Law Commons^™

Against Prosecutors, I. Bennett Capers

Cornell Law Review

No abstract provided.

Developing A Digital Property Law Regime, Kevin Dong

Cornell Law Review

Despite scholarship and conversation of digital and virtual property having been around for well over a decade, we are still stuck in the same cycle of arguing whether property law, contract law, or intellectual property law should govern. The problems, although different in scope from what early scholars had thought, have grown in severity and multitude. We have made some good strides in the scholarship since then. Whether scholars are proponents of property law, contract law, or intellectual property law, they have all recognized that there are some problems with the current governing structure of digital objects. We have a …

Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa A. Gabaldon

Cornell Law Review

No abstract provided.

Disciplinary Sodomy: Prison Rape, Police Brutality, And The Gendered Politics Of Societal Control In The American Carceral System, David Eichert

Cornell Law Review

This Note engages with critical legal scholarship about gender and race to reframe discussions about sodomy in American law. Instead of concentrating on the history and constitutionality of sodomy bans, I instead demonstrate how disciplinary sodomy remains an intrinsic part of the American carceral system. I detail several scenarios in which anal rape and the threat of anal rape have been used by prison staff and law enforcement agents to control male bodies in the American carceral system. I then identify the "audiences" of this violence, demonstrating how ideas of sexuality, gender, and race are weaponized against marginalized populations to …

Legal Protections For Environmental Migrants: Expanding Possibilities And Redefining Success, Jayesh Rathod

Working Papers

This working paper describes international and domestic efforts to enact legal protections for environmental migrants, with attention to Latin America, and examines why efforts to craft a comprehensive international instrument to address this phenomenon have yet to succeed. It details factors contributing to this impasse, including: the lack of an existing framework; the inherent complexity and variability of environmental migration; the trend towards restrictive migration policies; and the lack of a clear institutional leader at the international level. Citing the limits of an exclusive focus on the creation of a new international instrument, the paper also points to the need …

Oral History Of Phil Ruffin, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

How Law Libraries Can Help Tell The Black Lives Matter Movement’S Story, Phebe E. Huderson-Poydras, Ronald E. Wheeler

Faculty Scholarship

In Voices Across the Spectrum, our goal is to explore issues, perspectives, and resources that focus on promoting diversity, equality, anti-racism, LGBTQ rights, multicultural outreach and recruitment into the profession, inclusive workplaces, and more. While the first installments of this new column will focus on systemic racism issues, each column will examine different diversity and inclusion issues to help prompt conversations and break down silos within the profession.

Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany Li

Faculty Scholarship

The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical AI. Public and private actors are using new technologies, like heat sensing, and technologically-influenced programs, like contact tracing, alike in response, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the …

Shareholder Value(S): Index Fund Esg Activism And The New Millennial Corporate Governance, Michal Barzuza, Quinn Curtis, David H. Webber

Faculty Scholarship

Major index fund operators have been criticized as ineffective stewards of the firms in which they are now the largest shareholders. While scholars debate whether this passivity is a serious problem, index funds’ generally docile approach to ownership is broadly acknowledged.
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/="/">However, this Article argues that the notion that index funds are passive owners overlooks an important dimension in which index funds have demonstrated outspoken, confrontational, and effective stewardship. Specifically, we document that index funds have taken a leading role in challenging management and voting
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Assessing The Potential Impacts Of Reducing Philippine Corporate Income Tax And Reforming Sectoral Incentives On Poverty And Employment, Caesar Cororaton, Marites Tiongco

Angelo King Institute for Economic and Business Studies (AKI)

The Philippines needs to re-align its corporate income tax rates to its neighboring ASEAN countries to be competitive. Thus, the reduction in the corporate income tax rate, which is 30% at present to 20% in 2029 under the tax reform, is critical. However, because corporate income tax is a major source of government revenue, corporate incentives have to be reduced as well to finance/compensate for the reduction in the corporate tax. Also, to realize the full economic benefit of the reform, the government has to ensure that the resulting higher corporate income is reinvested back to the economy.

A Positive Dialectic: Beps And The United States, Reuven S. Avi-Yonah

Articles

This essay addresses the interaction between the changes in the international tax regime identified by Mason and U.S. international tax policy. Specifically, I will argue that contrary to the general view, the United States actively implemented the Organisation for Economic Co-Operation and Development (OECD)/G20 Base Erosion and Profit Shifting (BEPS) recommendations through the Tax Cuts and Jobs Act of 2017 (TCJA). Moreover, the changes of the TCJA influenced the current OECD effort of BEPS 2.0. Thus, the current state of affairs can be characterized as a constructive dialogue: The OECD moves (BEPS 1), the United States responds (TCJA), the OECD …

Herein Of 'Herein Granted': Why Article I'S Vesting Clause Does Not Support The Doctrine Of Enumerated Powers, Richard A. Primus

Articles

Article I of the United States Constitution begins as follows: “All legislative Powers herein granted shall be vested in a Congress of the United States[.]” That text is sometimes called the Vesting Clause, or, more precisely, the Article I Vesting Clause, because Articles II and III also begin with Vesting Clauses. And there is a feature of those three clauses, when compared, to which twenty-first century constitutional lawyers commonly attribute considerable significance. Although the three Clauses are similar in other ways, the syntax of Article I’s Vesting Clause is not fully parallel to that of the other two. The Vesting …

The Scope Of Tribal Immunity In Real Property Disputes, Sean Frazzette

University of Chicago Law Review

Native American tribes are sovereign nations with some degree of sovereign immunity. The exact contours of that immunity are often in flux. While the Supreme Court has established the confines of tribal immunity in cases involving torts, taxation, and contracts, it has avoided determining the doctrine’s application to cases involving real property. Recently, in Upper Skagit Indian Tribe v Lundgren, the Court dismissed the common notion that prior precedent mandates an in rem versus in personam distinction but refused to answer whether tribes can claim sovereign immunity in in rem actions against tribal land. By analyzing the history of tribal …

The Adjudicative Model Of Precedent, Charles W. Tyler

University of Chicago Law Review

In most courts, a statement in an opinion is a holding only if it was necessary for the outcome of the case. Several state courts and one federal court of appeals, however, have a much broader definition of a holding, which this Article calls the “adjudicative model.” The adjudicative model defines a holding as any ruling expressly resolving an issue that was part of the case.

This Article offers the first empirical and normative assessment of the adjudicative model. It describes an empirical case study of the Ninth Circuit and finds that, after adopting the adjudicative model, that court was …

An Institution “At Arm’S Length”: Reconsidering Supervisory Power Over The Federal Grand Jury, Rebecca Gonzalez-Rivas

University of Chicago Law Review

Grand jury proceedings are shrouded in secrecy. No judge presides over them, no reporter annotates them, and when they have concluded, no juror may speak about them. While secrecy serves many important functions for the grand jury, its veil may be lifted under certain circumstances. Grand jury records may be released if they fall under a disclosure exception laid out in Federal Rule of Criminal Procedure 6(e). While some courts limit release to the exceptions laid out in the Rule, others look to an alternative source of authority.

Several courts of appeals have held that district court judges may exercise …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Cruel State Punishments, William W. Berry Iii

North Carolina Law Review

No abstract provided.

Paying For Pretrial Detention, Russell M. Gold

North Carolina Law Review

No abstract provided.

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton

North Carolina Law Review

No abstract provided.

Hate, Interstate: The Fourth Circuit, Hate Crimes, And The Commerce Clause In United States V. Hill, Drew Bencie

North Carolina Law Review

No abstract provided.

How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky

Articles

I’ll admit it: I was afraid to try peer review in my Legal Practice class. I’ve been teaching legal analysis, writing, and research for 17 years. I know all of the benefits of peer review. I’ve read plenty of scholarship about why and how to do it well. I have space in my syllabus to incorporate it into my teaching. But I’ve been reluctant. I worried that students would be averse to sharing their work with a classmate. I worried that the exercise would embarrass students who felt self-conscious about their writing. And I worried that the truly excellent writers …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Hedging Your Bets: Is Fantasy Sports Betting Insurance Really ‘Insurance’?, Haley A. Hinton

UNLV Gaming Law Journal

No abstract provided.

Federal Court Sets August Trial Date For Standing Rock Civil Rights Lawsuit, Columbia Center For Contemporary Critical Thought

Columbia Center for Contemporary Critical Thought

New York, September 25, 2020 — Judge Daniel M. Traynor (U.S. District Court for North Dakota) has set aside two weeks for trial starting August 16, 2021 for Thunderhawk v. County of Morton, a federal civil rights lawsuit challenging the five-month discriminatory closure of Highway 1806 at the height of the NoDAPL movement at Standing Rock. The trial was set at a recent status conference before Magistrate Judge Charles S. Miller (U.S. District Court for North Dakota), at which swift discovery deadlines were also imposed.

Federal Court Allows Civil Rights Lawsuit Challenging Violations At Standing Rock, Columbia Center For Contemporary Critical Thought

Columbia Center for Contemporary Critical Thought

New York, September 3, 2020 — In a significant victory for critics of governmental overreach, Judge Daniel M. Traynor (U.S. District Court for North Dakota) denied motions to dismiss filed by state and county law enforcement defendants and the private security firm, TigerSwan LLC. As a result, the Thunderhawk v. County of Morton civil rights lawsuit, brought by plaintiffs Cissy Thunderhawk, Wašté Win Young, the Reverend John Floberg, and José Zhagñay against North Dakota government officials and TigerSwan, will move forward on the claim that the plaintiffs and the class were denied their constitutional rights to Free Speech.

Transparency In The Extractive Industries: Getting Serious About Politics To Get Serious About Impact, Leila Kazemi, Michael Jarvis

Columbia Center on Sustainable Investment

PLUS POLITICS is a multi-part series of briefs from the Columbia Center on Sustainable Investment that aims to encourage practitioners to apply a more systematic political lens to their work on governance in the extractive industries. Each brief will deal with a key governance issue and will provide a brief analysis of its political challenges and practical recommendations to address them.

Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition: How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela

Columbia Center on Sustainable Investment Staff Publications

The Nigerian National Petroleum Corporation’s (NNPC) persistent governance challenges have both hampered Nigeria’s oil sector development and deprived the country of public resources. The oil, climate, and COVID-19 crises and the ramp-up of the low-carbon transition exacerbate this reality, with the national oil company (NOC) delivering sub-optimal returns to its stakeholders.

Other NOCs have taken meaningful steps to become players in the low-carbon energy transition domestically or in­ternationally – for example, Sau­di Arabia’s Saudi Aramco, Norway’s Equinor, Brazil’s Petrobras, Malaysia’s Petronas, and Algeria’s Sonatrach. These NOCs can serve as sources of inspiration for NNPC. These five NOCs have also undergone …

Mining And The Sdgs: A 2020 Status Update, Responsible Mining Foundation, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In September 2015, the UN member states agreed on a set of 17 Sustainable Development Goals (SDGs), which represent the global agenda for equitable, socially inclusive, and environmentally sustainable economic development until 2030. Mining companies have the potential to become leading partners in achieving the SDGs. Through their direct operations, mining companies can generate profits, employment, and economic growth in low-income countries. And through partnerships with government and civil society, mining companies can ensure that benefits of mining extend beyond the life of the mine itself, so that the mining industry has a positive impact on the natural environment, climate …

Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Work on transparency in the extractive industries (EI) has achieved important successes over the last two decades. For example, significant commitments to disclosure have been secured, the volume of publicly available information about critical activities has increased considerably, and norms around certain information being in the public domain have been established. There is also a growing library of use cases for this information. Nonetheless, important work remains to be done to translate these efforts into impact.

Political context is crucial to determining the fate of transparency efforts. Therefore, grappling with political context more effectively will also be key to unlocking …

The Costs Of Justice In Domestic Violence Cases : Mapping Canadian Law And Policy, Jennifer Koshan, Janet Mosher, Wanda Wiegers

Articles & Book Chapters

Domestic violence cases in Canada present unique access to justice challenges due to complex power dynamics, structural inequality, and the fact that victims, offenders, and children must often navigate multiple legal systems to resolve the many issues in this context. The complexity of these cases has both personal and systemic impacts. Different legal systems – for example, criminal, family, child protection, social welfare, and immigration – have differing objectives and personnel with varying levels of expertise in domestic violence. Conflicting decisions by different courts and tribunals with overlapping jurisdiction may impair the safety of victims and children, and may require …