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2021

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Articles 11461 - 11490 of 13107

Full-Text Articles in Law

The Climate Leadership And Community Protection Act’S Environmental Justice Promise, Hillary Aidun, Julia Li, Antonia Pereira Jan 2021

The Climate Leadership And Community Protection Act’S Environmental Justice Promise, Hillary Aidun, Julia Li, Antonia Pereira

Sabin Center for Climate Change Law

In 2019, New York State Governor Andrew Cuomo signed the Climate Leadership and Community Protection Act (“CLCPA”) into law. The CLCPA was passed with the objective of addressing climate change and minimizing the adverse impacts on the “economic well-being, public health, natural resources, and the environment of New York.” S. 6599, 2019-2020 Sen., Reg. Sess. § 1 (N.Y. 2019). The CLCPA seeks to meet these objectives by reducing statewide greenhouse gas emissions, scaling up renewable energy to avoid further climate change, and improving the resiliency of the state in order to address unavoidable climate change impacts. Id. The law created …

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Taking From States: Sovereign Immunity's Preclusive Effect On Private Takings Of State Land, Jennifer Danis, Michael Bloom Jan 2021

Taking From States: Sovereign Immunity's Preclusive Effect On Private Takings Of State Land, Jennifer Danis, Michael Bloom

Sabin Center for Climate Change Law

The core of a state is its physical presence and dominion over its land. States are now battling to maintain their dignity as sovereigns, while traditional tools essential to federalism risk erosion. Private actors, ostensibly empowered by the federal government to condemn land through eminent domain, threaten state sovereignty by attempting to take state property without consent. Select federal statutes, such as the Natural Gas Act and Federal Power Act, grant eminent domain power to private companies to take property for public use. Without proper limiting principles, a statute granting such power could allow a private corporation to condemn and …

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Whole Issue (Winter 2021 / 21.2) Jan 2021

Whole Issue (Winter 2021 / 21.2)

Chicago Journal of International Law

No abstract provided.

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Remediation In Foreign Bribery Settlements: The Foundations Of A New Approach, Samuel J. Hickey Jan 2021

Remediation In Foreign Bribery Settlements: The Foundations Of A New Approach, Samuel J. Hickey

Chicago Journal of International Law

A handful of nations spearhead the global anti-corruption regime through the transnational enforcement of foreign bribery laws. These laws prohibit corporations with a connection to the enforcing nation from paying or offering bribes to the officials of a foreign nation. Enforcement agencies construe the extraterritorial application of these laws broadly, establishing their global prominence. The most notable example is the United States Department of Justice’s enforcement of the Foreign Corrupt Practices Act of 1977 (FCPA). Enforcement agencies typically resolve investigations against corporations through deferred prosecution agreements and other consensual settlement mechanisms known generally as non-trial resolutions. Fines and penalties paid …

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The Legal Man In The Moon: Exploring Environmental Personhood For Celestial Bodies, William B. Altabef Jan 2021

The Legal Man In The Moon: Exploring Environmental Personhood For Celestial Bodies, William B. Altabef

Chicago Journal of International Law

The rise of the commercial space industry endangers the preservation of environments, such as the lunar surface and other celestial bodies, with the threat of contamination and resource exploitation. In the coming decades, flights to space will become commonplace—but at present, there is no way to hold outer space polluters accountable. The existing international legal regime is weak, with the United Nations’ space treaties offering limited enforcement mechanisms against offenders. The increasingly popular concept of environmental personhood offers a solution by rethinking the meaning of a juridical person within the text of the United Nations Outer Space, Space Liability, and …

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The Application Of International Tax Treaties To Digital Services Taxes, Katherine E. Karnosh Jan 2021

The Application Of International Tax Treaties To Digital Services Taxes, Katherine E. Karnosh

Chicago Journal of International Law

As digital services and electronic commerce have become more prevalent aspects of the global economy, there have been concerns over how tax systems will adapt to this change. International tax treaties in particular seem to be outdated and unprepared for the digital economy. Many international tax treaties provide that businesses are to be taxed on their income only in jurisdictions where they have a sufficient physical presence. By establishing their European headquarters and digital servers in countries with low corporate income tax rates (such as Ireland) and then using those headquarters to provide digital services to the rest of Europe, …

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Time Enough For Counting: A Unicorn Retrospective, Abraham Cable Jan 2021

Time Enough For Counting: A Unicorn Retrospective, Abraham Cable

Faculty Scholarship

No abstract provided.

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"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill Jan 2021

"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill

Faculty Scholarship

No abstract provided.

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Jurors' Perceptions Of False Confessions, Madison G. Gallimore Jan 2021

Jurors' Perceptions Of False Confessions, Madison G. Gallimore

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined the effect of mock jurors’ perceptions of a defendant’s false confession vs. no confession (false confession presence), coercive interrogation techniques vs. panic-escape (false confession reason), and expert witness testimony vs. defendant explanation vs. expert witness testimony plus defendant explanation for his false confession (source). The four hypotheses and one research question pertained to main effects and interaction effects of false confession presence, false confession reason, and source (separately) and expert witness conditions combined on five outcome variables. Outcome variables were defendant’s guilt, trustworthiness, suggestibility, susceptibility to external influences, and juror’s likelihood of changing their verdict. Using Amazon …

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Disaggregating Chevron, Lawrence B. Solum Jan 2021

Disaggregating Chevron, Lawrence B. Solum

Faculty Scholarship

Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. is widely regarded as the most important administrative law decision in the history of the United States. The scholarly literature is vast and defies summary or cataloging. Moreover, Chevron is contested and criticized, defended and derided, lauded and lamented—the source of “angst and rancor” in the words of Professor Kristin E. Hickman and R. David Hahn in their article, Categorizing Chevron. One might think that when it comes to Chevron, there is “no new thing under the sun,” but in fact, Chevron is still full of surprises. When we turn …

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Introduction: What Matters For Black Workers After 2020?, Michael Z. Green Jan 2021

Introduction: What Matters For Black Workers After 2020?, Michael Z. Green

Faculty Scholarship

This paper operates as the Introduction to a Symposium that resulted from a Call for Papers discussing the topic of "What Matters for Black Workers after 2020?" to be published in the 25th volume of the Employee Rights and Employment Policy Journal for 2021. This paper briefly discusses the papers in that Symposium publication authored by Jamillah Bowman Williams, Michael Duff, and Henry Chambers that address this topic. I thank Noah Zatz, Marty Malin, Michael Oswalt, Marcia McCormick, and Tristan Kirvan for their dedicated efforts, feedback, and encouragement in completing this Symposium issue for the journal on this very important …

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Appellate Courts And Civil Juries, Adam N. Steinman Jan 2021

Appellate Courts And Civil Juries, Adam N. Steinman

Faculty Scholarship

In federal civil litigation, decision-making power is shared by juries, trial courts, and appellate courts. This Article examines an unresolved tension in the different doctrines that allocate authority among these institutions, one that has led to confusion surrounding the relationship between appellate courts and civil juries. At base, the current uncertainty stems from a longstanding lack of clarity regarding the distinction between matters of law and matters of fact. The high-stakes Oracle-Google litigation—which is now before the Supreme Court—exemplifies this. In that case, the Federal Circuit reasoned that an appellate court may assert de novo review over a jury’s verdict …

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Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu Jan 2021

Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu

Law Faculty Publications

We examine the libraries' roles within the "epistemic foundation of society.” Our analysis is in response to the omission of Yale Law Dean Gerken of the role of libraries in her recent article about legal education's new focus and to remarks by AALS President Vicki Jackson that suggest an uncertain role for libraries. We have adapted holistic ecological media theory, as developed by Ronald Deibert, to reject a technologically deterministic view of libraries as having no future. We have considered the role of law libraries in the social epistemology or cognitive authority of the legal community, the role of law …

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Foreword: A Century Since Suffrage: How Did We Get Here? Where Will We Go? How Will We Get There?, Rona Kaufman Jan 2021

Foreword: A Century Since Suffrage: How Did We Get Here? Where Will We Go? How Will We Get There?, Rona Kaufman

Law Faculty Publications

One hundred years have passed since (white) women attained the right to vote. In the century since the Nineteenth Amendment was ratified, American women have transitioned from an existence as mere objects of history to becoming active subjects of history. In 2019 and 2020, many programs and conferences were organized to celebrate the achievements of America's women and commemorate the 100th anniversary of women's suffrage. The Section on Women in Legal Education hosted a program at the January 2020 American Association of Law Schools (AALS) Annual Meeting titled, “A Century Since Suffrage: How Did We Get Here? Where Will We …

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Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres Jan 2021

Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres

Faculty Scholarship

The spring of 2020 saw waves of protest as police killed people of color. After George Floyd’s death, protests erupted in over 140 cities. The systemic racism exhibited by these killings has been uncontrollable, hopeless, and endless. Our country is facing a national crisis. In response to the police killings, businesses, schools, and communities held diversity workshops across the nation, and businesses and organizations posted antiracism statements. Legislators and City Councils introduced bills and orders to defund police and to limit qualified immunity. As schools prepared for the fall semester, teachers considered ways to incorporate antiracism materials into the curriculum. …

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Beyond Transparency And Accountability: Three Additional Features Algorithm Designers Should Build Into Intelligent Platforms, Peter K. Yu Jan 2021

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 …

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Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman Jan 2021

Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman

Faculty Scholarship

Should college athletes be compensated for their play and if so, how? The first question has been a debate for some time now. But the second question—the “how”—not so much. This writing addresses both questions in depth. With the Ed O’Bannon case that was decided back in August of 2014 and the palaver the Northwestern football team raised in their efforts to unionize, it is acknowledged that the discussions on this issue may have reached its crescendo years ago. That is until now. On September 27, 2019, Gavin Newsom, the Governor of California, signed into law Senate Bill 206. Senate …

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Ethical Challenges In The Middle Tier Of Covid-19 Vaccine Allocation: Guidance For Organizational Decision-Making, Nancy Berlinger, Matthew Wynia, Tia Powell, Aimee Milliken, Parinda Khatri, Fatma Marouf, Keisha Ray, Johanna Crane Jan 2021

Ethical Challenges In The Middle Tier Of Covid-19 Vaccine Allocation: Guidance For Organizational Decision-Making, Nancy Berlinger, Matthew Wynia, Tia Powell, Aimee Milliken, Parinda Khatri, Fatma Marouf, Keisha Ray, Johanna Crane

Faculty Scholarship

This supplement to The Hastings Center’s “Ethical Framework” aims to help structure time-sensitive discussion of significant, foreseeable ethical concerns in responding to Covid-19 and to support collaboration across institutions throughout pandemic response and recovery. It is designed for use by county health systems and by hospitals, community health centers, and other health care organizations responsible for patient care or preventive health, including vaccine education, vaccine distribution, and vaccination. This document aims to support formal and informal convening and policy work within the same geographic region, such as a municipality, county, metropolitan area, state, or multistate area, led by public health …

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Table Of Contents Jan 2021

Table Of Contents

Chicago Journal of International Law

Table of Contents (Winter 2021 / 21.2)

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A Transnational Law Of The Sea, Josh Martin Jan 2021

A Transnational Law Of The Sea, Josh Martin

Chicago Journal of International Law

It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law—such as sovereign exclusivity, equality, and territoriality—can be linked with a large majority of the governance “gaps” in the global ocean context. It thereby exonerates the falsely accused Grotius’s mare liberum doctrine and flag state regulation, which both still continue to receive an unmerited level of condemnation. …

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The Duel Between Reversible Error And Preservation: Florida Supreme Court To Have Last Word On Family Law Cases With Inadequate Statutorily-Required Findings, Larry R. Fleurantin Jan 2021

The Duel Between Reversible Error And Preservation: Florida Supreme Court To Have Last Word On Family Law Cases With Inadequate Statutorily-Required Findings, Larry R. Fleurantin

University of Florida Journal of Law & Public Policy

No abstract provided.

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Release Roulette: The Rural-Urban Pretrial Detention Divide In Florida, Matthew Baker Jan 2021

Release Roulette: The Rural-Urban Pretrial Detention Divide In Florida, Matthew Baker

University of Florida Journal of Law & Public Policy

No abstract provided.

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Conserving The Future: Policing Syndicated Conservation Easements, J.W. Glass Jan 2021

Conserving The Future: Policing Syndicated Conservation Easements, J.W. Glass

University of Florida Journal of Law & Public Policy

No abstract provided.

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Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2 Jan 2021

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

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The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian Jan 2021

The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian

Cardozo International & Comparative Law Review

The acquittal of Soghomon Tehlirian for assassinating Talaat Pasha, a key architect of the Armenian Genocide, represents a significant instance of symbolic jury nullification. This verdict symbolically addressed the moral and legal failure to hold Talaat Pasha accountable, influencing the development of international human rights law and figures like Raphael Lemkin.

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Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez Jan 2021

Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez

Cardozo International & Comparative Law Review

The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.

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Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan Jan 2021

Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan

Cardozo International & Comparative Law Review

The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …

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The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari Jan 2021

The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari

Cardozo International & Comparative Law Review

Nothing contributes more to the firmness and independence of the judiciary as permanency in office, as it enables judges to decide cases, regardless of whether their decisions please the executive or the legislature. The Constitution of Bangladesh, 1972, originally empowered the Parliament to remove judges of the Supreme Court only on the grounds of proved misbehavior or incapacity. However, the Constitution (Fourth Amendment) Act, 1975, which replaced parliamentary democracy with a presidential form of government, empowered the President to remove the judges of the Supreme Court in accordance with his own will. But two years later in April 1977, the …

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The Constitutional Incongruity Of "May-Issue" Concealed Carry Permit Laws, Noah C. Chauvin Jan 2021

The Constitutional Incongruity Of "May-Issue" Concealed Carry Permit Laws, Noah C. Chauvin

University of Florida Journal of Law & Public Policy

No abstract provided.

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Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd Jan 2021

Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd

University of Florida Journal of Law & Public Policy

No abstract provided.

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