Law Commons^™

Sounds Good: How The Inflation Reduction Act And New Epa Regulations Mitigate The Music Streaming Industry’S Carbon Footprint, Thomas C. Hammons

North Carolina Journal of Law & Technology

No abstract provided.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

You’Ve Got Fraud: Meta’S Embrace Of Fraudulent Ads And How § 230 Can Protect Us, Benjamin D. Spain

North Carolina Journal of Law & Technology

No abstract provided.

Judicial Dark Matter, Nina Varsava, Michael A. Livermore, Keith Carlson Carlson, Daniel N. Rockmore

University of Chicago Law Review

Judicial reform efforts aimed at rectifying historical gender and racial inequalities understandably focus on increasing the number of women and people of color on the bench. While this is an important program, this Article sheds light on another aspect of the representation problem, which will not necessarily be resolved through greater diversity in judicial appointments. This problem has to do with the understudied and often opaque practices of judicial administration. Through a large-scale empirical study of federal appellate decisions, we examine the distribution of judges along the lines of gender and race across decision panels and find systematic gender and …

Network Harms, Andy Z. Wang

University of Chicago Law Review

When it comes to data, the whole is greater than the sum of its parts. There may be millions of people with the same birthday. But how many also have a dog, drive a red car, and have two kids? The more that data is aggregated, the more identifying, and thus sensitive, it becomes. In recognition of this principle, the law has developed safe harbors for firms that take steps to prevent aggregation of the data they sell. A firm might, for instance, anonymize its data by removing identifying information. But as the science academy has shown, a wide array …

Reconstructing Citizenship, Jenny E. Carroll, James Jeter

Faculty Scholarship

In our republican democracy, voting is a central right of citizenship. Yet millions of voters are routinely disenfranchised as a result of convictions or because their carceral status creates barriers to voting. In the past decade, academic scholarship has focused on the impact of disenfranchisement based on conviction. This work has mapped the legal and social implications of policies that deny voting rights to over five million otherwise eligible voters nationwide. Yet this work has some gaps. First, by focusing solely on conviction-based disenfranchisement, the existing scholarship has largely ignored fatal barriers to voting created (and at times perpetuated) by …

Should Ireland Have Taxed Apple?, Reuven S. Avi-Yonah, Nessa Ní Chasaide

Articles

On September 10 the EU’s Court of Justice issued its long-awaited decision in the Apple state aid case. Surprisingly, it reversed the EU’s General Court decision and held that the European Commission was correct in finding that Ireland had provided prohibited state aid to Apple, and therefore Apple must pay Ireland the €13 billion in taxes that it would have paid but for the illegal subsidy. This state aid case, the largest in the EU’s history, highlights significant issues about the legal governance of corporate tax. This article examines the notable features of the Court ruling, then outlines why we …

J Mich Dent Assoc November 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Associationprovides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The November issue includes:

• Clinical Feature on discontinuation of lead apron use for dental radiology
• An introduction to the MDA Team and how they can be contacted to serve specific member needs
• A Back Page article on beginning practice and family
• Regular Departments: New Dentist Column, Updates on the MDA Foundation, MDA Services, Dentistry and the Law, Staff Matters

This month we welcome …

Populist Secularism, Seval Yildirim

Journal Articles

This article argues that in the context of a developing democracy, the rise of religiously oriented parties should be viewed contextually as part of an ongoing process of democratic negotiation and consolidation. Using Turkey as a case study, this article argues that religion and secularism are best viewed as parts of a symbiotic relationship, informing each other’s identity, and defining characteristics through an ongoing process of negotiation.

The article discusses commonly used concepts relevant to secularism in general and argues for the need to distinguish between the secular, secularism, and secularization as a governance project. Through a historical survey of …

Justice On The High Seas: Nonpecuniary Damages And The Death On The High Seas Act, Casey Rockwell, Chad Marzen

William & Mary Business Law Review

The COVID-19 pandemic has brought forth many discussions on liability issues. The Death on the High Seas Act currently prohibits recovery of “loss of society” or “loss of consortium” nonpecuniary damages. This Article contends that in the wake of the COVID-19 pandemic, with the harsh results of the application of DOHSA in COVID-19 cases, Congress has an opportunity to amend DOHSA. Allowing recovery of nonpecuniary damages in DOHSA cruise line cases, currently advocated for by a bipartisan group of lawmakers, will provide consistency and fairness to DOHSA.

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Jonathan Luciano, Ju Lee

UC Law Business Journal

No abstract provided.

Volume 7, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Cran V. Mtc Ltd And Others (Sa 822022) 2024 Nasc 6 (13 March 2024), Dunia P. Zongwe

SAIPAR Case Review

This piece focuses on the Namibian Supreme Court's decision concerning the Communications Regulatory Authority of Namibia's (CRAN) discretionary powers to levy regulatory fees. The judgment upholds the constitutionality of the amended Section 23 of the Communications Act of Namibia, which provides guidelines for setting these fees. The commentary commends the Court's sophisticated understanding of regulatory governance, balancing legislative oversight with administrative expertise. However, it also points out inefficiencies in the current fee-setting mechanism, particularly the lack of collaborative input from stakeholders and the risk for potential regulatory costs being pased on to consumers in an already oligopolistic market. Legislative reforms …

Coca-Cola Beverages Africa (Pty) Ltd V. Competition Commission And Another [2024] Zacc 3, Dunia P. Zongwe, Adolf N. Gariseb

SAIPAR Case Review

This article examines the South African Constitutional Court's decision on the public interest considerations in merger control, specifically concerning employment effects. The case involved Coca-Cola's retrenchments post-merger and the Competition Commission's notice of apparent breach. The Court's ruling clarifies the review standards for regulatory enforcement of merger conditions and the causal link required between a merger and subsequent employment decisions. The commentary highlights the paradox in South Africa's competition law, emphasising employment protection, though well-intentioned, may constrain economic flexibility. It argues that this employment-centric approach can lead to inefficiencies, diminish consumer welfare, and obscure market competitiveness as a public interest.

Editorial Note, O'Brien Kaaba, Madrine Mukabili, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Adjudication Of Presidential Term Limits In Zambia: A Comment On Michelo Chizombe V. Edgar Chagwa Lungu And Others 2023/Ccz/0021, O'Brien Kaaba

SAIPAR Case Review

This piece examines the Zambian Constitutional Court's decision on former President Edgar Lungu's eligibility to contest future presidential elections. The Court ruled Lungu ineligible, based on the application of Article 35 of the Constitution of Zambia, which was in force during his first term. The authors highlight the national significance of this case, particularly its impact on the 2026 presidential elections and its potential to reshape opposition politics. The commentary further explores the power of an apex court to depart from its own precedents, affirming the Constitutional Court's inherent jurisdiction to do so under exceptional circumstances, aligning with practices in …

Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen

SAIPAR Case Review

This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …

Sydney Mwansa V. Director Of Public Prosecutions (Appeal No. 276/2012) (Dpp) And Non-Conviction Based Forfeiture Orders: A Case Comment, Muna Ndulo

SAIPAR Case Review

This piece critically analyses the Zambian Court of Appeal's decision regarding a non-conviction-based forfeiture order. The Court allowed the appeal, insisting on the need to identify a specific offence and establish a clear connection between the offence and the tainted property. The author argues that this decision is legally flawed as it misconstrues the fundamental principle of non-conviction forfeiture, which does not require proof of a criminal conviction or a specific offence. The commentary emphasises that unexplained wealth, where authorities show a disparity between legitimate earnings and accumulated assets, should be sufficient to trigger forfeiture, with the burden of proof …

Law Library Blog (November 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Rwu Law Alumni Association Breakfast & Annual Meeting 6-13-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Rwu Law Alumni Newsletter November 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

The Demise Of Deference — And The Rise Of Delegation To Interpret?, Thomas W. Merrill

Faculty Scholarship

In the concluding days of its recently completed Term, in the midst of headline-grabbing decisions about presidential immunity, gun rights, and abortion, the Supreme Court rendered a momentous decision overruling the Chevron doctrine. The decision in Loper Bright Enterprises v. Raimondo was not a surprise. After treating the Chevron doctrine as a settled principle of administrative law for more than three decades, the Court stopped applying it in 2016. Several Justices authored individual opinions urging that it was unconstitutional, violated the Administrative Procedure Act (APA), was prone to manipulation by judges, created systematic bias in favor of the government, and …

Fatherhood, Family Law, And The Crisis Of Boys And Men, June Carbone, Clare Huntington

Faculty Scholarship

Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis — which is concentrated among men without college degrees — is rooted in large-scale structural changes to the economy that have decimated jobs for this group and policy choices that emphasize incarceration while doing little to address economic inequality.

The decline in male well-being is not just a problem …

Addressing Energy Insecurity Upstream: Electric Utility Ratemaking And Rate Design As Levers For Change, Emma Shumway, Diana HernáNdez, QëNdresa Krasniqi, Vivek Shastry, Abigail Austin, Michael B. Gerrard

Faculty Scholarship

Millions of Americans are impacted by energy insecurity each year, in part due to unaffordable and inequitable electricity rates. The electric ratemaking process presents opportunities to confront issues of affordability and equity or to instead entrench traditional approaches. State legislatures, public utility commissions (PUCs), and advocates all play vital roles in making the former a reality. Historically, ratemaking has been criticized as an insular and highly technical process that caters to utilities rather than customers. But states like California and New York are making strides by broadening PUC legal authority to include explicit consideration of equity issues, adjusting incentives and …

Constitutional And Administrative Innovation Through State Labor Law, Kate Andrias

Faculty Scholarship

This Essay explores recent efforts by worker organizations to transform labor policy in states, as well as countermobilizations by business and conservative groups. It focuses on two particularly promising efforts: the development of worker standards boards and pro-labor changes to state constitutional law. It shows why, as a matter of political economy, such reforms have been achievable at the state and local levels, but not the federal level, and explores the potential of state reforms to build greater economic and political power for working people, notwithstanding limits imposed by federal preemption doctrine. Ultimately, this Essay argues that these recent innovations …

The Power Of All: Tort In The Age Of Constitution, Cristina Carmody Tilley

Faculty Publications

Life in a multicultural nation can be fraught. The United States is a case in point, with hostile tension between members of competing identity groups playing out today on streets, in offices, and across the media. Modern Americans assume that bridging race, gender, and class inequity is the stuff of public—constitutional—law. This assumption follows the lead of modern American lawyers, who migrated to this body of law just as historians, sociologists, and economists began to insist that the private law of tort was exclusively concerned with the accidental physical harms inevitable in a modern economy. According to this econostory, tort …

If Lived Experience Could Speak: A Method For Repairing Epistemic Violence In Law And The Legal Academy, Terrell Carter, Rachel Lopez

Minnesota Law Review Vols. 106:2 onward (2021-present)

Terrell Carter grew up only a stone’s throw from Drexel University, the institution of higher learning where the other coauthor of this Article, Rachel López, would find her academic home years later. Even as a child, Terrell remembers feeling like other institutions that were miles away, like State Correctional Institution Graterford where he would spend most of his adult life, were much more proximate. Paradoxically, he would later come to learn that behind the walls of institutions like Drexel, academics like Rachel would develop ideas and theory that would shape his fate and define his existence behind other walls. Through …

As Punishment For Arrests: Involuntary Servitude Under The Housekeeping Exception To The Thirteenth Amendment, Elissa Bowling

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Thirteenth Amendment reads: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Yet, in contemporary American jails and prisons, pretrial detainees have been forced to perform work for these carceral facilities despite not being convicted of a crime. When tasked with assessing the constitutionality of such pre-conviction labor policies, courts employed a narrow reading of the Thirteenth Amendment and ruled that jails and prisons can compel pretrial detainees to perform maintenance and operational tasks under the …