Law Commons^™

How The American Taxation System Unduly Affects The Black Community

Florida A & M University Law Review

This article provides evidence that the American taxation system disproportionately impacts the Black community due to long-term tax policy implications, racial disparities in income, and the overall accumulation of wealth. Part I of this article will provide a brief synopsis of the start of the American taxation system and the first instances of tax implementation. Part II of this article will discuss the income disparities among the Black and White races and the interplay with gender. Part III of this article will expound on the effect that income inequalities, tax policies, and tax breaks have on wealth accumulation between Black …

Codifying Innocence: A Modest Step Toward Reform, J. Philip Calabrese

Case Western Reserve Law Review

No abstract provided.

Front Matter

Florida A & M University Law Review

No abstract provided.

Defying Middle Child Syndrome: A Proposal For Achieving Bar Success By Reimagining The 2l Experience, Eurilynne A. Williams

Journal Publications

Middle child syndrome is the belief that middle children are excluded, ignored, or even outright neglected because of their birth order. Traditional American law schools, just like many families, are comprised of several “children,” or more accurately stated, groupings of children consisting of 1L, 2L, and 3L students. The unspoken (or at least not very often spoken) truth about law schools is that the proverbial middle children, the 2Ls, have to a degree been excluded, ignored, or even outright neglected by the legal academy. While there is a body of research dedicated to children's personality traits based upon birth order,2 …

Vulnerable Populations: Climate Change And Extreme Weather Threats Facing Urban Communities, Kara Consalo

Journal Publications

This article explores increasing extreme weather threats facing American cities due to global climate change, including hurricanes, floods, heat waves, and wildfires. After explanation of such threats, the paper delves into case studies of the response and resiliency measures being undertaken by three preeminent coastal American cities to prepare for weather disasters: New York, Miami, and San Francisco. The paper concludes by providing guidance and recommendations for urban policymakers seeking to develop resiliency measures in the face of long-term effects and short-term emergencies created by climate and weather extremes. Such recommendations include how to initiate and fund development of climate …

Foreword To The American Dream

Florida A & M University Law Review

No abstract provided.

The (White) Washing Of American History

Florida A & M University Law Review

In 2019, the New York Times Magazine released a special issue of its magazine, called the 1619 Project, entirely dedicated to reframing the founding of America and placing the consequences of slavery and the contributions of Black Americans as central to America. The 1619 Project quickly became a national lightning rod—the book version of the project reached the top 100 on the bestseller lists of Amazon.com and Barnes&Noble.com more than a month before its release date, and several states responded by banning the teaching of The 1619 Project in schools. Bans on teaching The 1619 Project have erroneously referred to …

Designing An Equitable Border Carbon Adjustment Mechanism, Ivan Ozai

Articles & Book Chapters

Policy makers worldwide have increasingly considered the adoption of a carbon adjustment at the border to equalize carbon pricing on foreign goods with carbon policies imposed on domestic production. The implementation of a border carbon adjustment (BCA) in the European Union has been recently proposed by the European Commission, followed by similar plans in the United States and Canada, as an instrument designed to address concerns about competitiveness and emissions leakage resulting from the absence of a global price on carbon or an internationally coordinated carbon-pricing system. Despite its potential to address these issues, the implementation of a BCA raises …

Game Theory Optimized Fraud: How The Unlawful Internet Gambling Enforcement Act Created A Virtually Riskless Environment For White Collar Crime In Online Poker, Jeffrey Woolf

Upper Level Writing Requirement Research Papers

No abstract provided.

Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon

Upper Level Writing Requirement Research Papers

This comment argues that climate change threatens fundamental human rights recognized by the United Nations High Commissioner for Human Rights. Therefore, the United Nations should adopt the standards set forth in cases like Sacchi v. Argentina and Teitiota v. New Zealand to denote climate change as a threat to the right to health under Articles 11 and 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights. Climate change is already having monumental impacts on access to food and access to clean water and sanitation, which this comment demonstrates by analyzing two country case studies: The Central African …

A Lightweight Reliably Quantified Deepfake Detection Approach, Tianyi Wang, Kam Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Deepfake has brought huge threats to society such that everyone can become a potential victim. Current Deepfake detection approaches have unsatisfactory performance in either accuracy or efficiency. Meanwhile, most models are only evaluated on different benchmark test datasets with different accuracies, which could not imitate the real-life Deepfake unknown population. As Deepfake cases have already been raised and brought challenges at the court, it is disappointed that no existing work has studied the model reliability and attempted to make the detection model act as the evidence at the court. We propose a lightweight Deepfake detection deep learning approach using the …

Letter From The Editor, Ijeoma Oti

Notre Dame Journal of International & Comparative Law

No abstract provided.

Compensation Under The Microscope: Washington, Jeffrey Gutman

GW Law Faculty Publications & Other Works

This edition of “Compensation Under the Microscope” explores: What Does Washington Do About Dual-Eligibles?

A Little Dictum Is A Dangerous Thing: The Post Pandemic Need To Bust The Myth Of A So-Called “Trade Secret” Exception To California’S Statutory Ban On Non-Competition Agreements, Anderson, Bradford P.

Santa Clara Law Review

In the midst of a tight labor market and increased inflation, freedom of movement for employees is a critical right, allowing individuals to seek out the best employment opportunities. Freedom to change jobs, without non-compete restrictions, has a positive impact on innovation and technological progress, enabling the best and brightest minds to migrate to the most innovative employers paying the best wages and offering respectful treatment in the workplace. Concomitantly, employers may view such freedom of employee movement as a negative, due to a perception that the law results in increased turnover and hiring costs, as well as a risk …

An Industry-Contextual Approach To Predatory Innovation, Douglas, Erika M.

Santa Clara Law Review

“Predatory innovation” claims allege that a monopolist has redesigned its product to exclude competition, in violation of antitrust law. This Article examines the messy jurisprudence on predatory innovation. It finds analytical paradigms that are almost as numerous as the decisions themselves, and persistent Circuit splits. While some courts worry that judicial scrutiny of product redesigns will chill future innovation, others are willing to examine the competitive effects of exclusionary redesigns.

The Article proposes a new, industry-contextual approach to untangle this predatory innovation jurisprudence. In existing law, antitrust courts often treat innovation as monolithic across industries. The Article draws on cross-disciplinary …

Regulation Of Corporate Activity In The Space Sector, Kamalnath, Akshaya, Sarkar, Hitoishi

Santa Clara Law Review

This Article argues that commercialisation of space coupled with technological innovation calls for a regulatory approach beyond (and complementary to) the treaty regime offered by international law. The rapid technological advances in the financial sector and corresponding regulatory innovations make financial technology (fintech) regulation a likely candidate to draw lessons from for the nascent space sector. The Article draws from the fintech sector and proposes that some lessons about initial regulation via regulatory sandboxes and sandbox bridges are useful in the space sector. At the domestic level, the Article proposes regulatory sandboxes to enable innovation while ensuring the necessary safeguards; …

Limiting Executive Branch Judo In Federal Stem Cell Research Policies And Regulations, Lau, Andrew

Santa Clara Law Review

Human embryonic stem cell research has tremendous potential for treating or curing many diseases that cause human suffering. Nevertheless, federal funding for stem cell research has had a controversial history in the United States. While many Americans believe that stem cell research will lead to the development of critical medical technology, others oppose it because of its association with abortion. These ethical issues have made stem cell research a prime target for political posturing, particularly because of how much power presidents have over stem cell research policies. By using vetoes, directives, or executive orders to manipulate stem cell policies, presidents …

It Costs What!? To Start A Family? Infertility And The Constitutional Right To Procreate, Shillings-Barrera, Jessica

Santa Clara Law Review

Access to infertility treatment, particularly Assistive Reproductive Technology (“ART”), such as In Vitro-Fertilization (“IVF”), continues to be prohibitively expensive and is not typically covered by employer- based insurance plans. Only a handful of states require employer-based insurance plans to cover any kind of infertility treatment. However, even those states that do, are inconsistent about which types of treatment must be included in the qualifying plans and differ in their definitions of infertility. These inconsistencies, in both coverage and definition, operate as discriminatory gatekeeping devices, privileging certain would-be parents while discriminating against others by barring access to screening and treatment. Without …

Law Student Mindfulness For Cold Calling, Heather Simmons

Popular Media

Consider starting a daily mindfulness practice. While nothing can completely dispel the terror that cold calling initiates, having a specific plan can help.

Distrust, Negative First Amendment Theory, And The Regulation Of Lies, Helen Norton

Publications

This symposium essay explores the relationship between “negative” First Amendment theory—rooted in distrust of the government’s potential for regulatory abuse—and the government’s regulation of lies. Negative First Amendment theory explains why many lies are protected from governmental regulation—even when the regulation neither punishes nor chills valuable speech (as was the case, for example, of the statute at issue in United States v. Alvarez). But negative theory, like any theory, also needs limiting principles that explain when the government’s regulation is constitutionally justifiable.

In my view, we engage in the principled application of negative theory when we invoke it in (the …

Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith

Law Student Publications

"“The Court must periodically intervene in the perpetual battle between plaintiffs and corporations over personal jurisdiction, especially when one side has secured a competitive advantage. The time for such intervention has likely arrived.”

Emma is a resident of Billings, Montana, and she ordered the “Whitten 10-in-1, 8 Blade Onion Mincer, Chopper, Slicer, Cutter, Dicer, with Container” on Amazon. The product is a multifunctional kitchen tool that can chop, slice, cut, and dice your vegetable of choice. By pushing down on the container’s lid, the vegetable is forced through blades, resulting in perfectly cut vegetables. Via Amazon Prime, Emma received the …

Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds

Law Student Publications

Land is the central foundation around which all life is formed. Therefore, societies must have a stable connection with the land in order to be structurally sound. If this connection is weak or inflexible, every building-block of civilization laid on top of it will inevitably crumble. Some societies have established stable relationships with the land by working around and responding to nature’s rhythms in order to satisfy their needs. Whereas other societies have ignored nature’s intricacies and instead have tried to strong-arm nature into yielding to their whims. These two diametrically opposed approaches to conceiving of humans’ relationship with the …

Records About The School Of Law, St. Mary's University Archives

Finding Aids

The extant records of the Law School of Saint Mary’s University of San Antonio, Texas are assembled from the offices of the president, the vice president for academics, and other administrators. These records were generated by various administrators in pursuit of the educational objectives of the university. They include memos and letters between the law deans and the university administration, deliberations about educational policy, about faculty compensation, about tenure policies, and about curriculum. Also present are some records relating to law student associations, programs for in-service legal education (“law clinics”), and law school publications.

2022-2023 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Trans Empancipation Through Challenging The State, Scott Skinner-Thompson

Publications

No abstract provided.

Temporal Buffer Zones: The Constitutional Case For Regulating Political Speech Immediately Prior To Elections, Kiel Brennan-Marquez, Douglas M. Spencer

Publications

The First Amendment forbids most limits on political speech, but it permits buffer zones around polling stations on Election Day. This exception to the deregulatory thrust of election speech doctrine is striking, and strikingly under-theorized. In what follows, we excavate the core principle that underpins the buffer zone exception-decisional solemnity-and we argue that, properly understood, the same principle justifies the use of temporal buffer zones: stricter-than-normal regulations on certain types of political speech in the immediate vicinity of an election. Voting, we argue, is an act different in kind from the deliberation that precedes it. Accordingly, governmental efforts to ensure …

Voter Data, Democratic Inequality, And The Risk Of Political Violence, Bertrall L. Ross Ii, Douglas M. Spencer

Publications

Campaigns' increasing reliance on data-driven canvassing has coincided with a disquieting trend in American politics: a stark gap in voter turnout between the rich and poor. Turnout among the poor has remained low in modern elections despite legal changes that have dramatically decreased the cost of voting. In this Article, we present evidence that the combined availability of voter history data and modern microtargeting strategies have contributed to the rich-poor turnout gap. That is the case despite the promises of big data to lower the transaction costs of voter outreach, as well as additional reforms that have lowered the barriers …

Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang

Publications

This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate—defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which economically captures the intuitive notion that people can derive pleasure and pain directly from their and other people's beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories about …

Against The Wind: James Boyd White And The Struggle To Keep Law Alive, Todd M. Stafford

Publications

No abstract provided.

Masthead

Journal of Race, Gender, and Ethnicity

No abstract provided.