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Aligned: Sex Workers’ Lessons For The Gig Economy, Yvette Butler

Articles by Maurer Faculty

Society’s perception of a type of work and the people who engage in money-generating activities has an impact on whether and how the law protects (or does not protect) the people who perform those activities. Work can be legitimized or delegitimized. Workers are protected or left out to dry depending upon their particular “hustle.” This Article argues that gig workers and sex workers face similar challenges within the legal system and that these groups can and should collaborate to their collective advantage when seeking reforms. Gig workers have been gaining legitimacy while sex workers still primarily operate in the shadow …

Race In America 2021: A Time To Embrace Beauharnais V. Illinois?, Steven A. Ramirez

Faculty Publications & Other Works

Hate crimes and racially motivated violence spiked in the United States over the past few years. Our foreign adversaries seek to inflame racial divisions in our nation and turn American against American. This now forms a major threat to our national security and domestic tranquility. Indeed, in light of the attempted insurrection of January 6, 2021, the costs of our festering racial hierarchy now threaten our constitutional republic. The soaring costs of the American racial hierarchy now demands aggressive legal response. This Essay demonstrates that the process of racial formation undergirding the hierarchy relies upon group libel to propagate racial …

Permanent Homelands Through Treaties With The United States: Restoring Faith In The Tribal Nation-U.S. Relationship In Light Of The Mcgirt Decision, Angelique Eaglewoman

Mitchell Hamline Law Review

No abstract provided.

This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burress, Tony Sanchez, Joshua Cottle

Mitchell Hamline Law Review

No abstract provided.

Transparency Into Darkness: How The United States Use Of Double-Tap Drone Strikes Violates Ihl Principles Of Distinction And Proportionality, John Bonino

Student Works

No abstract provided.

Unifying Antitrust Enforcement For The Digital Age, John O. Mcginnis, Linda Sun

Washington and Lee Law Review

As the digital revolution continues to transform competition among businesses, U.S. antitrust enforcement has struggled to remain effective. The U.S. has long depended on a system of dual antitrust enforcement through both the Federal Trade Commission (FTC) and the Department of Justice (DOJ). Modern technology has greatly exacerbated existing structural deficiencies of the two-headed approach, at times resulting in deadlock. The two agencies approach new antitrust issues generated by computational technologies differently and fight over who should lead key investigations, leading to economic uncertainty in the most important business sectors. These enforcement disagreements can also hobble the government’s response to …

Cyber Conflicts In Outer Space: Lessons From Scada Cybersecurity, Roy Balleste

Emory Business Law Review

The story of cybersecurity begins in land. By land, a cyber operations expert would mean the land mass on the surface of the Earth. The great monuments to human achievement surround our daily lives, every hour of every day. These testaments to human ingenuity are not the usual ones known to be appreciated as works of art. The monuments of concern for cybersecurity include, among others, power plants, electrical substations, water dams, water processing plants, auto assembly factories, and satellite ground stations. On January 10, 2014, Australia’s IT News reported that Russian researchers Sergey Gordeychik and Gleb Gritsai discovered vulnerabilities …

Pathways To Accountability For Starvation Crimes In Yemen, Laura Graham

Case Western Reserve Journal of International Law

No abstract provided.

Neutral On Its Face, Dignitary Harm At Its Core, Bethany Gump Jones

Case Western Reserve Journal of International Law

No abstract provided.

Aristocratic Excellence, Secular Ecumenism, And The Life Of The Modern Law School: Book Review, Neil Fulton

Faculty Publications

Anthony Kronman and John Sexton have both authored books about the state of higher education: Kronman's entitled, The Assault on American Excellence; Sexton's entitled, Standing for Reason. Both authors have extensive experience as instructors and administrators. Both have academic careers centered around law schools. Both use their books to explore the critical mission of universities in modern society, political and social challenges to that mission, and how to overcome those challenges. Both books are informed, provocative, and ultimately hopeful about the future of higher education. Both, while centered on universities more generally, provide avenues to think about the …

United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, Diana Hassel

Roger Williams University Law Review

No abstract provided.

Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton

Publications

Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.

The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …

Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone

Publications

No abstract provided.

Rights For The “Non-Conforming” Woman: The Intersectionality Of The Fight For Women’S Rights And Lgbtq+ Rights In Argentina, Talia C. Housman

Honors Theses

Argentina has faced many challenges throughout its history of activism as the people have pushed for an equal society. Different movements have sprung up over the years, but they have begun to twist together in recent times due to the need for support during repressive regimes. This brings into question the concept of intersectionality, which spans feminist, queer, and legal theory in its attempt to explain the need for overlap, modeling the natural development of personal identities and groups like family. The feminist movement and the LGBTQ+ movements have woven together in many rallies, especially during El Encuentro Nacional de …

Rejecting Honorary Whiteness: Asian Americans And The Attack On Race-Conscious Admissions, Philip Lee

Emory Law Journal

Since the 1960s, Asian Americans have been labeled by the dominant society as the “model minority.” This status is commonly juxtaposed against so-called “problem” minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer exist in America. If Asians can succeed against all odds, the reasoning goes, so can everyone else. Further, if a member of a minority group fails, it is because of their own lack of diligence and ambition, and not some supposed systemic unfairness. However, the model minority narrative …

Targeting Exceptions, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

On May 26, 2020, the forty-fifth President of the United States, Donald Trump, tweeted: “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mail boxes will be robbed, ballots will be forged & even illegally printed out & fraudulently signed.” Later that same day, Twitter appended an addendum to the President’s tweets so viewers could “get the facts” about California’s mail-in ballot plans and provided a link. In contrast, Facebook’s CEO Mark Zuckerberg refused to take ac- tion on President Trump’s posts. Only when it came to Trump’s support of the Capitol riot did …

The Future Of Liberal Democracy In The International Legal Order, Tom Ginsburg

Public Law and Legal Theory Working Papers

Liberal democracy is a feature of national political order that can be promoted, defended, or undermined by international legal institutions. It is not a feature of international legal order itself, nor can it be, given the inherent pluralism about ways of organizing government that is constitutive of the international legal system. But neither is it the case that any particular liberal democracy is an island; liberalism is itself a transnational ideology, and both the expansion and recession of democracy around the world have been the result of interdependent decisions made by states and other transnational actors.

Of particular importance has …

The Limits Of International Law Fifteen Years Later, Eric A. Posner, Jack L. Goldsmith

Public Law and Legal Theory Working Papers

The Limits of International Law received a great deal of criticism when it was published in 2005 but it has aged well. The skeptical, social-scientific methodology that it recommended has become a normal mode of international law scholarship. And the dominant idealistic view of international law that the book criticized is today in shambles, unable to explain the turmoil in international politics. This essay reflects on the book’s reception and corrects common misperceptions of its arguments.

Publish, Share, Re-Tweet, And Repeat, Michal Lavi

University of Michigan Journal of Law Reform

New technologies allow users to communicate ideas to a broad audience easily and quickly, affecting the way ideas are interpreted and their credibility. Each and every social network user can simply click “share” or “retweet” and automatically republish an existing post and expose a new message to a wide audience. The dissemination of ideas can raise public awareness about important issues and bring about social, political, and economic change.

Yet, digital sharing also provides vast opportunities to spread false rumors, defamation, and Fake News stories at the thoughtless click of a button. The spreading of falsehoods can severely harm the …

, The American Constitution In The Cycle Of Kali Yuga: Eastern Philosophy Greets Western Democracy, Shiv Narayan Persaud

Journal Publications

This paper will explore the above-mentioned questions while taking into consideration the intent and overarching tenets of the Constitution in relation to the precepts of Kali Yuga. The hope is to generate discourse on some of the trappings of the Constitution and constitutional democracy in an ever changing and increasingly diverse and segmented society-a nation with a multiplicity of cultures with distinctive beliefs and moral systems. Emphatically stated, the intent is not to examine every article or amendment of the Constitution; this would be presumptuous. The intent is to foster an examination of the Constitution as the overall architectural framework …

Hannah Arendt Meets Qanon: Conspiracy, Ideology, And The Collapse Of Common Sense, David Luban

Georgetown Law Faculty Publications and Other Works

A June 2020 survey found one in four Americans agreeing that “powerful people intentionally planned the coronavirus outbreak.” In fall 2020, seven percent said they believe the elaborate and grotesque mythology of QAnon; another eleven percent were unsure whether they believe it. November and December 2020 found tens of millions of Americans believing in election-theft plots that would require superhuman levels of coordination and secrecy among dozens, perhaps hundreds, of otherwise-unconnected and unidentified miscreants.

Conspiracy theories are nothing new, and they raise a question that preoccupied Hannah Arendt in The Origins of Totalitarianism: whatever happened to common sense? Arendt …

Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis

Touro Law Review

Recent mass shootings have placed pressure on Congress and state legislatures to regulate semi-automatic rifles and handguns in the interest of public safety. However, the Second Amendment provides that, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. There is no obvious public safety exception.

Semi-automatic rifles, handguns, and other kinds of arms can be regulated more effectively by defining the “ordinary military equipment” militia members are expected to provide. This may be accomplished using the rationale employed by the United States …

Mistakes Were Made: Applying Lessons Learned From The Tobacco Master Settlement Agreement To The Opioid Settlement Agreement, Elizabeth Orrick

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Addressing Racial Inequities In The Criminal Justice System Through A Reconstruction Sentencing Approach, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

Justice reform is having a moment. Across the nation and in the federal government, legislation has passed “to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction.” While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice reckoning brought on by events of 2020 and intensified calls for racial justice. In the summer of 2020 media attention on the police killings of George Floyd and Breonna Taylor sparked nationwide and global protests and accompanying antiracism pledges by individuals and institutions. This …

Rejecting Honorary Whiteness: Asian Americans And The Attack On Race-Conscious Admissions, Philip Lee

Faculty Publications

Since the 1960s, Asian Americans have been labeled by the dominant society as the “model minority.” This status is commonly juxtaposed against so-called “problem” minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer exist in America. If Asians can succeed against all odds, the reasoning goes, so can everyone else. Further, if a member of a minority group fails, it is because of their own lack of diligence and ambition, and not some supposed systemic unfairness. However, the model minority narrative …

Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias

Emory International Law Review Recent Developments

Across the world, cultural property has come under heavy fire in the midst of war. The proliferation of attacks against cultural property in armed conflicts around the world has underlined the need for effective protections for such property. If the International Criminal Court finds a way to extend jurisdiction to offences in these territories, Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute will become the most important tools of prosecution. But the statute itself, while aiming at ending impunity, is bound by the pillars of criminal justice—lex praevia, lex certa, lex stricta, and lex scripta. This Article examines the Al …

Overcoming International Intertia: The Creation Of War Manual For Lethal Autonomous Weapons Systems, Jay Ettinger

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

"Because It Is Wrong": An Essay On The Immorality And Illegality Of The Online Service Contracts Of Google And Facebook, Preston M. Torbert

Journal of Law, Technology, & the Internet

This essay argues that the behavioral-advertising business model under which an internet platform, such as Google or Facebook, provides free services in exchange for the user’s personal data is immoral and illegal. It is immoral because it relies on addiction, surveillance, and manipulation of the user to deplete the user’s autonomy. The contract between the company and the user is immoral. It can also be plausibly argued that the contract is illegal under California law because it is contrary to good morals, is unconscionable, and is against public policy. As society becomes more aware of these moral and legal defects, …

Prisoners As "Quasi-Employees", Ethan Heben

University of Florida Journal of Law & Public Policy

No abstract provided.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt …