Digital Commons Network^™

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

Using Insurance To Regulate Food Safety: Field Notes From The Food Produce Sector, Timothy D. Lytton

New Mexico Law Review

Foodborne illness is a public health problem of pandemic proportions. In the United States alone, contaminated food sickens an estimated 48 million consumers annually, causing 128,000 hospitalizations and 3,000 deaths. Nowhere is this crisis more acute than in the fresh produce sector, where microbial contamination in growing fields and packing houses has been responsible for many of the nation’s largest and deadliest outbreaks.

This Article examines emerging efforts by private insurance companies to regulate food safety on farms that grow fresh produce.

Previous studies of using insurance to regulate food safety rely on economic theories that yield competing conclusions. Optimists …

A Deliberate Difference?: The Rights Of Incarcerated Individuals Under The New Mexico State Constitution, Carson Thornton González

New Mexico Law Review

Historically, to bring claims against government officials for unconstitutional prison conditions, individuals incarcerated in New Mexico had one vehicle for redress: Section 1983 claims based on the protections of the Federal Constitution. If an individual seeks relief via Section 1983 for prison conditions that are in violation of the Eighth Amendments protections against cruel and unusual punishment, courts apply a “deliberate indifference” standard to determine the liability of prison officials. This defendant-friendly standard requires that incarcerated plaintiffs suffer an objective harm and—crucially—that the relevant officials have a culpable state-of-mind of deliberate indifference. In 2021, the New Mexico Legislature passed the …

Supreme Court Jurisprudence And School Shooting Threats: A Legal Review, Benjamin P. Comer

Journal of Criminal Justice and Law

This legal review provides a general synopsis of selected school shooting threat cases processed in U.S. Federal courts and specifically emphasizes the interpretive mechanisms employed by judges during the adjudicatory process. Approximately 29 federal cases involving school shooting threats are reviewed, and six different legal tests and rules commonly used by federal courts are discussed in detail. Among other findings, descriptive statistics reveal that a majority of courts employed the Tinker rule when analyzing threats (72.4%) and that the majority of cases involved the application of a single test (72%). Select cases are then discussed which highlight the application of …

Konstitusionalitas Penerapan Mekanisme Omnibus Law Dalam Pembentukan Undang-Undang Di Indonesia, Charles Simabura, M. Nurul Fajri

Jurnal Konstitusi & Demokrasi

This paper intends to describe how the omnibus law mechanism applied in lawmaking in Indonesia. Look at the 2020 priority national legislation program, which includes four draft bills that formed using the omnibus law mechanism. The omnibus law is a new mechanism in the lawmaking process in Indonesia. Because this mechanism not contained in Law Number 12 of 2011 concerning the Formation of Laws and Regulations as amended by Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Laws and Regulations. With this, the first thing that must answer is the question …

U.S. Micromobility Law (Major Road Work Ahead), Peter W. Martin

Cornell Law Faculty Working Papers

Over the past decade electrically powered bicycles, stand-up scooters, skateboards, and more have burst onto the nation’s streets and sidewalks. While some have been owned by their riders, a combination of embedded technology and smartphone apps allowed well-funded start-ups to distribute these novel e-vehicles across urban public spaces, making them available for on-demand, short-term rental. This blossoming of “micromobility” has taken place within physical and legal infrastructures ill-prepared for the change. Indisputably, most of the new types of individual motorized mobility fell outside established vehicle categories. The literal terms of existing law banned their use on all public rights of …

Book Review Of An Equal Place: Lawyers In The Struggle For Los Angeles, César F. Rosado Marzán

Journal of Legal Education

No abstract provided.

An Empirical Analysis Of Clinical Legal Education At Middle Age, Robert R. Kuehn, David A. Santacroce

Journal of Legal Education

No abstract provided.

Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet

Publications and Research

The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.

With a focus on six …

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …

Solving The Problem Of Power: The Emerging Legislative Coalition For Civil Rights, Myron Orfield, Will Stancil, Eric Myott

Journal of Legislation

No abstract provided.

Deciphering Lessons From The Ashes: Saving The Amazon, Shannon K. Woulfe

Natural Resources Journal

For over forty years, Brazil, its subnational governments, Indigenous communities, other nations, non-governmental organizations, corporations, and individuals have worked to conserve the Amazon rainforest through a staggering number of diverse international initiatives. While some initiatives have supported Brazil in decreasing the rate of deforestation over the past fifteen years, the 2019 fires demonstrated that destruction continues. Left unchecked, this irreversible destruction promises to amplify. Fortunately, the long history of global involvement in Amazon conservation provides ample lessons for effective, place-based deforestation prevention. Thoughtful and coordinated international action can address the current lethal combination of destructive factors: Brazil’s environmentally hostile federal …

The Inequalities Of Innovation, Colleen Chien

Faculty Publications

Over the last few decades, the United States has become more innovative, but the gains have been distributed unequally. In 2020, over 50% of new U.S. patents went to the top 1% of patentees, and more than 50% of all patents of U.S. origin were generated by just five states, all coastal. Less than 13% of inventors were women. The economic, geographic, and demographic concentration of innovation highlight how the intersections between two traditionally discrete topics—innovation and inequality—have become increasingly relevant. But rather than any single inequality, this Article argues, multiple inequalities—of income, opportunity, and access—have relevance to innovation. Examining …

The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts, Zia Akhtar

American Indian Law Journal

No abstract provided.

The Future Of The Habitual Residence Analysis In The United States Post-Monasky, Katherine A. Fleming

Buffalo Law Review

No abstract provided.

Session 1: Innovation In Legal Services, Steven W. Bender, Michael Cherry, Matthew Spencer

SITIE Symposiums

This panel featured two “disrupters” who detailed their experiences innovating in the legal services space. The first panelist spoke about data-driven regulatory reform and the other spoke as an entrepreneur whose product introduces artificial intelligence (AI) into the legal recruiting process. Two additional panelists provided commentary regarding the second panelist’s presentation.

The panel provided insight on the topics of: (1) the legal regulatory process at large; (2) how a data-driven and feedback-oriented sandbox provides an alternative regulatory process; (3) the legal hiring and recruiting process and (4) how AI allows law firms to consider alternative hiring metrics when assessing candidates …

Disrupting Dispossession: How The Right To Counsel In Landlord-Tenant Proceedings Is Reshaping Outcomes, Paula A. Franzese, Cecil J. Thomas

Seton Hall Law Review

No abstract provided.

Resilience Justice And Urban Water Planning, Craig Anthony (Tony) Arnold, Resilience Justice Project Researchers

Seton Hall Law Review

No abstract provided.

Working In Space: The Final Frontier Of Remote Work, Alyson Clare Decker

Northern Illinois University Law Review

Due to the COVID-19 pandemic, virtual workplaces have become much more common. But while advancements in technology have made remote work more accessible for many employees, jurisdictional confusion and varying state-specific employment regulations have made it extremely difficult for employers to switch from traditional in-person office settings to work-from-anywhere workplaces. In addition, taxation and mandatory workers’ compensation insurance requirements mean that employers often need to be registered to do business in any state they have employees in, making a truly remote workforce somewhat of a misnomer. However, as difficult as it might be for terrestrial employers to navigate our patchwork …

Defining Sexual Orientation: A Proposal For A New Definition, Andrew Park

Michigan Journal of Gender & Law

Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of the world. Few of these laws provide useful definitions of the term sexual orientation. As a result, the meaning and impact of these laws remains unclear. This Article reviews past and current definitions of sexual orientation according to how well they incorporate current empirical knowledge of sexual orientation, and how their use in human rights laws impacts the dignity, right to equality, and human development of sexual minorities. The Article gives particular attention to the definition of sexual orientation found in the Yogyakarta Principles which …

The Chorus Doctrine: Promoting Sub-National Diplomacy In Regional Growth Management, Conor J. Mannix

Washington Law Review

Sub-national diplomacy, also known as paradiplomacy, occurs when sub-national actors (think cities or states) engage in international relations, either with other sub-national actors or nation-states. Though typically the province of foreign policy scholarship, paradiplomacy touches on several legal issues, particularly where sovereignty and legal frameworks collide. In the United States, the federal system established by the Constitution gives individual states plenary power but reserves international relations to the federal government through the Supremacy Clause. However, the lines between federal power and state power with regards to international relations remain fuzzy.

Sub-national actors are taking advantage of this lack of sharply …

Should There Be Corporate Governance Police?, M. Todd Henderson

The University of Chicago Business Law Review

If a company misbehaves, lawsuits are one way of providing a remedy and encouraging that company and others to behave in the future. If the misbehavior is securities fraud, there are two potential plaintiffs—traders allegedly injured by the fraud may bring a private suit, and the government (through the SEC or DOJ) may sue to enforce the public interest in truthful disclosures of corporate information. If the misbehavior is violations of corporate governance rules, however, only private suits are available. Despite the parallel rationales for marrying private and public attorneys general, the toolkit for protecting the public interest in corporate …

Who Can Tax Telecommuters?: A Case For An Economic Presence Regime, Garry Canepa

The University of Chicago Business Law Review

Should telecommuters who work across states be taxed by the state that they are physically working in? By the state their office is located in? By both? This issue was raised in New Hampshire v. Massachusetts. There, New Hampshire challenged the taxing authority of a Massachusetts rule that taxed New Hampshire residents who had worked within a Massachusetts office prior to COVID-19 related restrictions but were telecommuting from New Hampshire. New Hampshire argued that the Massachusetts rule violated both the Due Process Clause and Commerce Clause. Since the Supreme Court had denied certiorari for this case, the constitutionality of the …

Is Enhanced Judicial Review The Correct Antidote To Excessive State Preemption?, Paul A. Diller

North Carolina Law Review

No abstract provided.

Overcoming Toxic Polarization: Lessons In Effective Bridging, John A. Powell

Minnesota Journal of Law & Inequality

No abstract provided.

Cultural Identities And Territoriality In A Global Marketplace, J. Janewa Osei-Tutu

Articles

No abstract provided.

Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court’S Superordination Of Whiteness, David Simson

Michigan Law Review

This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …

Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss

University of Chicago Law Review

Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …

Principles Of Home Rule For The 21st Century, National League Of Cities

North Carolina Law Review

No abstract provided.

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard C. Schragger

North Carolina Law Review

No abstract provided.