Law Commons^™

Tiktok Is On The Clock, Will Democracy Stop?, Jenna Koleson

SLU Law Journal Online

On August 6, 2020, President Trump issued an executive order to deal with a supposed national emergency: TikTok. Jenna Koleson discusses how this severe response to abstract national security concerns sets a dangerous precedent for democracy.

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel

Journal of Law and Mobility

The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact.

This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many states …

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus, …

Masthead

San Diego Law Review

No abstract provided.

Submission To The Justice And Electoral Committee On The Search And Surveillance Bill 2009, Samuel Beswick, William Fotherby

All Faculty Publications

This submission to the Justice and Electoral Select Committee of the New Zealand Parliament addresses the surveillance regime created by the Search and Surveillance Bill 2009.

J.P. Carey Enterprises Order Granting Defendant Cuentas’S Motion To Strike, Kelly Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Lethal Autonomous Weapon Systems: Translating Geek Speak For Lawyers, Linell A. Letendre

International Law Studies

This article provides an overview of robotics and autonomous systems so that attorneys can better understand the systems and design principles of lethal autonomous weapon systems (LAWS) that may be used in an armed conflict. Using the lens of establishing a common language between engineers and attorneys, the article introduces the basics of robotics terminology, explores how autonomous systems work by explaining control systems and control architecture, and examines how autonomous systems learn and reason. It also suggests a number of questions attorneys should ask engineers during the design process in order to ensure autonomous systems are designed in a …

Mission Command Of Multi-Domain Operations, Mark Balboni, John A. Bonin, Robert Mundell, Doug Orsi

Books, Monographs & Collaborative Studies

This research monograph explores the Army’s emerging concept of multi-domain operations and its implications on the mission command approach. The transition to multi-domain operations changes the traditional view of how Army commanders and staffs conduct operations in the physical environment to include simultaneously operations in the information environment within the competition continuum.

This monograph will utilize the introduction of the aircraft during World War I as a historical case study for the integration of new domains. The Army has integrated new domains in the past and this example provides the historical context for the challenges involving integration of new domains. …

‘Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?, Cynthia Williams

Canada Climate Law Initiative

The Canada Pension Plan (CPP) is one of the world’s largest public pension funds, with $409.5 billion in assets under management as of March 31, 2020. The mandate of the CPP Investment Board (CPPIB) is to manage the funds of the CPP in the best interests of Canadian Pension Plan contributors and beneficiaries, and to maximize investment returns without undue risk of loss. As CPP Investments CEO and President Mark Machin has recently observed, “our investment mandate and professional governance insulate our decision-making from short term distortions and gives us license to help shape the long-term future.” (In 2020, CPPIB …

Uber Case, Competition Law Implications In Europe And Latin America: Defenders Of The Old Economy Versus Advocates Of The Digital Revolution, Lavinia Meliti

ILSA Journal of International & Comparative Law

No abstract provided.

A Radiographic Analysis Of Compliance With The Decisions Of The Inter-American Court Of Human Rights, Max Silva Abbott

ILSA Journal of International & Comparative Law

This study examines the compliance level of all Inter-American Court of Human Rights judgments until December 31, 2018. The paper contrasts the data on implementation with the majority narrative regarding the degree of influence that the Inter-American Court has in protecting human rights. It also includes an Annex listing all court cases and judgments until December 2018 (Judgements on Merits, Complementary Judgments, Provisional Measures, Monitoring Compliance with Judgment and Reimbursement), and their corresponding implementation status (full compliance, partial compliance, unfulfilled, pending).

Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith

C-DRUM Publications

Baltimore City Public Schools (City Schools) and other school districts across the United States are implementing restorative practices (RP) to improve school climate by building meaningful relationships in school communities, reframing school discipline, and supporting student safety, well-being, and success. This transformational approach centers student voice and agency, and enhances students’ engagement and participation in their own learning. The Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law and Open Society Institute – Baltimore (OSI) collaborated to create The Restorative Practices in Baltimore City Public Schools: Research Updates and Implementation Guide. The purpose of …

Undefeated - Women Still Don't Have Equal Rights (Or = Pay) Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Women Still Don't have Equal Rights (Or = Pay) poster

History of Equal Rights Amendments for Women.

Undefeated - Jim Crow Laws Ended With The Civil Rights Act, Or Not? Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.

(In)Formal Marriage Equality, Michael J. Higdon

Scholarly Works

In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive — either through death or dissolution — to see marriage equality become the law of the land? Or those who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the …

Undefeated - Bicycle Cut-Outs To Promote Voting Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Bicycle Cut-outs To Promote Voting poster

Includes instructions for cut-out to include artists' names.

(In)Formal Marriage Equality, Michael Higdon

College of Law Faculty Scholarship

In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive — either through death or dissolution — to see marriage equality become the law of the land? Or those who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

Law Faculty Scholarship

[Excerpt] "Entrepreneurship provides a path to prosperity for many people. In particular, women and minorities prefer entrepreneurship as their path to achieve the American Dream. In their striving, their startups and small businesses benefit our entire society. Entrepreneurial innovation has a positive impact on social welfare. For these reasons, the federal government has implemented numerous policies designed to support small businesses and promote startup innovation."

Securities Regulation And Social Media, Seth C. Oranburg

Law Faculty Scholarship

Federal securities regulation originally divided corporate finance into two neat categories, public and private. In 1933, private financing was limited to “sophisticated” investors but otherwise lightly regulated. Public financing became heavily regulated. In 1982, the SEC introduced Reg D, which introduced the concept of “general solicitation” to clarify the distinction between public and private offerings. Reg D is well understood to prohibit newspaper advertisements and permit direct solicitations to venture capital investors. This enabled great wealth consolidation in regions like Silicon Valley while effectively banning general solicitations in private offerings.

Now, social media communication challenges the definition of “general solicitation.” …

Reflections On Untethered Philosophy, Settlements, And Nondisclosure Agreements, Marjorie Corman Aaron

Faculty Articles and Other Publications

The potentially harmful consequences of nondisclosure agreements in private settlements are troubling. They are a legal system problem, however, for which ADR is not to blame. Unless NDAs were prohibited for all legal claims, prohibiting them in mediated settlements would create greater incentives for pre-litigation direct settlements. The result would be less, not more, public awareness of (alleged) misdeeds.

Is Demilitarizing Military Justice An Ethical Imperative For Congress, The Courts, And The Commander-In-Chief?, Dan Maurer

Hofstra Law Review

This symposium introduction to ethics in military justice highlights that professional responsibility norms, expectations, and problems impact and imperial this discipline just as they do in any other criminal justice system. But in such a dizzyingly specialized criminal justice schema, the problems and perils of legal ethics and professional responsibility are both heightened and clouded by their seemingly difficult remoteness. Because the context of military justice implicates -- to various degrees -- national security, and not just individual cases and individual parties, special attention is owed in several critical areas. Political interference in military prosecutions has a long history, and …

Raising The Impact Factor Of The Library: Using The U.S. News & World Report’S Upcoming Academic Impact Law School Rankings To Boost The Academic Standing Of Law Librarians, Paul Mclaughlin

Law Library Faculty Scholarship

This article recommends that law libraries and their librarians use the upcoming U.S. News & World Report’s academic rankings for law schools as an opportunity to enhance academic law libraries’ standing in the legal profession and to elevate law librarians’ statures within law schools.

This is an original manuscript / preprint of an article published by Taylor & Francis in Legal Reference Services Quarterly on Sept. 18, 2020, available online: https://doi.org/10.1080/0270319X.2020.1818476.

Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe

BYU Education & Law Journal

Since inception, affirmative action programs have been char-acterized as everything from institutional ‘reverse’ racism, to neces-sary plans that seek to ameliorate decades of racism. Data from the Pew Research Center indicates that a large majority of Americans support affirmative action. When asked whether “[a]ffirmative ac-tion programs designed to increase the number of black and minori-ty students on college campus are. . . good or bad,” 71% of respond-ents answered “good” in 2017.16 This is a significant increase in the percentage of Americans responding favorably to affirmative action programs. In comparison, when Americans were asked the same question in 2003, just …

Frand And Antitrust, Herbert Hovenkamp

Cornell Law Review

No abstract provided.

Give Grandma Her Ganja: Exploring The Need For An Exception To The Controlled Substances Act To Allow For Medical Marijuana Administration In Nursing Homes And Other Skilled Nursing Facilities, Katelyn Vaiana

Hofstra Law Review

No abstract provided.

Tired Of Looking Gray And Boring Online? A Simple 3-Camera Tv Studio/Classroom For Lively Online Teaching, Glenn Harlan Reynolds

Scholarly Works

Tired of the dreary webcam-look in my online classroom, I created a fairly simple and reasonably inexpensive three-camera studio using real video cameras for online teaching. This paper outlines how it was done, and provides suggestions for simpler, cheaper alternatives that are still far superior to traditional webcam approaches.

Diversity & Inclusion Update, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Asians, Native Hawaiians, and other Pacific Islanders and the legal profession.

Fordham Lawyer, No. 18 - Fall 2020, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Undefeated - Disinformation Memes Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Disinformation memes poster

The poster displays memes for encouraging seeking true voter information to and calls out Facebook for allowing fake news

Undefeated - Introduction Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - introduction poster

The right to vote is fundamental to a constitutional democracy. Any action to restrict protections to every citizen's right to vote is anathema to our democracy.