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Articles 1591 - 1620 of 10652
Full-Text Articles in Entire DC Network
Sexual Harassment In A University Setting: Searching For Justice And Compassion In An Unjust And Indifferent World, Marie Failinger
Sexual Harassment In A University Setting: Searching For Justice And Compassion In An Unjust And Indifferent World, Marie Failinger
Faculty Scholarship
The article deals with the question concerning legal responses to sexual harassment – whether those responses should be relentless in punishing and stigmatizing perpetrators and banishing them from positions where they can offend further, or whether there should be room for rehabilitating or even forgiving at least those offenders whose abusive behavior is not violent or serial. On the one hand, the importance of achieving justice and equality for women is critical. On the other hand, one may recognize the possibility of repentance and restoration of both victim and offender to society. The modern restorative justice movement, informed by Christian …
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Faculty Scholarship
No abstract provided.
Prosecuting Foreign States, Chimene Keitner
Prosecuting Foreign States, Chimene Keitner
Faculty Scholarship
In recent years, the Department of Justice has shown increased interest in prosecuting entities associated with foreign states for activities including cybercrime, economic espionage, and sanctions violations. It has also sought third-party evidence from foreign state-owned entities in connection with high-profile criminal investigations, including the Mueller investigation. These actions raise fundamental questions about the immunities of foreign states and state-owned entities from U.S. criminal proceedings. This Article provides the first comprehensive analysis of—and answer to—these basic questions. In doing so, it upends the widespread but misleading perception that the Foreign Sovereign Immunities Act of 1976 (FSIA) provides the sole basis …
We Are The River, David Takacs
We Are The River, David Takacs
Faculty Scholarship
The New Zealand Parliament has recently granted the Whanganui River and the Te Urewera mountain ecosystem rights as legal persons, with a Māori governing board to speak for the nonhuman entities, based upon traditional cultural precepts. Far from an isolated precedent, in what the U.N. Secretary General calls “the fastest growing legal movement of the twenty-first century,” legislatures, courts, or voters in Australia, Colombia, Ecuador, Bangladesh, India, Uganda, and the U.S. have also declared that rivers and other living systems have legal rights. This Article chronicles the movement to grant nonhuman entities legal rights. I analyze the statutes and judicial …
Virtual Reality: Prospective Catalyst For Restorative Justice, Kate Bloch
Virtual Reality: Prospective Catalyst For Restorative Justice, Kate Bloch
Faculty Scholarship
A 2018 U.S. Department of Justice report assessing data from thirty states found that eighty-three percent of those individuals released from state prisons in 2005 were rearrested within nine years.** When a revolving door ushers five of six individuals back into custody and decimates communities, more effective approaches to criminal justice demand attention. In countries around the world, restorative justice has been emerging as a promising candidate. It generally involves an interactive process in which stakeholders identify and grapple with harms caused by the crime. But many environments lack the resources to invoke its benefits. While restorative justice takes various …
A Legend In His Own Time, And A Fixer For Mass Tort Litigation, Richard L. Marcus
A Legend In His Own Time, And A Fixer For Mass Tort Litigation, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Physicians Treating Alzheimer’S Disease Patients Should Be Aware That Televised Direct-To-Consumer Advertising Links More Strongly To Drug Utilization In Older Patients, Robin C. Feldman
Faculty Scholarship
Background: US direct-to-consumer advertising spending for medicine has soared in recent decades. Advertising has been shown to impact drug utilization. Most Alzheimer’s disease patients are above age 65 and may take a range of prescription medications for various disease states. Objective: To investigate how direct-to-consumer advertising is associated with the drug utilization of patients ≥ 65 years old. Methods: Using advertising expenditure data and Medicare Part D drug purchase claims, we performed regression analyses for each of the highest-spending drugs and age group, with cumulative monthly spending as the predictor variable and drug utilization as the response variable. For each …
Texas V. Pennsylvania And The Political-Question Doctrine, Scott Dodson
Texas V. Pennsylvania And The Political-Question Doctrine, Scott Dodson
Faculty Scholarship
In the wake of the 2020 presidential election, Texas sued four other states in an original action in the U.S. Supreme Court arguing that those states violated, among other constitutional provisions, the Electors Clause. One issue the Supreme Court did not reach in the case—and has never reached before—was the impact of the political-question doctrine on claims under the Electors Clause. This short essay takes up that issue. Analyzing the applicability of the political-question doctrine to the Electors Clause, I conclude that the political-question doctrine operates as only a narrow constraint on Electors Clause claims. Applying those principles, I conclude …
The Chinese Advantage In Emergency Law, Ugo Mattei, Guanghua Liu, Emanuele Ariano
The Chinese Advantage In Emergency Law, Ugo Mattei, Guanghua Liu, Emanuele Ariano
Faculty Scholarship
This Article has a twofold purpose. On the one hand, it offers comparative materials for an informed discussion of COVID-determined emergency law in China and Italy by assessing its normative implications and political genealogy. On the other hand, it explores the essential contiguity between the ‘state of exception’ triggered by the pandemic and the possible geopolitical shifts in global legal hegemony in the actual phase of surveillance capitalism which is witnessing a decline of law as a form of social organization and its replacement by the predictive models elaborated by technology. In this respect, the traditional Western iconography has long …
Bad Role Models? American Influence On Israeli Criminal Justice Policy, Hadar Aviram
Bad Role Models? American Influence On Israeli Criminal Justice Policy, Hadar Aviram
Faculty Scholarship
In this Article I rely on the public policy concept of "policy transfer" to examine the impact of U.S. legislation, litigation, and politics on the Israeli criminal justice landscape. The Article identifies four eras: 1. The Great Light from the West - the ascent of U.S. criminal justice as British influence fades; 2. The Decade of Rights - a misperception of America as a paragon of criminal justice rights and protections that results in influences on Israeli jurisprudence; 3. The Law-and-Order Enchantment Period - a time at which Israeli scholars and policymakers import punitive trends from the U.S., particularly in …
Differential Etiology: Inferring Specific Causation In The Law From Group Data In Science, Joseph Sanders, David L. Faigman, Peter B. Imrey, Philip Dawid
Differential Etiology: Inferring Specific Causation In The Law From Group Data In Science, Joseph Sanders, David L. Faigman, Peter B. Imrey, Philip Dawid
Faculty Scholarship
In every toxic-tort case, the plaintiff must prove that the defendant exposed the plaintiff to something that caused an injury. The causal proof is in two parts: proof of general causation and proof of specific causation. General causation addresses the question of whether the exposure can cause injury in anyone. In the area of toxic torts, the evidence available to answer this question comes in the form of groupbasedstudies in the fields of toxicology, epidemiology, and genetics—studies that search for the effects of causes. Proof of general causation, however, is not enough. Because court cases focus on the individual, the …
A Roadmap For Foreign Official Immunity Cases In Us Courts, William S. Dodge, Chimene I. Keitner
A Roadmap For Foreign Official Immunity Cases In Us Courts, William S. Dodge, Chimene I. Keitner
Faculty Scholarship
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of foreign officials. Since Samantar, dozens of decisions have addressed questions of foreign official immunity. Yet, U.S. courts often seem lost. They frequently fail to engage with the customary international law rules of foreign official immunity, instead reaching back to an outdated provision of the 1965 Restatement (Second) of Foreign Relations Law. Courts are divided on how much deference to give the executive …
Making Immigration Law Respond To The Needs Of Building U.S. Leadership In Artificial Intelligence, Richad A. Boswell, Aditya Mohan
Making Immigration Law Respond To The Needs Of Building U.S. Leadership In Artificial Intelligence, Richad A. Boswell, Aditya Mohan
Faculty Scholarship
No abstract provided.
Us State-Level Legal Interventions Related To Covid-19 Vaccine Mandates, Breanna Fernandes, Mark Christopher Navin, Dorit Rubinstein Reiss, Saad B. Omer, Katie Attwell
Us State-Level Legal Interventions Related To Covid-19 Vaccine Mandates, Breanna Fernandes, Mark Christopher Navin, Dorit Rubinstein Reiss, Saad B. Omer, Katie Attwell
Faculty Scholarship
No abstract provided.
School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser
School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser
Faculty Scholarship
Out of the twin pandemics currently gripping the United States—deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID- 19—an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil rights, racial justice, and Black Lives Matter have simultaneously intensified. Yet each remains siloed, despite the natural connection and implicit overlap between these separate movements and debates. Indeed, there are documented negative health effects of school policing for Black, Indigenous, people of color (BIPOC) youth. But these …
Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde
Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde
Faculty Scholarship
The opportunity to use restorative justice practices to address structural inequalities and reimagine school structures has become increasingly important in the wake of twin social and public health pandemics. As research-based restorative practices continue to grow across the country with the aim of fostering supportive, safe, and anti-racist learning environments, calls to codify school-based restorative justice are spreading. Despite the prevalence of on-the-ground practices since the 1990s and a growing evidence base for school-based restorative practices, there is little understanding of the effect of the legalization of restorative justice on individual- or school-level outcomes. This study is the first analysis …
Public Health Surveillance In The Context Of Covid-19, Jennifer D. Oliva
Public Health Surveillance In The Context Of Covid-19, Jennifer D. Oliva
Faculty Scholarship
No abstract provided.
Retheorizing Progressive Taxation, Manoj Viswanathan
Retheorizing Progressive Taxation, Manoj Viswanathan
Faculty Scholarship
Progressively taxing consumption has much normative appeal, but pre vious legal scholarship has incorrectly assumed that directly accounting for the expenditures of individual taxpayers is administratively infeasible. Changes in consumer spending and advances in technology require revisiting this assumption. This article proposes a novel framework through which an individual accounting progressive consumption tax (IAPCT) can be imple mented and establishes the IAPCT's superiority to previously proposed forms of progressive consumption taxation. IAPCT advantages include a significant reduction in tax filing costs, improved enforcement, and the immediate de ployment of place-based tax policy.
Finding Original Public Meaning, James Macleod
Finding Original Public Meaning, James Macleod
Faculty Scholarship
No abstract provided.
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam S. Chilton, Nuno Garoupa
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam S. Chilton, Nuno Garoupa
Faculty Scholarship
There is a large body of research in economics and law suggesting that the legal origin of a country – that is, whether its legal regime is based on English common law or French, German, or Nordic civil law – profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country data sets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly …
An Efficiency Analysis Of Defensive Tactics, Ronald J. Gilson, Alan Schwartz
An Efficiency Analysis Of Defensive Tactics, Ronald J. Gilson, Alan Schwartz
Faculty Scholarship
For thirty five years, courts and scholars have divided over the effects of defensive tactics in the market for corporate control. Strong defensive tactics locate authority to accept a hostile bid in the target’s board. The board can bargain for a higher takeover price than uncoordinated shareholders could realize but high takeover prices may reduce shareholder returns by reducing the likelihood of receiving a bid. The Delaware Courts themselves disagree. The Delaware Chancery Court would locate ultimate decision authority in the target’s shareholders, while the Supreme Court, by permitting strong defensive tactics, allocates extensive power to the target’s board. Though …
Looking Back With A Legend: Ira Millstein Reflects On The Impact Of Milton Friedman's Views On Corporate Governance, Eric L. Talley, Ira M. Millstein, Leo E. Strine Jr.
Looking Back With A Legend: Ira Millstein Reflects On The Impact Of Milton Friedman's Views On Corporate Governance, Eric L. Talley, Ira M. Millstein, Leo E. Strine Jr.
Faculty Scholarship
In this discussion, corporate governance legend and frequent The Business Lawyer contributor Ira M. Millstein reflects on the impact of Milton Friedman and his adherents on our corporate governance system and economy generally, as well as the path forward to an economy that functions better for the many. Millstein takes an historical perspective in conversation with former Chief Justice and Chancellor of Delaware, Leo E. Strine, Jr., moderated by Professor Eric Talley of Columbia Law School. Millstein situates the evolution of our corporate governance system, including the effect of Friedman and the Chicago school on it, within the political dynamics …
Authoring The Law, Shyamkrishna Balganesh
Authoring The Law, Shyamkrishna Balganesh
Faculty Scholarship
Copyright law denies protection to legal texts through a rule known as the “government edicts doctrine”. Entirely a creation of nineteenth century courts, the government edicts doctrine treats expression produced by lawmakers in the exercise of their lawmaking function as altogether uncopyrightable. Despite having been in existence for over a century, the doctrine remains shrouded in significant mystery and complexity. Lacking statutory recognition, the doctrine has come to be seen as driven by open-ended considerations of “public policy” that draw on the overarching importance of public access to laws. In its decision in Georgia v. Public.Resource.Org., Inc., the Supreme …
The Practice And Pedagogy Of Carceral Abolition In A Criminal Defense Clinic, Nicole Smith Futrell
The Practice And Pedagogy Of Carceral Abolition In A Criminal Defense Clinic, Nicole Smith Futrell
Faculty Scholarship
Current social and racial justice movements have helped to advance deeper interest in the long-standing work of carceral abolitionists. Abolitionists understand that the criminal legal process ineffectively uses state-sanctioned violence, surveillance, punishment, and exclusion to address, and counterproductively perpetuate, the underlying problems that produce violence and harmful behavior in our communities. Abolition focuses on dismantling our current carceral systems and finding completely new, restorative, and collaborative ways of addressing harmful social behaviors. While abolitionist thought has long existed in organizing and non-legal academic spaces, law students and legal scholars are increasingly considering how a carceral abolitionist perspective can inform legal …
The Classic Arguments For Free Speech 1644-1927, Vincent A. Blasi
The Classic Arguments For Free Speech 1644-1927, Vincent A. Blasi
Faculty Scholarship
This chapter examines the classic arguments for freedom of speech. It traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica, a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to …
How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal
How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal
Faculty Scholarship
We live in an era of intersecting crises-some new, some old but newly visible. At the time of writing, the COVID-19 pandemic has already caused nearly 500,000 deaths in the United States alone, with many more deaths on the horizon in the coming months. Since its arrival in the United States, the virus has intersected with and magnified long-neglected problems-radical disparities in access to healthcare and the fulfillment of basic needs that disproportionately impact communities of color and working-class Americans, alongside a crisis of care for the young, elderly, and sick that stretches families and communities to the breaking point
Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt
Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt
Faculty Scholarship
Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of …
Should Human Rights Practice Be Rights-Based?, Sarah Knuckey, Margaret Satterthwaite
Should Human Rights Practice Be Rights-Based?, Sarah Knuckey, Margaret Satterthwaite
Faculty Scholarship
Human rights scholars and organizations often call on governments to adopt ‘human rights-based approaches’ (HRBAs) to many policy areas, from climate change to health policy. HRBAs identify rights and obligations, and advance the principles of participation, accountability, equality, and non-discrimination. This chapter argues that HRBAs have been exported to many fields without ever being sufficiently integrated within human rights advocacy. We find that NGOs often fail to adhere to foundational human rights principles in their own work, reproducing unjust power hierarchies, objectifying victims, and disempowering rights-holders. Were HRBAs adopted by more human rights organizations, the face of human rights advocacy …
The Future Of International Commercial Arbitration, George A. Bermann
The Future Of International Commercial Arbitration, George A. Bermann
Faculty Scholarship
Although international commercial arbitration is not subject to as much criticism as investor-State arbitration, it is nonetheless facing challenges going forward. These challenges are several, and only some can be addressed in this chapter. Some relate to concerns that have been with international arbitration for a long time. These include costs, delay and excessive formality, as well as arbitrator neutrality. Others – arbitration ethics, diversity, and transparency – are not new, but are taking on greater urgency. Still others simply represent new developments more or less extrinsic to international arbitration but with which international arbitration must cope. Among these changes …
Classical Liberal Property And The Question Of Institutional Choice, Thomas W. Merrill
Classical Liberal Property And The Question Of Institutional Choice, Thomas W. Merrill
Faculty Scholarship
Richard Epstein’s property scholarship tracks his classical liberal theory of government. The classical liberal would permit state intervention to overcome collective-action problems but not to engage in redistribution of wealth. With respect to private law, Epstein harbors no clear preference for either the legislature or the courts as a source of limits on owners’ autonomy to overcome collective-action problems. With regard to public law, in contrast, Epstein would elevate the courts to a superior status relative to legislatures and would have courts enforce the classical liberal ideal as a matter of constitutional law. This article questions whether giving such power …