Digital Commons Network^™

Love's Labors Found, Nicholas Allard

Faculty Scholarship

No abstract provided.

Teaming Up To Learn In The Doctrinal Classroom, Jodi Balsam

Faculty Scholarship

No abstract provided.

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank Pasquale

Faculty Scholarship

No abstract provided.

Facebook's Alternative Facts, Sarah Haan

Faculty Scholarship

No abstract provided.

The Surprising Reach Of Fda Regulation Of Cannabis, Even After Descheduling, Sean O'Connor

Faculty Scholarship

No abstract provided.

Shareholders United?, Andrew K. Jennings

Faculty Scholarship

No abstract provided.

Harm, Sex, And Consequences, I. India Thusi

Faculty Scholarship

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that "distributive consequentialism, " which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified ft focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or "desert, which are often infected by the judgers' own implicit biases. Distributive …

It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman

Faculty Scholarship

Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to be disabled than the general elder population. Moreover, transgender elders profoundly fear a future when they must rely on others to maintain and protect their gender identity and dignity. This fear is alarmingly realistic because if a transgender elder becomes incapacitated or requires institutional care, they are likely to face discrimination and other harms by their caretakers. In addition, transgender elders who are incapacitated are particularly at-risk if a non-affirming guardian is …

Evaluating Judicial Standards Of Conduct In The Current Political And Social Climate: The Need To Strengthen Impropriety Standards And Removal Remedies To Include Procedural Justice And Community Harm, Joshua E. Kastenberg

Faculty Scholarship

Chief Justice Warren Burger warned that when “people who have long been exploited . . . come to believe that courts cannot vindicate their legal rights from fraud,” an “incalculable damage [is done] to society.”

Part I of this Article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences. Included in this section is an analysis of the interrelationship between implicit bias and impropriety, as well as on community harm and procedural justice.

Part II provides both a historical and contemporary analysis of “populism,” including the …

Legal Rights, Real-World Consequences: The Ethics Of Know Your Rights Efforts And Towards Improved Community Legal Education, Brandi Lupo

Faculty Scholarship

No abstract provided.

Remarks: Presidential Succession And Impeachment: Historical Precedents, From Indiana And Beyond, John D. Feerick

Faculty Scholarship

No abstract provided.

Promoting Inclusive Social Dynamics In Mixed-Income Communities: Implications For Action, Mark L. Joseph

Faculty Scholarship

Drawing from the other documents in our inquiry on inclusive social dynamics—a conceptual framework and a report on promising practices—this document proposes implications for action by practitioners, policymakers, funders, researchers, residents and community members.

The Space In A Life Beyond Skill, Jeremy Bendik-Keymer

Faculty Scholarship

No abstract provided.

Depressive Symptoms In Older Versus Younger People With Epilepsy: Findings From An Integrated Epilepsy Self-Management Clinical Research Dataset, Zaira Khalid, Hasina Momotaz, Farren Briggs, Kristin A. Cassidy, Betsy K. Wilson, Martha Sajatovic

Faculty Scholarship

Aim: There are limited data on psychological outcomes in older people with epilepsy (PWE). This analysis, from a large pooled dataset of clinical studies from the Managing Epilepsy Well (MEW) Network, examined clinical variables including depressive symptom severity, quality of life and epilepsy self-management competency among older (age 55+) vs younger (

Exploring The Health Implications Of Mixed-Income Communities: Avondale, Cincinnati, Oh, Sherise Mckinney

Faculty Scholarship

This site profile is part of a series that spotlights mixed-income community transformations that emphasize health and wellness in their strategic interventions. The Mixed-Income Strategic Alliance produced these profiles to better understand the health implications of creating thriving and inclusive communities with a socioeconomically and racially diverse population. This site profile, which focuses on Avondale, was developed through interviews with local stakeholders as well as a review of publicly-available and internal documents.

Exploring The Health Implications Of Mixed-Income Communities: Hope Sf And Potrero Hill, San Francisco, Ca, Taryn Gress

Faculty Scholarship

This site profile is part of a series that spotlights mixed-income community transformations that emphasize health and wellness in their strategic interventions. The Mixed-Income Strategic Alliance produced these profiles to better understand the health implications of creating thriving and inclusive communities with a socioeconomically and racially diverse population. This site profile, which focuses on Sunnydale and Potrero Hill, was developed through interviews with local stakeholders as well as a review of publicly-available and internal documents.

Early Childhood Development And The Replication Of Poverty, Clare Huntington

Faculty Scholarship

Traditional understandings of federalism suggest that states are likely to take varying approaches to important policy questions, particularly in areas as sensitive as family law. And indeed, there are patterns of convergence and divergence in state approaches to supporting early childhood development. Surprisingly, however, the divergences do not always follow predictable political lines. These similarities and differences raise a puzzle that deserves attention by scholars and advocates.

In the United States, differences in early childhood play a key role in replicating poverty. Clear evidence establishes that child development in the first five years of life lays essential groundwork for future …

Contract Creep, Tal Kastner, Ethan J. Leib

Faculty Scholarship

Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …

Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene

Faculty Scholarship

This symposium piece addresses three issues stemming from the Court’s Masterpiece Cakeshop case and that case’s relationship to West Virginia v. Barnette. First, it discusses the relationship between claims for exemption from laws of general applicability and as-applied claims. Second, it addresses the issue most discussed in the Cakeshop briefs and oral argument, but not ultimately resolved by the Court: what counts as compelled speech in the setting of provision of services such as custom-made wedding cakes? Third, it intervenes in the fascinating sidebar between Justice Kagan and Justice Gorsuch regarding the state commission’s refusal to sanction bakers who wouldn’t …

The Dilemma Of Localism In An Era Of Polarization, Nestor M. Davidson

Faculty Scholarship

Localism, the discourse of local legal power and state-local relations, has returned to the center of national attention, driven by gridlock at the federal level and sharply rising political and cultural conflicts between cities and their states. In recent years, states have aggressively sought to constrain, eliminate, and even criminalize local policy discretion across an array of policy domains. Cities and their advocates have just as aggressively fought back—in litigation, in the po- litical arena, and in popular discourse.

Advocacy for resurgent local empowerment is raising anew what has long been the central dilemma of localism: how can a vertical …

A Better Approach To Urban Opportunity, Nestor M. Davidson

Faculty Scholarship

No abstract provided.

A Second Step Act For The States (And Counties And Cities), John F. Pfaff

Faculty Scholarship

No abstract provided.

America Is Selling Its Seniors Short, Constantine N. Katsoris

Faculty Scholarship

No abstract provided.

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Aviyonah, Lily Batchelder, J. Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Maps: Scaling Privacy Compliance Analysis To A Million Apps, Sebastian Zimmeck, Peter Story, Daniel Smullen, Abhilasha Ravichander, Ziqi Wang, Joel R. Reidenberg, N. Cameron Russell, Norman Sadeh

Faculty Scholarship

The app economy is largely reliant on data collection as its primary revenue model. To comply with legal requirements, app developers are often obligated to notify users of their privacy practices in privacy policies. However, prior research has suggested that many developers are not accurately disclosing their apps’ privacy practices. Evaluating discrepancies between apps’ code and privacy policies enables the identification of potential compliance issues. In this study, we introduce the Mobile App Privacy System (MAPS) for conducting an extensive privacy census of Android apps. We designed a pipeline for retrieving and analyzing large app populations based on code analysis …

What Is International Trade Law For?, Harlan G. Cohen

Faculty Scholarship

Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.

But what if …

The Shadows Of Life: Medicaid's Failure Of Health Care's Moral Test, Barak D. Richman, Kushal T. Kadakia, Shivani A. Shah

Faculty Scholarship

North Carolina Medicaid covers one-fifth of the state’s population and makes up approximately one-third of the budget. Yet the state has experienced increasing costs and worsening health outcomes over the past decade, while socioeconomic disparities persist among communities. In this article, the authors explore the factors that influence these trends and provide a series of policy lessons to inform the state’s current reform efforts following the recent approval of North Carolina’s Section 1115 waiver by the Centers for Medicare and Medicaid Services. The authors used health, social, and financial data from the state Department of Health and Human Services, the …

Empowering The Poor: Turning De Facto Rights Into Collateralized Credit, Steven L. Schwarcz

Faculty Scholarship

The shrinking middle class and the widening gap between the rich and the poor constitute significant threats to social and financial stability. One of the main impediments to upward mobility is the inability of economically disadvantaged people to use their property — in which they sometimes hold only de facto, not de jure, rights — as collateral to obtain credit. This Article argues that commercial law should recognize those de facto rights, enabling the poor to borrow to start businesses or otherwise create wealth. Recognition not only would provide benefits that exceed its costs; it also would be consistent with, …

Transgender Tropes & Constitutional Review, Jennifer Levi, Kevin M. Barry

Faculty Scholarship

The Trump administration is aggressively and systematically rolling back policies that protect transgender people. History teaches that these governmental attacks are not new, but instead represent the latest salvo in a long but losing battle to disparage transgender people, who have been ruthlessly depicted as criminals, deviants, and selfish iconoclasts. Notwithstanding the current administration's open hostility toward transgender people, constitutional protections endure. This Article discusses the evolution of government discrimination against transgender people-from laws that criminalized the violation of gender norms in the late twentieth century to the present-day exclusion of transgender people from the U.S. military-and transgender people's continued …

Early Childhood Development And The Replication Of Poverty, Clare Huntington

Faculty Scholarship

Antipoverty efforts must begin early because abundant evidence demonstrates that experiences during the first five years of life lay a foundation for future learning and the acquisition of skills. Public investments can help foster early childhood development, but these efforts must begin early and must involve both parents and children. This chapter describes the patterns of convergence and divergence in state approaches to supporting early childhood development. For the prenatal period until age three, the federal government is the primary source of funds, and there is fairly limited variation in how this money is spent across the states. For the …