Law Commons^™

What To The Nation Is The American Soldier? Shifting Conceptions Of Service, Rights, And Belonging In The Civil War, Julie Novkov

Maryland Law Review

No abstract provided.

A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller

Maryland Law Review

No abstract provided.

Public Land Management’S Future Place: Envisioning A Paradigm Shift, Sam Kalen

Maryland Law Review

No abstract provided.

It’S Not Ok, Boomer: Preventing Financial Power-Of-Attorney Abuse Of Elders, Genevieve Mann

Maryland Law Review

No abstract provided.

The Pendulum Swings Right: How The Roberts Court Rejected Precedent And Mobilized Federalism To The Detriment Of American Youth In Jones V. Mississippi, Tori A. Shaw

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

Distinguishing Juvenile Law And Juvenile Education: Undoing The School-To-Prison Pipeline Approved In In Re S.F., Anna Manogue

Maryland Law Review

No abstract provided.

Guilty Minds, Michael Serota

Maryland Law Review

No abstract provided.

West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday

Maryland Law Review

No abstract provided.

The Larry Nassar Hearings: Victim Impact Statements, Child Sexual Abuse, And The Role Of Catharsis In Criminal Law, Rosemary Ardman

Maryland Law Review

No abstract provided.

Prescribing Exploitation, Charlotte A. Tschider

Maryland Law Review

No abstract provided.

Kennedy V. Bremerton School District: Throwing A Red Flag For The Public-Employee Speech Arena To Challenge The Court’S Hail Mary, Isabella Henry

Maryland Law Review

No abstract provided.

Considering Vulnerability Of Abuse As A Facet Of Identity: A Call For Reform In Child Custody Proceedings, Samantha Fitzgerald

Maryland Law Review

No abstract provided.

The Pledging World Order, Melissa (M.J.) Durkee

Scholarship@WashULaw

There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Prosecuting The Crisis, Benjamin Levin

Scholarship@WashULaw

Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …

Fourth Amendment Notice In The Cloud, Neil M. Richards, Jesse Lieberfeld

Scholarship@WashULaw

The widespread storage of documents through the range of Internet technologies known as “the cloud” offers tremendous convenience but also creates significant risks of exposure to third parties. In particular, law enforcement investigators seeking access to potentially relevant evidence have aggressively and extensively used the Electronic Communications Act of 1986 (“ECPA”) to execute digital searches. But a relatively obscure provision of ECPA, § 2703, allows law enforcement to search a person’s Fourth Amendment “papers” without them ever learning that a warrant has allowed the exposure of their private, sensitive, and possibly incriminating documents. What is more, federal and state law …

Privatizing International Governance, Melissa (M.J.) Durkee

Scholarship@WashULaw

Public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan’s launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, and other global governance agendas. At the same time, UN climate change bodies have been criticized …

Space Law As Twenty-First Century International Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …

Comments Of The Cordell Institute On Ai Accountability, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

These comments are a response to the National Telecommunications and Information Administration's 2023 request for comment on AI accountability (AI Accountability RFC, NTIA–2023–0005).

Responding to NTIA’s recent inquiry into AI assurance and accountability, we offer two main arguments regarding the importance of substantive legal protections. First, a myopic focus on concepts of transparency, bias mitigation, and ethics (for which procedural compliance efforts such as audits, assessments, and certifications are proxies) is insufficient when it comes to the design and implementation of accountable AI systems. We call rules built around transparency and bias mitigation “AI half-measures,” because they provide the appearance …

A Concrete Proposal For Data Loyalty, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued “notice and choice” model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart of their proposed privacy bills. This is important because a duty of data loyalty has the potential to anchor American privacy law in a way analogous to how the European Union approach is grounded in fundamental rights of privacy and data protection.

Unfortunately, there remains some …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

R & M Durrant Family, Llc, Appellee, Vs. Roger Rigby Durrant, Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment and underlying rulings entered by the Third Judicial District Court of Utah, in and for Tooele County, the Honorable Teresa Welch, Presiding

R & M Durrant Family, Llc, Appellee, Vs. Roger Rigby Durrant, Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment and underlying rulings entered by the Third Judicial District Court of Utah, in and for Tooele County, the Honorable Teresa Welch, Presiding

Manuel Lopez, Appellant, V. Owell Precast And/Or Worker's Compensation Fund Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEES OWELL PRECAST AND WCF MUTUAL INSURANCE COMPANY

Manuel Lopez, Petitioner/Appellant, V. Orwell Precast; Workers Compensation Fund,Respondents/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT Appeal From Labor Commission - Appeals Board

Are Lawyers’ Case Selection Decisions Biased? A Field Experiment On Access To Justice, Jens Frankenreiter, Michael A. Livermore

Scholarship@WashULaw

The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients’ names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race is a significant factor, but we also explore race and gender interactions. We find that ostensibly Black or Hispanic inquirers receive fewer responses than ostensibly White inquirers, a result largely driven by preferential treatment of White female inquirers. The racial disparities are larger than those previously documented in contexts such as …

Removal Rehashed Legal History: Response, Andrea Scoseria Katz, Noah A. Rosenblum

Scholarship@WashULaw

We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal. In this new piece, Professors Aditya Bamzai and Saikrishna Bangalore Prakash aim to persuade readers that the President’s power to remove executive officers is exclusive and nondefeasible; textually mandated; and a matter of common assent at the time of the Founding.

There are high hurdles to proving this argument, and this piece fails to scale them. There is little evidence for any of these separate contentions, whether we look to the Constitution’s text or the history …

Natural Language Processing In Legal Tech, Jens Frankenreiter, Julian Nyarko

Scholarship@WashULaw

Natural language processing techniques promise to automate an activity that lies at the core of many tasks performed by lawyers, namely the extraction and processing of information from unstructured text. The relevant methods are thought to be a key ingredient for both current and future legal tech applications. This chapter provides a non-technical overview of the current state of NLP techniques, focusing on their promise and potential pitfalls in the context of legal tech applications. It argues that, while NLP-powered legal tech can be expected to outperform humans in specific categories of tasks that play to the strengths of current …

Incomplete Contracts And Future Data Usage, Jens Frankenreiter, Talia B. Gillis, Dan Svirsky

Scholarship@WashULaw

Most major jurisdictions require websites to provide customers with privacy policies. For consumers, a privacy policy's most important function is to provide them with a description of the online service provider's current privacy practices. We argue that these policies also serve a second, often-overlooked function: they allocate residual data usage rights to online services or consumers, including the power to decide whether a service can modify its privacy practices and use consumer data in novel ways. We further argue that a central feature of the E.U.'s General Data Protection Regulation (GDPR), one of the most comprehensive and far-reaching privacy regulatory …