Law Commons^™

Understanding Place-Based Immigration: The Proposal, Its Popularity, And Its Prospects, Mohamad Moslimani

CMC Senior Theses

The idea to create a new class of place-based visas is gaining traction in policy circles. These visas, known in some instances as “heartland visas” and as part of a class of immigration reform called “place-based immigration” (PBI), are designed to give state and local governments the ability to sponsor immigrants to live and work in their local communities. The proposal has gained traction among a variety of candidates for federal office and local immigration policy stakeholders. The reason for this support is the proposal’s ability to address a grave issue facing numerous communities across the U.S.—and its ability to …

Medical Knowledge As A Recalcitrant Epistemological System: An Application Of Standpoint Epistemology In The Analysis Of Marginalization Within U.S Healthcare, Abby Deshazo

CMC Senior Theses

Research on healthcare disparities outside the field of epistemology tend to miss the true origins of oppressions imposed on marginalized individuals by the U.S healthcare system. This happens because of the false belief that these oppressions are reducible to social or political oppressions. By employing the perspective of a standpoint epistemologist, we can better identify the origins of these oppressions and subsequently consider more appropriate solutions. The standpoint epistemologist’s perspective (1) provides an intuitive case for the role individuals’ schemas play in the evaluation of what healthcare professionals know; (2) situates medical knowledge within epistemology, leading us to …

The Twin Environmental Law Problems Of Preemption And Political Scale, Erin Ryan

Scholarly Publications

This is a daunting moment for the United States environmental movement. Since 2017, it often seems that federal environmental law is being systematically dismantled—most aggressively by the executive branch, but with tacit support from much of the sitting legislature, and likely with increasing support from the judiciary as well. For environmentalists, the assault on the regulatory accomplishments made over decades of previous lawmaking is cause for grief, but it also compels preparation for the challenges yet to come. This chapter advises environmentalists to resist federal preemption of state regulation and to think creatively about how to accomplish the goals of …

Environmental Law, Disrupted By Covid-19, Erin Ryan

Scholarly Publications

For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.

Pragmatic Legalism: Revisiting America's Order After World War Ii, Afroditi Giovanopoulou

Scholarly Publications

In recent years, persistent questions regarding America’s role in the world have prompted scholars to revisit the history of World War II and its aftermath, when the foundations of our contemporary international order were arguably laid. Scholarly accounts of the period typically assert that the United States led the way for the establishment of a legalized international order, centered around the norms of international human rights and those of the law of war, and urge that the United States remain true to the same principles in the twenty-first century. More recently, scholars mistrustful of calls for a robust, militarized humanitarian …

A Socially Beneficial False Claims Act?, Elissa Philip Gentry

Scholarly Publications

No abstract provided.

The Law Wants To Be Formal, Chaim Saiman

Faculty Publications

No abstract provided.

Properties Of Intimacy, Emily J. Stolzenberg

Faculty Publications

Today, nearly nineteen million U.S. adults are cohabiting with an intimate partner. Yet family law continues to struggle with the question whether these unmarried partners should have relationship-based rights in one another’s property. Generally speaking, states answer “no.” Because cohabitants are not spouses, they’re treated like strangers. As a result, their property rights usually follow title, and richer partners tend to walk away with a large proportion of the property acquired during the relationship. This Article shows the “cohabitant problem” to be no anomaly, but rather the clearest manifestation of family law’s overarching structure. In marital property regimes as well …

Does Tax Matter? Evidence On Executive Compensation After 162(M)'S Repeal, Andrew Lund, Brian Galle, Gregg D. Polsky

Faculty Publications

No abstract provided.

Coercion, Consent, And Time, Michelle Madden Dempsey

Faculty Publications

This article sets out a framework for distinguishing three kinds of norms governing past sexual (mis)conduct and our responses to it: wrongfulness norms,excusability norms, and accountability norms. The framework provides conceptual tools for making sense of (and understanding the limits of ) three distinct responses commonly offered by those accused of past sexual misconduct: “But that used to be okay!” “But everybody used to think that was okay!” and “But thatwas so long ago!”

Beyond Algorithms: Toward A Normative Theory Of Automated Regulation, Felix Mormann

Faculty Scholarship

The proliferation of artificial intelligence in our daily lives has spawned a burgeoning literature on the dawn of dehumanized, algorithmic governance. Remarkably, the scholarly discourse overwhelmingly fails to acknowledge that automated, non-human governance has long been a reality. For more than a century, policymakers have relied on regulations that automatically adjust to changing circumstances, without the need for human intervention. This article surveys the track record of self-adjusting governance mechanisms to propose a normative theory of automated regulation.

Effective policymaking frequently requires anticipation of future developments, from technology innovation to geopolitical change. Self-adjusting regulation offers an insurance policy against the …

Beyond Transparency And Accountability: Three Additional Features Algorithm Designers Should Build Into Intelligent Platforms, Peter K. Yu

Faculty Scholarship

In the age of artificial intelligence, innovative businesses are eager to deploy intelligent platforms to detect and recognize patterns, predict customer choices and shape user preferences. Yet such deployment has brought along the widely documented problems of automated systems, including coding errors, corrupt data, algorithmic biases, accountability deficits and dehumanizing tendencies. In response to these problems, policymakers, commentators and consumer advocates have increasingly called on businesses seeking to ride the artificial intelligence wave to build transparency and accountability into algorithmic designs.

While acknowledging these calls for action and appreciating the benefits and urgency of building transparency and accountability into algorithmic …

Precedent As Rational Persuasion, Brian N. Larson

Faculty Scholarship

The ways that judges and lawyers make and justify their arguments and decisions have profound impacts on our lives. Understanding those practices in light of theories of reasoning and argumentation is thus critical for understanding law and the society it shapes. An inquiry that explores the very foundations of all legal reasoning leads to a broad, important question: How do lawyers and judges use cited cases in their legal arguments? It turns out there is practically no empirical research to suggest the answer. As the first step in a comprehensive empirical effort to answer this question, this article performs a …

The Easterbrook Theorem: An Application To Digital Markets, Joshua D. Wright, Murat C. Mungan

Faculty Scholarship

The rise of large firms in the digital economy, including Amazon, Apple, Facebook, and Google, has rekindled the debate about monopolization law. There are proposals to make finding liability easier against alleged digital monopolists by relaxing substantive standards; to flip burdens of proof; and to overturn broad swaths of existing Supreme Court precedent, and even to condemn a law review article. Frank Easterbrook’s seminal 1984 article, The Limits of Antitrust, theorizes that Type I error costs are greater than Type II error costs in the antitrust context, a proposition that has been woven deeply into antitrust law by the Supreme …

Human Rights Disclosure And Due Diligence Laws: The Role Of Regulatory Oversight In Ensuring Corporate Accountability, Rachel Chambers, Anil Yilmaz Vastardis

Chicago Journal of International Law

The proliferation of human rights disclosure and due diligence laws around the globe is a welcome development in the area of business and human rights. Corresponding improvement in conditions for workers and communities in global supply chains whose human rights are impacted by businesses has not materialized, however. In this Article, we focus on the oversight and enforcement features of human rights disclosure and due diligence laws as one of the missing links to achieving the accountability objectives envisaged by such legislation. Drawing on our analysis of key legislative developments, we observe and critique that the state has almost completely …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Frog Eyes And Pig Butts: The North Carolina Stalking Statute's Constitutional Dilemma And How To Remedy It, Nathan W. Wilson

North Carolina Law Review

No abstract provided.

Misfire: How The North Carolina Pistol Purchase Permit System Misses The Mark Of Constitutional Muster And Effectiveness, Nicholas Gallo

North Carolina Law Review

No abstract provided.

Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul

Dissertations & Theses

Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …

“No Earlier Confession To Repeat”: Seibert, Dixon, And Question-First Interrogations, Lee S. Brett

Washington and Lee Law Review

The Supreme Court’s 2004 decision in Missouri v. Seibert forbade the use of so-called question-first interrogations. In a question-first interrogation, police interrogate suspects without giving Miranda warnings. Once the suspect makes incriminating statements, the police give the warnings and induce the suspect to repeat their earlier admissions.

Lower courts are increasingly interpreting a per curiam Supreme Court case, Bobby v. Dixon, to significantly limit the scope and applicability of Seibert. These courts claim that postwarning statements need only be suppressed under Seibert when there is an “earlier confession to repeat.” In this Note, I argue that this reading …

Louisiana Oil & Gas Update, Keith B. Hall

Journal Articles

No abstract provided.

Transgender Inmates And Sex Reassignment Surgery In Florida: Why Failing To Provide This Standard Of Care, Edwyna Estime

Nova Law Review

No abstract provided.

Climate Change's Free Rider Problem: Why We Must Relinquish Freedom To Become Free, Natalie M. Roy

William & Mary Environmental Law and Policy Review

Despite the increasing urgency of climate change, countries continue to struggle to cooperate on even modest solutions. Of international accords that are successfully ratified, agreed-upon commitments are mostly hortatory and vague, succeeding only in engendering a fragmented, voluntary compliance scheme. Unsurprisingly, decades of tepid climate action and procrastination have begotten a staggering emissions gap for the world to close by 2030—requiring a collective greenhouse gas reduction of about fifty percent to limit global warming to the 1.5°C benchmark. Yet, global greenhouse emissions have generally risen, not fallen in the last decade, with 2018 marking a record high despite pledges made …

The Political Remedies Doctrine, David M. Driesen

Emory Law Journal

This Article describes and analyzes a hitherto unrecognized doctrine—the political remedies doctrine. That doctrine maintains that courts ought not adjudicate separation of powers claims until both political branches of government have asserted their rights. The doctrine has escaped analysis (and even explicit notice) because judges camouflage it, employing it while invoking the more familiar rubrics of ripeness, standing, political question, and equitable discretion. Justice Powell provided the leading articulation of the doctrine, but the Supreme Court as a whole has never squarely endorsed it. The political remedies doctrine, however, has played a surprisingly important role in the lower courts, helping …

Flying Too Close To The Sun: The Abrogation Of The Migratory Bird Treaty Act By The Trump Administration, Jennifer Bautista

Nova Law Review

No abstract provided.

Politics, Power & Community: Critically Reexamining Notions Of Law, Identity & Civil Society, Marvin L. Astrada, Scott B. Astrada

Nova Law Review

No abstract provided.

E-Cigarettes And Gen-Z: How A New Generation Of Nicotine Addicts Revived A Dying Age-Old Trade, Rachel Sears

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 43, Issue 3

Nova Law Review

No abstract provided.

Forging Cross-Border Connections Through Scholarly Writing, Dr. Ramona Biholar, Sha-Shana Crichton

Nova Law Review

No abstract provided.

Let Them Talk: Cognitive & Social Benefits Of Elaboration, Jennifer M. Cooper

Nova Law Review

No abstract provided.