Law Commons^™

Taxing The New With The Old: Capturing The Value Of Data With The Corporate Income Tax In Virginia, Coleman H. Cheeley

University of Richmond Law Review

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due …

A Public Technology Option, Hannah Bloch-Wehba

Faculty Scholarship

Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.

Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield

William & Mary Bill of Rights Journal

Education is a critical part of nation-building. More specifically, it can also be a powerful pathway to liberty and a tool for disseminating knowledge. However, historically it has been used to subjugate and censor vulnerable groups like women, socio-economically disadvantaged persons, as well as men of color. Therefore, to avoid subordinating members of such minoritized groups and suppressing uncomfortable historical facts, advocates must continually evaluate the purpose and method of education. Such persistent monitoring can provide a basis for constructive reform of public education in the United States. Such reform must also consider changing social conditions.

Presently, for example, public …

Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A publication co-authored by Indiana University Maurer School of Law Dean Christiana Ochoa and 2021 Law School alumna Kacey Cook has been selected to appear in the 17th edition of the Environmental Law and Policy Annual Review.

“Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help” was authored by Ochoa, Cook, and University of Minnesota Law School third-year student Hanna Weil and was published in January 2023 in the Minnesota Law Review.

To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz

St. Mary's Journal on Legal Malpractice & Ethics

Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …

Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution, Nathan Moelker

St. Mary's Journal on Legal Malpractice & Ethics

The ABA adopted a revision to the Model Rules in 2016, prohibiting harassment and discrimination against a list of protected classes. The Rule, while well-intentioned and targeted at a serious problem, was broadly phrased to include a large category of protected speech and behavior. The Rule has already faced extensive and well-crafted challenges from the perspective of the Free Speech Clause. This article argues that two additional provisions of the First Amendment—the Free Exercise Clause and Freedom of Association—further illustrate the failure of the Rule and the alarmingly wide-ranging effects of such a prohibition on attorney conduct.

Unauthorized Practice Or Untenable Prohibitions: Refining And Redefining Upl, Jan L. Jacobowitz, Peter R. Jarvis

St. Mary's Journal on Legal Malpractice & Ethics

An extraordinarily number of Americans either cannot afford or cannot find lawyers to assist them on civil legal matters. And an increasing number of Americans turn either to on-line apps or to nonlawyer professionals whose practices may overlap in whole or in part with what lawyers do. Although individuals receive much needed assistance, these alternative providers often confront allegations of committing the unauthorized practice of law. Unfortunately, the rules regarding the unauthorized practice of law (“UPL”) are both outdated and extraordinarily ambiguous. Moreover, UPL issues regarding alternative providers are distinct from questions concerning whether nonlawyers should be entitled to be …

Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Legal Ethics, Code Of Conduct For Barristers And The Overriding Objective In Criminal Trials, Zia Akhtar

St. Mary's Journal on Legal Malpractice & Ethics

The criminal lawyer has a duty to his client, to the court, and to the administration of justice. This must be accomplished within a framework of ethics comprised from codes of conduct regulating the legal profession. There are difficult ethical problems arising from conflicts between a lawyer’s responsibilities to clients, the legal system, and the disciplinary codes of the profession. In England, the barrister’s conduct is governed by the Bar Standard Board, and legal professionals must abide by the regulations that are imposed upon them when acting for their clients. The new Criminal Procedure Rules and …

The Disclosure Of Third-Party Litigation Funding Agreements Is Necessary To Resolve Ethical Dilemmas Created By The Third-Party Lender Industry, Gareth Purnell

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Enforcing Equity, Daiquiri J. Steele

Northwestern University Law Review

Federal administrative agencies that enforce workplace laws have dual responsibilities: (1) to prevent or remedy noncompliance with the underlying workplace law and (2) to prevent or remedy noncompliance with the law’s antiretaliation provisions. Disparities based on race, sex, and their intersection exist with respect to both of these types of employer noncompliance, as female workers and workers of color experience more violations of the substantive provisions and the retaliation provisions of these laws. While effective enforcement is vital to preserving workplace regulation as a whole, there is also an equity component to enforcement. Because workplace law violations disproportionately harm women …

Financial Inclusion, Cryptocurrency, And Afrofuturism, Lynnise Phillips Pantin

Northwestern University Law Review

As a community, Black people consistently face barriers to full participation in traditional financial markets. The decentralized nature of the cryptocurrency market is attractive to a community that has been historically and systematically excluded from the traditional financial markets by both private and public actors. As new entrants to any type of financial market, Black people have increasingly embraced blockchain technology and cryptocurrency as a path towards the wealth-building opportunities and financial freedom they have been denied in traditional markets. This Article analyzes whether the technology’s decentralized system will lead to financial inclusion or increased financial exclusion. Without reconciling the …

Black Liberty In Emergency, Norrinda Brown

Northwestern University Law Review

COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.

The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …

Racism As A Threat To Financial Stability, Cary Martin Shelby

Northwestern University Law Review

This Article draws from several theoretical frameworks such as critical race theory, law and economics, and rule of law conceptions to argue that the Financial Stability Oversight Council (FSOC) should formally recognize racism as a threat to financial stability due to its interconnectedness with recent and projected systemic disruptions. This Article begins by first introducing a novel model created by the author through which to dissect this claim. This “Systemic Disruption Model” provides a theoretical depiction of how racism drives every phase along the life-cycle continuum of a systemic disruption.

First, with respect to the Model’s “Introduction” phase, this Article …

Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako

Northwestern University Law Review

It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …

Exploring The Importance Of Criminal Legal Aid: A Canadian Perspective, Trevor C. W. Farrow, Marcus Pratt

Articles & Book Chapters

There is a growing global recognition that, in order to address the current access to justice crisis, more research, together with a better understanding of data, is needed. This article, through an examination of existing legal aid research primarily in the area of criminal law, explores some of what we know and do not know about the relative benefits and costs of providing different kinds of criminal legal aid services. Although not a comprehensive review of all available research, this article identifies data strengths and gaps and the need for further research and reforms.

Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Autonomy, Martha T. Mccluskey

Contributions to Books

Published as Part IV of The Foundations of Vulnerability Theory: Feminism, Family, and Fineman, Jennifer Hickey, ed.

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Learning To Do Good While Doing Well 11-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Patriarchy’S Link To Intimate Partner Violence: Applications To Survivors’ Asylum Claims, Daniel G. Saunders, Tina Jiwatram-Negrón, Natalie Nanasi, Iris Cardenas

Faculty Journal Articles and Book Chapters

Eligibility for asylum for survivors of intimate partner violence (IPV) has recently been contested. We summarize social science evidence to show how such survivors generally meet asylum criteria. Studies consistently show a relationship between patriarchal factors and IPV, thereby establishing a key asylum criterion that women are being persecuted because of their status as women. Empirical support is also provided for other asylum criteria, specifically: patriarchal norms contribute to state actors’ unwillingness to protect survivors, and survivors’ political opinions are linked to an escalation of perpetrators’ violence. The findings have implications for policy reform and supporting individual asylum-seekers.

Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Possible Futures Of American Democracy, Jedediah Purdy

Utah Law Review

Everyone worries about democracy, although not everyone pauses to say what they mean by it. A New York Times poll shortly before the last election found that large shares of voters in both parties feared for democracy, although they didn’t fear the same things. In the run-up to the 2020 presidential election, about ninety percent of partisan voters said the country would suffer serious damage if the other guy won2; they presumably didn’t have quite the same worries. Pollsters ask people whether they expect political violence in future elections, and voters respond that they do. Bookstores have been full of …

The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo

University of Miami Law Review

Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …

You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell

University of Miami Law Review

For over half a century, the Court’s decision in Katz v. United States has been the lodestar for applying the Fourth Amendment. The Katz test has produced a litany of confusing and irreconcilable decisions in which the Court has carved exceptions into the doctrine and then carved exceptions into the exceptions. These decisions often leave lower courts with minimal guidance on how to apply the framework to new sets of facts and leave legal scholars and commenters befuddled and frustrated with the Court’s explanations for the rulings. The Court’s decision in Carpenter v. United States represents the apex of Katz’s …

The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman

University of Miami Law Review

The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …

Inconsistencies In State Court Decisions Regarding Public School Financing Are Violating The Constitutional Rights Of Citizens: Why The Nevada Court In Shea V. State Should Have Intervened, Corinne Milnamow

University of Miami Law Review

In 1973, the Supreme Court decided the landmark case, San Antonio Independent School District v. Rodriguez, which held there was no fundamental right to education under the United States Constitution. In the years that have followed Rodriguez, state courts across the country have been left to decide issues related to public school financing. Many plaintiffs in these cases will argue that education is a fundamental right under their state’s constitution and that their respective state’s public school financing structure—one that heavily relies on local property taxes—is unconstitutional because of the discrepancies in the quality of education one will receive in …

The News Media Engagement Principle: Why Social Media Has Not Actually Overrun The Limited Purpose Public Figure Category, Zachary R. Cormier

University of Miami Law Review

Has the rise of social media ruined the limited purpose public figure category of the First Amendment’s actual malice privilege? Justice Gorsuch believes so—and he has recently invited courts to get rid of it. He argues that the category now includes vast numbers of otherwise private citizens that have “become ‘public figures’ on social media overnight.” With so many people qualifying as limited purpose public figures (and having to overcome the actual malice standard to prevail on a defamation claim), he claims that the category has evolved to provide an unjustified shield for the masses of misinformation-peddlers on social media. …