Law Commons^™

The Taking Economy: Uber, Information, And Power, Ryan Calo, Alex Rosenblat

Articles

Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other value but raises concerns around racial bias, safety, and fairness to competitors and workers that legal scholarship has begun to address. Missing from the literature, however, is a fundamental critique of the sharing economy grounded in asymmetries of information and power.

This Essay, coauthored by a law professor and a technology ethnographer who studies work, labor, and technology, furnishes such a critique and proposes a meaningful response through updates to consumer protection law. Commercial firms have long used what …

Industry Lobbying And "Interest Blind" Access Norms At International Organizations, Melissa J. Durkee

Articles

The standard approach of international organizations (IOs) makes no formal distinctions between nonprofit private sector associations, known as trade or industry groups, and public interest groups like Amnesty International or Greenpeace. After all, these groups are all organized as nonprofits; they may all be characterized as nongovernmental organizations representing the interests of their memberships; and the groups all seek to advance the agendas of members by offering ideas and expertise to international officials or bodies—classic lobbying activity. Thus, most IOs offer accreditation and access to both private sector and public interest groups on equal terms, without differentiating between them. I …

Hacking Qualified Immunity: Camera Power And Civil Rights Settlements, Mary D. Fan

Articles

Excessive force cases are intensely fact-specific. Did the suspect resist, necessitating the use offorce? What threat did the suspect pose, if any? Was the use of force excessive in light of the situation? These are judgment calls based on myriad facts that differ from case to case. Establishing what really happened forces courts and juries to wade into a fact-bound morass filled with fiercely conflicting defendant-said, police-said battles.

Now an evidentiary transformation is underway. We are in an era where the probability of a police encounter being recorded has never been higher. With the rise of recording—by the public as …

Justice Visualized: Courts And The Body Camera Revolution, Mary D. Fan

Articles

What really happened? For centuries, courts have been magisterially blind, cloistered far away from the contested events that they adjudicate, relying primarily on testimony to get the story—or competing stories. Whether oral or written, this testimony is profoundly human, with all the passions, partisanship and imperfections of human perception.

Now a revolution is coming. Across the nation, police departments are deploying body cameras. Analyzing body camera policies from police departments across the nation, the article reveals an unfolding future where much of the main staple events of criminal procedure law will be recorded. Much of the current focus is on …

The Vested Rights Doctrine: How A Shield Against Injustice Became A Sword For Opportunistic Developers, Steve P. Calandrillo, Chryssa Deliganis, Christina Elles

Articles

In an era of pioneering environmental and land use laws, savvy developers are using the “vested rights” doctrine to circumvent and undermine critical public health, safety, and environmental regulations. This controversy pits two legitimate interests against each other: On the one hand, local governments must have the power to pass land use laws and regulations in the public interest to protect their community’s health, safety, welfare, and environment. On the other, developers who rely on the laws in existence at the time their project is approved should be protected from subsequent changes to the law that could increase transactional costs …

Standards Of Review In Law And Sports: How Instant Replay's Asymmetric Burdens Subvert Accuracy And Justice, Steve P. Calandrillo, Joseph Davison

Articles

A fundamental tension exists in both law and sports: on one hand, adjudicators must “get the decision right” in order to provide fairness to the parties involved, but on the other, they must issue speedy and certain rulings to avoid delaying justice. The certainty principle dictates that courts follow stare decisis in the law even if they believe that an earlier decision was wrong. However, it is often the case that there is a need to reverse earlier decisions or the law itself in order to make the correct call on appeal.

Both law and sports are constantly balancing the …

Electoral Evidence, Peter Nicolas

Articles

Each year, millions of Americans cast votes for specific candidates or on specific ballot measures. Each such vote generates potential "electoral evidence," the admissibility of which may be the subject of dispute in subsequent litigation. The evidence may take various forms, including the marked ballot itself, a voter's testimony regarding her vote, or her written or oral statements regarding her vote.

Electoral evidence is most commonly offered in litigation over the election outcome itself, with the parties seeking to determine how certain individuals voted to resolve a close election. However, its potential relevance is not limited to such proceedings. It …

Regulating Cumulative Risk, Sanne H. Knudsen

Articles

This Article proceeds in four parts. Part I describes how cumulative risk assessments tackle the real-world exposure problems that lie at the heart of public health. It shows how risk science has evolved and why policy, not science, lags behind. Part II then examines why key public health concerns cannot be answered through information disclosure or consumer choice models alone.

Having established that regulatory drivers are needed, Part III begins to examine how to move forward. It does so by looking backward and examining how TSCA and FIFRA have failed historically to provide this critical public health focus despite room …

The Other Securities Regulator: A Case Study In Regulatory Damage, Anita K. Krug

Articles

Although the Securities and Exchange Commission is the primary securities regulator in the United States, the Department of Labor also engages in securities regulation. It does so by virtue of its authority to administer the Employee Retirement Income Security Act (ERISA), the statute that governs the investment of retirement assets. In 2016, the DOL used its securities regulatory authority to adopt a rule that, for the first time, designates securities brokers who provide investment advice to retirement investors as fiduciaries subject to ERISA's stringent transaction prohibitions. The new rule's objective is salutary, to be sure. However this Article shows that, …

Table Of Contents

Georgia Law Review

No abstract provided.

You Have The Right To Free Speech: Retaliatory Arrests And The Pretext Of Probable Cause, Katherine G. Howard

Georgia Law Review

An important question about an individual's First
Amendment freedoms arises when a citizen or journalist is
arrested while verbally challenging, filming, or writing
about police actions. Did the police officer have legitimate
law enforcement reasons for the arrest, or was the arrest in
retaliationfor engaging in First Amendment activities the
officer did not like? Courts have grappled with the best
way to resolve this question, often importing the Fourth
Amendment's bright-line rule about probable cause into
analyses of FirstAmendment retaliatoryarrest claims and
barringthose claims were the officer had probable cause to
arrest. This Note argues that when retaliatory arrest
claims …

Table Of Contents

Georgia Law Review

No abstract provided.

Remembrances - Marvin H. Shoob, Kevin Conboy

Georgia Law Review

The late Judge Marvin H. Shoob, United States District Court
Judge for the Northern District of Georgia, Atlanta Division, 1979-
2016, will be remembered by the world as a distinguished,
brilliant, and hard working jurist who always tried to do the right
thing. He will be remembered by his family as a loving husband,
father, grandfather, and member of his larger family. And to the
Atlanta community, he will be remembered as a wonderful
example of a good man. But to a fortunate cadre of twenty-five or
so lawyers, his law clerks over the years, Judge Shoob was the best …

The Original Meaning Of "Emoluments" In The Constitution, Robert G. Natelson

Georgia Law Review

THE ORIGINAL MEANING OF
"EMOLUMENTS" IN THE CONSTITUTION
Robert G. Natelson*
This Article explores the original meaning of the
word "Emolument(s)" in the Constitution. It identifies
four common definitions in founding-era political
discourse. It places the constitutional use within its
context as part of a larger reform movement in Britain
and America and as driven by other historical events.
The Article examines how the word was employed in
contemporaneous reform measures, in official
congressional and state documents, in the
constitutional debates, and in the constitutional text.
The author concludes that the three appearances of
"emoluments" in the Constitution had a …

Give It To Me, I'M Worth It: The Need To Amend Georgia's Record Restriction Statute To Provide Ex-Offenders With A Second Chance In The Employment Sector, Bonita A. Huggins

Georgia Law Review

In the era of mass criminalization, where over 70
million Americans and almost four million Georgians
have a criminal record, the collateral consequences that
accompany criminal records have become barriers to
employment for many ex-offenders trying to reenter the
workforce. Blanket exclusionary hiring policies that
apply to all individuals with a record regardless of the
nature of the offense or time since its commission have
left a portion of the population with little to no
opportunity to act as productive, contributing members
of society.
Georgia's current statutory scheme built to alleviate
the effects of the collateral consequences of a criminal …

Richmond Law Magazine: Summer 2017, University Of Richmond

Richmond Law Magazine

Features:

Destination Education

Land of the Lawyers

The Case for Clemency

Volume 41, No. 3

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Marina Bruggeman

Digital Editor: Jessica Patrick

Editors: Theron Davis, Lisandra Naranjo Hernandez, Melissa Pike

The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Towards A Relational Conceptualization Of The Right To Personal Autonomy, Yael Braudo-Bahat

American University Journal of Gender, Social Policy & the Law

This Article lays the foundation for a relational conceptualization of the right to personal autonomy, where personal autonomy is perceived as a fluid and dynamic competency, which evolves and flourishes through one’s web of relationships. On its face, the more common, liberal conception of personal autonomy seems more fitting for the articulation of the right to personal autonomy, as most Western legal systems are based on liberal grounds. Indeed, several liberal legal scholars have addressed the right to personal autonomy and the state’s duty to promote it. Nonetheless, I show that the liberal conception of autonomy is limited in its …

A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks

American University Journal of Gender, Social Policy & the Law

The narrative of African Americans’ quest for racial equality and social justice in the Twentieth Century is typically construed in the context of main-line civil rights organizations—e.g., NAACP, SCLC, SNCC, and the like. However, for decades, black fraternal networks had been helping to lay the groundwork for the major civil rights campaigns that culminated in the Civil Rights Act of 1964. In 1938 Alpha Kappa Alpha Sorority, Incorporated created the National Non-Partisan Lobby on Civil and Democratic Rights (“NPC”), later renamed the National Non-Partisan Council on Public Affairs. It was the first full-time congressional lobby for minority group civil rights. …

Jasta Straw Man? How The Justice Against Sponsors Of Terrorism Act Undermines Our Security And Its Stated Purpose, Katherine Holcombe

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Family Is What You Make It? Legal Recognition And Regulation Of Multiple Parents, Haim Abraham

American University Journal of Gender, Social Policy & the Law

Multiparental family structures, in which there are more than two parents, are becoming increasingly common. Thus, they defy the social and legal conception of the nuclear family. Yet, despite the growing number of multiparental families, their legal status in most jurisdictions is not recognized, leaving various issues unaddressed and potentially risking the children’s best interests. This paper examines how the legislatures and courts of California, Canada, and the U.K. recognize and regulate multiparental families. It shows that the treatment of multiparental families varies from non-recognition of any status, through regulation of the multiparental family, to the recognition of the multiparental …

Trickle-Down Bullying And The Truly Great American Response: Can Responsible Rhetoric In Judicial Advocacy And Decision-Making Help Heal The Divisiveness Of The Trump Presidency?, Maureen Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Criminalizing Nonviolent Dissent: New York's Unconstitutional Repression Of The Boycott, Divestment, Sanctions (Bds) Movement, Dalal Hillou

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Amicus Brief In Jae Lee V. United States, Jenny M. Roberts

Amicus Briefs & Court Filings

This amicus brief was filed on behalf of the Immigrant Defense Project, the Immigrant Legal Resource Center and the National Immigration Project of the National Lawyers Guild in support of the petitioner in Jae Lee v United States, No. 16-327. The Supreme Court ruled in favor of Mr. Lee, holding that Lee met his burden of showing that his attorney's erroneous advice about deportation prejudiced him. The Court found that it would not have been irrational for Lee to reject the plea he accepted and go to trial, despite the fact that he was "almost certain" to lose at trial. …

Brief For Amici Curiae Scholars Of Immigration Law In Support Of Plaintiffs-Appellees And Affirmance In Hawaii V. Trump, 2017 U.S. 9th Cir., Anita Sinha

Amicus Briefs & Court Filings

No abstract provided.

Energy Subsidies: Worthy Goals, Competing Priorities, And Flawed Institutional Design, David M. Schizer

Faculty Scholarship

The United States uses on targeted subsidies for both "green" energy and hydrocarbons. These subsidies pursue worthwhile goals. But unfortunately, many have design flaws that make them less effective or even counterproductive. The goal of this Article is to show how to do better.

Specifically, this Article focuses on three sets of issues. First, there often is tension between our environmental and national security goals. Unfortunately, the economics literature on energy largely ignores these trade-offs by omitting national security from the analysis. This Article takes issue with this approach and suggests ways to manage these trade-offs. Second, this Article argues …