Law Commons^™

Eu Air Passengers’ Rights Past, Present, And Future: In An Uncertain World (Regulation (Ec) 261/2004: Evaluation And Case Study), Sarah Jane Fox, Luis Martín-Domingo

Journal of Air Law and Commerce

Passenger rights have continued to be strengthened following deregulation in the European Union (EU—previously the European Community) with common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, and long flight delays. In January 2020, the European Commission (EC) stated that “these rights need to be better known and easier to understand and enforced.” This article considers the emerging role of Claims Management Companies (CMCs) as a step to aid passengers in achieving redress against airlines, undertaking a case study of a CMC in Spain.

The research also addresses the complexities of airline passenger rights, …

Colloquium: The Judicial Role In Professional Regulation: Foreword, Bruce A. Green

Fordham Law Review

In his confirmation hearings, Chief Justice Roberts analogized judges to baseball umpires who only call balls and strikes.1 That is a questionable analogy in general, given that judges’ oversight of court proceedings goes beyond applying the law. But most especially, it is belied by judges’ role in regulating law practice, including judicial practice. With respect to lawyers, judges not only apply the law but make and enforce it. The eleven pieces in this collection, briefly introduced here, reflect the breadth of courts’ authority

Bring On The Pettifoggers: Revisiting The Ethics Rules, Civil Gideon, And The Role Of The Judiciary, Jodi Nafzger

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Punishing Vandalism Correctly In An Access Economy, W.C. Bunting

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Victim Impact Evidence In Capital Cases: Regulating The Admissibility Of Photographs And Videos In The Payne Era, Alexander H. Updegrove

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Last Testament Of Justice Scalia: On Aquinas And Law, Stefanus Hendrianto

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Revitalizing The Implied Warranty Of Habitability, Serge Martinez

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Human Dignity And The Doctrine Of Provocation: A New Approach, Roni Rosenberg

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Elder Financial Abuse: Fiduciary Law And Economics, Ben Chen

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Troubled Waters: Expansion Of The Michigan Public Trust Doctrine In An Era Of Increasing Pollution, Kathryn Zoller

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Protection Or Suppression? Reevaluating The Constitutionality Of Voter Id Laws In Light Of New Empirical Evidence, Jared D. Michael

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Nonprofit Organizations And Anti-Corruption Statutes: Incentives For Compliance, Elizabeth B. Coburn

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Statistical Overview On Data Privacy, Fang Liu

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Charter School Bankruptcy Eligibility Under The “Governmental Unit” Exception, Parth M. Parikh

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Financial Crisis, Antiglobalism Fervor And Entrenchment: A Warning For The United States And United Kingdom, Michael Medved

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Access To Algorithms, Hannah Bloch-Wehba

Fordham Law Review

Federal, state, and local governments increasingly depend on automated systems—often procured from the private sector—to make key decisions about civil rights and liberties. When individuals affected by these decisions seek access to information about the algorithmic methodologies that produced them, governments frequently assert that this information is proprietary and cannot be disclosed. Recognizing that opaque algorithmic governance poses a threat to civil rights and liberties, scholars have called for a renewed focus on transparency and accountability for automated decision-making. But scholars have neglected a critical avenue for promoting public accountability and transparency for automated decision-making: the law of access to …

Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

Recent survey evidence and proposals made in long-running negotiations to improve WTO dispute settlement procedures illustrate that many stakeholders believe the system needs improvement. The Appellate Body crisis could have been avoided but for the use of consensus as WTO working practice. Resolving the crisis should prove possible because the matter mostly concerns a small number of more powerful WTO members. We make several proposals to revitalize the WTO appellate function but argue that unless the WTO becomes a locus for new rulemaking, re-establishing the appellate function will not prevent a steady decline in the salience of the organization. A …

New York’S New Statute On Siting Renewable Energy Facilities, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

As part of a massive budget bill signed into law by Gov. Andrew Cuomo on April 3, New York has adopted the Accelerated Renewable Energy Growth and Community Benefit Act (AREGCBA). It completely revamps the process under which large-scale renewable energy facilities and associated transmission lines receive state and local approvals.

New York Environmental Legislation In 2019, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In 2019, with the Democrats newly in full control of the State Senate, the Assembly and the Governor’s office, New York adopted more environmental legislation than it had in more than a decade. This included a sweeping climate change statute, a new environmental justice article in the Environmental Conservation Law, and a statewide ban on plastic carryout bags. This annual survey reports on these developments and numerous other laws targeting environmental concerns.

The Paradox Of Legal Training And Leadership: A Conversation Between Akilah Folami And Susan Sturm, Akilah Folami, Susan P. Sturm

Faculty Scholarship

Professor Akilah Folami:
Welcome and thank you for coming. I am eager to engage in this opening exchange with Susan Sturm today in hopes that it will help bring to surface some of the issues that undergird the conversations planned for today in the panels. So let us begin. Susan has been teasing out a series of paradoxes that she argues develops in the tensions built into lawyer-leadership, i.e., legal training and leadership development. Her work on these lawyer-leadership paradoxes grows out of her other work that is related to the theme of this conference: Leading Differently Across Difference. She …

Summary: Combating Climate Change With Section 115 Of The Clean Air Act, Jonathan Cannon, Ann E. Carlson, Greg Dotson, Michael B. Gerrard, Justin Gundlach, Jayni Foley Hein, Cale Jaffe, Michael A. Livermore, Jason A. Schwartz, Daniel Selmi, Jessica A. Wentz, Philip S. Barnett, Keith J. Benes, Alexandra E. Teitz

Faculty Scholarship

The scale and scope of the climate crisis calls for comprehensive nationwide efforts to reduce greenhouse gas emissions. New legislation, passed by Congress and signed by the President, is the first and best option for climate action at the federal level. This could be a version of the Green New Deal, a carbon tax, sectoral limits, an emissions cap with compliance trading, or another approach. What matters most is that the legislation effectively cut the greenhouse gas emissions driving the world’s temperatures ever higher. Unfortunately, the prospect for federal legislation is uncertain, while strong and decisive action is needed now. …

Climate Reregulation In A Biden Administration, Michael Burger, Daniel J. Metzger, Hillary Aidun, Susan Biniaz

Faculty Scholarship

On January 20, 2017, Inauguration Day, the Sabin Center for Climate Change Law at Columbia Law School launched the Climate Deregulation Tracker, the first of what would become numerous online trackers, news reports, academic analyses, and other resources designed to spotlight the Trump administration’s use and abuse of executive authority to pursue its agenda to cut back on government regulations and to promote the extraction and use of fossil fuels. The Climate Deregulation Tracker has had a relatively narrow purpose: to keep tabs on the Trump administration’s efforts to dismantle the federal government’s climate-related regulations and policies and help inform …

New York Can Lead World In Fighting Climate Change, Michael B. Gerrard

Faculty Scholarship

New York State now has one of the strongest climate change laws in the world, and if we succeed in implementing it, the state will have demonstrated that it is possible to defeat what may be the greatest threat facing humanity.

Complexity, Judgment, And Restraint, Gerard E. Lynch

Faculty Scholarship

I am honored to have been asked to give this year’s James Madison Lecture. I hesitate to single out any of my extraordinary predecessors at this podium – there are too many great judges to list, and too much risk of slighting any. So I will note only that the list includes both judges for whom I clerked more than forty years ago, Justice William J. Brennan, Jr., and Chief Judge Wilfred Feinberg, of the court on which I now serve. That long-ago law clerk could not have dreamed of being someday in a position once occupied by those two …

Ordinary Tort Litigation In China: Law Versus Practical Justice?, Benjamin L. Liebman

Faculty Scholarship

This essay examines the roles courts play in tort litigation in China, in particular in litigation resulting from death and injury on China’s roads. At first glance traffic accident litigation in China appears to be an area in which courts play minor roles. The police, not courts, are the primary fact-finders. China’s mandatory automobile insurance system has clear guidelines for compensation levels and imposes nearly strict liability in most traffic accident cases. Courts’ roles are, at least in law, largely relegated to calculating damages. Chinese law provides schedules for assessing damages based on average local income levels, and thus outcomes …

Disinformation In The Marketplace Of Ideas, Tim Wu

Faculty Scholarship

It was just one line, nearly a throwaway; technically a subordinate clause. Yet that one clause from Oliver Wendell Holmes’s Abrams dissent breathed life into a metaphor, the “marketplace of ideas,” whose lasting power is undeniable. Nor is it difficult to understand why. Yes, it may be incomplete, inaccurate, and possibly cribbed from John Stuart Mill, but the metaphor matches something we all see. Ideas and ideological programs are out there looking for adherents or “buyers.” In Holmes’s time, progressives, socialists, and fascists courted supporters, just as similar groups do now. Specific ideas like the flat tax or the legalization …

Exemplary Legal Writing 2019: Five Recommendations, G. Edward White, Sarah Seo

Faculty Scholarship

In the song “Natalie Cook” from the musical podcast “36 Questions,” a married couple deals with the fallout from the husband’s discovery that his wife is really an individual named Judith, who “built a past / Made up a history / Details that fit this person named / Natalie.” When the husband accuses the wife, “You’re the one who made her up,” Natalie/Judith responds, “It was a bit more collaborative than you’re remembering.”

The International Joint Commission And Air Pollution: A Tale Of Two Cases, Owen Temby, Don Munton

School of Earth, Environmental, & Marine Sciences Faculty Publications

No abstract provided.

Cross-Border Corporate Insolvency In The Era Of Soft(Ish) Law, John A.E. Pottow

Book Chapters

Insolvency law (bankruptcy law to some) moves so quickly in the cross-border realm that this piece's discussion, started in 2015, is probably already outdated. Nonetheless, I publish it unrepentantly because it turns overdue attention to the role of soft law in this domain. Building on earlier work in which I address the role of incrementalism, I discuss the marked success of the UNCITRAL Model Law on Cross-Border Insolvency and its cognate Insolvency Regulation in the EU (the latter now into its "Recast"). As predicted/hoped, the EU Recast, joining other contemporaneous reform projects, is building upon the scaffolding of legal doctrines …

'Of Sound Mind And Body': A Call For Universal Drug Screening For All Newborns, Frank Vandervort, Vincent J. Palusci

Book Chapters

Substance abuse is a major medical and social problem. Estimates suggest that each year some 15 percent of the 4 million babies born in the United States are exposed to drugs or alcohol. Research demonstrates that exposure to these substances is harmful to the children in both the short term and across their developmental trajectory. This chapter summarizes the harms that might result from such prenatal exposure and considers the ways that both federal and state law respond to this. The chapter argues for universal drug testing of newborns in an effort to ascertain whether they have been prenatally exposed …