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Legitimacy And Accountability In The Information-Era Administrative State, Nina-Simone Edwards

Library Scholarship

The current assault on administrative institutions and the rapid influx of automated “solutions” have exacerbated the problems of a system that was already buckling under the strains of functional opacity, technical opacity, unequal access and influence, process proliferation and paralysis, and inaction. An overarching reason for the legitimacy and accountability challenges confronting the administrative state is a paradigm for administrative legitimacy and accountability that is court-centered and no longer fit for purpose.

In this concept paper, we describe two core requirements of legitimacy and accountability–which, as we will explain, are interdependent concepts–and then articulate three component requirements–transparency and demystification, care …

Neutralization Mechanisms In Protest-Related Vandalism: Implications For Psycholinguistic Crisis Communication, M. Agung Lyndardi

Jurnal Kriminologi Indonesia

Protest-related vandalism has become a recurring phenomenon in Indonesia’s democratic landscape, particularly during large-scale demonstrations involving students, labor groups, and civil society coalitions. Conventional legal approaches that define vandalism as a public-order violation are insufficient to explain why such actions persist, why they concentrate on symbolic state targets, and why participants frequently deny moral wrongdoing. This article analyzes protest-related vandalism in Indonesia through the framework of neutralization theory (Sykes & Matza, 1957), integrating perspectives from criminology, moral disengagement theory, collective action, political legitimacy, and public psycholinguistics. Using a structured literature review of international and Indonesian scholarship published between 1957 and …

Front Pages

American Indian Law Review

No abstract provided.

Cutting The Gordian Knot Of Civil Liability: Cross-Deputization Agreements As A Remedy To Jurisdiction And Liability Concerns For Indian Country In Oklahoma, K. Mekko Factor

American Indian Law Review

No abstract provided.

A Historical Review Of Congressional Plenary Power And Tribal Treaties And The Implications Following Herrera, Skye Hosch Taylor

American Indian Law Review

No abstract provided.

Unethical Business Practices Plague Native American Cultures And Economies – Solutions To The Ineffectiveness Of The Indian Arts And Crafts Act, Benjamin Amoroso Sinder

American Indian Law Review

No abstract provided.

A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma, Darbi E. Robertson

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2024 Native American Law Student Association Moot Court Competition, Molly Gunther, Kevin Burdet

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

The Bad Man’S Hourglass: Extending The Clock On Justice, Liv G. Cummins

American Indian Law Review

No abstract provided.

With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom, Cassidy Beck

American Indian Law Review

No abstract provided.

“Discovered!”: Plaintiff’S Brief To The United States Supreme Court In Johnson & Graham’S Lessee V. M‘Intosh (1823), Mark Savage

American Indian Law Review

No abstract provided.

Abrogation Without Mention: A Note On Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin, Taya Maxson

American Indian Law Review

No abstract provided.

Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country, Fatima D. Jaime

American Indian Law Review

No abstract provided.

Ward, Trust, Or Sovereign: The Impact Of Metaphor In Supreme Court Indian Law Jurisprudence, Sadie Pate

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2025 Native American Law Student Association Moot Court Competition, Baylee Ogle, Madison Bailey

American Indian Law Review

No abstract provided.

The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli

Comparative Labor Law & Policy Journal

The concept of subordination serves as the key criterion for accessing social protection across civil law systems. Theoretically, subordination corresponds to what common law systems define — through multifactorial tests — as an employment (or service) contract, distinguishing it from self-employment. While this historic dichotomy is widely regarded as unsatisfactory and has long been questioned, the notion of subordination remains central to ensuring that workers receive the protection guaranteed under the labour law systems. Part I will address the problem of subordination as a fundamental legal category of labour law, rooted in contract law. Regardless of the complex legal origins …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Front Matter

Book Review: Défense Et Illustration De L’Action Internationale: L’Example De L’Oit By Jean-Michel Servais, Editions L’Harmattan, 20251, Lance Compa

Comparative Labor Law & Policy Journal

For decades a leading figure among senior legal officials at the International Labour Organization (ILO), Jean-Michel Servais has synthesized his experience in a magisterial work that every international labour law scholar and practitioner should have on hand — if they read French. This brief review is meant to introduce it to a broader audience, with hope that the book might be translated and published for the benefit of English readers, too.

Ideology And Law In Tension: The Macedonian Socialist Model Of Secularism And Its Constitutional Legacy, Aleksandar Spasenovski

Occasional Papers on Religion in Eastern Europe

This article examines the constitutional and ideological foundations of church–state relations in socialist Macedonia (1945–1990), situating them within the broader framework of socialist Yugoslavia. It argues that the Macedonian model of secularism was shaped by a structural tension between Marxist atheism as an official ideological doctrine and formal constitutional guarantees of freedom of religion. While constitutional texts affirmed separation and religious liberty, statutory regulation and political practice constrained the public role of religion and marginalized religious communities within the socialist legal order.

By analyzing ideological premises, constitutional provisions, and legislative instruments, the article identifies the defining paradox of the Yugoslav …

The Human Rights Argumentation Of The Uoc-Mp As A Strategy Of Institutional Self-Preservation Under Conditions Of Armed Aggression, Mariia Rudiuk, Valeriy Bulatov

Occasional Papers on Religion in Eastern Europe

The article examines the strategy of institutional self-preservation employed by the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) under conditions of Russian armed aggression. The relevance of the topic is determined by the adoption of Law of Ukraine No. 3894-IX “On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations,” aimed at limiting the influence of religious structures affiliated with the aggressor state. Particular attention is devoted to the ways in which the UOC-MP utilizes democratic legal mechanisms and European human rights rhetoric in order to delay or neutralize Ukraine’s national security measures. The …

Designed Lands©Apes—Ar©Hitecture, Sculpture, Visual Art, Shape, Pi©Torial Work, Or . . . Nothing At All?, Richard H. Chused

Articles & Chapters

This article arises from the saga of the construction and eventual destruction of a landmark landscape architectural work by the well-known artist Mary Miss that was constructed adjacent to the Des Moines Art Center called Greenwood Pond: Double Site. The project’s demise is emblematic of the remarkably ambiguous copyright problems that surround such artistic creations. They do not neatly fit into any category of copyrightable works. Though they may contain sculptural works, their overall designs are rarely totally sculptural. While architects typically draw plans and “sculpt” a landscaped space, the results usually are not “buildings,’ as required by the definition …

Standard Textualism, James A. Macleod

Michigan Law Review

For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been understood to produce characteristically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously envisioned, the rule of modern textualism produces a law of standards—much more so than anybody, proponent of textualism or critic, appears to have recognized.

Two aspects of today’s textualism produce this result. The first is its emphasis on ordinary language and communication. Modern textualism typically produces standards because ordinary language and communication are typically standard-like. The second is modern textualism’s drive …

The Law Of The Mid-Transition, Alison Gocke

Michigan Law Review

To address climate change, our energy systems need to transition from fossil fuels to clean energy resources. There is a tendency to think this transition will occur in a linear, seamless progression: We will move from the (old) fossil fuel system at Time A to a (new) clean energy system at Time B. But this belies the reality that an energy transition involves not just building a new energy system, but also unwinding an old one. Crucially, both processes will take time. That means there will be a significant period in which both energy systems coexist.

In the engineering literature, …

Algorithmic Medicine And The Duty To Disclose: Informed Consent Through The Lens Of Radiology, Lee Rodriguez

Michigan Law Review

Informed consent is the law’s mechanism for protecting patient autonomy by requiring disclosure of facts that bear on the decision to accept or refuse care. Artificial intelligence now helps decide what is medically true for patients, yet informed consent law still assumes that diagnostic judgment is rendered by a human mind whose reasoning is at least in principle communicable. Radiology has become the leading setting for this tension. AI systems triage worklists, flag suspected abnormalities, and anchor first-pass impressions in ways that guide radiologists’ attention and, in practice, can coauthor diagnostic conclusions while remaining invisible to patients. When patients are …

Was The Early U.S. Tax Treaty Program A One-Man Show?, Wei Cui

All Faculty Publications

This article examines the origins of the U.S. tax treaty program from the mid-1930s to the early 1950s. Drawing on congressional records and previously unexamined Treasury and State Department archives, it argues that the program was shaped to an extraordinary degree by a single Bureau of Internal Revenue official, Eldon P. King. Far from merely administering treaty policy, King effectively created and directed it: he developed legal justifications for treaty negotiations, selected negotiating partners, led negotiations, managed relations with the State Department, and helped secure Senate acceptance of the resulting agreements. The article shows how King transformed the limited treaty-related …

Unleashing Mass Entrepreneurship: Firm-Level Evidence On The Impact Of China’S Registered Capital Reform, Wei Cui, Mengying Wei

All Faculty Publications

A 2013 amendment of China’s Company Law allowed limited liability companies to form without any minimum equity requirement. Using a confidential taxpayer dataset, we causally identify the reform’s impact on the composition of new firms and their financing choices. Firmentry surged by 33%. Newfirms started with 31.6% lower assets but operated at similar scales as prior firms. While entrants’ average profitability remained the same, smaller entrants saw increased profitability post-reform, indicating entry by productive butwealth-constrained entrepreneurs. Consistent with a preference for debt over equity, new entrants displayed a 94% decline in equity and large increases in liabilities. This indicates that …

Tax As Curator: Tax Incentives And The Mediation Of Acquisition In Uk Museums, Julia Dalton

MA in Art Business Dissertations

Not provided

Laws, Looting, And Legitimate Trade: The Effectiveness Of The Icc At Prosecuting Cultural Heritage Crimes From An Art Market Perspective, Kassidy Houlihan

MA in Art Business Dissertations

This dissertation is a legal analysis of cultural heritage crime prosecution at the International Criminal Court aimed for art market practitioners. It seeks to evaluate whether the ICC could be an effective means of prosecuting cultural heritage crime in a way that positively effects the art market. It closely reads the Rome Statute to determine how the cultural heritage crimes of looting and intentional destruction of cultural property could be charged at the ICC. It then uses the case studies of Prosecutor v. Al Mahdi and Prosecutor v. Al Hassan, the only two cultural heritage cases at the ICC to …

‘Prov[Ing] What You Already Know’: The Overreliance On Medical Evidence In Adjudicating Ontario Disability Support Program Applications, Alison Imrie

Journal of Law and Social Policy

The Ontario Disability Support Program (ODSP) relies heavily on medical evidence when adjudicating applications. In doing so, it positions healthcare providers as the undisputed experts on applicants’ disabilities. This poses particular challenges for applicants with under-recognized or misunderstood medical conditions like Myalgic Encelphalomyelitis/Chronic Fatigue Syndrome (ME/CFS), who may struggle to obtain adequate medical care and thus adequate medical evidence for the purpose of ODSP applications. Through qualitative interviews with five individuals with ME/CFS who applied for ODSP, this paper illuminates the particular challenges faced by those with ME/CFS and other under-recognized disabilities in the ODSP application process. Drawing on literature …