Digital Commons Network^™

A New Research Programme For International Relations And International Law: Jurisdiction, Capitalism, And Imperialist Infrastructures, Maïa Pal

National Law School of India Review

This article argues that Chimni’s proposed framework for historically and theoretically reconceptualising jurisdiction in ‘The international law of jurisdiction: A TWAIL perspective’ has important implications for a much-needed renewed encounter between the disciplines of International Law and International Relations. It begins by summarising the contribution of Chimni’s article in terms of its two historical and theoretical contributions. It then focuses on the theoretical reconceptualization of jurisdiction as structurally interdependent with capitalism and sovereignty, rather than territory and sovereignty as found in mainstream and liberal approaches. Moreover, Chimni’s article fills gaps in critical approaches by thinking of jurisdiction in more material …

Afterword, B.S. Chimni

National Law School of India Review

Afterword.

Colonies And International Labour Organization: A Subaltern Outlook, Aathira Raju

National Law School of India Review

This paper put forward a subaltern perspective to outline the conditions of colonial labour during the interwar era. It is argued that despite the efforts of postcolonial international legal scholars to make the subaltern class visible, the latter’s voice remained scanty. One of the reasons is the paradox of international law. As noted by Chimni, “It is an instrument of subjugation and of liberation, of exploitation and possible emancipation”. This dichotomy can be witnessed in the transactions of international institutions, notably the International Labour Organization (‘ILO’). On the one hand, the ILO was regarded as the pacesetter for labour interests; …

Rapporteur Report, Shwetha Ramachandran, Laavanya Tewari, Chayan B.P., Manvi Sahni

National Law School of India Review

XVI NLSIR Symposium: TWAIL Approaches to Jurisdiction [Volume 35(2)].

Third World Statehood Before The ‘Third World’: Imperialism, Sovereignty, And The Making Of Latin America, Eric Loefflad

National Law School of India Review

Engaging BS Chimni’s claim that the genealogies of colonial capitalism are vital to uncovering the substantive realities that animate formalistic conceptions of jurisdiction, I argue that the independence of Latin America forms an important, yet under- theorised, site for articulating these genealogies. This is especially significant given the general lack of materialist analysis of this history in both Latin American International Law (LAIL) and Third World Approaches to International Law (TWAIL’). Filling this lacuna, I argue that while Latin American polities emerged as bounded territorial states, their recognition as such must be understood in relation to how Europe and the …

Prohibiting More Subsidies: The Trilateral Statement Vis- À-Vis The Scm Agreement, Manya Gupta, Uravi Pania

National Law School of India Review

This article critically examines the 2020 Joint Trilateral Statement by the US, EU, and Japan proposing additions to the list of prohibited subsidies under the WTO’s Agreement on Subsidies and Countervailing Measures (SCM Agreement). It argues that the proposal to include unlimited guarantees, subsidies to insolvent enterprises, subsidies in sectors with overcapacity, and certain debt forgiveness as prohibited subsidies is problematic for several reasons. First, there is a lack of economic rationale and evidence for blanket prohibition of these subsidies. Second, the language used in defining the proposed subsidies is vague and uncertain, leading to potential misinterpretation and implementation challenges. …

Gender In The Making Of The Constitution: Proposals For A Feminist Inquiry Into Indian Constitutional History, Achyut Chetan

National Law School Journal

A feminist inquiry into the framing of the Indian Constitution must retrieve and see the interventions of the women members of the Constituent Assembly for what they historically represent, namely, a feminist authorial voice that was developed over a period of time by the pre-Independence women’s movement in India. For a proper understanding of this voice, we must understand the gendered character of the Constituent Assembly, its architecture, its procedures, the dynamics of the gendered relations among its members, and above all, the performative aspects of the debates. This inquiry must also investigate the language employed by the members and …

Labor Market Trap, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Some products, notably but not only platforms, increase in value for users as the number of other users increases. These interaction or network effects can result in “product market traps” (Bursztyn et al., 2023) where people who use the product would be better off if they all stopped using it and switched to another product, but cannot because of coordination problems. A parallel but overlooked phenomenon is the labor market trap, where employees would be better off if they collectively left an employer, job, or profession, but cannot because of the difficulty of coordination. Product market and labor market traps …

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …

Exploring The Intersectional And Spatial Implications Of The Police Power To Search Dwellings Incident To Lawful Arrest: A Comment On R. V. Stairs, Danardo S. Jones

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

This paper examines whether the Supreme Court of Canada’s decision in R. v. Stairs to alter the baseline police power to conduct searches incident to lawful arrest adequately addresses issues of intersectionality and spatiality. The paper’s principal focus is on race and class, which is analyzed through the lens of critical theories around race and space/spatialization, drawing on Black geographies and Critical Race Theory (“CRT”). It will also consider critical legal theories that urge us to conduct a distributional analysis of the differential impacts of legal standards. Importantly, the paper considers how courts do and should conceptualize privacy and domesticity …

Research Access To Social Media Data: Lessons From Clinical Trial Data Sharing, Christopher J. Morten, Gabriel Nicholas, Salomé Vilgoen

Articles

For years, social media companies have sparred with lawmakers over how much independent access to platform data they should provide researchers. Sharing data with researchers allows the public to better understand the risks and harms associated with social media, including areas such as misinformation, child safety, and political polarization. Yet researcher access is controversial. Privacy advocates and companies raise the potential privacy threats of researchers using such data irresponsibly. In addition, social media companies raise concerns over trade secrecy: the data these companies hold and the algorithms powered by that data are secretive sources of competitive advantage. This Article shows …

Valuing Social Data, Amanda Parsons, Salome Viljoen

Articles

Social data production—accumulating, processing, and using large volumes of data about people—is a unique form of value creation that characterizes the digital economy. Social data production also presents critical challenges for the legal regimes that encounter it. This Article provides scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production that is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that …

Rap On Trial: A Brief History, Jack Lerner

Chapman Law Review

In recent years, the prosecutorial tactic, often called “Rap on Trial”—in which rap lyrics and videos associated with a defendant are used as evidence of criminal activity—has exploded into national prominence. The widely-followed prosecution of Young Thug and his labelmates, along with other high-profile rappers, has generated intense interest in the issue, but even before the Young Thug indictment, legislators in California, Washington D.C., and other states had introduced legislation to curb the practice. The Rap on Trial tactic has been around since at least 1991; hundreds of courts have issued judicial opinions permitting the use of rap evidence, despite …

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Law Faculty Scholarly Articles

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

The Rural Lawyer Shortage As (Surprising) Scholarly Impetus, Lisa R. Pruitt

South Dakota Law Review

No abstract provided.

Reproducing Inequality: Racial Capitalism And The Cost Of Public Education, Thalia Gonzalez, Paige Joki

Faculty Scholarship

American democracy is marked by an unwavering deployment of racialized economic modalities of fines, fees, and debt aimed at scaffolding hierarchies of white power and prescribing Black people as commodities, not human beings. Over the last two decades, an expanding praxis in the economic justice field has emerged, opposing and disrupting racialized economic logics within a national anti-fine, fee and cost movement. From scholarly discourse to legal interventions and reforms at city- and county-levels, the movement has sought to target interlocking material and ideological forces that comprise racial capitalist geographies across many criminal and civil systems. Despite this significant work, …

Caring For The Caregivers: Reimagining Institutional Recognition Of Caregiving Work After The Covid Care Crisis, Shruti Rana

Faculty Publications

The COVID-19 pandemic washed over the already uneven landscape of legal academia with an unrelenting force, hitting the most vulnerable most harshly while leaving others bobbing or churning in the waves, loosening the tethers to the social and institutional structures that had previously supported them. Some of the most devastating losses were unsurprising and indeed played out as had long been feared or predicted in times of crisis. Other harms played out in entirely new ways, creating new scars and obstacles. As we survey the changes brought across this landscape in the pandemic's wake, several emerging themes deserve further scrutiny …

Just Consumer Financial Protection: Prevention Or Cure, Andrea Boyack

Faculty Publications

This article examines the relationship between two complementary and related consumer financial protection approaches: regulatory oversight of financing terms (ex ante protection) and bankruptcy discharge of consumer debts (ex post protection). Although often conceptualized as distinct areas of law, consumer financial regulation and consumer bankruptcy are two sides of the same coin and function together to treat the harms of financial distress. This article seeks to explore the relationship and tensions between these various approaches by juxtaposing consumer debtor-creditor law attitudes and legal developments in continental Europe (primarily France and Germany) with those in the United States. After …

Top Ten Ways To Improve Your Mediation Skills, John Lande

Faculty Publications

This article uses Real Practice Systems (RPS) theory to identify things that mediators can do to improve their mediation skills. This begins by mediators recognizing that they have a complex mediation practice system if they mediate regularly. The article includes links to a short video and articles to help mediators understand their unique systems. Using these insights, mediators can complete a self-assessment questionnaire and take advantage of the RPS Menu of Mediation Checklists to tailor their own checklists to fit their practices. Mediators can continuously improve by participating in ongoing educational practice groups.

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …

Strictly Intersectional Scrutiny: A Recommendation For Transforming The Epc To Highlight Queer Black Women, Kayla M. Richardson

Undergraduate Honors Theses

The purpose of this thesis is to explore the interpretation of the Equal Protection Clause by the Supreme Court of the United States (SCOTUS) and how this interpretation can become more intersectional for Black queer women. This question is explored within the scope of two theoretical frameworks: Derrick Bell’s theory of interest convergence and Kimberlé Crenshaw’s theory of intersectionality. This project examines whether any factors compel SCOTUS to be more intersectional in its approach to the Fourteenth Amendment. Simultaneously, this study also considers what social contexts make SCOTUS more likely to focus on the interests of the oppressor, a demographic …

Teaching “Mistrust”, Sarah J. Schendel, Sam E. Bourgeois

Minnesota Journal of Law & Inequality

No abstract provided.

Independence Through Judicialization: The Politics Surrounding Administrative Adjudicators, 1929-1949, Lawrence J. Liu

Michigan Journal of Environmental & Administrative Law

One front in today’s battle to define the scope of the administrative state concerns the authority, status, and future of its 10,000-plus administrative adjudicators. Decisions by federal courts and the executive branch to increase the dependence of administrative adjudicators on the executive have sparked strong reactions from observers, with many advocating for measures to increase adjudicator “independence.” But who should administrative adjudicators be independent of, which ought to be independent, and why?

Calls for administrative adjudicator independence are not new. This Article draws on primary documents produced by private actors, congressional decisionmakers, and federal executive agents to present a political …

Bridges You Cannot Burn: Antifragile Dispute Resolution For Children With Disabilities, Michelle Brady

Saint Louis University Law Journal

Families of children with disabilities need an indestructible bridge to their support network. In this article, I use Nassim Taleb’s concept of antifragility to describe ways to resolve conflict that simultaneously strengthen the relationship of the parties. Last year, the Supreme Court decided Perez v. Sturgis Public Schools, in which a public school assigned an unqualified interpreter to Miguel Perez, who is deaf; inflated his grades to inclusion on the honor roll; and refused him graduation. His parents sought relief under two federal disability laws, and the Court unanimously held that the family could recover under both laws, granting …

Transnationalization Of Legal Education: A Confluence Of Multiple Factors Review Of “The Globalization Of Legal Education: A Critical Perspective” By Bryant Garth And Gregory Shaffer, Md. Rizwanul Islam

Saint Louis University Law Journal

Legal education across many parts of the world is increasingly transnationalized. Transnationalized legal education is a metamorphosis propelled by a combination of factors, some endogenous to the law school and legal community, some exogenous to them. This review essay finds that globalization and reform of legal education are often part of a broader change within a state. Any reform of legal education is often chaotic, as it deals with human actors, not with value-free formulas. The engineers of reform of legal education have not been a single or cohesive force, but more often groups of reformers have coalesced with others …

Innovation Originators, Tabrez Y. Ebrahim, Rafeel Wasif

Michigan Technology Law Review

Asian Americans are one of the most striking and undertheorized ethnic groups in the field of innovation. While a prolific ethnic group when it comes to being named as inventors on U.S. patents, very little has been written on this observation, perhaps because of previously limited datasets and unwieldy data analysis on ethnic backgrounds about patenting at the United States Patent & Trademark Office (USPTO). Research on inventor diversity and ethnicity in innovation has begun to explore some ethnic groups, but a more holistic account should focus on one particular overlooked group. Recently, entrepreneurship studies concerning ethnicity have shown that …

A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner

UF Law Faculty Publications

The landscape of college sports has dramatically changed in recent years. What was once considered a place for amateur athletes pursuing education now partially mirrors, at least for some student-athletes, the structure and financial dynamics of professional leagues such as the NFL, NBA, and MLB. However, the collegiate sports ecosystem still remains distinct, shaped by unique regulatory frameworks governed by the NCAA. This article reviews and analyses the implications of these changes, and focuses on the tax considerations surrounding Name, Image, and Likeness (NIL) rights and how the evolving nature of college sports also presents certain tax implications, some of …

Ethical Oversight And Social Licensing Of Portable Mri Research, Barbara J. Evans

UF Law Faculty Publications

This article explores two questions: (1) whether portable MRI research might escape regulatory oversight altogether under existing U.S. privacy and research ethical frameworks, leaving research participants without adequate protections, and (2) whether existing regulatory frameworks, when they do apply, can guard society’s broader interest in ensuring that portable MRI research pursues socially beneficial, ethically sound aims that minimize the potential for externalities affecting nonparticipating individuals and groups, who might be stigmatized or otherwise harmed even if they decline participation in the research.

Book Review Of Spencer Headworth’S Rules Of The Road: The Automobile And The Transformation Of American Criminal Justice, Mark Fenster

UF Law Faculty Publications

No abstract provided.

Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda

Indiana Journal of Law and Social Equality

Books containing LGBTQ+ themes and characters are being removed from public school libraries at a rapid rate across the United States. While a book challenge has made it to the Supreme Court once before, the resulting singular plurality opinion left courts without a clear test to apply, ultimately leaving students’ First Amendment rights in the air. Additionally, the increasingly relaxed view of courts towards religious influence in public schools indicates that if a modern case were to reach the Supreme Court, religious challenges may be accepted, which would leave LGBTQ+ students who seek to see themselves represented in literature without …