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All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum

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The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …

Redistributing Justice, Benjamin Levin, Kate Levine

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This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite progressives’ increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas— often areas in which defendants are imagined as powerful and victims as particularly vulnerable.

In this Essay, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system …

Subjective Beliefs About Contract Enforceability, J. J. Prescott, Evan Starr

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This article assesses the content, role, and adaptability of subjective beliefs about contract enforceability in the context of postemployment covenants not to compete (noncompetes). We demonstrate that employees tend to believe that even clearly unenforceable noncompetes are enforceable, including their own. We provide evidence for both supply- and demand-side stories that explain employees’ persistently inaccurate beliefs. Moreover, we show that believing that unenforceable noncompetes are enforceable likely causes employees to forgo better job opportunities and to perceive that their employer is more likely to sue them if they choose to compete. Finally, we use an information experiment to inform employees …

Back To The Future? Rishi Sunak's Industrial Strategy Save Related Papers Chat With Paper, Richard Woodward, James Silverwood

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Since becoming Prime Minister, Rishi Sunak has been variously described as pursuing a ‘furtive’, ‘surreptitious’ and ‘apologetic’ industrial strategy. Terms such as industrial policy and industrial strategy have been expunged from official speeches and policy documents, yet industrial intervention remains widespread. In adopting this approach, the article argues that Sunak has returned the UK to an industrial policy consensus established under Thatcherism. This consensus places in the foreground pro-market rhetoric and policies suggesting that industrial strategy should be limited to the correction of market failure, while in the background the state actively intervenes to shape the structure of the economy …

Why We Should Stop Talking About Violent Offenders: Storytelling And Decarceration, Mira Edmonds

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The movement to decarcerate risks foundering because of its failure to grapple with so-called violent offenders, who make up nearly half of U.S. prisoners. The treatment of people serving sentences for offenses categorized as violent is a primary reason for the continued problem of mass incarceration, despite widespread awareness of the phenomenon and significant bipartisan interest in its reduction. People convicted of “violent offenses” are serving historically anomalous and excessively long sentences, are generally denied clemency and compassionate release, and are excluded from a wide array of legal reform and policy changes with decarceral aims. Keeping these people in prison …

Should Racially Vulnerable Victims Show Mercy?, Ekow N. Yankah

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On June 17, 2015, twenty-one-year-old Dylann Roof entered the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, sat, and prayed with nine congregants for at least an hour before pulling out a handgun and killing Cynthia Hurd, Susan Jackson, Ethel Lance, DePayne Middleton-Doctor, State Senator Rev. Clementa Pinckney, Tywanza Sanders, Rev. Daniel Simmons, Sharonda Singleton, and Myra Thompson.' He left three survivors, explicitly so they could "tell the story" of his killings. Roof did so for his own demented reasons; his racist rage was laid out publicly in an online manifesto, and he hoped his murders would begin a …

Littlejohn’S Unjust Tax Sentence, Reuven S. Avi-Yonah

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On May 1 Charles Littlejohn began serving a five-year prison sentence for unauthorized disclosure of tax information. His crime is described by the Department of Justice as follows: According to court documents, Charles Littlejohn, 38, of Washington, D.C., while working at the IRS as a government contractor, stole tax return information associated with a high-ranking government official (Public Official A). Littlejohn accessed tax returns associated with Public Official A (and related individuals and entities) on an IRS database after using broad search parameters designed to conceal the true purpose of his queries. He then uploaded the tax returns to a …

Medical-Legal Partnerships Reinvigorate Systems Lawyering Using An Upstream Approach, Kate L. Mitchell, Debra Chopp

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The upstream framework presented in public health and medicine considers health problems from a preventive perspective, seeking to understand and address the root causes of poor health. Medical-legal partnerships (MLPs) have demonstrated the value of this upstream framework in the practice of law and engage in upstream lawyering by utilizing systemic advocacy to address root causes of injustices and health inequities. This article explores upstreaming and its use by MLPs in reframing legal practice.

Gpt Assisted Annotation Of Rhetorical And Linguistic Features For Interpretable Propaganda Technique Detection In News Text., Kyle Hamilton, Bojan Bozic, Luca Longo

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While the use of machine learning for the detection of propaganda techniques in text has garnered considerable attention, most approaches focus on "black-box'' solutions with opaque inner workings. Interpretable approaches provide a solution, however, they depend on careful feature engineering and costly expert annotated data. Additionally, language features specific to propagandistic text are generally the focus of rhetoricians or linguists, and there is no data set labeled with such features suitable for machine learning. This study codifies 22 rhetorical and linguistic features identified in literature related to the language of persuasion for the purpose of annotating an existing data set …

Generative Interpretation, Yonathan A. Arbel, David A. Hoffman

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We introduce generative interpretation, a new approach to estimating contractual meaning using large language models. As AI triumphalism is the order of the day, we proceed by way of grounded case studies, each illustrating the capabilities of these novel tools in distinct ways. Taking well-known contracts opinions, and sourcing the actual agreements that they adjudicated, we show that AI models can help factfinders ascertain ordinary meaning in context, quantify ambiguity, and fill gaps in parties' agreements. We also illustrate how models can calculate the probative value of individual pieces of extrinsic evidence.

After offering best practices for the use of …

Generative Interpretation, Yonathan Arbel, David A. Hoffman

Articles

We introduce generative interpretation, a new approach to estimating contractual meaning using large language models. As AI triumphalism is the order of the day, we proceed by way of grounded case studies, each illustrating the capabilities of these novel tools in distinct ways. Taking well-known contracts opinions, and sourcing the actual agreements that they adjudicated, we show that AI models can help factfinders ascertain ordinary meaning in context, quantify ambiguity, and fill gaps in parties' agreements. We also illustrate how models can calculate the probative value of individual pieces of extrinsic evidence.

After offering best practices for the use of …

Reynolds Revisited: The Original Meaning Of Reynolds V. United States And Free Exercise After Fulton, Clark B. Lombardi

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This Article calls for a profound reevaluation of the stories that are being told today about the Supreme Court’s free exercise jurisprudence starting with the Court’s seminal 1879 decision in Reynolds v. United States and proceeding up to the present day. Scholars and judges today agree that the Supreme Court in Reynolds interpreted the Free Exercise Clause of the First Amendment to protect only religious belief and not religiously motivated action. All casebooks today embrace this interpretation of the case, and the Supreme Court has regularly endorsed it over the past twenty years, most recently in 2022. However, this Article …

Rethinking Taxing Excess Profits, Reuven S. Avi-Yonah, Tamir Shanan

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This article discusses the application of excess profit taxes (EPTs, also referred to as windfall taxes) that have gained renewed interest and popularity over the past several years. The revival of these windfall taxes gained renewed interest following the COVID-19 outbreak, which led to a sharp price increase in corporate revenues of medical equipment and within pharmaceutical industries. However, the revival of such taxes was also used following the recent rise in energy prices mainly in Europe, leading to a sharp increase in corporate revenues of energy corporations and the recent surge in borrowing interest rates that was not accompanied …

Arsenic Contamination Needs Serious Attention: An Opinion And Global Scenario, Abhijnan Bhat School Of Food Science And Environmental Health, Kamna Ravi Health, Engineering & Materials Sciences (Hems) Hub, Furong Tian Nanolab Research Centre, Baljit Singh Micra Biodiagnostics Technology Gateway

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Arsenic (As) contamination is a serious global concern, polluting our natural resources, including water and soil, and posing a danger to the environment and public health. Arsenic is present in the groundwater of several countries and this contaminated water is used for irrigation, drinking, and food preparation, which poses the greatest threat to public health. Nearly 106 countries are affected by groundwater arsenic contamination and an estimated 230 million individuals worldwide are exposed to its adverse health effects, including increased cancer risks, associated cardiovascular disease and diabetes, skin lesions, neurological effects, kidney damage, and foetal or cognitive development-related complications. Arsenic …

Haunted: Writing Poems As A Shadowy Intellectual, Atreyee Majumder

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An academic and writer reflects on the circumstances and stimuli—in the form of poetry—that led her to find a voice that was as intimately her own as it was public.

We Don't Talk About Insurance (No, No, No!), Anthony J. Sebok

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Kenneth S. Abraham and Catherine M. Sharkey's The Glaring Gap in Tort Theory has a dramatic title. The article, which is about the unheralded and unappreciated role that liability insurance plays in tort, promises to make good on two claims-first, that the major (or a major) "missing piece" in modern tort scholarship is liability insurance, and second, once this missing piece is identified, it is impossible to ever see tort law the same way again.

Rule 11 Is No Match For Generative Al, Jessica Gunder

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In a series of high-profile ethics debacles, attorneys who used generative Al technology found themselves in hot water after they negligently relied on fictitious cases and false statements of law crafted by the technology. These attorneys mistakenly relied upon the output they received from a generative Al product without verifying and validating that output. Their embarrassing ethical breaches made national news, and spurred judges to implement standing orders that require attorneys to disclose their use of Al technology. Scholars were quick to criticize these standing orders' and the standing orders are rife with problems. But are they needed? Or are …

Bounded Entities And (Some Of) Their Discontents, Saurabh Vishnubhakat

Articles

In his new article An Organizational Theory of International Technology Transfer, Professor Peter Lee offers two richly detailed accounts at once. One is a novel theoretical framework of "bounded entities" that generalizes both from the classic theory of the firm and, of more recent vintage, from the knowledge-based theory of the firm to specify a broader notion of organizations that are bounded in the sense of robust internal integration through corporate or contractual means. In short, such entities are not firms but resemble them in consequential ways. The other account is a practical elaboration of bounded entities that are multinational …

Legislating Courts, Michael C. Pollack

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No abstract provided.

Rejoinder To Rural Transformations And Rural Crime Book Review Published In Rural Society (Vol. 32, Iss. 3), Matt Bowden, Alistair Harkness

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In his review, John Scott makes two key but misleading charges: first is an intimation that rural criminology is dominated by a clique of scholars; and second that the book by and large lacks ‘critical’ analysis to his liking. The reviewer provides a glimpse of a broad analysis of the field and adopts an independently minded position. Indeed, some observations and claims are made that should rightly be part of a wider debate in criminology broadly, about its relevance, impact and contribution to the social sciences: legitimate and important questions that ought to be addressed. However, a few errors in …

Federal Indian Law As Method, Matthew L. M. Fletcher

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Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.

The Insidious War Powers Status Quo, Rebecca Ingber

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This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

Arbitration's Unraveling, Myriam E. Gilles

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It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …

Chevron And Stare Decisis, Kent Barnett, Christopher J. Walker

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This Term, in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. U.S. Department of Commerce, the Supreme Court will expressly consider whether to overrule Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.—a bedrock precedent in administrative law that a reviewing court must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency administers. In our contribution to this Chevron on Trial Symposium, we argue that the Court should decline this invitation because the pull of statutory stare decisis is too strong to overcome.

The Self-Fitting Of Contact Lenses, Claire E. Mcdonnell

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In this article Claire Mc Donnell discusses the phenomenon of first time contact lens wearers fitting themselves with contact lenses without any input from an eyecare professional.

Taxing Fat Cats Abroad, Reuven S. Avi-Yonah

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On January 12 the IRS announced that it was able to collect $482 million from a new initiative focused on taxing millionaires: The IRS has ramped up efforts to pursue high-income, high-wealth individuals who have either not filed their taxes or failed to pay recognized tax debt, with dozens of revenue officers focused on these high-end collection cases. These efforts are concentrated among taxpayers with more than $1 million in income and more than $250,000 in recognized tax debt. In an initial success, the IRS collected $38 million from more than 175 high-income earners. The IRS last fall began contacting …

Sex-Dependent Effects Of Chronic Circadian Disruption In Aβpp/Ps1 Mice., Jesse Britz, Emmanuel Ojo, Nazmul Haque, Asmita Dhukhwa, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Chronic disruption of the circadian timing system, often reflected as a loss of restful sleep, also includes myriad other pathophysiological effects.

OBJECTIVE: The current study examined how chronic circadian disruption (CD) could contribute to pathology and rate of progression in the AβPP/PS1 mouse model of Alzheimer's disease (AD).

METHODS: A chronic CD was imposed until animals reached 6 or 12 months of age in AβPP/PS1 and C57BL/6J control mice. Home cage activity was monitored for a period of 3-4 weeks prior to the endpoint along with a single timepoint measure of glucose sensitivity. To assess long term effects of …

The Case Against Expensing R&E, Reuven S. Avi-Yonah

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On January 16 Senate Finance Committee Chair Ron Wyden, D-Ore., and House Ways and Means Committee Chair Jason Smith, R-Mo., introduced a bipartisan tax package that would revive the child tax credit and modify three provisions in the Tax Cuts and Jobs Act. Under the proposal, the 30 percent limit on interest deductions would be relaxed by including depreciation and amortization in calculating deductible interest, expensing of corporate investment would be extended, and expensing of research and experimentation would be restored in lieu of amortization.

Counterfeit Contact Lenses, Claire E. Mcdonnell

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This article covers how counterfeit cosmetic and corrective contact lenses potentially reach the end user and the dangers of counterfeit lenses.

Why Can't I Have A Robot Lawyer? Limits On The Right To Appear Pro Se, Jessica Gunder

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Some rights are more favored-and some rights are more disfavored than others. The right to self-representation is a disfavored right Despite its historic roots, the right has been subjected to judicially imposed limits that have reduced its scope. The limits on the right to self-representation include restrictions on the type of litigant that can avail themselves of the right, bars regarding the personal characteristics of litigants, barriers on the types of assistance a pro se litigant may receive, and procedural limitations on how a litigant may invoke the right. This Article is the first to study these established limitations on …