Law Commons^™

Brokered Abuse, Thomas E. Kadri

Scholarly Works

This chapter examines how data brokers, companies that collect, sell, and trade personal information, enable and intensify interpersonal abuse. The article analyzes the data brokerage industry’s role in undermining personal obscurity, the relative safety that comes from being difficult to find or understand, and explores how current laws not only fail to address these harms but can make them worse. The chapter argues that existing privacy regimes, particularly those requiring victims to request data removal from individual brokers, impose psychological burdens and can retraumatize victims.

The Periphery Of Bankruptcy Law: The Importance Of Non-Bankruptcy Issues In Consumer Bankruptcy, Pamela Foohey

Scholarly Works

One in eleven Americans have filed bankruptcy at some point during their lives. Based on the number of consumer bankruptcy cases initiated during the past several decades, about one million individuals will file every year. This makes bankruptcy courts the leading federal courts with which people have contact. Embedded in people’s cases are a host of legal issues that do not directly implicate bankruptcy law, such as the interpretation of states’ exemptions laws and Article 9 of the Uniform Commercial Code, the avoidance of liens, and defenses to contract claims. Consumer bankruptcy law, via its process, is intertwined with the …

Reconstruction, And The Unfulfilled Promise Of Antitrust, Greg Day, Bennett Capers

Scholarly Works

Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from enacting Black Codes to shuttering Chinese laundries to barring women, immigrants, and minorities from certain professions. It is also that states continue to use their monopoly power in ways that entrench inequality, from zoning restrictions to eminent domain to regulations that, in effect, bar Black …

Distinguishing Privacy Law: A Critique Of Privacy As Social Taxonomy, Maria P. Angel, Ryan Calo

Scholarly Works

What distinguishes violations of privacy from other harms? This has proven a surprisingly difficult question to answer. For over a century, privacy law scholars labored to define the illusive concept of privacy. Then they gave up. Efforts at distinguishing privacy came to be superseded at the turn of the millennium by a new approach: a taxonomy of privacy problems grounded in social recognition. Privacy law became the field that simply studies whatever courts or scholars talk about as related to privacy.

And it worked. Decades into privacy as social taxonomy, the field has expanded to encompass a broad range of …

Section 230 Reform, Liberalism, And Their Discontents, Mateusz Blaszczyk

Scholarly Works

The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the …

Trustless Trust And Antitrust: A Synthesis, Mateusz Blaszczyk

Scholarly Works

Authors have written of antitrust law’s demise in the face of blockchain, which, seemingly, achieves the pro-competitive ends of the law through technology and private ordering. Permissionless blockchains in particular are said to offer a vision of radical disintermediation and a break with the platform economy troubling the regulators today. At the same time, blockchain supposedly presents challenges to antitrust doctrine, from the most basic of concepts to the viability of enforcement and remedies. Finally, blockchain community governance is said to allow for private ordering of antitrust, i.e., enforcement of rules attempting to protect competition, which are at the same …

Taxing Dirty Luxuries, Victoria J. Haneman

Scholarly Works

Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Assessing A Potential Deviation In The Legislative Process: The Use Of Vehicle Bills In South Dakota, Neil Fulton, Sarah Kammer, Patrick M. Garry

South Dakota Law Review

No abstract provided.

The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.

Symposium On Rural Lawyers: Keynote Address, Steven R. Jensen

South Dakota Law Review

No abstract provided.

Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard

South Dakota Law Review

No abstract provided.

The Other Half: Challenges Of The Part-Time Rural Prosecutor, Margaret Raymond

South Dakota Law Review

No abstract provided.

Theorizing Legal Vulnerability To Enhance Rural Access To Justice, Brian R. Farrell, Daria Fisher Page, Ryan T. Sakoda

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Do Universities Meet Their Democratic Obligations?, Neil Fulton

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Conflicts Of Law And The Abortion War Between The States, Paul S. Berman, Roey Goldstein, Sophie Leff

GW Law Faculty Publications & Other Works

On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme Court’s precipitous decision in Dobbs v. Jackson Women’s Health Organization overturned the nationwide framework for abortion rights that had uneasily governed the country for fifty years. In the immediate aftermath of that decision, it is becoming increasingly clear that states governed by Republicans and those governed by Democrats are moving quickly and decisively in opposite directions. Since the U.S. Supreme Court agreed to hear the Dobbs case, at least twenty-four states have enacted statutes or state constitutional provisions restricting abortion …

Durability, Flexibility And Plasticity In The U.N. Convention On The Law Of The Sea, Sean Murphy

GW Law Faculty Publications & Other Works

The overall resilience of the U.N. Convention on the Law of the Sea during the forty years since its adoption in 1982—its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time—is largely attributable to certain design features within the Convention, to a willingness to ‘bend’ the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks …

Policy Brief: Congress Should Reject The Lummis-Gillibrand Stablecoin Bill Because It Would Endanger Consumers, Investors, And Our Financial System, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

On April 17, 2024, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced a bill entitled “The Lummis-Gillibrand Payment Stablecoin Act.” The bill’s declared purpose is to create “a clear regulatory framework for payment stablecoins that will protect consumers, enable innovation and promote U.S. dollar dominance while preserving the dual banking system.”

Contrary to its stated purpose, the Lummis-Gillibrand bill would establish a weak and deeply flawed regulatory regime for stablecoins, thereby exposing consumers, investors, and our financial markets to grave dangers. The bill would allow stablecoins, which are volatile, deposit- like instruments, to be offered to the public without …

Feature Comment: Ethics, Compliance, And The Dispiriting Saga Of Craig Whitlock’S Fat Leonard, Steven L. Schooner

GW Law Faculty Publications & Other Works

This essay discusses the forthcoming book, Fat Leonard: How One Man Bribed, Bilked, and Seduced the U.S. Navy (480 pp, Simon & Schuster, 2024), authored by Washington Post investigative reporter, Craig Whitlock. The book chronicles the extraordinary ''Fat Leonard" saga (or scandal), involving Glenn Marine, an Asia-based ship husbanding contractor, and its "business" with the U.S. Navy. The animating character, not surprisingly, is Leonard Francis, and the book spans his career and demise, which eventually prompted investigations (of hundreds of Naval servicemembers, including 90 admirals), multiple criminal plea bargains, and a staggering number of military administrative actions.

On the one …

In Memoriam: Honorable Ruth Thelma Cooper Breslauer Burg (1926-2023), Judge Reba Page, Judge Mary Ellen Coster Williams, John S. Pachter, Steven L. Schooner

GW Law Faculty Publications & Other Works

This collection of short pieces celebrate the extraordinary life of Judge Ruth Thelma Cooper Breslauer Burg (1926-2023). As Judge Page reflects: "Those of us privileged to know her held Judge Burg in awe, and she remains a personal and professional inspiration. Judge Burg is celebrated for many reasons: her exceptional intellect; her professional accomplishments as a judge, lawyer, and mediator; her dedication to her Jewish faith; and her deep allegiance to her family and friends." Judge Williams explains that "a few luminaries in the ABA Section of Public Contract Law ... epitomize the Section’s attributes—commitment to excellence in the law, …

The Sentinel Stirs: Government Procurement Law After Loper Bright Enterprises, Christopher R. Yukins, Kristen Ittig, Nicole Williamson

GW Law Faculty Publications & Other Works

Administrative law – and by extension, government procurement law – is in a period of transition in the United States. The judiciary, sometimes alarmed by the perceived excesses of the administrative state, is reexamining the deference traditionally afforded agency interpretations of law. As part of that transition, the Supreme Court in Loper Bright Enterprises v. Raimondo (June 2024) overruled the test it first established in Chevron v. Natural Resources Defense Council (1984), which held that if a statute was ambiguous, the courts would defer to an agency’s reading of that statute so long as the agency’s interpretation was reasonable. This …

Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023)., Kayla M. Brown

Roger Williams University Law Review

No abstract provided.

Finnimore & Fisher Inc. V. Town Of New Shoreham, 291 A.3d 977 (R.I. 2023)., Austin F. Gibilisco

Roger Williams University Law Review

No abstract provided.

2023 Rhode Island Public Laws

Roger Williams University Law Review

No abstract provided.

Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority, Kailey E. Chalmers

Roger Williams University Law Review

No abstract provided.

Premier Land Dev. V. Kishfy, 287 A.3d 19 (R.I. 2023)., Samantha Rhodes

Roger Williams University Law Review

No abstract provided.

State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker

Roger Williams University Law Review

No abstract provided.

Representing Trauma: Empathy, Sexual Violence, And Secondary Trauma In Courtrooms And Classrooms, Dr. Laura Mattoon D’Amore

Roger Williams University Law Review

No abstract provided.