them point up important principles. Leaving these violations unremedied may contribute to an ambient lawlessness that can foster bigger harms. A small infringement in this respect resembles the criminological construct of “broken windows,” which in its prescriptive form urges governments to view de minimis violations as harbingers of more disorder to come.

Using broken windows to understand privately initiated civil rights claims honors a statutory mandate and helps to achieve progressive ends. This application is potentially better than the one that police impose …

What's Wrong With Qualified Immunity?, John C. Jeffries Jr.

Florida Law Review

No abstract provided.

Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho

Florida Law Review

The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …

Bending Nature, Bending Law, David G. Owen

Florida Law Review

No abstract provided.

Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets, Andrew Brady Spalding

Florida Law Review

Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond the deterrence of bribery, and ultimately deters investment. Drawing on literature from political science and economics, this Article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCPA enforcement shows that these sanctions most often occur in emerging markets, where historic opportunities for economic and social development …

What Virtual Worlds Can Do For Property Law, Juliet M. Moringiello

Florida Law Review

No abstract provided.

Hidden Engines Of Destruction: The Reasonable Expectation Of Code Safety And The Duty To Warn In Digital Products, Andrea M. Matwyshyn

Florida Law Review

This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law and consumer consent. This Article approaches the question from a different legal context. Specifically, this Article considers whether a duty to warn should exist in connection with digital products. Even if we assume arguendo that a harmed consumer will have difficulty quantifying actual damages, an independent duty to warn on the part of the digital product creator or operator may …

From Bush V. Gore To Namudno: A Response To Professor Amar, Ellen D. Katz

Florida Law Review

No abstract provided.

Why Justice Thomas Should Speak At Oral Argument, David A. Karp

Florida Law Review

No abstract provided.

Out Of Jail And Out Of Luck: The Effect Of Negligent Hiring Liability And The Criminal Record Revolution On An Ex-Offender's Employment Prospects, Ryan D. Watstein

Florida Law Review

No abstract provided.

Ted Ayres, Social Justice And Education Advocate: "Making It Count" With Book Reviews, Kristen P. Erdem

Journal of Multicultural Affairs

This is an interview article with a prolific reviewer of books seen on public television and in print. Ted Ayres had an inspired legal career, and his advocacy continues to this day. The year 2020, like no other year in our recent U.S. history, was a raucous reckoning for an array of social justice issues. As this theme continues in 2021, it is heartwarming getting to know a quiet advocate in our midst. Meet Ted Ayres. Ayres will be a contributor to the journal with book reviews. This is an introduction to the person, Ted Ayres as social justice and …

Disney And Nintendo Make The "Ultimate" Team In Bringing Sora To Super Smash Bros., Marc Siegel

Cardozo International & Comparative Law Review (CICLR) Blog

For years, fans of the video-game franchise “Super Smash Bros.” have begged Japanese developing-company Nintendo to include their favorite characters in the record-breaking fighting game. The franchise’s most recent iteration, “Super Smash Bros. Ultimate” (“SSBU”), has become the largest crossover event in video game history. The popularity of the franchise, as well as the impeccable attention to detail given to each character, has convinced several third-party developers to grant Nintendo licensing rights to include their own mascots as playable characters in SSBU. Nintendo icons such as Mario, Pikachu, and Link, can now face off against characters such as Sega’s Sonic …

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …

Why Do People Discriminate Against Jews?, David Abraham

Articles

No abstract provided.

Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare

Articles, Book Chapters, & Popular Press

Nova Scotia's Department of Agriculture has quietly announced its plan to prop up the mink farm industry, by paying for COVID-19 vaccines for minks. Throughout the pandemic, we’ve learned that minks can catch COVID, spread it between themselves, and transmit it to the humans who work on these farms. As part of Nova Scotia’s vaccination program, 54,000 doses will be administered to the animals whose pelts will eventually be sold overseas.

Animating The U.S. War Crimes Act, Beth Van Schaack

International Law Studies

All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki wall of silence. Adding to these challenges, the United States has erected a number of idiosyncratic structural barriers in the way in which it has incorporated the prohibitions against war crimes into its domestic legal frameworks, both military and civilian. This article addresses problems with the U.S. federal war crimes statute and proposes reforms that would (1) better conform to U.S. obligations under the Geneva Conventions and …

Transitional Justice, Peace And Everyday Reality: Somalilands Experience With Justice And Security-Sector Reform, Siham Rayale

LLM Theses

This paper looks at Somalilands transitional justice process and the role that legal pluralism has played in shaping its attempts at justice and security-sector reform. By utilizing concepts like hybridity and the everyday, this paper frames these processes with an understanding that while legal pluralism has established Somalilands peace and security infrastructure, it has created opportunities and challenges for marginalized and vulnerable groups. Such challenges include accessing and participating in legal reform initiatives that support social transformation. This paper concludes with the need to frame transitional justice, from the onset, in a way that recognizes the importance of communities as …