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No Trade Wars Without Taxation -Who's To Blame, And What Comes Next?, Domenico Imparato, Reuven S. Avi-Yonah, Doron Narotzki

Law & Economics Working Papers

As tariff policy once again shapes U.S. trade strategy, this article makes a foundational claim: trade wars are, at their core, tax wars. Against the backdrop of escalating economic tensions with the United States’ trade partners, this article argues that tariffs cannot be understood apart from the fiscal architecture that sustains them. What appears to be protectionism often masks deeper structural asymmetries in the U.S. tax system.

The discussion proceeds through three interrelated dimensions: reshoring production, promoting fair trade, and raising revenue. In each, the interaction between tariffs and the tax system reveals deeper distortions. U.S. export mechanisms such as …

Standing On Stare Decisis After Students For Fair Admissions, Areeb Asif, Lindsey Roloff

Northwestern University Law Review

The Supreme Court recognized nearly half a century ago in Regents of the University of California v. Bakke that “the ‘nation’s future depends upon leaders trained through wide exposure’ to the ideas and mores of students as diverse as this Nation of many peoples.” Nevertheless, the Court seriously undercut efforts to bring such a future to life by striking down race-conscious admissions programs in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA). Though SFFA’s binding effect is limited to educational institutions, …

Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke

Northwestern University Law Review

Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …

Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi

Northwestern University Law Review

The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …

Open Legal Policy Criteria In The Constitutional Court Decision: An Evaluation And Recommendation, Firdaus Arifin, Ihsanul Maarif, I Gde Panja Astawa, Mohd Kamarulnizam Abdullah, Robi Asadul Bahri

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The application of an open legal policy in the testing of legislative norms by the Constitutional Court of the Republic of Indonesia often leads to legal uncertainty due to the lack of clear criteria. The variation in the approaches taken by judges in interpreting legislative policies undermines legal certainty and diminishes the credibility of constitutional reviews. This research aims to evaluate the criteria of open legal policy that can serve as a basis for the Constitutional Court to assess the constitutionality of policies. This study employs a normative legal approach that examines theories, principles, and relevant legal rules in testing …

Legal Reform To The Foundation Wage System Based On Worker Performance, Dyah Hapsari Prananingrum, Freidelino Paixao Ramos Alves De Sousa, Chris Emilians Putra Jacobus

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The main issue raised in this article is the vagueness of the norm of worker competitiveness in the Indonesian Foundation Law. In achieving its aims, a foundation will face problems related to its own sustainability. Charitable activities that it is engaged in are believed to threaten its sustainability, in addition to achieve fairness both for foundation as employer and worker as employee, norm of worker performance in the form of wage based on performance are needed. Such an issue may be solved by reforming the Foundation Law with the adoption of a performance-based approach, similar to the Job Creation Law. …

Have Universities Sold Their Souls To The Devil: The Unacceptable Costs Of Prioritizing Athletics Over Academics, David E. Missirian

Denver Sports & Entertainment Law Journal

The article will examine what it means “to win” in today’s university sporting world and what the prize to be won is. In examining how the meaning of winning has changed over time, the article will look particularly at some of the indirect or hidden costs of achieving athletic excellence in today’s highly competitive college sports. Ultimately, this article poses and attempts to answer the question: at what point does the cost to student athletes’ health and safety become too high to justify the prize of “winning”?

Ventura V. Kyle And American Sniper: The Anatomy Of A Public Figure's Lawsuit, Mike Steenson

Denver Sports & Entertainment Law Journal

Chris Kyle’s book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a “Mr. Scruff Face” in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS.” Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …

Navigating Legal Constraints: A Phenomenological Study On Black Educators’ Experiences With Integrating Race-Related Topics In K-12 Education In North Central Texas, Christa H. Hicks

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to explore the lived experiences of Black educators in North Central Texas as they navigated the legislative restrictions placed on teaching race-related topics in public schools. The theory guiding this study was the critical race theory framework, which provided insights into how societal structures contribute to inequalities and shape the professional experiences of Black educators working within the constraints of laws that limit the teaching of race-related topics. The central research question was: What are the lived experiences of Black educators in North Central Texas on navigating the legislative restrictions of teaching race-related …

A Remedy For A Distressing Situation: Discrimination Against Children With Disabilities In Public Education, Joshua P. Sarsfield

San Diego Law Review

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may …

Trying Typicality—Plaintiff Cherry-Picking And Trial Distortion In Ramirez V. Transunion Llc And Beyond, Daniel Esses

San Diego Law Review

This Article supplements scholarly commentary on the U.S. Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez by examining some critical issues that the underlying litigation in the lower courts raised but that the Supreme Court did not address in its review. Although scholars have analyzed and critiqued the Supreme Court’s Ramirez decision, the litigation as a whole has been neglected. The Ramirez trial and the Ninth Circuit opinions that preceded Supreme Court review are fertile vehicles for reflecting on important issues that arise when class actions are tried to a jury.

The Article argues that Ramirez illustrates a problem …

An Alternate History Of Chevron, With A Lesson For Today, Michael Herz

Fordham Environmental Law Review

It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …

The Problem Of Market Power In Postwar America: Antitrust Law, Regulatory Discourse, And Changing Ideas Of Market Power, Laura Phillips-Sawyer

Scholarly Works

US antitrust law prohibits anticompetitive restraints of trade, including collusion among firms and single-firm monopolization. The law serves as a democratic check against concentrations of private economic power. However, in the post-World War II era, the law has changed largely through case law, rather than through statutory interventions. Thus, understanding the role that antitrust law has played in reconciling capitalism and democracy requires us to ask what has influenced changes to antitrust law. This chapter traces antitrust law’s postwar development across three key periods: 1940–1970s, mid-1970s to 2010s, and 2010s to present. It argues that each era’s approach to the …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

Statelessness As An Academic Concern: The Indian Supreme Court’S Engagement With Citizenship Policy In In Re: Section 6a Of The Citizenship Act, 1955, Aishwarya Birla

Articles

In October 2024, the Supreme Court of India (‘Court’) made a significant ruling regarding citizenship laws in Assam, a state in the north-east of the country. The case In Re: Section 6Aof the Citizenship Act, 1955(‘In Re: s 6A’)centred on s 6A of the Citizenship Act, 1955(‘Citizenship Act’), which pertains to granting citizenship to a specific class of migrants who entered Assam before ‘the 1stday of January, 1966’.The Supreme Court upheld the constitutional validity of s 6A in a 4:1 majority. In doing so, the Court also engaged with a multitude of important issues for constitutional law and citizenship in …

The Legal Implications Of The Altman Z-Score As A Tool For Bankruptcy Prevention Through The Case Study Of Pt. Sri Rejeki Isman Tbk (Sritex), Samuel Baringin Doloksaribu

Technology and Economics Law Journal

Indonesia’s bankruptcy law, as regulated by Law No. 37 of 2004, allows debtors to be declared bankrupt based solely on the existence of two creditors and one unpaid debt, without requiring a substantive assessment of their financial health, raising concerns about fairness, legal certainty, and economic impact. This thesis investigates whether predictive financial models such as the Altman Z-Score can be integrated into Indonesia’s legal framework to improve early detection and prevention of corporate insolvency. The central question is how these models can be legally recognized and implemented, and what challenges or reforms are necessary to facilitate their use. Employing …

Effects Of Fasd On An Individual’S Life Trajectory, Peyton M. Enders

Master of Arts in Human Services

The consumption of alcohol has been in society for thousands of years. However, the discovery of the impacts of alcohol consumption while pregnant is something that is continuously being learned about. Controversy on the effects of alcohol while pregnant and the level of consumption throughout the last century alone has caused individuals to misunderstand the level of danger that it has on a child. Fetal Alcohol Spectrum Disorder is a multi-layer disorder that causes not only physical deformities but also a change in mental health and cognitive levels of an individual. Throughout any stage of pregnancy a consumption of alcohol …

To Protect And Survive: Acknowledging Adverse Childhood Experiences In Law Enforcement, Melanie Appleman

Master of Arts in Human Services

This literature review explores the influence Adverse Childhood Experiences (ACEs) can have on choosing a helping profession as well as their effect on law enforcement personnel and their ability to cope with occupational trauma. Law enforcement officers are routinely exposed to high-stress, high-risk environments which can exacerbate underlying trauma stemming from early life experiences. Officers with a history of ACEs may be more vulnerable to emotional dysregulation, hyper-vigilance, burnout, and substance abuse which can influence their decision making, relationships, and professional conduct potentially resulting in negative outcomes. Key themes include the identification of risk factors, the development of screening tools, …

Tort Liability For Failure To Age Gate: A Promising Regulatory Response To Digital Public Health Hazards, Matthew B. Lawrence, Brett Frischmann, Avi Sholkoff

Faculty Publications

Tort liability for failure to “age gate” is a promising legal response to the public health hazards of AI, social media, sports gambling, and other digital spaces. Tort liability for failure to “age gate” hinges liability for harms to minors on an app’s failure to take reasonable steps to prevent minors from gaining access or otherwise to apply appropriate governance rules, such as privacy-protective default settings or ensuring genuine parental consent. While no one legal response is a panacea, tort liability for failure to age gate carries several distinctive advantages that make it a particularly promising option at this stage …

Fitisemanu V. United States: An Analysis Of The Impact Of The Supreme Court’S Denial Of Certiorari And The Future Citizenship (Or Lack Thereof) For American Samoans, Moore, Michelle

Santa Clara Law Review

Does the Citizenship Clause of the Fourteenth Amendment confer United States citizenship on individuals born in American Samoa? How does one reconcile the competing values of preserving a unique culture and receiving the full protections of the U.S. Constitution? These were the issues brought before the court in Fitisemanu v. U.S.

American Samoa is the only U.S. territory where individuals born there are born as U.S. nationals, rather than U.S. citizens. While being born a U.S. national has certain rights and privileges not provided to noncitizens and nonnationals, the idea of distinguishing between a U.S. citizen and a U.S. national …

Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language, Christian B. Dollar

Doctor of Philosophy Dissertation

The language of subjective, individual rights has become the primary way of speaking about the rights and wrongs of human life together. Since the end of World War II, one subset of this language—that of human rights—has achieved a global influence. The various Christian traditions of the west have, in large part, adopted this language of human rights to articulate and supplement their assorted social teachings. Yet, the adoption of human rights language has been contested by a dedicated cadre of Roman Catholic and Protestant theologians concerned about the potentially anti-Christian implications inherent in the grammar of rights. Christian rights …

Brief Of Amici Curiae Contract Law Scholars Mark Gergen, Gregory Klass, And Daniel Markovits In Support Of Plaintiffs-Appellants And Reversal, Vera Institute Of Justice V. Department Of Justice, No. 25-5248 (D.C. Cir. Aug. 19, 2025), Mark Gergen, Gregory Klass, Daniel Markovits

Georgetown Law Faculty Publications and Other Works

In Vera Institute of Justice v. Department of Justice, as in a raft of other cases involving constitutional, statutory, and regulatory challenges to the rapid mass cancellation of federal grants or grant programs, the government has deployed jurisdictional arguments in an effort to restrict the judiciary’s ability to review the legality of executive actions. Specifically, the government has attempted to confine jurisdiction over the plaintiffs’ claims to the Federal Court of Claims, which is powerless to remedy the alleged violations. The arguments by which the government would deny judicial review of the plaintiffs’ claims conflate two distinct considerations: first, …

Creative Expression Over Rigid Protection: Why The Ninth Circuit Is Correct To Permit De Minimis Sampling, Mitchell Brost

Pepperdine Law Review

The legal world is at a crossroads following the Ninth Circuit’s decision to uphold de minimis sampling as a valid practice in VMG Salsoul, LLC v. Ciccone. On the one hand, the Ninth Circuit’s affirmation of de minimis sampling fosters creativity and gives aspiring artists greater access to resources they would not otherwise be able to afford. On the other hand, the Sixth Circuit’s earlier decision in Bridgeport Music, Inc. v. Dimension Films that held de minimis sampling to be categorically illegal bolsters copyright protection and facilitates more predictable outcomes in copyright lawsuits. This Note analyzes both cases and ultimately …

The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter

Student Theses

Prior research has established that mental health court programs play an important role in reducing recidivism and mental health symptoms of defendants. However, there is a lack of understanding of the stigma that justice-involved individuals may encounter upon release from mental health court into the community, and the extent to which the general public is aware of mental health court programs. The present study sought to address public perceptions regarding mental health courts, their efficacy, and their participants based on the awareness and availability of these specialized courts in two similar states (New York and New Jersey), one in which …

Social Thought From The Ruins: Quixote’S Dinner Party, David A. Westbrook

Books

Through stories, conversations, and essays, this book pursues interwoven critical and philosophical inquiries into the nature of the contemporary in the North Atlantic, asking how are we to live as intellectuals, individually and in community? Social Thought From the Ruins: Quixote’s Dinner Party is the product of informal discussion and academic work done over the last two decades among an international group of social scientists. An extended critique of academic life today and the context of our own thinking, this book interrogates aspects of our modernity, with its pervasive sense of crisis and uncertainty, and the difficulty of thinking clearly …

Creative Machines: Generative Artificial Intelligence And Copyright Law, Ryan Abott, Elizabeth Rothman [email protected]

Chicago-Kent Law Review

No abstract provided.

A Principle Of Artistic Data Sovereignty: Linking Creative Reuse To Author Remuneration, Georgia Jenkins

Chicago-Kent Law Review

No abstract provided.

Copyright And The Expression Engine: Idea And Expression In Ai-Assisted Creations, P. Bernt Hugenholtz

Chicago-Kent Law Review

No abstract provided.

Copyright Accelerationism, Benjamin L.W. Sobel

Chicago-Kent Law Review

No abstract provided.

Losing The Big Picture: An Argument For Preserving Irpa Rights For Emotional Damages, Stephen Luke Winbery

Chicago-Kent Law Review

No abstract provided.