Law Commons^™

Bringing Section 8 Home: An Argument For Recognizing A Reasonable Expectation Of Privacy In Metadata Collected From Smart Home Devices, Ana Qarri

Canadian Journal of Law and Technology

Internet of Things devices (also known as smart home devices) are a fast-growing trend in consumer home electronics. The information collected from these devices could prove very useful to law enforcement investigations. These individual pieces of metadata — the collection of which might appear harmless on its face — can be highly revealing when combined with other metadata or information otherwise available to law enforcement. This article builds an argument in favour of recognizing a reasonable expectation of privacy in metadata collected from smart home devices under section 8 of the Canadian Charter of Rights and Freedoms. This article presents …

Let The Machines Do The Dirty Work: Social Media, Machine Learning Technology And The Iteration Of Racialized Surveillance, Subhah Wadhawan

Canadian Journal of Law and Technology

Post 9/11, where the current social and cultural temperature has constructed Islam as interchangeable with terrorism, digital intermediaries have responded with increased censorship of speech related to, emerging from, or advocating Islamic ideology. At the heart of this paper is the argument that digital intermediaries have relied on the opaqueness of machine learning technology (‘‘MLT”) to realize racialized surveillance, whereby speech concerning Islamic content has been disproportionally censored. This paper maps out how inherent biases concerning the ideology of Islam have been interwoven into the coding and machine learning used by the major tech giants. As a result of the …

The United Nations Security Council And Arms Control: A Failure Of Responsibility, Mary Ellen O'Connell, Sawyer White

Book Chapters

From the Publisher
Chapter thirty-six critically examines the UN Security Council's role in arms control law. The authors argue that the Permanent Members of the Security Council have failed time again to meet nuclear non-proliferation obligations. The chapter pinpoints that - far from preventing proliferation - members of the Security Council are responsible for every state that has acquired nuclear weapons in violation of the NPT since the treaty's inception. This failure is not without consequence. For decades, there was a sense of prestige and a degree of deference that the Security Council and its P5 members enjoyed. This was …

Targeted Killing, Mary Ellen O'Connell

Book Chapters

From the Introduction

Targeted killing is the intentional use of lethal force by government authorities to kill selected persons not in the government’s custody. This is also a definition of assassination. It is widely accepted that assassination violates the right to life. For this reason, the term ‘targeted killing’ came into use in place of assassination to convey a perception of legality.

Fundamental Rights And Fundamental Relationships: The Family In Comparative Constitutional Law, Paolo G. Carozza

Book Chapters

The chapter is part of the Proceedings of the 2022 Plenary Session
The Family as a Relational Good: the Challenge of Love
27-29 April 2022
Pierpaolo Donati (editor)
Acta 23, Libreria Editrice Vaticana, Vatican City, 2023

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Violence Everywhere: How The Current Spectacle Of Black Suffering, Police Violence, And The Violence Of Judicial Interpretation Undermine The Rule Of Law, David B. Owens

Articles

No abstract provided.

Taxing Creativity, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

The recent sell offs of song catalogs by Bob Dylan, Stevie Nicks, Neil Young, and Mick Fleetwood for extraordinarily large sums of money raise questions about the law on creativity. While patent and copyright laws encourage a wide array of creative endeavors, tax laws governing monetization of creative works do not. The Songwriters Capital Gains Equity Act, in particular, solidifies creativity exceptionalism, exacerbates tax inequities among creators, and perpetuates racial disparities in the tax Code. This Article asserts that the law must encourage creativity from all creators. It is time to eliminate tax exceptionalism for musical compositions or expand its …

The Injustice Of 1.5°C–2°C: The Need For A Scientifically Based Standard Of Fundamental Rights Protection In Constitutional Climate Change Cases, Andrea K. Rodgers, Lauren E. Sancken, Jennifer Marlow

Articles

In 2015, signatories to the Paris Agreement agreed to the goal of keeping global temperature rise this century to well below 2°C above preindustrial levels and to pursue efforts to limit the temperature increase even further to 1.5°C. Although the adoption of the Paris Agreement was in many ways a political triumph, seven years later many climate advocates are presenting the Paris target to judicial bodies as the de facto legal standard for fundamental rights protection in climate change cases. Yet, the history leading up to the signatories’ ultimate adoption of the Paris Agreement target suggests that the target is …

Modeling Through, Ryan Calo

Articles

Theorists of justice have long imagined a decision-maker capable of acting wisely in every circumstance. Policymakers seldom live up to this ideal. They face well-understood limits, including an inability to anticipate the societal impacts of state intervention along a range of dimensions and values. Policymakers cannot see around corners or address societal problems at their roots. When it comes to regulation and policy-setting, policymakers are often forced, in the memorable words of political economist Charles Lindblom, to “muddle through” as best they can.

Powerful new affordances, from supercomputing to artificial intelligence, have arisen in the decades since Lindblom’s 1959 article …

Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark

Georgia Law Review

An exoneree’s story does not end when they walk out of prison and back into society. After spending years in prison for a crime they did not commit, the exoneree must rebuild a life with years of lost income, little credit, and no retirement. Georgia is one of the few states that does not have a statute setting out how to fairly and efficiently compensate its exonerees. Exonerees must instead ask state representatives to present a resolution to the General Assembly. If the resolution passes through both chambers of the legislature, then the exoneree can receive some compensation for the …

Discrimination, Trump V. Hawaii, And Masterpiece Cakeshop, Christopher C. Lund

Georgia Law Review

This short symposium piece is a comment on two of the Supreme Court’s recent religion cases. The first is Trump v. Hawaii, the travel ban case, where the Court rejected the claim of unconstitutional religious discrimination against Muslims.1 The second is Masterpiece Cakeshop, the case about the baker who refused to make a cake for a gay wedding, where the Court accepted the claim of unconstitutional religious discrimination against a conservative Christian.2 One case finds discrimination, while the other rejects it. Yet more fundamentally, the pairing suggests differences in how we perceive or react to evidence of discrimination. Both on …

Regulatory Constitutional Law: Protecting Immigrant Free Speech Without Relying On The First Amendment, Michael Kagan

Georgia Law Review

The Supreme Court has long deprived immigrants of the full protection of substantive constitutional rights, including the right to free speech, leaving undocumented immigrants exposed to detention and deportation if they earn the government’s ire through political speech. The best remedy for this would be for the Supreme Court to reconsider its approach. This Essay offers an interim alternative borrowed from an analogous problem that arises under the Fourth Amendment. Under the Constitution, the Supreme Court has indicated that illegally obtained evidence may be suppressed in a removal proceeding only if the Fourth Amendment violation was “egregious.” Yet, some circuit …

Richmond Law Magazine: Winter 2022, University Of Richmond

Richmond Law Magazine

Free Britney (and other legal lessons from the headlines)

The Making of a More Perfect Union

Richmond Law: A Story in 7 Objects

Winter 2022

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Editors in Chief: Zainab Adejumobi, Tiffany Ward

Graphic Design & Layout: Alexandra Fox

Photography: Syameena Pullai

Chapter Eight - Technology And The Law: The Automobile (By James Willard Hurst), Bj Ard, William J. Novak

Articles

In this chapter we are going to talk about some of the automobile effects that it has had. Upon the law, and some of the effects that the law has had upon the automobile. We could undoubtedly open up some worthwhile lines of thought, if we talked about the automobile in relation to, certain brooder problems of which it is a part: for example, the effects of the internal combustion the growth engine, or of all types of communication. But we shall have enough on our hands if we stick to the automobile, and even so in the limits of …

A Second Chance At Choice?: Challenging Abortion “Reversal” As Law And Medical Practice, Christen Hammock Jones

American University Journal of Gender, Social Policy & the Law

Introduction.

I felt like my soul was crying and pleading with the Lord on behalf of my baby’s life. I know God heard my prayer because Elizabeth called me back with the answer to my prayers: Patsy and Willie from the San Juan Diego center. I went to see Patsy the next morning at 7 am, less than 12 hours since I took the first pill. Of course, I was nervous, but I decided I had to trust the solution that God had provided me with. The morning I was scheduled to go and see Patsy, she called me and …

Stereotyping Evidence: The Civil Exception To The Federal Rape Shield Law And Its Embedded Sexual Stereotypes, Ramona Albin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Poor Gabriel: How Ambiguous State Immunity Policies For Child Protection Agency Workers Fail Children Of Color, Samiksha Manjani

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Toxic Therapy: Examining The Constitutionality Of Conversion Therapy Bans In Light Of Otto, Kathleen Stoughton

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride

American University Journal of Gender, Social Policy & the Law

One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …

“Are We Just Going To Sit Back And Wait For ‘Regulatory Roller Coasters’ To Derail? Balancing Public Policy Vs. Fet Violations In Investment-Arbitration”, Gilberto Guerrero-Rocca

Faculty Publications

No abstract provided.

Creating A Certification For Trustworthy Ai? If, When & The Future For Legal Professionals & Clients, American Bar Association, Darla Jackson

Other Faculty Publications

No abstract provided.

Opened Doors: A Tribute To Jon Forman, Katheleen Guzman

Other Faculty Publications

No abstract provided.

Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William H.J. Hubbard

Coase-Sandor Institute for Law & Economics Research Paper Series

Civil procedure serves a multitude of goals, from regulating the cost of fact gathering, to dictating the rules of advocacy in court, to promoting public participation in trials. To what extent can procedural design serve them all, or must rules sacrifice some interests to serve others? In this paper, we are the first to introduce a theory of procedure design that answers this question. We build upon the fundamental insight that the goals of civil procedure, as varied as they are, all occupy a common conceptual space—each addresses an externality, positive or negative, that litigation creates. This insight allows us …

Stark Choices For Corporate Reform, Aneil Kovvali

Coase-Sandor Institute for Law & Economics Research Paper Series

For decades, corporate law scholars insisted on a simple division of responsibilities. Corporations were told to focus exclusively on maximizing financial returns to shareholders while the government tended to all other concerns by adopting new regulations. As reformers challenged this orthodoxy by urging corporations to take action on pressing social problems, defenders of the status quo have responded by suggesting that these efforts could be dangerous. In their view, internal corporate governance reforms could interfere with the adoption of external governmental regulations that would be more effective. The hypothesis that reformers face a stark choice between pursuing internal corporate changes …

Spacs, Pipes, And Common Investors, Saul Levmore, Frank Fagan

Coase-Sandor Institute for Law & Economics Research Paper Series

Special Purpose Acquisition Companies, or SPACs, have come to play a large role in bringing together small and large investors in the acquisition and expansion of private companies. A pessimistic version of this relatively recent alternative to conventional initial public offerings (IPOs), and other methods of investing in companies ready to expand, is that clever sharks take advantage of overly optimistic and ill-informed small investors. This Article offers a very different view. It shows that small investors need someone to locate good investment opportunities, and then often also benefit if another well-informed party can credibly vouch for the entity that …

Countercyclical Corporate Governance, Aneil Kovvali

Coase-Sandor Institute for Law & Economics Research Paper Series

The American economy has lurched from crisis to crisis for over a decade, enduring long stretches of high unemployment, market dysfunction, and ineffective government policy. Despite the enormous scale of this suffering and disruption, the full implications of the experience have not been absorbed by the corporate governance literature. Corporate law’s focus on delivering financial returns to shareholders works reasonably well in a robust economy, when markets function effectively and align shareholder incentives with the goal of maximizing social wealth. But these tidy mechanisms fail in periods of macroeconomic stress, when markets send faulty signals and firms pursuing short-term shareholder …

Regulatory Diffusion, Jennifer Nou, Julian Nyarko

Coase-Sandor Institute for Law & Economics Research Paper Series

Regulatory diffusion occurs when an agency adopts a substantially similar rule to that of another agency. Indeed, regulatory texts proliferate just like other forms of law like constitutions, statutes, and contracts do. While this insight has been explored across countries, this dynamic also occurs closer to home: American administrative agencies regularly borrow language from one another. By our measure, in recent years, agencies reused one out of every ten paragraphs of the Code of Federal Regulations from another rulemaking. These insights are timely given a recent Supreme Court decision calling for judges to engage in less deferential regulatory interpretation. As …

The Win-Win That Wasn’T: Managing To The Stock Market’S Negative Effects On American Workers And Other Corporate Stakeholders, Aneil Kovvali, Leo E. Strine

Coase-Sandor Institute for Law & Economics Research Paper Series

Easterbrook and Fischel’s work suggests that society as a whole would achieve the best results if corporate leaders focused only on raising stock prices, leaving other institutions to tend to all other interests. But the idea that making societally-important corporations govern to the whims of the stock market would be a win-win for investors, other corporate stakeholders, and our society as a whole has proven incorrect. At bottom, Easterbrook and Fischel failed to contend with the real world realities that allow investors to profit by shifting distributions and political power to themselves, while shifting costs and risks to workers, creditors, …