Digital Commons Network^™

Setting The Agenda: The Legal And Historical Context To Best Understand How Transportation Technology Might Be Regulated To Combat Forced Labor, Brittany Eastman

Journal of Law and Mobility

Transportation is a piece of all human activity. As individuals and as a society, the logistics of getting people and goods from one place to another is a question we answer countless times a day. Just today, billions of people drove to work, took the bus to school, used a rideshare to get to the store, or took the train into the city to enjoy an evening out on the town. This list does not even consider all the items people have ordered online which will be shipped and delivered to homes. Even more exciting is the innovation that inspired …

Regulating Fraud On The Marketplace Of Ideas: Federal Securities Law As A Model For Constitutionally Permissible Social Media Regulation, Michael M. Epstein

Seattle University Law Review

This article begins with an introduction discussing speech falsity and the duty under U.S. law by comparing commercial and noncommercial speech. Part I explores the problem of online disinformation. Part II addresses online disinformation in a non-commercial context. Part III contains three subsections assesses non-transactional commercial speech as a basis for non-commercial disinformation regulation. Part IV advocates for a fiduciary duty to fashion a remedy. Part V of this article concludes by suggesting a possible solution for creating a online disinformation law that could survive the First Amendment.

The Law And Science Of Eyewitness Evidence, Thomas D. Albright, Brandon L. Garrett

Faculty Scholarship

Eyewitness evidence crucially depends on visual perception and memory, which are quite fallible. The potential inaccuracy of eyewitness memory has been long demonstrated in cases of wrongful conviction. Today, decades of scientific research on visual perception and memory have identified key causes of error and methods for improving eyewitness performance. Eyewitness evidence, where identification procedures themselves involve experiments, lends itself to scientific research as do few other areas in law. As a result, eyewitness evidence has become a testing ground for the use of science to inform the law. This Article examines how legal actors—state and federal courts, state lawmakers, …

Johnson V. City Of Ferguson: Unreasonable Seizures Of Bystanders Of Police Brutality, 55 Uic L. Rev. 587 (2022), Cashmere Cozart

UIC Law Review

No abstract provided.

Can A State Criminal Subpoena To A Sitting President Be Trumped?: Exploring Trump V. Vance, 55 Uic L. Rev. 727 (2022), Hudson Cross

UIC Law Review

No abstract provided.

Family: The Heart Of The Covid-19 Home, 56 Uic L. Rev. 115 (2022), Mackenzie Prince

UIC Law Review

No abstract provided.

The Democratizing Potential Of Algorithms?, Ngozi Okidegbe

Connecticut Law Review

Jurisdictions are increasingly embracing the use of pretrial risk assessment algorithms as a solution to the problem of mass pretrial incarceration. Conversations about the use of pretrial algorithms in legal scholarship have tended to focus on their opacity, determinativeness, reliability, validity, or their (in)ability to reduce high rates of incarceration, as well as racial and socioeconomic disparities within the pretrial system. This Article breaks from this tendency, examining these algorithms from a democratization of criminal law perspective. Using this framework, it points out that currently employed algorithms are exclusionary of the viewpoints and values of the racially marginalized communities most …

Rise Of Police Unions On The Back Of The Black Liberation Movement, Ayesha Bell Hardaway

Connecticut Law Review

Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American cities. Instead, collective bargaining rights for law enforcement began to gain firm footing during the 1960s as white Americans remained committed to preserving their place in the nation’s racial hierarchy as it related to housing, jobs, education, and entertainment. Existing legal scholarship has successfully highlighted the depth …

Introduction: My Scholarly Trajectory, Michael J. Perry

Emory Law Journal

No abstract provided.

Adapting To A 4°C World, Sarah Fox, Karrigan Börk, Karen Bradshaw, Cinnamon Piñon Carlarne, Robin Kundis Craig, Joshua Galperin, Keith H. Hirokawa, Shi-Ling Hsu, Katrina Fischer Kuh, Kevin J. Lynch, Michele Okoh, Jessica Owley, Melissa Powers, Shannon Roesler, J. B. Ruhl, James E. Salzman, David Takacs, Clifford Villa

College of Law Faculty Publications

The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it. In this latest in a biannual series of essays, they and other members of the Environmental Law Collaborative explore what 4°C might mean for a variety of current legal doctrines, planning policies, governance structures, and institutions.

Grizzlies, Wolves, And Law In The Greater Yellowstone Ecosystem: Wildlife Management Amidst Jusidictional Complexity And Tension, Robert Keiter

Wyoming Law Review

No abstract provided.

Strange Bedfellows? Representative Democracy And Academic Engagement With The Defense Industry, Steven L. Schooner, Evan Matsuda

GW Law Faculty Publications & Other Works

This chapter concludes a book that grew out of 2015 a conference hosted by the University of Pennsylvania's Center for Ethics and the Rule of Law, which brought together defense industry leaders, academics, and lawyers to discuss ethical challenges to the defense industry. Authors from the academy, practitioners, and policy-makers offer perspectives and insights such that the collection spans a broad range of disciplines, from philosophy, economics, law, and political science, to the management of corporate compliance.

In addition to attempting (no doubt unsuccessfully) to tie many of the book's themes together, the chapter itself asserts that the academic community …

China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, Thomas D. Grant, F. Scott Kieff

GW Law Faculty Publications & Other Works

The People’s Republic of China (PRC) has begun to use sanctions against people who speak out against its policies. Well-known are the sanctions that the PRC’s Foreign Ministry Spokesperson announced on January 20, 2021 against twenty-eight persons, both named and unnamed, who recently served or were then serving in the Trump administration, including the then-Secretary of State and National Security Adviser. On March 26, 2021, however, the PRC announced sanctions against a less conspicuous target: Essex Court Chambers, a set of barristers’ chambers in London known for commercial work and investment arbitration. What ostensibly provoked China’s unusual move was a …

Artificial Intelligence Accountability Of Public Administration, Francesca Bignami

GW Law Faculty Publications & Other Works

This article canvasses the use and regulation of artificial intelligence (AI) in US administrative agencies. It is structured as a reply to the questionnaire circulated in advance of the 2022 International Congress of Comparative Law for purposes of preparing the national reports and the general report on the topic of “Artificial Intelligence Accountability of Public Administration.” In large part, the questionnaire’s point of reference is the comprehensive regulation of AI in the European Union’s proposed AI Act. The US reply, contained in this article, highlights the many lacunae in US regulation of AI, similar to the US’s patchwork approach to …

The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

GW Law Faculty Publications & Other Works

In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …

Community-Oriented Policing: Building Trust And Collaborative Relationships With The Black Community, Tunice M. Cole

DSW Capstone Projects

Black people die at the hands of police at a disproportionate rate. In the United States, Black citizens are three times more likely to be killed by police than White citizens. This, along with other factors, has caused a lack of trust, legitimacy, and relationships between police and the Black community. Examining this problem from a socio-ecological and social constructivist perspective suggests that the solution encompasses the use of community feedback and experiences to build and develop a model of community-oriented policing that addresses the issues of the community being served.

Product one of this capstone was a systematic literature …

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Faculty Publications

No abstract provided.

Defining And Demystifying Automated Decision Systems, Rashida Richardson

Maryland Law Review

No abstract provided.

Against Criminal Law Localism, Brenner M. Fissell

Maryland Law Review

No abstract provided.

Corporal Punishment In The United States: Abolishment Under The Civil Rights Act Of 1964, Caroline J. Capili

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Sitting Ducks And Title Vi Of The Civil Rights Act: Preventing The Siting Of New Prisons Near Harmful Pollutants, Jessa Webber

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Keynote Address, Justin Hansford

Seattle University Law Review

Keynote Address by Justin Hansford

Court Review: Journal Of The American Judges Association, Vol. 58, No. 3, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Civil Cases in the Supreme Court’s October Term 2021; Thomas M. Fisher

Threats to Impartiality in Capital Jury Selection: Addressing Dead-Serious Falsifications; Richard Rogers, Eric Y. Drogin, and Sara E. Hartigan

Science-Based Recommendations for the Collection of Eyewitness Identification Evidence; Margaret Bull Kovera, Jacqueline Katzman, Jennifer M. Jones, and Melanie B. Fessinger

Editor’s Note; David J. Dreyer

President’s Column; Yvette Mansfield Alexander

Crossword; Vic Fleming

Thoughts from Canada: Assessing Credibility: The Impact of a Motive to Lie and the Embellishment of Evidence -- the Canadian Approach; Wayne K. Gorman

The Resource Page: Democracy's Last Line of Defense: A …

Nonparty Interests In Contract Law, Omri Ben-Shahar, David A. Hoffman, Cathy Hwang

Articles

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.”

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primary norm with surprising …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein, Jed Handelsman Shugerman

Articles

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to remove the magnetometers from the entrances to the rally and his …

Opioid Accountability, Daniel G. Aaron

Utah Law Faculty Scholarship

The opioid crisis has steadily killed Americans for twenty years. In total, we have lost 450,000 American lives since the 1990s, and countless more suffer from chronic addiction.

After years of piecemeal efforts to address this massive loss of life and health, the opioid litigation, largely centralized in Ohio federal district court, has brought significant hope for change. But there is a notable divide between the popular sense of the litigation and its reality. A full 57% of Americans believe that opioid companies should be held accountable for precipitating a public health crisis. However, the litigation has been dedicated to …

Masking Free Speech: The First Amendment Implications Of Masks, Clothing, And Public Health, Roy S. Gutterman

Loyola University Chicago Law Journal

Regulations mandating the wearing of face coverings to prevent the spread of COVID-19 have encountered resistance on a variety of grounds. This article analyzes the constitutional status of mask requirements from a free-speech perspective, differentiating between the issue of written words or logos on a mask as a form of speech, and the ability to keep one’s face uncovered as a speech right in itself. It examines the similarities and distinctions between challenges to mask mandates and other First Amendment objections to government restrictions related to clothing (or the lack thereof)—from public nudity prohibitions, to motorcycle helmet laws, to regulations …

Rigour Required: Recent Direction From The Supreme Court Of Canada On Binding And Non-Binding Sources Of International Law In Charter Interpretation, Ravi Amarnath, Courtney Harris

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

It is not uncommon for parties to plead principles of international law to inform a court’s analysis of the Canadian Charter of Rights and Freedoms (the “Charter”). However, commentators have long expressed concern about the Supreme Court of Canada’s lack of clarity on how it uses international human rights law and for what purpose in Charter interpretation. This paper addresses how a divided Supreme Court of Canada in Quebec (Attorney General) v. 9147-0732 Québec inc. (“9147-0732 Québec inc.”) attempted to clarify when it is appropriate for a court to use international law to interpret the scope of a Charter protection …

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …

The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna E. Carpenter, Alyx Mark

Utah Law Faculty Scholarship

In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …