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Fear And Lawyering, Heidi K. Brown May 2019

Fear And Lawyering, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Sexual Privacy, Danielle K. Citron May 2019

Sexual Privacy, Danielle K. Citron

Faculty Scholarship

Those who wish to control, expose, and damage the identities of individuals routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms and “up their skirts.” Such images are used to coerce people into sharing nude photographs and filming sex acts under the threat of public disclosure. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

Each of these abuses is an invasion of sexual privacy—the behaviors, expectations, and choices that manage access to and information about …


Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee Apr 2019

Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee

Faculty Scholarship

No abstract provided.


Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Lee Apr 2019

Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Lee

Faculty Scholarship

No abstract provided.


Equal Protection Design Defects, Jonathan Feingold Apr 2019

Equal Protection Design Defects, Jonathan Feingold

Faculty Scholarship

One can understand constitutional doctrine as a tool designed to effectuate the Constitution and its various provisions. Equal protection doctrine, in turn, comprises a set of Justice-made rules designed to realize the promise of equal protection under the law. The substance of that promise remains a topic of deep contestation. Nonetheless, more than forty years of constitutional jurisprudence have entrenched a vision of constitutional equality that privileges what I refer to herein as the “right to compete.” Simply put, the Supreme Court has repeatedly embraced the view that the Equal Protection Clause mandates the government to allocate public benefits — …


Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson Mar 2019

Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson

Faculty Scholarship

Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the …


Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore Mar 2019

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Faculty Scholarship

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …


Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan Saab Fortney Mar 2019

Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan Saab Fortney

Faculty Scholarship

The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice insurance since Oregon mandated lawyer participation in a malpractice insurance regime. Over the last two years, a few states have considered whether their jurisdictions should join Oregon and Idaho in requiring malpractice insurance for lawyers in private practice. To help inform the discussion, the article examines different positions taken in the debate on …


Digital Market Perfection, Rory Van Loo Mar 2019

Digital Market Perfection, Rory Van Loo

Faculty Scholarship

Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap first by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to search and switch, potentially bringing tremendous societal benefits. …


Betting On Climate Policy: Using Prediction Markets To Address Global Warming, Gary M. Lucas Jr, Felix Mormann Feb 2019

Betting On Climate Policy: Using Prediction Markets To Address Global Warming, Gary M. Lucas Jr, Felix Mormann

Faculty Scholarship

Global warming, sea level rise, and extreme weather events have made climate change a top priority for policymakers across the globe. But which policies are best suited to tackle the enormous challenges presented by our changing climate? This Article proposes that policymakers turn to prediction markets to answer that crucial question. Prediction markets have a strong track record of outperforming other forecasting mechanisms across a wide range of contexts — from predicting election outcomes and economic trends to guessing Oscar winners. In the context of climate change, market participants could, for example, bet on important climate outcomes conditioned on the …


Transdisciplinarity At The Boundaries: Exploring A Sylvan Metaphor For Health, Peter J. Whitehouse Jan 2019

Transdisciplinarity At The Boundaries: Exploring A Sylvan Metaphor For Health, Peter J. Whitehouse

Faculty Scholarship

Transdisciplinarity is an action oriented intellectual and ethical endeavor to address complex ecological, economic, and political challenges that humans face. Language is viewed as a powerful tool for necessary cultural change. Blending art and science looking for the difficult to define but critically important hidden spaces between apparently rigid conceptual structures is a core of transdisciplinarity. Metaphor is a particular powerful tool for examining boundaries and developing creative blends of structures and processes. Forests are biologically and culturally critical to life on the planet. In this paper we explore, a performance character named Sylvanus, the Tree Doctor, named after the …


Rating Analyst Degrees Of Freedom, Vijay Raghavan Jan 2019

Rating Analyst Degrees Of Freedom, Vijay Raghavan

Faculty Scholarship

No abstract provided.


Sex, Trump, And Constitutional Change, Elizabeth Schneider, Helen Hershkoff Jan 2019

Sex, Trump, And Constitutional Change, Elizabeth Schneider, Helen Hershkoff

Faculty Scholarship

No abstract provided.


Emotional Appraisals In The Wake Of Hurricanes Harvey And Maria, Olympia Duhart Jan 2019

Emotional Appraisals In The Wake Of Hurricanes Harvey And Maria, Olympia Duhart

Faculty Scholarship

No abstract provided.


Risk-Averse Contract Interpretation, Aditi Bagchi Jan 2019

Risk-Averse Contract Interpretation, Aditi Bagchi

Faculty Scholarship

No abstract provided.


Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon Jan 2019

Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon

Faculty Scholarship

Expressing racial preferences in casting calls and hiring practices is nothing new. Producers of television shows, movies, and Broadway musicals have regularly and explicitly sought to hire actors and actresses with certain physical characteristics, including race, in casting their productions. And, given that the industry seemingly accepted this standard when it favored white talent, the public heard little about it. To the extent controversy arose, courts quelled concerns in a swift and easy fashion, without consideration of the societal harms or impacts that stereotyped or limited portrayals of minorities in entertainment could have on the public’s perception of people of …


Beyond The Numbers: Substantive Gender Diversity In Boardrooms, Yaron Nili Jan 2019

Beyond The Numbers: Substantive Gender Diversity In Boardrooms, Yaron Nili

Faculty Scholarship

No abstract provided.


Mixed-Income Communities As A Strategic Lever To Impact Health Equity: Lessons From The Field And Implications For Strategy And Investment, Mark L. Joseph Jan 2019

Mixed-Income Communities As A Strategic Lever To Impact Health Equity: Lessons From The Field And Implications For Strategy And Investment, Mark L. Joseph

Faculty Scholarship

This report provides an overview of the current state of knowledge about how mixed-income community interventions could help achieve greater health equity. The report culminates an eighteen-month inquiry on mixed-income communities and health and focuses on implications from profi les of fi ve mixed-income community interventions that have a strategic emphasis on improving health and wellness.


Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock Jan 2019

Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Virtual Hatred: How Russia Tried To Start A Race War In The United States, William J. Aceves Jan 2019

Virtual Hatred: How Russia Tried To Start A Race War In The United States, William J. Aceves

Faculty Scholarship

During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential campaign, a more pernicious intervention took place. Throughout the campaign, Russian operatives created hundreds of fake personas on social media platforms and then posted thousands of advertisements and messages that sought to promote racial divisions in the United States. This was a coordinated propaganda effort. Some Facebook and Titter posts denounced the …


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart Jan 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Faculty Scholarship

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


The Cost Of Changing Our Minds, Nita A. Farahany Jan 2019

The Cost Of Changing Our Minds, Nita A. Farahany

Faculty Scholarship

The neuroscience revolution poses profound challenges to the doctrine of avoidable consequences in tort law and exposes deep theoretical riddles about the right to our own mental experiences and memories. To address this profound question, this Article begins with a deceptively simple principle of tort law: A victim of tortious wrongdoing by another is held responsible for mitigating her own physical injuries. This Article addresses whether that same doctrine should require a tort victim to likewise mitigate her emotional injuries. The answer to that question is of great and increasing importance because it goes to the heart of how society …


Defusing Bullies, Heidi K. Brown Jan 2019

Defusing Bullies, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger Jan 2019

Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger

Faculty Scholarship

This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.


The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert Jan 2019

The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert

Faculty Scholarship

Twenty-five years ago, the Supreme Court decided one of the most important cases concerning the use of science in courtrooms. In Daubert v. Merrell Dow Pharmaceuticals , the Court addressed widespread concerns that courts were admitting unreliable scientific evidence. In addition, lower courts lacked clarity on the status of the previous landmark case for courtroom science, Frye v. United States. In the years leading up to the Daubert decision, policy-makers and legal observers sounded the alarm about the rise in the use of "junk science" by so-called expert witnesses. Some critics went so far as to suggest that American businesses …


Envisioning Indigenous Community Courts To Realize Justice In Canada For First Nations, Angelique Eaglewoman Jan 2019

Envisioning Indigenous Community Courts To Realize Justice In Canada For First Nations, Angelique Eaglewoman

Faculty Scholarship

Through European colonization in North America, the time-honored rule of law, or good way of life, in Indigenous communities was displaced with external forums and processes, primarily from the British juridical traditions. In contemporary Canada, the use of external laws as a tool of colonization and the injustice experienced by Aboriginal peoples in Canadian courts has been the focus of media attention, policy papers, and legal reports for decades. The Canadian justice system is viewed by many as external and a means of subjugation for First Nation, Métis and Inuit peoples. As the Canadian government has attempted to come to …


The Contested Place Of Religion In Family Law (Ed., Robin Fretwell Wilson, Cambridge Univ. Press 2018), Marie Failinger Jan 2019

The Contested Place Of Religion In Family Law (Ed., Robin Fretwell Wilson, Cambridge Univ. Press 2018), Marie Failinger

Faculty Scholarship

The uniformity question and the trust question are two of the difficult questions most perennially at the intersection of law, religion, and family; and many of the essays in The Contested Place of Religion in Family Law, edited by Robin Fretwell Wilson, engage them in some way. Wilson has brought together law and religion scholars and practitioners from a variety of academic disciplines, philosophical and religious perspectives to, essentially, debate some of these most fiercely contested and stubbornly unresolved issues. While there is a variation in style and tone of these essays, for the most part, there seems to be …


Abortion Talk, Clare Huntington Jan 2019

Abortion Talk, Clare Huntington

Faculty Scholarship

No abstract provided.


Recovering Tech's Humanity, Olivier Sylvain Jan 2019

Recovering Tech's Humanity, Olivier Sylvain

Faculty Scholarship

No abstract provided.


Arrests As Guilt, Anna Roberts Jan 2019

Arrests As Guilt, Anna Roberts

Faculty Scholarship

No abstract provided.