Digital Commons Network^™

Teaming Up To Learn In The Doctrinal Classroom, Jodi Balsam

Faculty Scholarship

No abstract provided.

Balancing Political Power: Community Economic Development And Institutional Design, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …

Citizenship Gaps, D. Carolina Nuñez

Faculty Scholarship

The concept of citizenship is undeniably powerful. The terms “citizenship” and “citizen” evoke notions of belonging, participation, equality, civic duty, democracy, and virtually any other term associated with a well-functioning polity. In fact, the term “citizenship” often serves as a shorthand reference to an abstract sense of civic virtue and the right to exercise that civic virtue to shape the polity. Citizenship, as popularly imagined, is a fundamental element of our democracy.

These noble ideals, however, do not necessarily map onto any legal definition of citizenship, nor do they accurately depict the experience of many U.S. citizens who find themselves …

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.

Contribution And Distribution Flexibility And Tax Pass-Through Entities, Bradley T. Borden, Brett Freudenberg

Faculty Scholarship

No abstract provided.

The Creditors' Bargain Reconstituted: Comments On Barry Adler's The Creditors' Bargain Revisited, Edward J. Janger

Faculty Scholarship

No abstract provided.

Enforcement Piggybacking And Multistate Actions, Elysa Dishman

Faculty Scholarship

Civil enforcement in the United States is uniquely “multienforcer.” Numerous public and private enforcers including federal agencies, state attorneys general (AGs), and private litigants have overlapping authority to enforce myriad federal and state laws. Ideally, enforcers would complement one another’s efforts and use their comparative enforcement advantages to broaden the scope of enforcement and act as a check on underenforcement. But in reality, enforcers are often attracted to the same targets—large, public, deep-pocketed corporations. This means that multiple enforcers may pursue essentially the same enforcement action, arising from the same series of events and against the same target. Redundant enforcement …

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 …

Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves

Faculty Scholarship

The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …

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.

Toward An Interest Group Theory Of Foreign Anti-Corruption Laws, Sean J. Griffith, Thomas H. Lee

Faculty Scholarship

Foreign anti-corruption laws—laws that prohibit businesses from paying bribes abroad— present a puzzle. Why would the government of one country care to prevent corruption in other countries, especially when such laws harm domestic businesses? Unregulated foreign competitors can continue to pay bribes and win contracts while domestic companies suffer. Yet foreign anti-corruption laws now span the globe. We offer an interest-group account of the spread of foreign anti-corruption laws. Our account is bottom-up and focused on private interest groups, rather than top-down and focused on state institutions. We look at domestic political interests in the United States and abroad to …

Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics, Jed H. Shugerman

Faculty Scholarship

The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates an important phenomenon in American politics, but it obscures a crisis in American democracy. In baseball, hardball encompasses legitimate tactics: pitching inside to brush a batter back but not injure, hard slides, hard tags. Baseball fans celebrate hardball. Many of the constitutional hardball maneuvers previously identified by scholars have been legitimate, if aggressive, constitutional political moves. But the label “hardball” has been interpreted too broadly to include illegitimate, fundamentally undemocratic tactics. I suggest a different baseball metaphor for such tactics: beanball, pitches meant to injure and knock out …

The Vast Gulf Between Attempted Mass Shootings And Attempted Material Support, Heidi Gilchrist

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.

Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani

Faculty Scholarship

This Essay examines the First Amendment component to race-conscious admissions policies. It argues that these policies reflect a core First Amendment value: academic freedom. It illustrates that race-conscious admissions policies promote academic freedom in two ways. One aspect of a university’s academic freedom is the selection of its own student body. Justice Felix Frankfurter stated this explicitly in his concurrence in Sweezy v. New Hampshire (1957), which was later cited in Justice Lewis Powell's influential concurrence in Regents of the University of California v. Bakke (1978). Additionally, the compelling interest in diversity has roots in the First Amendment. By …

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.

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 …

Introduction To The Symposium On Julian Nyarko, “Giving The Treaty A Purpose: Comparing The Durability Of Treaties And Executive Agreements”, Harlan G. Cohen

Faculty Scholarship

Part of the symposium on Julian Nyarko, “Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements”

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 …

Prosecutors In The Court Of Public Opinion, Bruce A. Green

Faculty Scholarship

No abstract provided.