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2021

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Institution
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Articles 11371 - 11400 of 13106

Full-Text Articles in Law

Constitutional Norm Entrepreneuring, Oren Tamir Jan 2021

Constitutional Norm Entrepreneuring, Oren Tamir

Maryland Law Review

No abstract provided.


Can Agencies Lie? A Realist’S Guide To Pretext Review, Jack Thorlin Jan 2021

Can Agencies Lie? A Realist’S Guide To Pretext Review, Jack Thorlin

Maryland Law Review

No abstract provided.


Taking Liberty Decisions Away From “Imitation” Judges, Mary Holper Jan 2021

Taking Liberty Decisions Away From “Imitation” Judges, Mary Holper

Maryland Law Review

No abstract provided.


Republican National Committee V. Democratic National Committee: Reinterpreting The Court’S Role In Election Law Challenges, Carly L. Brody Jan 2021

Republican National Committee V. Democratic National Committee: Reinterpreting The Court’S Role In Election Law Challenges, Carly L. Brody

Maryland Law Review

No abstract provided.


Allen V. Cooper: Raising The Flag Of Sovereign Immunity In The Shifting Seas Of Copyright, Will R. Gallagher Jan 2021

Allen V. Cooper: Raising The Flag Of Sovereign Immunity In The Shifting Seas Of Copyright, Will R. Gallagher

Maryland Law Review

No abstract provided.


Hughes V. Hu: Territorial Adjustments In Determining Caremark Liability For Foreign-Based Delaware Incorporated Companies, Ian J. Murray Jan 2021

Hughes V. Hu: Territorial Adjustments In Determining Caremark Liability For Foreign-Based Delaware Incorporated Companies, Ian J. Murray

Maryland Law Review

No abstract provided.


Subnational Digital Services Taxation, Andrew Appleby Jan 2021

Subnational Digital Services Taxation, Andrew Appleby

Maryland Law Review

No abstract provided.


Upgrading Unconscionability: A Common Law Ally For A Digital World, Babette E. Boliek Jan 2021

Upgrading Unconscionability: A Common Law Ally For A Digital World, Babette E. Boliek

Maryland Law Review

No abstract provided.


Essentially Contested Constitutional Revolutions, Mark A. Graber Jan 2021

Essentially Contested Constitutional Revolutions, Mark A. Graber

Maryland Law Review

No abstract provided.


Are (American) Secessionists Necessarily Revolutionaries?, Sanford Levinson Jan 2021

Are (American) Secessionists Necessarily Revolutionaries?, Sanford Levinson

Maryland Law Review

No abstract provided.


Constitutional Revolutions: The People, The Text, And The Hermeneutic Of Legitimation, Howard Schweber Jan 2021

Constitutional Revolutions: The People, The Text, And The Hermeneutic Of Legitimation, Howard Schweber

Maryland Law Review

No abstract provided.


Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai Jan 2021

Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai

Maryland Law Review

No abstract provided.


Political Executive Control Of The Administrative State: How Much Is Too Much?, Conor Casey Jan 2021

Political Executive Control Of The Administrative State: How Much Is Too Much?, Conor Casey

Maryland Law Review

No abstract provided.


"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel Jan 2021

"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel

Maryland Law Review

No abstract provided.


A Third Reconstruction, Rebecca Zietlow Jan 2021

A Third Reconstruction, Rebecca Zietlow

Maryland Law Review

No abstract provided.


Tribute To Chief Judge Mary Ellen Barbera, Donald B. Tobin, Gary E. Bair, Andrea M. Leahy, Deborah Sweet Eyler, Clayton Greene, Jr., Brian E. Frosh, Glenn T. Harrell, Jr., Rebecca W. Foreman, Charles E. Moylan, Jr. Jan 2021

Tribute To Chief Judge Mary Ellen Barbera, Donald B. Tobin, Gary E. Bair, Andrea M. Leahy, Deborah Sweet Eyler, Clayton Greene, Jr., Brian E. Frosh, Glenn T. Harrell, Jr., Rebecca W. Foreman, Charles E. Moylan, Jr.

Maryland Law Review

No abstract provided.


Interpretive Entrepreneurs, Melissa (M.J.) Durkee Jan 2021

Interpretive Entrepreneurs, Melissa (M.J.) Durkee

Scholarship@WashULaw

Private actors interpret legal norms, a phenomenon I call “interpretive entrepreneurship.” The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of “post hoc” international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …


Racialized Bankruptcy Federalism, Rafael I. Pardo Jan 2021

Racialized Bankruptcy Federalism, Rafael I. Pardo

Scholarship@WashULaw

Notwithstanding the robust national power conferred by the U.S. Constitution’s Bankruptcy Clause, the design and administration of federal bankruptcy law entails choices about the extent to which non-bankruptcy-law entitlements will remain un-displaced. When such entitlements sound in domestic nonfederal law (i.e., state or local law), displacing them triggers federalism concerns. Considerations regarding the relationship between the federal government and the nation’s smaller political subdivisions might warrant preserving nonfederal-law entitlements even though their displacement would be authorized pursuant to the bankruptcy power. But such considerations might also suggest replacing those entitlements with bankruptcy-specific ones. Some scholarship has theorized about the principles …


Introduction To The Symposium On Frederic Megret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa (M.J.) Durkee Jan 2021

Introduction To The Symposium On Frederic Megret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa (M.J.) Durkee

Scholarship@WashULaw

Imagine a future in which the U.S. government has closed the postal service, shuttered its administrative apparatus, and stopped funding education. Confirmation battles have dismantled the federal judiciary, with most adjudication now performed by private arbitrators. After years of erosion of public standards, corporate environmental and labor practices are now left to voluntary self-regulation and market pressures. Private military and security companies command and regulate a vast military infrastructure, executing contracts to meet U.S. intelligence and defense requirements. Prisons have been fully privatized. After losing faith in elections, the U.S. populace no longer insists on them. The country is administered …


Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary, Christina L. Boyd, Matthew E. Baker Jan 2021

Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary, Christina L. Boyd, Matthew E. Baker

Scholarship@WashULaw

In their new book, Bonica and Sen promise a JUDICIAL TUG OF WAR, and they deliver. THE JUDICIAL TUG OF WAR: HOW LAWYERS, POLITICIANS, AND IDEOLOGICAL INCENTIVES SHAPE THE AMERICAN JUDICIARY investigates the battle between the legal profession and political elites “in which the judiciary not only is the prize to be won but is also caught in the middle” (p. 19). The result of this high stakes conflict is a judiciary tinged by politics. In modern times, the legal bar pulls the judiciary to the left, while political elites, on average, yank back toward the right. As Bonica and …


A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog Jan 2021

A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of people has become a major element of the internet’s business model.

Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty. What, …


Decarceration And Default Mental States, Benjamin Levin Jan 2021

Decarceration And Default Mental States, Benjamin Levin

Scholarship@WashULaw

This Essay, presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at ASU’s Sandra Day O’Connor College of Law, examines the politics of federal mens rea reform legislation. I argue that current mens rea policy debates reflect an overly narrow vision of criminal justice reform. Therefore, I suggest an alternative frame through which to view mens rea reform efforts—a frame that resonates with radical structural critiques that have gained ground among activists and academics. Common arguments for and against mens rea reform reflect a belief that the problem with the criminal system is one of …


Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy, Pauline Kim, Matthew T. Bodie Jan 2021

Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy, Pauline Kim, Matthew T. Bodie

Scholarship@WashULaw

Employers are increasingly relying on artificially intelligent (AI) systems to recruit, select, and manage their workforces, raising fears that these systems may subject workers to discriminatory, invasive, or otherwise unfair treatment. This article reviews those concerns and provides an overview of how current laws may apply, focusing on two particular problems: discrimination on the basis of protected characteristics like race, sex, or disability, and the invasion of workers’ privacy engendered by workplace AI systems. It discusses the ways in which relying on AI to make personnel decisions can produce discriminatory outcomes and how current law might apply. It then explores …


Welcoming Participation, Avoiding Capture: A Five-Part Framework Between Participation And Capture: Non-State Actor Participation In International Rule-Making, Melissa (M.J.) Durkee Jan 2021

Welcoming Participation, Avoiding Capture: A Five-Part Framework Between Participation And Capture: Non-State Actor Participation In International Rule-Making, Melissa (M.J.) Durkee

Scholarship@WashULaw

What role should non-state actors have in the work of international organizations? It is particularly fitting that this panel is titled “between participation and capture,” because the phrase calls up the conflicting values that animate this question. When we think of non-state actors “participating” in the work of international organizations, we think about open, transparent organizations that are receiving the benefit of diverse perspectives and expertise. We may associate this phrase with process, access, and legitimacy in governance. On the other hand, when we think about non-state actors “capturing” the agenda of international organizations, we have a conflicting set of …


Ai And Inequality, Pauline Kim Jan 2021

Ai And Inequality, Pauline Kim

Scholarship@WashULaw

This Chapter examines the social consequences of artificial intelligence (AI) when it is used to make predictions about people in contexts like employment, housing and criminal law enforcement. Observers have noted the potential for erroneous or arbitrary decisions about individuals; however, the growing use of predictive AI also threatens broader social harms. In particular, these technologies risk increasing inequality by reproducing or exacerbating the marginalization of historically disadvantaged groups, and by reinforcing power hierarchies that contribute to economic inequality. Using the employment context as the primary example, this Chapter explains how AI-powered tools that are used to recruit, hire and …


Why We Need Better Corporate Governance Data, Jens Frankenreiter, Cathy Hwang, Yaron Nili, Eric L. Talley Jan 2021

Why We Need Better Corporate Governance Data, Jens Frankenreiter, Cathy Hwang, Yaron Nili, Eric L. Talley

Scholarship@WashULaw

Three decades of finance, economics, and legal studies in corporate governance have been built substantially on data sets with nearly unknown provenance. A new paper sets to correct this fatal flaw of contemporary corporate governance research by debuting a brand new resource—the Cleaning Corporate Governance database.


The Future Or Fancy? An Empirical Study Of Public Benefit Corporations, James Hicks, Michael B. Dorff, Steven Davidoff Solomon Jan 2021

The Future Or Fancy? An Empirical Study Of Public Benefit Corporations, James Hicks, Michael B. Dorff, Steven Davidoff Solomon

Scholarship@WashULaw

The public benefit corporation (“PBC”) is one of the most hyped developments in corporate law, due to the PBC’s unique social purpose. Unlike the traditional corporation, directors of PBCs are required under their fiduciary duties to consider the impact of their decisions on a range of stakeholders and communities. This new form is hailed by many as a framework for a reformed capitalism. Critics, on the other hand, have assailed PBCs as unworkable—at best allowing corporations to “greenwash,” providing a thin disguise for ordinary corporate profit-seeking behavior.

What has been lacking in this debate is evidence about whether and how …


The Apa And The Assault On Deference, Ronald Levin Jan 2021

The Apa And The Assault On Deference, Ronald Levin

Scholarship@WashULaw

Recently, in Kisor v. Wilkie, a concurring opinion by Justice Gorsuch argued at length that § 706 of the Administrative Procedure Act prohibits judicial deference to administrative interpretations of law. That section states that “the reviewing court shall decide all relevant questions of law.” This issue remained unresolved in Kisor, but the Supreme Court may well return to it soon as a potential argument against the validity of Chevron deference. Although a substantial academic literature has supported Gorsuch’s position on the APA question, this article disagrees with it. It argues that the text of § 706, surrounding statutory provisions, the …


Standing To Sue In Land Use Litigation, Daniel R. Mandelker Jan 2021

Standing To Sue In Land Use Litigation, Daniel R. Mandelker

Scholarship@WashULaw

Third party standing to sue is essential in land use litigation. Questionable land use decisions will not be taken to court unless a third party can sue, but third party standing is limited. Standing law is fragmented, obstinate, excessively restrictive, and split between judicial and statutory requirements. Reform is necessary so that third parties can have access to court to protect public values. This Article explains why third party standing should be expanded, and it includes a conceptual model that can guide reform. It discusses conflicting third party standing rules in the Supreme Court, including the dominant restrictive rule that …


Federalizing The Voting Rights Act, Travis Crum Jan 2021

Federalizing The Voting Rights Act, Travis Crum

Scholarship@WashULaw

In Presidential Control of Elections, Professor Lisa Marshall Manheim masterfully canvasses how “a president can affect the rules of elections that purport to hold him accountable” and thereby “undermine the democratic will and delegitimize the executive branch.” Bringing together insights from administrative law and election law, she categorizes how presidents exercise control over elections: priority setting through executive agencies, encouraging gridlock in independent agencies, and idiosyncratic exercise of their narrow grants of unilateral authority.

Manheim’s principal concern is an executive influencing elections to entrench themselves and their allies in power. Her prognosis for the future is steely-eyed, and she recognizes …