Law Commons^™

The Ghost In The Machine: Artificial Intelligence In Law Schools, Emily M. Janoski-Haehlen, Sarah Starnes

Akron Law Faculty Publications

This article addresses the different topics law schools are teaching and how each either succeeds or fails at teaching students to be technologically competent. This article provides a small guide to some of the proven-successful classes and technologies taught and how they can be incorporated into a law school's current curriculum. This article aims to assist in creating a bright line and uniform standard to assist all law schools in producing "tech-savvy" lawyers. A big part of being technologically competent is the ability to understand and utilize, not rely on, artificial intelligence. This article discusses the use of artificial intelligence …

Why The Policy Failures Of Mass Incarceration Are Really Political Failures, John F. Pfaff

Faculty Scholarship

In his forthcoming book, The Insidious Momentum of Mass Incarceration, Franklin Zimring argues that the most effective way to end mass incarceration is to target the policy failures that drive it. He focuses in particular on the “prosecutorial free lunch”: prosecutors are county-funded officials who can send as many people as they like to state-funded prisons, which is a classic moral hazard problem. While Zimring is correct to focus on how relatively technocratic issues have posed outsized and underappreciated problems, his analysis suffers from some important shortcomings. In particular, he gives too little attention to the politics that have …

Encouraging Healing For Home Health Aides.Pdf, Joann Sahl

Akron Law Faculty Publications

The United States faces a national crisis to provide adequate carefor its aging population. A critical component of this crisis is thenation’s inability to provide enough home health care aides to assistwith important, if not vital, long-term care needs.This Article identifies a labor pool to help resolve this crisis: quali-fied workers with criminal convictions. But home health care aideswith criminal convictions face an inhospitable landscape. Employersin the health care field are risk-averse to hiring these workers.Furthermore, most states’ laws impose permanent employment banson home health aides with criminal convictions.The Article examines the warren of laws used to disqualify homehealth care …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 15 (2020).

Culture, Morality, And The Law: The Treatment Of Homosexuals In Jamaica, Donovan Mcfarlane

Intercultural Human Rights Law Review

This paper presents the issue from the diverse contextualities including religion, natural law jurisprudence, culture and rule of law using the New Haven School of Jurisprudence methodology in dissecting the treatment of homosexuals in the island nation of Jamaica.

Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam

Intercultural Human Rights Law Review

In 2001, the chocolate industry adopted the Harkin-Engel Protocol, also referred to as the Chocolate Industry Protocol, in which it "publicly acknowledged the problem of forced child labor" with a promise to "commit significant resources to address it" and ensure that "cocoa beans and their derivative products have been grown and/or processed without any of the worst forms of child labor." The noble goals set forth in this voluntary, self-regulating agreement were to be attained by 2005. Twenty years have passed since the signing of the Chocolate Industry Protocol (CIP). The purpose of this paper is to determine the effectiveness …

Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini

Intercultural Human Rights Law Review

Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.

Abortion In The United States: A Cry For Human Dignity, James J. Zumpano, Jr.

Intercultural Human Rights Law Review

In recent years, the debate surrounding abortion has taken flight. It has been one of the most discussed and most controversial topics in the history of the United States as well as around the world. This article undertakes a critical analysis of whether mothers in the United States should maintain their exclusive privacy right to choose to terminate a pregnancy or whether unborn babies also have substantive due process rights, in particular a right to life. The gestational process of human development as well as pregnancy from the mother's perspective shall first be addressed. The various types of abortion procedures, …

Chancery Court Finds Merger Agreement Preserved Sellers' Privilege Over Pre-Merger Attorney-Client Communication, Robert S. Reder, Jacob R. Haskins

Vanderbilt Law Review En Banc

No abstract provided.

Land Of The Falling "Poison Pill" Understanding Defensive Measures In Japan On Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Embraced by United States ("U.S.") managers in the 1980s as a lifeline in a sea of hostile takeovers, the poison pill fundamentally altered the trajectory of American corporate governance. When a hostile takeover wave seemed imminent in Japan in the mid-2000s, Japanese boards appeared to embrace this American invention with equal enthusiasm. Japan's experience should have been a ringing endorsement for the utility of American corporate governance solutions in foreign jurisdictions -but it was not to be. Japan's unique interpretation of the "poison pill" that was so eagerly adopted by Japanese companies in the mid-to-late 2000s has turned out to …

Nations And Markets, Harlan G. Cohen

Scholarly Works

Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers like the purchase of Grindr or the creation of TikTok. The provision of 5G has become a diplomatic battleground – Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The U.S. invoked the GATT national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the UAE to excuse theirs of Qatar. And with the spread of COVID-19, states …

Regulating Impartiality In Agency Adjudication, Kent H. Barnett

Scholarly Works

Which should prevail—the Take Care Clause of Article II or the Due Process Clause? To Justice Breyer’s chagrin, the majorities in Lucia v. SEC and Free Enterprise Fund v. PCAOB expressly declined to resolve whether the U.S. Constitution condones SEC administrative law judges’ and other similarly situated agency adjudicators’ current statutory protection from at-will removal. The crux of the problem is that, on one hand, senior officials may use at-will removal to pressure agency adjudicators and thereby potentially imperil the impartiality that due process requires. On the other hand, Article II limits Congress’s ability to cocoon executive officers, including potentially …

A Rules-Based Approach To Jam’S Restrictive Immunity: Implications For International Organizations, Desiree Leclercq

Scholarly Works

U.S. jurisprudence has granted international organizations immunity from suit, even when they carry out operations that violate U.S. rules. In the recent Jam v. Int’l Fin. Corp., the Supreme Court reversed this jurisprudence and restricted the immunity of international organizations. Jam is a landmark decision, but the Court’s failure to address critical questions concerning the scope and meaning of its restricted immunity has led to legal uncertainty and criticism. Under both predominant theories in the international organization discourse – functionalism and constitutionalism – scholars predict that Jam will have a deleterious impact on international organizations. Given the theories’ emphasis on …

A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger

Scholarly Works

Are the red bars found on Florida's state flag a remnant of early twentieth-century nostalgia for the Confederacy? Who first proposed this design and why? What did this change mean to the citizens who witnessed it? This Article is an attempt to answer these questions by approaching them through the lenses of original intent and original meaning. In doing so, the Authors advance new strategies for decision-makers interested in uncovering the motives of those who first erected or affixed allegedly Confederate monuments and symbols.

Alston And Heyns On Unlawful Killings: A Compendium Of The Jurisprudence Of The United Nations Special Rapporteurs On Extrajudicial, Summary Or Arbitrary Executions From 2004-2016, Philip G. Alston, Christof Heyns, Sarah Knuckey, Thomas Probert

Faculty Books

This book provides a detailed overview of the law and policy related to unlawful killings and the right to life. It is organized into the key thematic issues and types of killings that arose during the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004-2016. Each chapter contains an introductory overview and selected extracts from UN Special Rapporteur reports to the United Nations General Assembly and the Human Rights Council and other normative work, and covers the applicable international law, policy considerations, and common fact scenarios.

Philip Alston held the mandate of United Nations Special …

Populism And International Human Rights Law Institutions: A Survival Guide, Laurence R. Helfer

Faculty Scholarship

Confronting hostile governments is nothing new for international human rights courts, treaty bodies, and other monitoring mechanisms. Yet there is a growing sense that the recent turn to populism poses a new type of threat that international human rights law (IHRL) institutions are ill equipped to meet. This chapter begins by identifying the facilitating conditions that have, until recently, supported the international human rights system. It then assesses the distinctive challenges that populism poses to IHRL institutions. Turning from diagnosis to prescription, the chapter reviews a range of legal and political tools that might be deployed to address those challenges …

Roadmap To Enrolling Diverse Law School Classes, Volume 4: Contextualizing Admission Factors, Accesslex Institute

AccessLex Institute Research

Law student diversity is critical to the robust exchange of ideas that is the basis of legal education. Unfortunately, many law schools struggle to enroll classes that reflect the demographics of the regions, states, and even cities in which they are located. A commonly cited reason for the dearth of diversity in many schools is that the pool or “pipeline” of eligible prospective students is not diverse itself.

The premise of this critique is rooted in the manner in which “merit” in the admission process is conceived. LSAT scores are the most prominent admission factor. Past academic performance, typically undergraduate …

Nambe Pueblo Tribal Court Handbook (2020), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Santa Ana Pueblo Tribal Court Handbook (2020), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Blue Lives Memorialized: Collective Memory And The Production Of Ideology And Injustice In American Policing, Douglas Hyatt Peach

Online Theses and Dissertations

Police memorials are physical objects in public spaces, objects which seed our own cultural and personal ideologies, beliefs, and behaviors and which command our collective attention. Using qualitative research methodology, this visual ethnography looks at the unique and inherent power of police memorialization through the 2015 death of officer Daniel Ellis of the Richmond, Kentucky police department and the subsequent actions of the surrounding community and state officials. The purpose of this study was to document the widespread visual culture and iconography associated with memorialization, including the origin and placement of physical memorials made in honor of Ellis, thin blue …

The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

The Policy on Children published by the International Criminal Court Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children.

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick

Scholarly Works

In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.

Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding leadership. …

Embrace The Sec, Usha Rodrigues

Scholarly Works

Securities law traditionally only permits corporations that have registered with the Securities and Exchange Commission (SEC) and completed an initial public offering (IPO) to sell equity to the general public—often a long, expensive process. Initial coin offering (ICOs) emerged in 2013 as a fundraising tool for non-public blockchain-based companies to raise billions of dollars while circumventing the SEC and public offering process altogether. But their early success brought the attention of the SEC, and in 2017 the SEC asserted the right to regulate ICOs. Since then, U.S. ICO promoters have struggled to avoid the SEC’s assertion of jurisdiction, contorting their …

Felony Disenfranchisement & The Nineteenth Amendment (Symposium), Michael Gentithes

Akron Law Faculty Publications

This Article examines the historical response to those arguments and suggests that they can be applied forcefully in the contemporary debate over felony disenfranchisement. Suffragists raised two arguments in response to coverture-based contentions against women enfranchisement: first, that men simply did not represent women's interests in politics, instead subordinating them ever further both in family structures and the public sphere; and second, that women had something important to add to the political conversation that would be missing as long as they were excluded from the debate. Similarly, felony disenfranchisement laws are based upon the fiction that there is a distinction …

The International Law Origins Of American Federalism, Anthony J. Bellia Jr., Bradford R. Clark

Journal Articles

Courts and commentators have long struggled to reconcile prominent federalism doctrines with the text of the Constitution. These doctrines include state sovereign immunity, the anticommandeering doctrine, and the equal sovereignty of the States. Supporters of such doctrines have generally relied on the history, structure, and purpose of the Constitution rather than its text. Critics have charged that the doctrines lack adequate support in the Constitution's text and are the product of improper judicial activism. This Article suggests a way to reconcile federalism and textualism by looking to a surprising source-international law. The Constitution contains numerous references to "States," and the …

A Parsimonious Equity?: Discussion Of Equity: Conscience Goes To Market, Samuel L. Bray

Journal Articles

Equity has always had enemies. As Professor Irit Samet notes in her agile and insightful new book, Equity: Conscience Goes to Market, these enemies have lodged two main complaints. One is that equity is not distinctive, and for that reason should be eliminated. The other is that equity is distinctive—and dangerous—and for that reason should be eliminated.

The Complexities Of Democracy, Development, And Human Rights In China's Belt And Road Initiative, Diane Desierto

Journal Articles

China's Belt and Road Initiative (BRI)-a dense network of China-funded multi-year infrastructure projects in over 65 countries from the Western Pacific to the Baltic Sea, collectively aiming to establish China's strategic "Maritime Belt" and "Silk Road" connectivity using an estimated range of USD$1 Trillion to USD$8 Trillion--is as unprecedented phenomenon in sovereign project financing and bilateral investment lending, since the United States' grant of USD $800 Billion for the Marshall Plan was for Europe's post World War II reconstruction. The scale, scope, and terms of BRI projects remain shrouded in relative opacity, with China as of this writing only incrementally …

China's Maritime Law Enforcement Activities In The South China Sea, Diane Desierto

Journal Articles

China, one of the territorial and maritime claimants of the South China Sea, declared in April 2020 that it had created two new administrative districts in the South China Sea:

Xisha district, covering the Paracel Islands and Macclesfield Bank, and Nansha district covering the Spartly [sic] Islands .... The new administrative districts are to be under the authority of the local government in Sansha, a city located on Woody Island which is administratively part of Hainan province. The Xisha district will be based in Sansha while the Nansha district will operate from Fiery Cross Reef in the Spratlys.

Sansha City …

Religious Freedom And The Churches: Contemporary Challenges In The United States Today, Richard W. Garnett

Journal Articles

A crucial, but often overlooked, dimension of the human and constitutional right to religious freedom is the autonomy of religious institutions, associations and societies with respect to matters of governance, doctrine, formation and membership. Although the Supreme Court of the United States has affirmed this autonomy in the context of American constitutional law, it is vulnerable, and even under threat, for a variety of reasons, including a general decline in the health of civil society and mediating associations and a crisis of confidence and authority caused by clerical sexual abuse and churches’ failure to respond to it.

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Journal Articles

Professor Robert Cochran's work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer's writing, one that has continued through and been developed in Cochran's, is "community." This Essay explores and unpacks this theme and highlights several ways that the idea of "community" functions in their vision of the lawyer 's role and vocation.