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Articles 1861 - 1890 of 10234
Full-Text Articles in Entire DC Network
Predicting Cybersecurity Incidents Through Mandatory Disclosure Regulation, Aniket Kesari
Predicting Cybersecurity Incidents Through Mandatory Disclosure Regulation, Aniket Kesari
Faculty Scholarship
Cybersecurity risk is an increasingly common concern for organizations
that collect and maintain vast troves of data. In 2011, the United States
Securities and Exchange Commission (SEC) provided guidelines for how
publicly traded companies should convey these risks to potential investors. But
does this mandatory disclosure regime effectively serve this purpose in the
cybersecurity context? This Article uses machine learning and natural language
processing techniques to analyze firms’ mandatory risk disclosure statements,
predict which firms are at the greatest risk of suffering cybersecurity incidents,
and evaluate how well disclosure meets the goals of the broad regulatory
regime. More broadly, this …
Free-Ing Criminal Justice, I. Bennett Capers
Free-Ing Criminal Justice, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Lowering The Stakes Of The Employment Contract, Aditi Bagchi
Lowering The Stakes Of The Employment Contract, Aditi Bagchi
Faculty Scholarship
Every country has to make hard choices about the distribution of entitlements. But employers control the entitlements that individual Americans enjoy to a far greater extent than those in other rich democracies. In this Essay, I argue that, in the absence of the political consensus necessary to deliver state solutions to political questions, employers here are assigned an exaggerated role in employees’ lives. Government incentives for and directives to employers have become a strategy of political deflection. The effect has been to raise the stakes of employment well beyond the scope of those terms and conditions that relate to attracting …
The Law, Economics, And Governance Of Generation Covid-19 Long-Haul, Julia Puaschunder, Martin Gelter
The Law, Economics, And Governance Of Generation Covid-19 Long-Haul, Julia Puaschunder, Martin Gelter
Faculty Scholarship
The SARS-CoV-2 novel coronavirus is an external shock to all societies with lasting impacts that have changed individual, political, and corporate decisions profoundly. Increasing evidence reveals that an estimated 10-50% of those previously infected with COVID-19 face a longer-term or long-term health impact and/or chronic debilitation that in many cases comes and goes in waves. This phenomenon has already been referred to as a pandemic within the pandemic. The broad-based and long-term impact of COVID Long Haulers have also holds the potential to change our world and modern society, lasting through the following three outlined speculative trends: (1) The coronavirus …
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
Platform Realism, Informational Inequality, And Section 230 Reform, Olivier Sylvain
Platform Realism, Informational Inequality, And Section 230 Reform, Olivier Sylvain
Faculty Scholarship
Online companies bear few duties under law to tend to the discrimination that they facilitate or the disinformation that they deliver. Consumers and members of historically marginalized groups are accordingly the likeliest to be harmed. These companies should bear the same, if not more, responsibility to guard against such inequalities.
The Cambridge Handbook Of Corporate Law, Corporate Governance And Sustainability, Martin Gelter
The Cambridge Handbook Of Corporate Law, Corporate Governance And Sustainability, Martin Gelter
Faculty Scholarship
No abstract provided.
The Restatement Of The Law, Children And The Law: A Blueprint For Reforming The Child Welfare System, Clare Huntington
The Restatement Of The Law, Children And The Law: A Blueprint For Reforming The Child Welfare System, Clare Huntington
Faculty Scholarship
As part of the special issue on the foster care system, this essay challenges the assumption that all the children who are in foster care should be in foster care. The essay first describes the familiar—and still persuasive—argument that foster care does not serve the interests of most children and families. It then brings a new lens to bear on this argument by describing the work of the American Law Institute's Restatement of the Law, Children and the Law, which provides a blueprint for shrinking the child welfare system and promoting child well-being.
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Faculty Scholarship
No abstract provided.
The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's 'Specter Of Dictatorship: Judicial Enabling Of Presidential Power, Jed H. Shugerman
The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's 'Specter Of Dictatorship: Judicial Enabling Of Presidential Power, Jed H. Shugerman
Faculty Scholarship
No abstract provided.
Law And The Moral Dynamics Of Collective Action, Aditi Bagchi
Law And The Moral Dynamics Of Collective Action, Aditi Bagchi
Faculty Scholarship
Many moral demands on social groups cannot be met without cooperation among group members. In some cases, individual action does not advance the collective moral interest at all without some threshold level of cooperation by other group members. Is an individual required to act as if others will cooperate even if she knows that they will not? This Article argues that individuals may take into account the reality of pervasive noncooperation and decline to attempt cooperation. Only ex ante mandatory rules can solve moral collective action problems. In a political community, those rules are public law. The most compelling argument …
Framing Vaccine Mandates: Messenger And Message Effects, Christopher Buccafusco, Daniel J. Hamel
Framing Vaccine Mandates: Messenger And Message Effects, Christopher Buccafusco, Daniel J. Hamel
Faculty Scholarship
In September 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) would require large employers to ensure workers are vaccinated against Covid-19 or tested weekly. Although widely characterized as “Biden’s vaccine mandate,” the policy could be described with equal accuracy as “OSHA’s testing mandate.” Some commentators speculated that reframing the policy as a testing mandate would boost support. This study investigates how framing effects shape attitudes toward vaccination policies. Before the Supreme Court struck down the vaccinate-or-test rule, we presented 1500 U.S. adults with different descriptions of the same requirement. Reframing “Biden’s vaccine mandate” as “OSHA’s testing …
Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen
Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen
Faculty Scholarship
Local jails in the United States incarcerate millions of people each year. The COVID-19 pandemic made jail health a pressing public health concern nationally, where releasing individuals from jails occurred across the country in order to prevent pandemic spread. But releases also faced substantial resistance and exposed long-standing challenges in delivering adequate healthcare in jail settings. People in jail have substantially higher levels of medical need than individuals in the general population, with large numbers having serious mental illnesses and substance use disorders. Further, overcrowded conditions and poor healthcare standards and delivery make jails harmful to those already-vulnerable people. What …
Cleaning Up Our Own Houses: Creating Anti-Racist Clinical Programs, Anne D. Gordon
Cleaning Up Our Own Houses: Creating Anti-Racist Clinical Programs, Anne D. Gordon
Faculty Scholarship
A formidable body of research and scholarship describes the unique difficulties faced by various minoritized groups within our law schools. Women, people of color, those with disabilities, LGBTQ+ people, and all those outside, overlapping, or in-between have powerfully described how their turn through legal academia was marked by discrimination, disconnection, and isolation. Law school has been described as a “white space,” and can also be viewed through the lens of white supremacy: a way to uphold and perpetuate a system of racial hierarchy. Clinics have largely been spared from these critiques and are often held up as solutions to the …
A Framework For Inland Cities To Prevent Marine Debris: A Case Study From Durham, North Carolina, Nancy Lauer, Michelle B. Nowlin
A Framework For Inland Cities To Prevent Marine Debris: A Case Study From Durham, North Carolina, Nancy Lauer, Michelle B. Nowlin
Faculty Scholarship
Land-based sources of litter are increasingly recognized as significant contributors to marine debris, and rivers can carry debris to the coast from far-inland sources. In this paper, we demonstrate the important role inland cities can play in the marine debris crisis by reducing their own marine debris contributions. Given this role, we provide a framework for inland cities to prevent plastic pollution along with the lessons learned from introducing these strategies in Durham, North Carolina, a mid-sized, inland city that drains to the ocean through the Cape Fear and Neuse River watersheds. This framework guides city officials, resource managers, and …
Lawmaking Without Law: How Overreliance On Economics Fails Financial Regulation (And What To Do About It), Steven L. Schwarcz, Theodore L. Leonhardt
Lawmaking Without Law: How Overreliance On Economics Fails Financial Regulation (And What To Do About It), Steven L. Schwarcz, Theodore L. Leonhardt
Faculty Scholarship
This Article examines a fundamental failure of process in lawmaking: the overreliance of lawmakers on economists and economic scholarship when designing and implementing financial regulation, to the virtual exclusion of lawyers and legal scholarship. This overreliance leads to regulation that often is based on theoretical models and assumptions that are poorly informed by experience and may not withstand real-world testing. The Article examines how to improve financial regulation by better integrating legal scholarship and lawyerly insights into the lawmaking process. Among other things, that will require law professors to gain the attention, and earn the respect, of lawmakers by writing …
Conservatorship Of Valerie N., 707 P.2d 760 (Cal. 1985), Doriane Lambelet Coleman
Conservatorship Of Valerie N., 707 P.2d 760 (Cal. 1985), Doriane Lambelet Coleman
Faculty Scholarship
Conservatorship of Valerie N. is the next case in this volume. The original 1985 opinion from the California Supreme Court concerned an “adult developmentally disabled daughter,” whose parents wished to have her surgically sterilized because she was (according to the parents) sexually aggressive towards men. Although the original opinion held that the California law did not authorize the sterilization of Valerie the case is nonetheless ripe for a feminist rewrite. Professor Doriane Lambelet Coleman’s feminist judgment demonstrates how feminism requires attention not only to women’s issues in general but also to the woman herself, and not only to childbearing (or …
Standing, Equity, And Injury In Fact, Ernest A. Young
Standing, Equity, And Injury In Fact, Ernest A. Young
Faculty Scholarship
This contribution to the Notre Dame Law Review's annual Federal Courts symposium on "The Nature of the Federal Equity Power" asks what the traditions of equity can tell us about Article III standing. I take as my point of departure the observation by Professors Sam Bray and Paul Miller, in their contribution to the symposium, that equity does not have causes of action as such--or at least not in the same way as actions at law. This is potentially important for standing, as many academic critiques of the Supreme Court's standing jurisprudence have argued that standing should turn on whether …
Citizenship Disparities, Emily Ryo, Reed Humphrey
Citizenship Disparities, Emily Ryo, Reed Humphrey
Faculty Scholarship
No abstract provided.
“Second-Class" Rhetoric, Ideology, And Doctrinal Change, Eric Ruben, Joseph Blocher
“Second-Class" Rhetoric, Ideology, And Doctrinal Change, Eric Ruben, Joseph Blocher
Faculty Scholarship
A common refrain in current constitutional discourse is that lawmakers and judges are systematically disfavoring certain rights. This allegation has been made about the rights to free speech and free exercise of religion, but it is most prominent in debates about the right to keep and bear arms. Such “second-class” treatment, the argument goes, signals that the Supreme Court must intervene aggressively to police the disrespected rights. Past empirical work casts doubt on the descriptive claim that judges and policymakers are disrespecting the Second Amendment, but that simply highlights how little we know about how the second-class argument functions as …
Remedying Trait-Based Employment Discrimination: Lessons From The Crown Act, Tolulope Odunsi-Nelson
Remedying Trait-Based Employment Discrimination: Lessons From The Crown Act, Tolulope Odunsi-Nelson
Faculty Scholarship
Trait discrimination is bias against people who possess traits and characteristics that are culturally, commonly, or historically associated with a particular race. Discrimination against Black people with "natural hairstyles" and anti-Black colorism are two forms of trait discrimination that stem from employers' preferences for white aesthetics. The CROWN Act is a law that expands the definition of race in discrimination laws to include an individual's hair texture or hairstyle, if that hair texture or hairstyle is commonly and/or historically associated with a particular race or national origin. The need for the CROWN Act stems from the systemic failure of United …
Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor
Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor
Faculty Scholarship
Recent reforms discourage schools from referring students to criminal law enforcement for typical disciplinary infractions. Though rightly celebrated, these reforms remain mere half-measures, as they emphasize prospective decriminalization of student conduct without grappling with the harm to generations of former students – disproportionately Black – who have been targeted by criminalizing policies of the past. Through the lens of reparations theory, this Article sets out the case for retroactive and reparations-based redress for the criminalization of students. Reparations models reposition moral norms. They acknowledge state harm, clarify the losses to criminalized students, allow for expansive forms of redress, and cast …
An Attack On Local Authority, Richard Briffault, Kim Haddow
An Attack On Local Authority, Richard Briffault, Kim Haddow
Faculty Scholarship
In the 2021 legislative sessions, Republican state lawmakers introduced a glut of preemption bills aimed at giving states more power over the administration of local government operations, signifying a new, deeper level of state interference into the inner workings of cities and counties. . . . Entering the 2021 legislative sessions, Republican state lawmakers used their power to respond to the events of 2020 – the pandemic, the racial justice movement, the presidential election, and what they perceived to be local government overreach (Brownstein 2021) – by introducing a surge of preemption bills aimed at appropriating the machinery of local …
Transparency Deserts, Christina Koningisor
Transparency Deserts, Christina Koningisor
Faculty Scholarship
Few contest the importance of a robust transparency regime in a democratic system of government. In the United States, the “crown jewel” of this regime is the Freedom of Information Act (FOIA). Yet despite widespread agreement about the importance of transparency in government, few are satisfied with FOIA. Since its enactment, the statute has engendered criticism from transparency advocates and critics alike for insufficiently serving the needs of both the public and the government. Legal scholars have widely documented these flaws in the federal public records law. In contrast, scholars have paid comparatively little attention to transparency laws at the …
The Negotiable Implementation Of Environmental Law, Dave Owen
The Negotiable Implementation Of Environmental Law, Dave Owen
Faculty Scholarship
tional wisdom describes environmental law as a field filled with rigid mandates. ith that rigidity as a key premise, and they allege that inflexibility is a central failing or, alternatively, a squandered virtue. Influential reform proposals follow from both allegations. This Article demonstrates that these premises are often mistaken. Based on literature reviews and interviews with environmental-law practitioners, it shows that flexibility pervades environmental law, and regulators, regulated entities, and other interest groups routinely use negotiations to navigate that flexibility. Indeed, negotiation is so central to the field that one cannot understand environmental law, either in theory or practice, without …
Faithful Execution In The Fifty States, Zachary Price
Faithful Execution In The Fifty States, Zachary Price
Faculty Scholarship
Amid heightened political conflict over criminal-justice policy, norms surrounding prosecutorial discretion have shifted rapidly. Under the prior mainstream approach, prosecutors exercised broad charging discretion, but generally did so tacitly and in case-by-case fashion out of deference to statutory law’s primacy. Under an emerging alternative approach, associated for the moment with progressive politics, prosecutors categorically and transparently suspend enforcement of laws they consider unjust or unwise. The federal government under President Obama employed this theory in high-profile policies relating to marijuana crimes, as well as immigration and the Affordable Care Act. More recently, a number of self-described “progressive prosecutors” have employed …
Is Everything Securities Fraud?, Emily Strauss
Is Everything Securities Fraud?, Emily Strauss
Faculty Scholarship
“An odd fact of the U.S. legal system for public companies is that every crime is also securities fraud: If a company does a bad thing, and regulators find out about it, then the bad-thing regulators can punish it for doing the bad thing, but the securities regulators can also punish it for not disclosing the bad thing to shareholders. . . . It is a strange combination: Generally speaking the companies do the bad things on behalf of shareholders—to make more money for them—but then the securities regulators come in and fine them for defrauding shareholders.” -Matt Levine1 Securities …
In Search Of The Public Interest, Jodi L. Short
In Search Of The Public Interest, Jodi L. Short
Faculty Scholarship
“Public interest” standards in statutory delegations to agencies represent the greatest hopes and the darkest fears of the U.S. administrative state. On the one hand, the public interest standard provides a vessel for agencies to infuse policymaking with the moral and ethical commitments of the community. On the other hand, regulation in the public interest opens the door to the arbitrary exercise of tyrannical state power. Despite the lofty aspirations and ominous warnings about regulation in the public interest, little is known about how agencies actually decide what is in the public interest when charged by statute to do so. …
"Easing Out" The Fcpa Facilitation Payment Exception, Emily Strauss
"Easing Out" The Fcpa Facilitation Payment Exception, Emily Strauss
Faculty Scholarship
No abstract provided.
Standing For Rivers, Mountains - And Trees - In The Anthropocene, David Takacs
Standing For Rivers, Mountains - And Trees - In The Anthropocene, David Takacs
Faculty Scholarship
In his well-known article, Should Trees Have Standing?—Toward Legal Rights for Natural Objects, Professor Christopher Stone proposed that courts grant nonhuman entities standing as plaintiffs so their interests may directly represented in court. In this Article, I review Stone’s ideas about standing and our relationship with the natural environment and describe the current, burgeoning, widespread trend toward granting not just standing, but legal rights and legal personhood to rivers, mountains, and other natural entities. I analyze the ways in which courts and legislatures in New Zealand, Australia, Colombia, and elsewhere are addressing concerns similar to Stone’s with expansive, even radical …