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2019

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Articles 2611 - 2640 of 12031

Full-Text Articles in Law

Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz Aug 2019

Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz

Indiana Journal of Global Legal Studies

The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …

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A Georgist Perspective Of Petroleum Taxation, Joseph Leeson Aug 2019

A Georgist Perspective Of Petroleum Taxation, Joseph Leeson

Indiana Journal of Global Legal Studies

Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …

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Defining Critical Infrastructure For A Global Application, Colleen M. Newbill Aug 2019

Defining Critical Infrastructure For A Global Application, Colleen M. Newbill

Indiana Journal of Global Legal Studies

A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: ''global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders …

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Editor's Note, John Mcmackin Aug 2019

Editor's Note, John Mcmackin

Indiana Journal of Global Legal Studies

As another year draws to a close, and another publishing cycle reaches completion, it is incumbent upon those of us here at the journal to recognize and thank several people.

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The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth Aug 2019

The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth

Indiana Journal of Global Legal Studies

While theory offers important insights into property's normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship …

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The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury Aug 2019

The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury

Indiana Journal of Global Legal Studies

The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the "dogmatic philosophy of recognition" and how they can be overcome through his articulation of "the Encounter" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. …

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The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco Aug 2019

The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco

Indiana Journal of Global Legal Studies

This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU Court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights …

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"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal Aug 2019

"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal

Indiana Journal of Global Legal Studies

President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …

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Mistaken About Mistakes, Kathryn Zeiler Aug 2019

Mistaken About Mistakes, Kathryn Zeiler

Faculty Scholarship

Theoretical work in behavioral economics aims to modify assumptions of standard neoclassical models of individual decision-making to better comport with observed behavior. The alternative assumptions fall into at least two categories: nonstandard preferences and psychological mistakes. Applications of behavioral economics models in law, however, tend to assume that deviations from standard neoclassical models are meant to build in psychological mistakes that produce regrettable choices. Often follow-on policy prescriptions suggest interventions that either help individuals choose correctly or go further to substitute the “correct” choices for those that mistake-prone individuals might choose in error. Such policy prescriptions are ill suited in …

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The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello Aug 2019

The Future Of Law And Economics And The Legacy Of Guido Calabresi, Wendy J. Gordon, Alain Marciano, Giovanni B. Ramello

Faculty Scholarship

In 1991, the American Law and Economics Association identified Guido Calabresi, Ronald Coase, Henry Manne and Richard Posner as the founders of the 'law and economics' movement. The European Journal of Law and Economics has already devoted a special issue to each of the last three. It is now Calabresi's turn. The order has no particular meaning and the current issue in Calabresi's honor does not depend on a desire to complete the list. Rather, we waited for a very special occasion to celebrate Calabresi's work - the publication of his latest book, The Future of Law and Economics (2016).

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Data Philanthropy, Yafit Lev-Aretz Aug 2019

Data Philanthropy, Yafit Lev-Aretz

UC Law Journal

The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic researcher’s alleged misuse of Facebook users’ data on behalf of Cambridge Analytica has brought data philanthropy into the spotlight of public debate. Calls for data ethics and platform transparency have highlighted the urgent need for standard setting and democratic oversight in the use of corporate data for public ends. Data philanthropy has also received considerable scholarly attention in various academic disciplines but has, until now, been virtually overlooked …

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Sjsj Masthead Aug 2019

Sjsj Masthead

Seattle Journal for Social Justice

No abstract provided.

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The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers Aug 2019

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …

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On Posner On Copyright, Tim Wu Aug 2019

On Posner On Copyright, Tim Wu

University of Chicago Law Review

No abstract provided.

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Richard Posner, The Decline Of The Common Law, And The Negligence Principle, Saul Levmore Aug 2019

Richard Posner, The Decline Of The Common Law, And The Negligence Principle, Saul Levmore

University of Chicago Law Review

No abstract provided.

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Posner’S Pragmatic Justiciability Jurisprudence: The Triumph Of Possibility Over Probability, Eugene Kontorovich Aug 2019

Posner’S Pragmatic Justiciability Jurisprudence: The Triumph Of Possibility Over Probability, Eugene Kontorovich

University of Chicago Law Review

No abstract provided.

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Judges And Judgment: In Praise Of Instigators, Kathryn Judge Aug 2019

Judges And Judgment: In Praise Of Instigators, Kathryn Judge

University of Chicago Law Review

No abstract provided.

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Posner On Vertical Restraints, C. Scott Hemphill Aug 2019

Posner On Vertical Restraints, C. Scott Hemphill

University of Chicago Law Review

No abstract provided.

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Front Matter / Editorial Information Aug 2019

Front Matter / Editorial Information

University of Chicago Law Review

No abstract provided.

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Assisted Dying For Prison Populations - Lessons From And For Abroad, Jocelyn Downie, Adelina Iftene, Megan Steeves Aug 2019

Assisted Dying For Prison Populations - Lessons From And For Abroad, Jocelyn Downie, Adelina Iftene, Megan Steeves

Articles, Book Chapters, & Popular Press

No abstract provided.

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Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay Aug 2019

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Articles

Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …

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Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham Aug 2019

Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham

Articles & Book Chapters

Indigenous peoples around the world are concerned about the long-term impacts of industrial activities and natural resource extraction projects on their traditional territories. Environmental impact studies, environmental risk assessments (EAs), and risk management protocols are offered as tools that can address some of these concerns. However, these tools are not universally required in jurisdictions, and this Forum intervention considers whether these technical tools might be reshaped to integrate Indigenous communities’ interests, with specific attention to traditional knowledge. Challenges include unrealistic timelines to evaluate proposed projects, community capacity, inadequate understanding of Indigenous communities, and ineffective communicatio, all of which contribute to …

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Cybersecurity Paradigm Shift, The Risk Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J. K. Sandoval Aug 2019

Cybersecurity Paradigm Shift, The Risk Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J. K. Sandoval

Faculty Publications

This Article contends that the Federal Communications Commission’s (FCC) January 2018 repeal of net neutrality rules creates cybersecurity vulnerabilities for the energy sector and other critical infrastructure. Unbridled from enforceable net neutrality rules, Internet Service Providers (ISPs) create systemic supply chain risks as the Internet has become embedded into the energy sector’s distributed ecosystem. This Article argues that cybersecurity has been primarily viewed from a “hacker paradigm” that obscures systemic threats such as those posed by an ISP since firewalls and traditional cybersecurity techniques do not protect against ISP conduct. The Article contends that the FCC’s failure to consider the …

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Like Me, Do What I Say, & Think About My Influence: The Effects On Witness Choosing And Metacognition, Brittany Race Aug 2019

Like Me, Do What I Say, & Think About My Influence: The Effects On Witness Choosing And Metacognition, Brittany Race

Graduate Theses and Dissertations

Confidence can be a strong predictor of accuracy if circumstances are ideal (Wixted & Wells, 2017), but ideal circumstances are not always present. As such it is important to understand ways to ameliorate potentially negative effects on eyewitness metacognition. Rapport building, though seen as an important element of police/witness interaction (Vallano et al., 2015), can lead to some potentially negative memory effects (Wright et al., 2015). Additionally steering, or the process of directing a witness toward a particular suspect, can increase false identifications. Recently the researcher has developed a paradigm meant to better calibrate confidence by reinstating the context of …

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If Not Now, When? U.S. Tax Treaties With Latin America After Tcja, Reuven S. Avi-Yonah Aug 2019

If Not Now, When? U.S. Tax Treaties With Latin America After Tcja, Reuven S. Avi-Yonah

Articles

Since the 1990s, the US tax treaty network has expanded to include most large developing countries. However, there remains a glaring exception: The US only has two tax treaties in Latin America (Mexico and Venezuela), and one pending tax treaty (Chile). The traditional explanation for why the US has no treaty with, for example, Argentina or Brazil is the US refusal since 1957 to grant tax sparing credits to developing countries. Before the Tax Cuts and Jobs Act of 2017 (TCJA), this explanation was wrong, because the combination of deferral and cross-crediting meant that tax holidays in a source country …

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Toward A 21st-Century International Tax Regime, Reuven S. Avi-Yonah, Kimberly A. Clausing Aug 2019

Toward A 21st-Century International Tax Regime, Reuven S. Avi-Yonah, Kimberly A. Clausing

Articles

The international tax regime is almost a century old, and it is showing its age. In recent decades, the regime could be maintained despite increasing evidence that some of its key components, such as the arm’s-length standard or permanent establishment threshold, were unfit for a 21st-century economy. However, starting with the U.K. diverted profits tax (2015), Australia’s multinational anti-tax-avoidance law (2015), and India’s equalization levy (2016), it has become clear that many countries are unwilling to live with a situation in which large U.S. technology companies (such as Amazon, Apple, Facebook, Google, and Netflix) earn billions in profits by exploiting …

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Imaginary Bottles, Jessica Litman Aug 2019

Imaginary Bottles, Jessica Litman

Articles

This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits Barlow's 1994 essay for WIRED magazine, "The Economy of Ideas: A Framework for patents and copyrights in the Digital Age (everything you know about intellectual property is wrong)." Barlow observed that networked digital technology posed massive and fundamental challenges for the markets for what Barlow termed “the work we do with our minds” and for the intellectual property laws designed to shape those markets. He predicted that those challenges would melt extant intellectual property systems into a smoking heap within a decade, and …

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Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard Aug 2019

Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard

Articles

Most research on the gender gap in the legal profession focuses on the private sector. We look at the gender gap in a setting where one might expect the gaps to be smaller: the Division of Enforcement of the Securities and Exchange Commission (SEC), which has a reputation for providing employees with good childcare and work flexibility. We find a substantial gender gap in assignments but only a modest one in pay. Men are also more likely to move laterally and more likely to move to lucrative private-sector jobs. What causes these gaps? The primary explanation for the gender gap …

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Creating A “Good” Olmstead Plan For People With Serious Mental Illness: An Empirical Evaluation Of The Legal Frameworks, Andrea Avila Aug 2019

Creating A “Good” Olmstead Plan For People With Serious Mental Illness: An Empirical Evaluation Of The Legal Frameworks, Andrea Avila

Department of Psychology: Dissertations, Theses, and Student Research

Olmstead v. L.C. ex rel Zimring (1999) was a landmark US Supreme Court decision holding that unjustified segregation of people with disabilities is impermissible discrimination; specifically, if the clinician and client believe community integration to be appropriate, the state must have reasonable accommodations in place for the client to be in the community. Enforcement of the Olmstead decision for people with serious mental illness has taken many shapes, from the DOJ’s settlement agreements requiring substantive development of community mental health services and aggressive community integration protocols, to the Third Circuit approach which requires only lower census numbers in the state …

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The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy Aug 2019

The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy

Law Faculty Scholarly Articles

Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article …

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