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Balancing Independence And Accountability: Proposals To Reform Special Counsel Investigations, Lawrence Keating, Steven Still, Brittany Thomas, Samuel Wechsler Jan 2021

Balancing Independence And Accountability: Proposals To Reform Special Counsel Investigations, Lawrence Keating, Steven Still, Brittany Thomas, Samuel Wechsler

Faculty Scholarship

Investigations of the president and other high-ranking officials must be free from political interference yet cannot devolve into “runaway” inquiries. This report recommends reforms to the rules for every stage of special counsel investigations. Among the proposals is a requirement that federal judges oversee the attorney general’s appointment and removal of special counsels. Additionally, a special counsel should be mandatory when the president is suspected of a crime and reports on investigations should go directly to Congress.


Improving Communication With Public Officials On Social Media: Proposals For Protecting Social Media Users’ First Amendment Rights, Kendra Kumor, Evelyn Li, Nicole Rubin Jan 2021

Improving Communication With Public Officials On Social Media: Proposals For Protecting Social Media Users’ First Amendment Rights, Kendra Kumor, Evelyn Li, Nicole Rubin

Faculty Scholarship

Government officials undermine a key platform for communication with the public when they block users or delete their comments on social media. Those actions also often run afoul of the First Amendment. To address a problem that exists at all levels of government, this report recommends legislation that bans public officials using social media for official purposes from blocking users or deleting their comments, except when comments are unprotected by the First Amendment.


"And They Took My Milk!", I. Bennett Capers Jan 2021

"And They Took My Milk!", I. Bennett Capers

Faculty Scholarship

No abstract provided.


[email protected], Bruce A. Green, Carole Silver Jan 2021

[email protected], Bruce A. Green, Carole Silver

Faculty Scholarship

The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, how law firms communicate whether technology matters and has value in what they do. In the past, firms in the BigLaw category, especially at the top echelon, have grounded their reputations on the credentials and achievements of their lawyers. In this paper, we explore whether elite law firms use technology similarly by describing it as an additional tool of inter-firm competition—a sort …


Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez Jan 2021

Is There A "Mulatto Escape Hatch" Out Of Racism?: A Reflection On Multiracial Exceptionalism During A Time Of #Blacklivesmatter, Tanya K. Hernandez

Faculty Scholarship

No abstract provided.


Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder Jan 2021

Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder

Faculty Scholarship

With the pandemic caused by the novel coronavirus SARS-CoV-2 raging around the world, many countries’ economies are at a crucial juncture. The COVID-19 external shock to the economy has the potential to affect corporate governance profoundly. This Article explores its possible impact on comparative corporate governance. For an economy to operate successfully, a society must first find a politically sustainable social equilibrium. In many countries, historical crises—such as the Great Depression and World War II—have resulted in a reconfiguration of corporate governance institutions that set the course for generations. While it is not yet clear whether COVID-19 will have a …


Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe Jan 2021

Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.


The Racial Architecture Of Criminal Justice, I. Bennett Capers Jan 2021

The Racial Architecture Of Criminal Justice, I. Bennett Capers

Faculty Scholarship

One of the pleasures of contributing to symposia—especially symposia where each contribution is brief—is the ability to engage in new explorations, test new ideas, and offer new provocations. I do that now in this essay about race, architecture, and criminal justice. I begin by discussing how race is imbricated in the architecture of courthouses, the quintessential place of supposed justice. I then take race and architecture a step further. If we think of architecture expansively—Lawrence Lessig’s definition of architecture as “the physical world as we find it” comes to mind—then it becomes clear that race is also imbricated in the …


The Law School As A White Space, I. Bennett Capers Jan 2021

The Law School As A White Space, I. Bennett Capers

Faculty Scholarship

No abstract provided.


What's Law Got To Do With It? Dignity And Menstruation, Elizabeth B. Cooper Jan 2021

What's Law Got To Do With It? Dignity And Menstruation, Elizabeth B. Cooper

Faculty Scholarship

No abstract provided.


Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper Jan 2021

Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper

Faculty Scholarship

This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …


Cybercrime Vs. Cyberwar: Paradigms For Addressing Malicious Cyber Activity, Mieke Eoyang, Chimene Keitner Jan 2021

Cybercrime Vs. Cyberwar: Paradigms For Addressing Malicious Cyber Activity, Mieke Eoyang, Chimene Keitner

Faculty Scholarship

No abstract provided.


Covid-19 Antibody Testing As A Precondition For Employment: Ethical And Legal Considerations, Sara Gerke, Gali Katznelson, Dorit R. Reiss, Carmel Shachar Jan 2021

Covid-19 Antibody Testing As A Precondition For Employment: Ethical And Legal Considerations, Sara Gerke, Gali Katznelson, Dorit R. Reiss, Carmel Shachar

Faculty Scholarship

Employers and governments are interested in the use of serological (antibody) testing to allow people to return to work before there is a vaccine for SARS-CoV-2. We articulate the preconditions needed for the implementation of antibody testing, including the role of the U.S. Food & Drug Administration.


Covid-19 And Regulating Vaccines, Dorit R. Reiss Jan 2021

Covid-19 And Regulating Vaccines, Dorit R. Reiss

Faculty Scholarship

No abstract provided.


Brave New World: Technology And Tort Practice, Richard L. Marcus Jan 2021

Brave New World: Technology And Tort Practice, Richard L. Marcus

Faculty Scholarship

No abstract provided.


A Legend In His Own Time, And A Fixer For Mass Tort Litigation, Richard L. Marcus Jan 2021

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 Jan 2021

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 …


The Chinese Advantage In Emergency Law, Ugo Mattei, Guanghua Liu, Emanuele Ariano Jan 2021

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 Jan 2021

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 …


States’ Merger Review Authority Is Associated With States Challenging Hospital Mergers, But Prices Continue To Increase, Brent D. Fulton, Jaime S. King, Daniel R. Arnold, Alexandra D. Montague, Samuel M. Chang, Thomas L. Greaney, Richard M. Scheffler Jan 2021

States’ Merger Review Authority Is Associated With States Challenging Hospital Mergers, But Prices Continue To Increase, Brent D. Fulton, Jaime S. King, Daniel R. Arnold, Alexandra D. Montague, Samuel M. Chang, Thomas L. Greaney, Richard M. Scheffler

Faculty Scholarship

States can challenge proposed hospital mergers by using antitrust laws to prevent anticompetitive harms. This observational study examined additional state laws—principally charitable trust, nonprofit corporation, health and safety, and certificate-of-need laws—that can serve as complements and substitutes for antitrust laws by empowering states to be notified of, review, and challenge proposed hospital mergers through administrative processes. During the period 2010–19, 862 hospital mergers were proposed, but only forty-two (4.9 percent) were challenged by states, including thirty-five by states without federal involvement, of which twenty-five (71.4 percent) originated in the eight states with the most robust merger review authority. The twenty-five …


Technology And Litigation: The 21st Century American Experience, Richard L. Marcus Jan 2021

Technology And Litigation: The 21st Century American Experience, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Covid-19 Vaccine Uptake Through The Lived Experiences Of Health Care Personnel: Policy And Legal Considerations, Rachel Gur-Arie, Zackary Berger, Dorit Rubinstein Reiss Jan 2021

Covid-19 Vaccine Uptake Through The Lived Experiences Of Health Care Personnel: Policy And Legal Considerations, Rachel Gur-Arie, Zackary Berger, Dorit Rubinstein Reiss

Faculty Scholarship

Purpose: To investigate whether coronavirus disease 2019 (COVID-19) vaccination campaigns targeted at health care personnel (HCP) in the United States have addressed the lived experiences of HCP on the frontlines of the COVID-19 pandemic and to analyze policy and legal considerations for improving COVID-19 vaccine uptake among HCP. Methods: We conducted a literature and policy review to explore the lived experiences of different occupational groups of HCP on the frontlines of the COVID-19 pandemic—physicians, nurses, trainees, and nonclinical essential workers—in relation to ongoing COVID-19 vaccination campaigns. Finally, we discuss policy and legal considerations to improve the state of HCP COVID-19 …


"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill Jan 2021

"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill

Faculty Scholarship

No abstract provided.


Experimental? It Doesn't Mean What You Think It Means, Dorit Rubenstein Reiss, Arthur J. Caplan Jan 2021

Experimental? It Doesn't Mean What You Think It Means, Dorit Rubenstein Reiss, Arthur J. Caplan

Faculty Scholarship

No abstract provided.


State Administrative Review Of Local Constraints On Housing Development: Improving The California Model, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill Jan 2021

State Administrative Review Of Local Constraints On Housing Development: Improving The California Model, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill

Faculty Scholarship

Starting in the 1970s, the West Coast states coalesced around roughly similar responses to the problem of excessive local restrictions on housing supply. Local governments were charged with making plans to accommodate projected population growth, subject to review and approval by a state agency. In California, a city’s housing plan must also analyze, mitigate, and remove “constraints” to the development of housing in general. This component of the plan has received little attention, and, according to a recent report of the State Auditor, it hasn’t accomplished much. We argue that it could accomplish much more—if the state housing agency develops …


The Political (Mis)Representation Of Immigrants On The Census, Ming Hsu Chen Jan 2021

The Political (Mis)Representation Of Immigrants On The Census, Ming Hsu Chen

Faculty Scholarship

Who is a member of the political community? What barriers to inclusion do immi- grants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique …


The Political (Mis)Representation Of Immigrants In Voting, Hunter Knapp, Ming Hsu Chen Jan 2021

The Political (Mis)Representation Of Immigrants In Voting, Hunter Knapp, Ming Hsu Chen

Faculty Scholarship

Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing im- migrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immi- grants and foreign-born voters having rights of semi-citizen- ship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.


School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser Jan 2021

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 …


Public Health Surveillance In The Context Of Covid-19, Jennifer D. Oliva Jan 2021

Public Health Surveillance In The Context Of Covid-19, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.


Time Enough For Counting: A Unicorn Retrospective, Abraham Cable Jan 2021

Time Enough For Counting: A Unicorn Retrospective, Abraham Cable

Faculty Scholarship

No abstract provided.