Law Commons^™

A History Of Law In Canada, Volume One: Beginnings To 1866 By Philip Girard, Jim Phillips & R. Blake Brown, Shelley A. M. Gavigan

Osgoode Hall Law Journal

This is a book that every student of Canadian law should read in the first month of law school, before the smoke of the Charter of Rights and Freedoms gets in their eyes and they succumb to the notion that Canadian law really began in 1982. The smoke that blurred the eyes of previous generations of law students carried the message that law arrived in Canada in whatever year English law had been deemed to be received in British North America. With this first volume, A History of Law in Canada Volume One: Beginnings to 1866, and the anticipated publication …

Beyond The Northwest Forest Plan, Melda Kamil Ariadno

Indonesian Journal of International Law

The United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by …

Workplace Dispute Resolution In Ireland At A Crossroads: Challenges And Opportunities, Brian M. Barry Dr

Articles

The Workplace Relations Act 2015 fundamentally reformed the workplace dispute resolution system in Ireland–the centrepiece being the Workplace Relations Commission, the new body for first-instance dispute resolution. While the overall system is an improvement on its overly-complex and confusing predecessor, the Supreme Court’s decision in Zalewski v An Adjudication Officer declaring aspects of adjudication at the WRC unconstitutional, coupled with user representatives’ persistent concerns about how adjudication is conducted, present ongoing challenges.

This article describes the results of a survey undertaken in 2019 by the author of over one hundred representatives’ views on the system, and contextualises them in light …

Delegation, Administration, And Improvisation, Kevin Arlyck

Notre Dame Law Review

Nondelegation originalism is having its moment. Recent Supreme Court opinions suggest that a majority of Justices may be prepared to impose strict constitutional limits on Congress’s power to delegate policymaking authority to the executive branch. In response, scholars have scoured the historical record for evidence affirming or refuting a more stringent version of nondelegation than current Supreme Court doctrine demands. Though the debate ranges widely, sharp disputes have arisen over whether a series of apparently broad Founding-era delegations defeat originalist arguments in favor of a more demanding modern doctrine. Proponents—whom I call “nondelegationists”—argue that these historical delegations can all be …

Comments Regarding “Technical Support Document: Social Cost Of Carbon, Methane, And Nitrous Oxide Interim Estimates Under Executive Order 13990”, Lawrence G. Baxter, Jospeh E. Stiglitz, Stephanie Kelton, Jay C. Shambaugh

Regenerative Crisis Response Committee

No abstract provided.

Secondary Capital For Credit Unions: Fact Sheet, Regenerative Crisis Response Committee

Regenerative Crisis Response Committee

Remove the NCUA rule restricting secondary capital access to low-income designated institutions, designating climate mitigation and opportunity finance as eligible for secondary capital.

Public Input On Climate Change Disclosures, Lawrence G. Baxter, Peter R. Fisher, Gina-Gail S. Fletcher, Megan Greene, Joseph E. Stiglitz

Regenerative Crisis Response Committee

No abstract provided.

The Myth Of Carbon Offsets, Lawrence G. Baxter, Megan Greene, Stephanie Kelton, Jennifer M. Silvi, Hannah H. Braun, Missie Frandsen, Rohan Kocharekar

Regenerative Crisis Response Committee

The RCRC’s mandate is to help identify and incubate fiscal, monetary, and financial regulatory policy solutions that will put the United States on track for net-zero emissions before 2050. Informed by the work of many scientists, regulators, climate advocates, and international organizations, we take a broadly critical view of the many carbon credit markets and offsetting strategies that have developed thus far and urge policymakers, firms, and other organizations to reevaluate and refine this approach. This paper discusses some of the foundational challenges associated with the practice of offsetting and presents recommendations to chart an alternative path forward.

The Case For Climate Conscious, Low Carbon Federal Procurement, Jay C. Shambaugh, Gina-Gail S. Fletcher, Jennifer M. Silvi, Hannah H. Braun, Missie Frandsen, Peter A. Bruno

Regenerative Crisis Response Committee

Purchasing practices are one of many contributors to the climate crisis. As the world’s largest purchaser of goods and services, the U.S. Federal Government is in a unique position to cut a significant portion of national emissions through the development of more responsible, sustainable, and—most importantly—climate-conscious supply chains. According to the Office of the Federal Chief Sustainability Officer, federal supply chain emissions associated with federal contracts are twice as high as Federal Scope 1 and Scope 2 emissions, combined. As such, reforming Federal procurement practices to limit direct emissions as well as emissions in supply chains can play a crucial …

Making Green Mortgages Mainstream & Accessible, Megan Greene, Adam Tooze, Jennifer M. Silva, Rohan Kocharekar, Hannah H. Braun

Regenerative Crisis Response Committee

No abstract provided.

Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington

Honors College Theses

This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …

The Duty Not To Continue Distributing Your Own Libels, Eugene Volokh

Notre Dame Law Review

Say something I wrote about you online (in a newspaper, a blog, or a social media page) turns out to be false and defamatory. Assume I wasn’t culpable when I first posted it, but now I’m on notice of the error.

Am I liable for defamation if I fail to remove or correct the erroneous material? Surprisingly, courts haven’t settled on an answer, and scholars haven’t focused on the question. Libel law is stuck in a time when newspapers left the publisher’s control as soon as they are printed—even though now an article or a post can be seen on …

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron

Notre Dame Law Review

Who is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with enforcing forum selection clauses …

2021 December, Cleveland-Marshall College Of Law

2020s

No abstract provided.

The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark

Hofstra Law Review

No abstract provided.

Oversight Riders, Kevin M. Stack, Michael P. Vandenbergh

Notre Dame Law Review

Congress has a constitutionally critical duty to gather information about how the executive branch implements the powers Congress has granted it and the funds Congress has appropriated. Yet in recent years the executive branch has systematically thwarted Congress’s powers and duties of oversight. Congressional subpoenas for testimony and documents have met with blanket refusals to comply, frequently backed by advice from the Department of Justice that executive privilege justifies withholding the information. Even when Congress holds an official in contempt for failure to comply with a congressional subpoena, the Department of Justice often does not initiate criminal sanctions. As a …

Copyright And The Creative Process, Mark Bartholomew

Notre Dame Law Review

Copyright is typically described as a mechanism for encouraging the production of creative works. On this view, copyright protection should be granted to genuinely creative works but denied to non-creative ones. Yet that is not how the law works. Instead, almost anything—from test answer sheets to instruction manuals to replicas of items in the public domain—is deemed creative and therefore eligible for copyright protection. This is the consequence of a century of copyright doctrine assuming that artistic creativity is incapable of measurement, unaffected by personal motivation, and incomprehensible to novices and experts alike. Recent neuroscientific research contradicts these assumptions. It …

Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering

Notre Dame Law Review

Part I of this Note begins with a discussion of who Banksy is and why his work is important to this legal debate, finishing with a detailed description of the features of conceptual art that are relevant for legal analysis and an argument that the shredding stunt—the event itself, not the partially shredded canvas—is a work of conceptual art. Part II argues that the unique features of the shredding stunt, and of future works in the same artistic category, present a novel legal problem both for artists and for buyers. This novel problem is explored through the lens of …

Delegation And The Continuity Thesis, Andrew S. Gold

Faculty Scholarship

No abstract provided.

It’S A Trap: A New Economic Model Addressing American Public Education, Nikhil A. Gulati

Notre Dame Law Review

This Note will argue that, when looking at the quality of a school district, there is some theoretical threshold that determines whether the use of local property tax and zoning by a local government will be effective in increasing the quality of the locality’s schools. This theoretical threshold is conceptually akin to the basic economic idea of a poverty trap. If a locality’s schools are above this quality threshold, the corresponding local government will be able to effectively utilize property taxes and zoning to increase the quality of its schools. However, if it is below the threshold, the local government …

Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts

Notre Dame Law Review

Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of …

Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi

Notre Dame Law Review

In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court held that federal antidiscrimination law prohibits employment discrimination on grounds of sexual orientation and gender identity. Unsurprisingly, the result won wide acclaim in the mainstream legal and popular media. Results aside, however, the reaction to Justice Neil Gorsuch’s majority opinion, which purported to ground the outcome in a textualist approach to statutory interpretation, was more mixed. The great majority of commentators, both liberal and conservative, praised Justice Gorsuch for what they deemed a careful and sophisticated—even “magnificent” and “exemplary”—application of textualist principles, …

Libel By Omission Of Exculpatory Legal Decisions, Eugene Volokh

Notre Dame Law Review

Is it libelous to write that someone has been convicted of a crime, but to fail to mention that the conviction has been reversed? Or to write that someone has been charged, without mentioning the acquittal? The answers, it turns out, are often “yes”; this Article lays out the precedents that so conclude.

Cancelling Capitalism?, Christina P. Skinner

Notre Dame Law Review

Grow the Pie’s defense of capitalism is a tremendous contribution, albeit one which Edmans himself downplays. While the author largely bills his work as one aiming to correct the factual record about profitmaximization— while providing pointers for managers and policymakers—Edmans reaffirms the validity and viability of corporate capitalism as an ideology that, in practice, advances human welfare.

Injecting this viewpoint into the academic debate is critically important at a time when voices of stakeholderists seem the loudest. Sociological research long ago confirmed that societal expectations (as often shaped by academic discourse) have real impact on our social systems and …

Book Review: Is Law Computable?: Critical Perspectives On Law And Artificial Intelligence, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

Trumped: Intentional Voter Suppression In The Wake Of The 2020 Election, Wesley N. Watts

Mercer Law Review

There was nothing normal about the year 2020. For just the third time in history, an American president was impeached, world icons John Lewis and Kobe Bryant passed away, the country of Australia was devastated by brushfires that burned some forty-six million acres of land, and The United States faced a racial reckoning the likes of which had been unseen since the Civil Rights era. All of this took place on the heels of a global pandemic that has killed more than 4.3 million people to date and has infected 10% of the global population. These events of the year …

Domestic Relations, Andrew B. Mcclintock, Allison C. Ellison

Mercer Law Review

This Article addresses significant case law and legislative updates to Georgia domestic relations law that arose during the Survey period from June 1, 2020 through May 31, 2021. Notably, this period includes the state of emergency declared by the Governor and statewide judicial emergency declared by Chief Justice Harold D. Melton on March 14, 2020, in response to the outbreak of the novel coronavirus (COVID-19) in the state of Georgia during the first quarter of 2020. The majority of litigation deadlines were reinstated effective July 13, 2020, as part of the Fourth Order Extending Statewide Judicial Emergency issued by the …

When Coaching Becomes Criminal, Amanda J. Peters

The University of New Hampshire Law Review

No abstract provided.

Covid-19, Constitutional Law, And Catastrophe, Brendan Williams

The University of New Hampshire Law Review

No abstract provided.

Uncloaking The Invisible Hand: Reintroducing Fairness To Antitrust Analyses, Jennifer Coté

The University of New Hampshire Law Review

Antitrust doctrine adopted the Chicago School’s narrow consumer welfare and economic efficiency analysis in the early 1970s. Since then, enforcement has drastically reduced, and market concentration has substantially increased. But the Chicago School is not true to either the intent of the original antitrust legislation – the Sherman Act – nor to the ‘economist’ they adopted as their ultimate advocate, Adam Smith. The Chicago School has cherry picked Adam Smith’s written works to support market deregulation and the existence of a perfectly efficient, rational marketplace, but this is not an accurate rendition of his works. Rather, Adam Smith was a …