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Front Matter / Editorial Information

University of Chicago Law Review

No abstract provided.

The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello

Faculty Scholarship

In 1991, the American Law and Economics Association identified Guido Calabresi, Ronald Coase, Henry Manne and Richard Posner as the founders of the 'law and economics' movement. The European Journal of Law and Economics has already devoted a special issue to each of the last three. It is now Calabresi's turn. The order has no particular meaning and the current issue in Calabresi's honor does not depend on a desire to complete the list. Rather, we waited for a very special occasion to celebrate Calabresi's work - the publication of his latest book, The Future of Law and Economics (2016).

Algorithmic Discrimination Is An Information Problem, Ignacio N. Cofone

UC Law Journal

While algorithmic decision-making has proven to be a challenge for traditional antidiscrimination law, there is an opportunity to regulate algorithms through the information that they are fed. But blocking information about protected categories will rarely protect these groups effectively because other information will act as proxies. To avoid disparate treatment, the protected category attributes cannot be considered; but to avoid disparate impact, they must be considered. This leads to a paradox in regulating information to prevent algorithmic discrimination. This Article addresses this problem. It suggests that, instead of ineffectively blocking or passively allowing attributes in training data, we should modify …

The Principles And Nature Of Jewish Law, J. David Bleich

Cardozo Law Review

A professor at a prominent school of law relates that he was asked a rather incongruous question. On the last day of classes in a course on Roman law, a student soliciting information regarding the approaching final examination asked, "Are we responsible only for material in the textbook or are we responsible for recent cases as well?" It is, of course, ludicrous to speak of "recent cases" in conjunction with a system of law that, despite its continued and profound influence over other systems of law, has for many centuries not been sovereign in any jurisdiction.

Strangers In The Law: Lawyers' Law And The Other Legal Dimensions, Mauro Bussani

Cardozo Law Review

Political and legal theories have long been takingfor granted the idea that law is the province of government and government recognized authorities, including the judiciary. They have concentrated on the processes and principles, by which the form and substance of State law are determined, implemented, and enforced. This law is what I will call official or State law. By contrast, many non-official sites of legal production have always existed and still exist (outside and) inside the West. These sites produce rules that may flourish indifferent to or in opposition to official law and take the settlement of disputes arising out …

On Constitutional Identity And The Loyalties Of The Constitutional Judge, András Sajó

Cardozo Law Review

The following remarks consider the relation of judicial loyalty and constitutional identity. These two concepts were always of great interest to Arthur Jacobson's scholarship and their combined discussion is not only necessitated by certain constitutional developments in this age's return to nationalist sovereignty but is a token of Arthur's appreciation.

Financing The World Health Organization: What Lessons For Multilateralism?, Kristina Daugirdas, Gian Luca Burci

Articles

When it comes to financing the work of international organizations, voluntary contributions from both state and nonstate actors are growing in size and importance. The World Health Organization (WHO) is an extreme case from this perspective, with voluntary contributions - mostly earmarked for particular purposes - comprising more than 80 percent of its funds. Moreover, nonstate actors are by now supplying almost half of WHO’s funds, with the Bill and Melinda Gates Foundation ranking as the second-highest contributor after the United States. A number of public-health and international relations scholars have expressed alarm over these trends, arguing that heavy reliance …

On Individual Participation Within Mass Litigation: The Case Of The Fairness Hearing, Nourit Zimerman

Akron Law Review

What can we learn from including class members’ voices in the process of approving settled class actions? How does the opportunity provided to class members to participate in a public hearing relate to the inherent tension between individualism and the goals of aggregate litigation? Employing a unique methodology for analyzing court transcripts and using original data, this paper provides a renewed and rich depiction of the fairness hearing—a public hearing mandated by the Federal Rules of Civil Procedure—which is held before the court can approve a settlement in a class action. Situated both within socio-legal studies and mass litigation scholarship, …

Patents, Disclosure, And Biopiracy, Aman Gebru

Denver Law Review

No abstract provided.

2019 - Monterey County Historical Society - Hornbeck Collection - Documents And Research Inventory

Related Research and Documents

Research and documents accumulated by Dr. David Hornbeck throughout his career pertaining to the history of California, the inhabitants, colonization and missions that he donated to the Monterey County Historical Society.

Understanding Trans Racialized Youth Autonomy In Health Care Decision Making In Ontario, Gitanjali Natasha Lena

LLM Theses

This thesis re-evaluates the concept of autonomy and the possibilities for trans racialized youth to practice it in current health care decision making contexts. After discussing access to health care in Ontario for this demographic using diverse research, an analytical foundation is laid using legal pluralism, relational autonomy, transgender theory and disidentification theory. The study uses Photovoice with trans racialized youth to produce visual texts analysed using thematic network analysis. Secondly, the study considers how together, law and medicine discursively work to encourage law-makers and health care providers to undermine the autonomy of trans racialized youth. Authoritative diagnostic and clinical …

Santa Clara Magazine, Volume 60 Number 4, Summer 2019, Santa Clara University

Santa Clara Magazine

16 - PROTECTING THE HEART To grow the campus, we must care for the thing unchanging at its center—its Mission. Take a journey through the restoration of Mission Santa Clara de Asís. By Lander Eicholzer ’19.

22 - A LOBBY FOR JUSTICE What do you do when it is impossible for the innocent to prove their innocence? Change the law. The Northern California Innocence Project teamed up with state lawmakers and others to do just that. By Deborah Lohse.

26 - FINDING CENTER Outgoing Frank Sinatra Chair in the Performing Arts Taye Diggs reflects on celebrating who are you, where …

Santa Clara Magazine, Volume 60 Number 3, Summer 2019, Santa Clara University

Santa Clara Magazine

16 - PROTECTING THE HEART To grow the campus, we must care for the thing unchanging at its center—its Mission. Take a journey through the restoration of Mission Santa Clara de Asís. By Lander Eicholzer ’19.

22 - A LOBBY FOR JUSTICE What do you do when it is impossible for the innocent to prove their innocence? Change the law. The Northern California Innocence Project teamed up with state lawmakers and others to do just that. By Deborah Lohse.

26 - FINDING CENTER Outgoing Frank Sinatra Chair in the Performing Arts Taye Diggs reflects on celebrating who are you, where …

Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework, Jordan Elizabeth Pahl

Washington International Law Journal

This Comment examines three instances of laws banning hijab, the headscarf worn by many Muslim women. These laws, as enacted in Soviet Uzbekistan, France, and Tajikistan provide justifications for violence against women on a number of levels and, as such, violate the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The stigmatization of Muslim women these laws perpetuate result in women’s lack of access to work and education as guaranteed by CEDAW, and also act as a catalyst for violence against women who violate these laws. This paper argues that hijab suppression laws violate CEDAW …

Split Derivatives: Inside The World's Most Misunderstood Contract, Dan Awrey

Cornell Law Faculty Publications

Derivatives are the "bad boys" of modern finance: exciting, dangerous, and fundamentally misunderstood. These misunderstandings stem from the failure of scholars and policymakers to fully appreciate the unique legal and economic structure of derivative contracts, along with the important differences between these contracts and conventional equity and debt securities. This Article seeks to correct these misunderstandings by splitting derivative contracts open, identifying their constituent elements, and observing how these elements interact with one another. These elements include some of the world's most sophisticated state-contingent contracting, the allocation of property and decision-making rights, and relational mechanisms such as reputation and the …

The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac

UC Law Journal of Race and Economic Justice

No abstract provided.

A Third Way Of Thinking About Cultural Property, Lucas Lixinski

Brooklyn Journal of International Law

The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.

Forging Taiwan’S Legal Identity, Margaret K. Lewis

Brooklyn Journal of International Law

The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …

Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan, Awi Mona

Washington International Law Journal

Transitional justice has received considerable attention in recent years in Taiwan. Despite all this attention, transitional justice is an issue that remains incomplete without addressing justice for indigenous peoples. This paper aims to focus on the essential characteristics of indigenous justice against the successive alien regimes. Though the fact that the national apology to indigenous peoples may have broken new ground in the government’s relationship with indigenous peoples, the common understanding of transitional justice has caused significant bitterness and frustration for indigenous peoples. Until the core significance of indigenous justice is essentially resolved, the existing uncertainty about reconciliation with indigenous …

Perceptions Of Infrastructure, Flood Management, And Environmental Redevelopment In The University Area, Hillsborough County, Florida, Kris-An K. Hinds

USF Tampa Graduate Theses and Dissertations

The University Area (UA), a low-income, unincorporated neighborhood in Hillsborough County, Florida, is a site of sustainable redevelopment by the local government and nonprofit organizations. Throughout the past decade, the transitions in local and state political climates have significantly impacted the residents’ ability to advocate for infrastructural and environmental improvement to the site. This thesis discusses the findings of a research project dedicated to exploring resident perspectives of stormwater management, infrastructure, and the redevelopment currently occurring the University Area. Drawing from theoretical concepts in political ecology, environmental justice, and the interplay of agency and structure, this research investigates the impacts …

Greek University Students And The Smoke-Free Law: Learning About Rights And Duties In A Community Of Practice, Luciana Benincasa

The Qualitative Report

This paper is about Greek university students’ violation of the smoking law in public venues and their understanding of rights, duties and responsibilities. Thirty-one students (21 smokers) were interviewed and asked to describe and discuss their own and other students’ behaviour in relation to smoking in closed public places in terms of rights and duties. Additional material from the printed and electronic press has been used to provide a context to the students’ statements. Participant-smokers’ systematic violations of the smoke-free law spring from a peculiar view of rights, duties and responsibilities. Both behaviour and its theoretical underpinnings are reinforced in …

Ironies In The City: Reflections On Steven Smith's Pagans And Christians In The City, Perry Dane

Journal of Catholic Legal Studies

(Excerpt)

Nevertheless, some deep ironies and puzzles run through the text of Pagans and Christians. Smith is too careful and subtle to ignore these undercurrents entirely. But it will be worth bringing them to the surface, not only for their own sake but because they might help suggest an alternative to Smith’s most rough-edged claims. My aim in this essay is not merely to nitpick. Any work as magisterial as Smith’s book will generalize and elide along the way. But I do hope by the accumulation of details to suggest a fundamental worry that goes to the most charged …

Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

Ocean and Coastal Law Journal

This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 interviews …

Between Formalism And Discretion: Measuring Trends In Supreme Court Rhetoric, Michal Alberstein, Limor Gabay-Egozi, Bryna Bogoch

Hofstra Law Review

This is the first study to use an empirical quantitative analysis to determine the nature of formalism in court decisions. Our analysis has revealed the complex interplay between different types of formalism in Supreme Court of Israel decisions and provides a new way of addressing a jurisprudential issue that has been debated by legal scholars for centuries.

The aspiration for formality is an integral element of judicial decision writing. Judges are expected to decide cases based on rules, with limited discretion and choice, using professional, dispassionate, and impersonal language. At the same time, deviation from formalism, which reflects personal expression …

Before We Make A Pig's Ear Of It: How North Carolina Hog-Farming Nuisance Suits Provide Context For The Ethics Of Gene Editing Livestock, Karen M. Meagher, Paul B. Thompson

North Carolina Law Review

No abstract provided.

Entire Issue

University of Chicago Law Review

No abstract provided.

Somatic Genome Editing In Sickle Cell Disease: Rewriting A More Just Future, Vence L. Bonham, Lisa E. Smilan

North Carolina Law Review

No abstract provided.

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Policing Hate Speech And Extremism: A Taxonomy Of Arguments In Opposition, Leonard M. Niehoff

University of Michigan Journal of Law Reform

Hate speech and extremist association do real and substantial harm to individuals, groups, and our society as a whole. Our common sense, experience, and empathy for the targets of extremism tell us that our laws should do more to address this issue. Current reform efforts have therefore sought to revise our laws to do a better job at policing, prohibiting, and punishing hate speech and extremist association.

Efforts to do so, however, encounter numerous and substantial challenges. We can divide them into three general categories: definitional problems, operational problems, and conscientious problems. An informed understanding of these three categories of …

What’S Sex Got To Do With It: Questioning Research On Gender & Negotiation, Andrea Kupfer Schneider

Nevada Law Journal

No abstract provided.