Digital Commons Network^™

Election Silence: Revisiting Mills V. Alabama In The Modern Context, Nicholas E. Petrosky

University of Dayton Law Review

No abstract provided.

Reparations And The International Law Origin Story, John Linarelli

Journal of Race, Gender, and Ethnicity

No abstract provided.

Canada–Au Human Rights Engagements: A Twail Perspective, Sylvia Bawa, Obiora C. Okafor

Articles & Book Chapters

Despite the problematique of Global North/South relationships, human rights require transnational collaboration to successfully protect vulnerable people in the world. In particular, human rights engagements between Africa and the West are cemented in legacies of colonialism and mediated by development discourses that portray the continent as a paragon of poverty, corruption and backwardness. Within this context, we explore how an African Union (AU) human rights instrument could impact or transform Africa’s transnational human rights engagements. Specifically, we use Canada–Africa human rights engagements as a starting point and basis for analysing the nature, orientation and impacts of such engagements (especially over …

Cities, Preemption, And The Statutory Second Amendment, Joseph Blocher

Faculty Scholarship

Although the Second Amendment tends to dominate the discussion about legal limits on gun regulation, nothing has done more to shape the state of urban gun law than state preemption laws, which fully or partially limit cities’ ability to regulate guns at the local level. The goals of this short Essay are to shed light on this “Statutory Second Amendment” and to provide a basic framework for evaluating it.

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

Articles

Modern clinical legal education has turned fifty. Much has been written on its development and history, both as a pedagogy and in relation to the broader enterprise of legal education. But there has been no longitudinal empirical analysis documenting that growth until now. By looking at a series of nationwide surveys starting in 2007 and comparing those results to surveys dating back to the 1970s, this article paints a factual picture of clinical legal education’s progression from early adulthood to middle age.

Not Just The Historians: Anne Orford’S Insights And The Suspicion Between International Law And Philosophy, Steven R. Ratner

Articles

International Law and the Politics of History is nothing short of cri de coeur directed at international lawyers and historians, the two disciplinary co-conspirators in international law's so-called turn to history. Rather than embracing what appears to be a mutually beneficial model of interdisciplinary collaboration, Anne Orford instead sees international lawyers as evading their responsibilities as decisionmakers-and indeed makers of both the discipline and its underlying norms-and historians as self-satisfied purveyors of truths that they themselves know are contested and instrumental. As much as she blames historians for acting with blinders, her main audience is international lawyers (mostly the academic …

Turnover Taxes: Their Origin, Fall From Grace, And Resurrection, Richard Pomp

Faculty Articles and Papers

The turnover tax, a hallmark of developing nations and even once blamed for Spain’s decline, has made a comeback in the states, starting with Ohio.

A turnover tax is a gross receipts tax that is applied every time a good or service “turns over,” that is, every time the good or service transfers from one entity to another for consideration. The tax base is therefore turnover, and the measure of the tax is gross receipts.

In this article, Professor Richard Pomp examines the turnover tax’s deep roots dating back to ancient Athens, and tracks its course from the time the …

Rural Estrangement And The Regulatory State, Ann M. Eisenberg

Faculty Publications

In today’s polarized social and political climate, rural alienation from government is often dismissed as “just more politics” or a symptom of problematic cultural norms. This Article takes rural disaffection from government seriously, with a focus on rural relationships with the federal regulatory state. The Article argues that rural disaffection from the regulatory state is not solely a cultural or political phenomenon among white conservatives. Rural disaffection is also a broader structural issue that stems in part from the regulatory state’s crisis of legitimacy.

Two factors show that rural disaffection from the regulatory state is more diffuse and profound than …

The American Experience With Employee Noncompete Clauses: Constraints On Employees Flourish And Do Real Damage In The Land Of Economic Liberty, Kenneth G. Dau-Schmidt, Xiaohan Sun, Phillip J. Jones

Articles by Maurer Faculty

Agreements not to compete are generally an anathema to free market advocates. Independent profit maximization is one of the fundamental assumptions of the neoclassical economic model and necessary to its conclusion that markets yield results that are Paraeto efficient. Consistent with this theory, and practical experience, agreements among competitors, or potential competitors, to divide a market, or fix price or quantity are per se violations under our antitrust laws.

Despite this fact, even some ardent free market advocates have argued on behalf of the enforcement of covenants not to compete in the employment relationship. The traditional economic argument in favor …

Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson

Mitchell Hamline Law Review

No abstract provided.

For Our Servicemembers, For Us All: How To Better The Military Lending Act And Why Civilians Should Demand Its Improvement, Knox Yellin

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Mount Laurel Prescription: The Potential For Public Health Improvement Through Community Desegregation In New Jersey, Patricia Kane O’Connor

Student Works

No abstract provided.

Nj Bail Reform: Addressing Wealth Inequality But Not Racial Disparities, Joshua Rifkin

Student Works

No abstract provided.

Home Rule And The Effects Of Covid-19 On New Jersey Public Education, Patrick J. Riley

Student Works

No abstract provided.

History Repeating: How Jim Crow-Type Laws Continue To Disenfranchise Black Women, Deanna Brizak

Student Works

No abstract provided.

The Promise And Peril Of Paternalistic Approaches To Flood Risk, Alexander B. Lemann

University of Colorado Law Review

Our country's ever-growing exposure to flood risk has been the target of policy reform for decades. To many experts, it is clear that we must stop subsidizing flood-prone development and begin the process of moving people away from flood-prone areas. And yet, despite the seemingly obvious benefits of abandoning areas that will be permanently underwater in a generation, flood-prone living has been a difficult habit to kick.

Examining the problem against the background of the philosophical literature on paternalism helps show why. Paternalism- government intervention in people's choices for the good of those same people-has long been controversial. The insistence …

Small Suburbs, Large Lots: How The Scale Of Land-Use Regulation Affects Housing Affordability, Equity, And The Climate, Eric Biber, Giulia Gualco-Nelson, Nicholas Marantz, Moira O’Neill

Utah Law Review

Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Landuse regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating whether greater state involvement in local land-use decision-making is the best path forward.

We argue here that there are good reasons to believe that continuing on the current path—with local control of land-use regulation as it is— will lead to persistent underproduction of housing. The benefits of housing production are primarily regional, including improved …

Effectiveness Of The Existing International Humanitarian Law Provisions In Protecting The Natural Environment During Internal Armed Conflicts, Joharah M. Alkahtani

Dissertations & Theses

The environment is inherently at risk in any armed conflict and the natural environment is always a victim of wars. In order to properly protect the environment, the international community must explicitly recognize the civilian nature of the environment and bar all damages to it notwithstanding its extent, longevity and severity. The current study focuses on the environmental protection during armed conflicts. In World War I, parties employed the indiscriminate use of chemical weapons as a way of gaining military advantage over their enemies. The world responded by adopting the Convention on the Prohibition of the Development, Production, Stockpiling and …

The Right To The World's Longest River: Reopening The Vexing Case Of The Nile River, Amin R. Yacoub, Becky Briggs

William & Mary Environmental Law and Policy Review

Disputes over rivers and water resources extend back to early civilizations. Yet, the current dispute between Egypt and Ethiopia may rank among the most vexing water disputes in modern history. The Grand Ethiopian Dam filling is close to completion, and, if no cooperative or legal solution is reached, many adverse consequences will start appearing gradually on the Egyptian share of the Nile River, which may ultimately pose a threat to the African peace. Currently, the international community is standing in vain after multiple unsuccessful attempts at negotiation and mediation. While legal and political scholars have discussed mechanisms and substantive standards …

“Over-Stressed” Vines Produce No Wines, Whereas “Under-Stressed” Vines Mass Produce: Consolidation, Anti-Competition, And The Fall Of The Family Winery, Elyse Gottschalk

University of San Francisco Law Review

No abstract provided.

La Liberté D’Expression Aux États-Unis Et En France, Elisabeth Zoller

Books & Book Chapters by Maurer Faculty

A chapter from the Ministry's report, RÉPUBLIQUE ÉCOLE LAÏCITÉ

The Role Of Private Lands In Conserving Yellowston'e Wildlife In The Twenty-First Century, Arthur Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard

Wyoming Law Review

No abstract provided.

A Health Justice Response To School Discipline And Policy, Thalia Gonzalez, Alexis Etow, Cesar De La Vega

American University Law Review

Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact of school discipline and policing is amplified, with disparities existing at some of the highest rates across multiple categories. And this disproportionality has not diminished during short- and long-term school closures resulting from the COVID-19 pandemic. In fact, schools have employed new models of exclusion in the pandemic setting that operate …

Survival Voting And Minority Political Rights, Douglas M. Spencer, Lisa Grow Sun, Brigham Daniels, Chantel Sloan, Natalie Blades

American University Law Review

The health of American democracy has literally been challenged. The global pandemic has powerfully exposed a long-standing truth: electoral policies that are frequently referred to as “convenience voting” are really a mode of “survival voting” for millions of Americans. As our data show, racial minorities are overrepresented among voters whose health is most vulnerable, and politicians have leveraged these health disparities to subordinate the political voice of racial minorities.

To date, data about racial disparities in health has played a very limited role in assessing voting rights. A new health lens on the racial impacts of voting rules would beneficially …

Opportunities And Challenges For Deploying Connected And Automated Vehicles To Address Transportation Disparities In Urban Areas, Erika Shepard, Kimberly Napoline, Frank Douma, Adeel Lari

Journal of Law and Mobility

As the development and testing of connected and automated vehicles (CAV) accelerates, it is important for government stakeholders, planners, and policymakers to have a better understanding of the challenges and opportunities CAVs will bring to infrastructure, communities, and lifestyles. There is general consensus among scholars and transportation practitioners that CAV will “disrupt” transportation systems, land use patterns, and socioeconomic power structures as they exist today.The implications of CAV on transportation infrastructure have been the subject of numerous academic and professional studies, suggesting both positive and negative effects may occur. Furthermore, in an American context, transportation planning has historically contributed to …

United Skates: A Call For Leisure Justice For Black Urban Adult Roller Skaters, Regina Austin

Marquette Sports Law Review

No abstract provided.

Ensuring Black Lives Matter When The Penalty Is Death, Sidney Balman

Law Student Publications

"Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They are the faces of institutional oppression of Black men and women in their daily interactions with law enforcement. Thus far, the BLM movement has focused on police brutality against Black communities—the vagaries of violence perpetrated on minority communities by those whose duty is to protect them. But there is another place where Black Lives should Matter, but don’t—the death penalty." [..]

Reflective Journal: Curricular Deficits, Pedagogical Challenges And Constructing Community In A Non- Traditional Law School Class, Rita A. Sethi

Roger Williams University Law Review

No abstract provided.

Uas For Public Safety: Active Threat Recognition, Joseph Cerreta, Tray Denney, Scott S. Burgess, Anthony Galante, David Thirtyacre, Gloria A. Wilson, Patrick Sherman

International Journal of Aviation, Aeronautics, and Aerospace

The Center for Homeland Defense and Security identified an increase of active threat events, such as mass shootings, annually since 1999. Literature suggests that 90% of shootings were over before law enforcement arrived at the scene and the first responder response was limited to “surround and contain” until Special Weapons and Tactics Teams (SWAT) arrived on the scene. Using Unmanned Aircraft Systems (UAS) to detect which individual was the threat and type of weapon used can provide useful information to increase the speed of the response for first-on-scene rather than waiting for SWAT if the type of weapon was known. …

Interlocking Directorates Among The S&P 500: Social Networks, Gender Diversity, And Corporate Governance, Eric P. Magistad

School of Business Student Theses and Dissertations

This multi-article investigation examines corporate board composition and the implications for regulatory penalties. Director diversity on key board committees and board interlocks influence board behaviors as they relate to regulatory risk. Directors bring experience and inter-industry ties to a board position and subsequently transfer and receive specific knowledge, practices, and contacts with other directors (Hillman & Haynes, 2010). Despite this exchange, firms may suffer regulatory oversight penalties because different directors perceive and respond to risk differently (Douglas & Wildavsky, 1983; Flynn et al., 1994). Leveraging the tenets of the cultural theory of risk perception (Douglas & Wildavsky, 1983) and of …