Digital Commons Network^™

Prophetic Prosperity: Unveiling The Next Frontier Of Socially Responsible & Sustainable Investing, Alyssa Carbone

Buffalo Law Review

Islamic finance, poised for a significant rise in prominence, stands uniquely at the intersection of religious adherence and modern financial systems. With Islam projected to overtake Christianity as the dominant world religion by 20501 and Muslims constituting the fastestgrowing religious group, expected to reach a global population of nearly 3 billion adherents in 20602, the demand for financial products aligned with the values of Islam is set to soar. Accordingly, Islamic finance, specifically Islamic capital markets, has strong projections of growth, even amidst economic instability in traditional Western financial markets.3 Yet, despite its promising outlook, Islamic finance remains largely unfamiliar …

Magna Carta And The Origins Of Legislative Power, Matthew Steilen

Buffalo Law Review

No abstract provided.

The Distinction Between Direct And Derivative Shareholder Claims, James An

Suffolk University Law School Faculty Works

One of the primary methods for shareholders to seek redress for corporate misconduct is the shareholder suit, in which shareholders may assert either “direct” or “derivative” claims. Under current legal doctrine, direct claims nominally seek to assert a right of the individual shareholder, while derivative claims seek to assert a right that formally belongs to the corporation and is asserted by the shareholder on the corporation’s behalf. Due to legitimate risks of shareholder and judicial overreach, courts have imposed numerous procedural hurdles upon derivative suits, making them much harder to bring than direct suits.

However, although the distinction between direct …

Privatized Medicaid: An Incentivized System Of Constant Denials, Hannah R. Courtney

West Virginia Law Review

The Medicaid Program was created to fill the gap of what private insurance would not do—provide vulnerable populations with meaningful access to quality health care—but now it has been thrown into the pitfalls of private insurance. Over the last two decades, there has been a significant rise in states contracting with private Managed Care Organizations (“MCOs”) to provide services to a percentage of their Medicaid enrollees. MCOs now make decisions each year to approve or deny millions of requests for Medicaid coverage of health care services using prior authorization. Until now, the criticisms and fears surrounding privatized Medicaid have largely …

Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson

West Virginia Law Review

No abstract provided.

Wildfire Smoke And U.S. Law, Michael B. Gerrard

Faculty Scholarship

Many of the most wicked feedback effects of climate change relate to wildfire smoke. In some places the greenhouse gases poured into the atmosphere by wildfires exceed the reductions achieved by all efforts to fight climate change. At the same time, climate change is a major reason why wildfires are becoming more frequent and intense. Climate change and wildfires feed each other. However, environmental law and climate policy have paid relatively little attention to wildfires. The smoke from these fires — a major cause of illness and death, even thousands of miles from the blazes — is mostly unregulated. Efforts …

Humanist Copyright, Jane C. Ginsburg

Faculty Scholarship

This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of author-focused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 U.S. Copyright Act. Second, I will analyze the extent to which the present U.S. copyright law does (and does not) honor human authorship. Finally, I will consider the potential responses of copyright law to the claims of proprietary rights in AI-generated outputs. I will explain why the humanist orientation of U.S. copyright law validates the position …

Understanding Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan

Faculty Scholarship

A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or actor and presents key findings. This includes documenting the history of the broad statutory design of the California capital punishment statue. The review also considers research on policing, including the influence of …

The Limits And Promise Of Global Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos

Faculty Scholarship

A large body of evidence suggests that open, competitive markets are a key driver of economic development. In recognition of this fact, many of the world’s leading economies not only adopted their own antitrust laws to promote competition, but they also urged developing countries around the world to do the same. This resulted in a remarkable proliferation of global antitrust law over the last several decades. Many studies have empirically examined the effect of this development, and, consistent with the hopes of policymakers, they have largely found that adopting antitrust laws produces positive economic outcomes.

In this Article, we reassess …

Algorithmic Bias In Hiring: Amending Title Vii To Prohibit Ai Discrimination, Michael H. Leroy

Journal of Legislation

I propose amendments to Title VII to address discriminatory hiring related to AI technologies. Section 703(c)’s definition of an “employment agency” should be modified to include “any person who uses artificial intelligence” to procure employees. I also propose a new definition in section 703 that incorporates the expansive definition of AI in 15 U.S.C. 9401(3). These small changes would make AI hiring firms more responsible for discriminatory screening and selection of job applicants, and better protect applicants who are adversely selected by sex, race, disability and other protected characteristics.

The Myth Of The Best Interest Of The Child, Victoria Mikesell Mather

West Virginia Law Review

One of the basic tenets of Family Law as applied to children is consideration of “best interest of the child” in making decisions. Standards for custody, termination, adoption, and all other matters affecting children are overlaid with consideration of best interest. Unfortunately, the promise of best interest is lost in the actual mechanics of making these critical decisions involving children. This Article explores the disconnect between the ideal of using the best interest of the child as a key factor in legal decisions affecting children and the practicalities of competing interests. The Article first explores the common concern of the …

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

Church And State Collide: The Constitutional Implications Of Louisiana's Ten Commandments Bill, Kimberly Aliaga

Brigham Young University Prelaw Review

: In the summer of 2024, Louisiana’s governor signed House Bill 71 (HB71), which mandated all K-12 schools to display the Ten Commandments in classrooms. While proponents of the bill claim it serves a secular purpose to promote morality and historical literacy, precedent cases like Stone v. Graham (1980) suggest otherwise. By requiring the display of the Ten Commandments in public classrooms, HB71 is a violation of the Establishment Clause and Free Exercise Clause found in the First Amendment. This article analyzes the bill by comparing it to similar cases, and by applying both the Lemon and Endorsement Test to …

Closing The Distance Between Congress’S Intent And Fosta’S Text, Grant F. Gurr, Henry Purser

Brigham Young University Prelaw Review

It has now been almost thirty years since Congress enacted the Communications Decency Act (CDA), and during that time, sex trafficking has become deeply intertwined with social networking and online advertisements. Internet service providers not only facilitate and profit from online sex trafficking and related crimes like the distribution of child pornography, but, thanks to CDA Section 230, these companies are largely immune to victim-led legal challenges. In 2018, Congress passed the Fight Online Sex Trafficking Act (FOSTA) to limit this immunity and provide victims with legal recourse. However, scholarly consensus suggests that FOSTA has failed to achieve its intended …

Administrative Closure: A Codified Shield For Justice And Judicial Efficiency, Abhilasha Khanal

Immigration Law Blog

Immigration Judges and the Board of Immigration Appeals have long fought for the ability to manage their dockets efficiently, often using administrative closure to prioritize high-impact cases and de-escalate low-priority removals. This article explores how the codification of administrative closure safeguards this critical judicial tool against shifting political agendas. By examining the history of administrative closure, from its contentious beginnings to its recent formalization, this article highlights why its preservation is essential for protecting vulnerable immigrants while maintaining judicial efficiency.

Scientific Educations Among U.S. Judges, Christa Laser

Law Faculty Articles and Essays

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% offederal judges have majors in science …

Democracy, History, And Washington And Lee, Christopher B. Seaman

Washington and Lee Journal of Civil Rights and Social Justice

At Washington and Lee, it is customary for the new holder of an endowed professorship to deliver a public lecture called a chair talk to mark their installation. This is a lightly edited and footnoted version of Professor Seaman's chair talk on October 8, 2024, given as the new Robert E.R. Huntley Professor of Law.

Life In Limbo: Cryptocurrency And Fosta As The Pillars Of Cyber-Trafficking, Rebecca Liu

Washington and Lee Journal of Civil Rights and Social Justice

As the internet continually advances into Web 3.0, human traffickers thrive in using online platforms to prey on their victims, creating a new form of human trafficking: cyber-trafficking. In 2018, Congress passed the Fight Online Sex Trafficking Act (“FOSTA”) to dampen the stringent protection that 47 U.S.C. § 230 (“Section 230”) offered to internet intermediaries in cyber-trafficking litigation. However, Congress’s intended effect in passing FOSTA failed, as courts continue to interpret FOSTA narrowly, upholding the stringent protection that Section 230 offers internet intermediaries. Beyond FOSTA’s indifferent impact, governmental bodies struggle adapting to Web 3.0’s landscape, neglecting to intervene with traffickers’ …

“Freedom Lives Hence, And Banishment Is Here”: The Weaponization Of Immigration Law To Punish Political Dissidents, Ryan Scott

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the long and bipartisan history of the United States government’s weaponization of the immigration system to control, exclude, and expel percieved political enemies. The near-unlimited power that the federal government has acrrued in immigration matters has been used since the Founders’ generation to purge the country of those whose ideas and speech are seen by the powers that be as threatening or subversive. This Note traces the arc of such efforts from the Alien and Sedition Acts of 1798 to the explusion of activists under President Trump. The Note also examines attempts to force the courts to …

Hate Groups And The Charitable Tax Exemption, Miriam Galston

UC Law Constitutional Quarterly

No abstract provided.

Absolute Immunity Corrupts Absolutely: A Call To Allow For Prosecutorial Liability In Cases Of Gross Negligence And Malice, Kristen M. Mack, Cary J. Hansel

University of Baltimore Law Forum

No abstract provided.

Contrition Conflict: Remorse And Innocence Under The Juvenile Restoration Act, Jayna Peterson

University of Baltimore Law Forum

No abstract provided.

Mortgage Lending Discrimination: A Barrier In The Land Of Opportunity, Paul Campbell

University of the District of Columbia Law Review

This note discusses the problem of mortgage loan discrimination in America. In January 2021, mortgage rates in America were the lowest in history at 2.65%. Around this time, there was a high demand for housing throughout the country. Yet in 2022, 26% of Black applicants had mortgage applications denied. Mortgage loan discrimination continues to be a barrier for African American homeownership. However, this barrier can be overcome by supporting nonprofit organizations and community banks, creating a new federal agency which provides reparations and guaranteed mortgages, and passing the Fair Access to Financial Services Act.

How The United States Fails Immigrant Youth, Abigail "Abby" Reinhard Greene

University of the District of Columbia Law Review

Immigrants are some of the most marginalized members of society. Immigrant youth, in particular, endure additional stresses due to their dual status as children and immigrants. Many fled their home country from persecution or entered the U.S. without a parent or legal guardian.

By May 2024, over 120 million individuals were “forcibly displaced worldwide as a result of persecution, conflict, violence or human rights violations.” In 2022, over 152,000 unaccompanied immigrant youths crossed the U.S.-Mexico border. The United States faces several challenges in supporting these immigrant youths, and it currently fails to meet those challenges. ...

This note details how …

Secure 2.0'S Automatic Enrollment Provisions And Their Potentially Detrimental Effect On Undocumented Immigrants, Kelly Maurer

University of the District of Columbia Law Review

The SECURE 2.0 Act of 2022 significantly expands retirement plan participation through automatic enrollment mandates, a policy aimed at improving financial security for American workers. However, these provisions may create unintended hardships for undocumented immigrant workers, who constitute between 4.4% to 5.4% of the U.S. labor force. This Note examines how automatic enrollment, default contribution rates, and current distribution requirements may create financial and legal hardships for undocumented workers lacking valid Social Security Numbers (SSNs) or Individual Taxpayer Identification Numbers (ITINs). The analysis explores the uncertain legal status of undocumented workers under the Employee Retirement Income Security Act (ERISA), as …

Beyond Human Discretion: Reconciling Ai Systems With Traditional Legal Frameworks, Daniel Ikem

University of the District of Columbia Law Review

In February 2023, attorneys representing a plaintiff in a personal injury case against Avianca Airlines submitted a legal brief containing multiple citations to nonexistent judicial decisions generated by ChatGPT. When questioned by the court, the attorneys admitted they had relied on research generated by artificial intelligence (AI) without verification, resulting in sanctions and reputational damage. Mata v. Avianca both represents professional negligence by legal professionals and a complex intersection of human and artificial intelligence. Unlike traditional research tools that retrieve existing information, generative AI (GAI) creates novel content that appears authoritative, introducing unique verification challenges that traditional ethical frameworks did …

Encouraging Expanded Producer Responsibility In Agricultural Labor Relations, Emma I. Scott

William & Mary Environmental Law and Policy Review

Over two million farmworkers provide essential support to the country’s food system. As detailed below, their current working conditions, living conditions, and legal protections do not reflect the importance of their contributions. As regulations and enforcement have fallen short in securing their rights and economic position, public incentive schemes can encourage improvements and equip grower-employers to reverse the race to the bottom and instead become leaders in providing dignified work opportunities. This Article looks at recent attempts and opportunities to leverage federal policies and programs to incentivize this type of leadership. It proposes that the U.S. Department of Agriculture (USDA) …

Anti-Abortion Law Or Illegal Human Life Support Conscription?, Jennifer Ann Drobac

UC Law Constitutional Quarterly

This Article introduces the idea that forced fetal life support in a state that bans abortion is unpaid state-conscripted human life support (“USCHLS”) by the hosts. It reviews how the Dobbs decision resulted in USCHLS, unpaid work, which violates the U.S. Constitution’s Thirteenth Amendment protection against “involuntary servitude.” Additionally, USCHLS constitutes a per se taking which violates the “Takings Clause” of the Fifth Amendment. This Article suggests sexual activity insurance might alleviate some of the problems with USCHLS, but not all of them.

To date, no U.S. federal or state government offers the G.I. bill, a state equivalent, or service …

Beyond The Suburban Ideal: Addressing Southern California’S Strained Affordable Housing Market Through Density Bonus Programs, Alissa Larue

School of Public Policy Capstones

This study examines how expanding Accessory Dwelling Units (ADUs) could serve as an effective policy solution to address the housing affordability crisis. In San Diego, a Bonus Program has been implemented to incentivize the construction of affordable ADUs by relaxing burdensome regulations. A Differences-in-Differences approach using two-way fixed effects is employed to evaluate the program's effectiveness in promoting ADU development, using city-level data from San Diego and Los Angeles counties. ADU permit applications serve as a key indicator of policy impact. The findings strongly suggest that the Bonus Program influenced increasing ADU permit applications in San Diego. Because the model …

Beyond Politics: Rethinking The Conversation On Gender-Affirming Care For Youth, Olivia Sanders

Mercer Law Review

According to a study conducted in June of 2022 by the Williams Institute School of Law, nearly 300,000 youth members in the United States identify as transgender. According to these calculations, this statistic indicates that “[t]he number of young people who identify as transgender has nearly doubled in recent years.” Gender‑affirming healthcare is usually administered to treat gender dysphoria, which is defined as “a state of distress or discomfort that may be experienced because a person’s gender identity differs from that which is physically and/or socially attributed to their sex assigned at birth.” A 2021 study conducted by Reuters exposed …