Law Commons^™

The Border Crisis And The Right To Seek Asylum, Philip G. Schrag

Hofstra Law Review

Control over the U.S. southern border has become one of the most contentious issues in American politics. Any migrant who crosses that border into the United States has a statutory right to seek asylum. Butthe process for adjudicating asylum claims in the nation’s immigration courts has essentially collapsed, with waiting times for hearings averaging about four years. During those years, an asylum applicant can remain in the United States with a right to work, and many politicians and commentators believe that migrants have therefore been incentivized to cross the border either by rafting across the Rio Grande or hiking through …

The Law Is Weirder Than Ai, Sam Williams

Hofstra Law Review

Between artificial intelligence threatening to take our jobs and destroy the world while adopting the aesthetic of the weird and a presidential election that could have been partially determined by how people feel about being weird, it seems like the weird is taking over. In this Article, I make the case for embracing the weird. Only by embracing our own weirdness can we make sense of the weirdness (or lack thereof) of those that we do not understand. Primarily through the lens of author H.P. Lovecraft’s weird tales, I argue that the law is very weird. This weirdness is mostly …

Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen

Faculty Scholarship

Using our own data on Artificial Intelligence publications merged with Burning Glass vacancy data for 2007-2019, we investigate whether online vacancies for jobs requiring AI skills grow more slowly in U.S. locations farther from pre-2007 AI innovation hotspots. We find that a commuting zone which is an additional 200km (125 miles) from the closest AI hotspot has 17% lower growth in AI jobs’ share of vacancies. This is driven by distance from AI papers rather than AI patents. Distance reduces growth in AI research jobs as well as in jobs adapting AI to new industries, as evidenced by strong effects …

Settlement As Construct: Defining And Counting Party Resolution In Federal District Court, Charlotte S. Alexander, Nathan Dahlberg, Anne M. Tucker

Northwestern University Law Review

Most civil cases settle. Yet generating a definitive settlement rate presents complex definitional and empirical problems, both in what should count as a settlement and how to count it. This Essay makes three contributions to better understanding and defining settlement. First, we propose a flexible, empirically informed, operationalizable definition of settlement as party resolution. Second, we exploit a new federal litigation data source to count party resolutions using machine learning models trained on 11 million docket sheet entries. Third, we offer new findings on party resolution frequency and distribution in the federal courts. Settlement is more widely and differently deployed …

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat M. Albrecht, Perry Moriearty

Northwestern University Law Review

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

A Quantum Of Privacy, Anat Lior

Nevada Law Journal

Quantum technologies are on the brink of becoming the leading technologies in the upcoming years, with forecasts suggesting their imminent commercial availability. In August 2023, Google unveiled a quantum-resistant security key, while NIST is progressing a post-quantum cryptography protocol. This Article sheds light on these highly anticipated advancements, particularly in quantum computing, and explores the potential privacy implications that could arise alongside their development and integration into the commercial market. It proposes a comprehensive, long-term approach to addressing these privacy challenges early on, given the technology’s nascent stage and current lack of readiness for widespread commercial use. This timeframe allows …

The Evolution Of International Communications Technology And Foreign Intelligence Surveillance Regulation, Shaun B. Spencer

Nevada Law Journal

In October 2022, the Biden administration issued an Executive Order imposing limits on its interception of foreign citizens’ communications. This self-imposed limitation came nearly a decade after the Snowden disclosures and the resulting European Union opposition to transferring EU data to the United States. But prior disclosures of U.S. surveillance practices in the 1970s and 1980s had not produced enough international pressure to prompt the United States to impose restrictions on itself. This Article examines why the outcome was different after the Snowden disclosures. The Article returns to the origins of modern U.S. surveillance law in the 1970s and traces …

Will Federal Compassionate Release Survive The Death Of Chevron?, Jaden M. Lessnick

Nevada Law Journal

In early 2023, the United States Sentencing Commission promulgated a compassionate release policy statement that will reverberate throughout the federal sentencing system for decades to come. In resolving an issue that had sharply divided the circuits, the Commission determined that certain nonretroactive changes in sentencing law could constitute “extraordinary and compelling reasons” for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). For the hundreds of people serving astronomical sentences that could not be imposed after the First Step Act of 2018, this amended policy statement holds much promise. Under Chevron and its progeny, the Commission’s policy statement should supersede prior, …

Forging Future Frontiers: Pioneering Union Progress Through Training Centers, Ciara S. Alagao

Nevada Law Journal

No abstract provided.

No Really, What Should We Do? An Employer’S Guide To Groff V. Dejoy And Juggling Religious Accommodations In The Workplace, Keegan K. Davis

Nevada Law Journal

On June 29, 2023, the U.S. Supreme Court issued an opinion expanding its Title VII workplace religious accommodation jurisprudence with Groff v. DeJoy. For nearly fifty years leading up to Groff, the Court was set on a “more than de minimis” standard for determining when a religious accommodation was too costly for an employer, and therefore did not need to be accommodated as a matter of law. In Groff, the Court raised the bar effectively ending de minimis as employers knew it. Instead of showing that a religious accommodation bears any cost on the business, Groff requires evidence of substantial …

The Insufficiency Of Battered Women’S Syndrome Evidence And The Need For Resentencing Legislation For Criminalized Survivors Of Domestic Violence, Alice Samberg

Nevada Law Journal

No abstract provided.

The Role Of The National Esports Federation For Integrity Issues In Esports, Tsubasa Shinohara

UNLV Gaming Law Journal

Esports (‘electronic sports’ or ‘competitive video games’) have rapidly evolved into a new form of recreational activity. It has steadily gained recognition as an economically significant market worldwide. Due to its rapid economic growth, the esports society now faces integrity issues, much like those seen in traditional sports, including doping, match-fixing, and corruption. Therefore, the esports society must take immediate and comprehensive measures to address these urgent issues to maintain the “integrity of esports”. Given this context, this article will primarily explore the following inquiry: What role should national esports federations play in addressing integrity issues in esports? To address …

Cbp One Mobile Application: Violating Migrants’ Rights To Privacy And Freedom From Discrimination, Sarah Dávila, Alejandra Palacios, Brad Thompson

Faculty White Papers

No abstract provided.

Major Questions, Common Sense?, Kevin Tobia, Daniel E. Walters, Brian Slocum

Faculty Scholarship

The Major Questions Doctrine (“MQD”) is the newest textualist interpretive canon, and it has driven consequential Supreme Court decisions concerning vaccine mandates, environmental regulation, and student loan relief. But the new MQD is a canon in search of legitimization. Critics allege that the MQD displaces the Court’s conventional textual analysis with judicial policymaking. Textualists have now responded that the MQD is a linguistic canon, consistent with textualism. Justice Barrett recently argued in Biden v. Nebraska that the MQD is grounded in ordinary people’s understanding of language and law, and scholarship contends that the MQD reflects ordinary people’s understanding of textual …

Deans Report Udm: The World Needs Titans -- Serving Our Community And Beyond, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

Detroit Mercy's Dental School is experiencing increased popularity despite a growing number of dental schools nationwide. The school emphasizes a learner-centered approach, focusing on student development and clinical experience. Key changes to the curriculum include increased integration of biomedical sciences and case-based learning. Detroit Mercy's commitment to excellence, community service, and humanistic care sets it apart from other dental schools.

U-M School Of Dentistry: Collaborating With Michigan’S Dentists To Move The Profession Always Forward, Jacques E. Nör Dds, Ms, Phd

The Journal of the Michigan Dental Association

Completing his first year as dean of the University of Michigan School of Dentistry Dr. Nor highlights the importance of community-based learning in dental education. Students gain valuable experience through rotations at various clinics across Michigan, including those serving underserved populations. The dean emphasizes the generosity of dentists who mentor students and the importance of the Oath of Aspiring Dentists. The Commission on Dental Accreditation completed its site visit at our school in March. Its findings identified numerous strengths during the formal review that American dental schools must complete every seven years. Demographic data on the incoming class of 2028 …

A Visit To The U.P.: The 106th Annual Upper Peninsula Dental Meeting, Elizabeth Knudsen Dds

The Journal of the Michigan Dental Association

The Cloverland District Dental Society hosted its 106th annual meeting in Gladstone, Michigan. The event included continuing education, guest speakers, a business meeting, and social activities. The meeting also featured student involvement and discussions about rural dentistry. The next meeting will be held on Mackinac Island in June 2025.

You Can Drive Cdt Code Changes: Essential Tips For Success, Frank J. Pokorny Ii, Mba, Facd(Hon)

The Journal of the Michigan Dental Association

The American Dental Association (ADA) Code on Dental Procedures and Nomenclature (CDT) undergoes annual updates to reflect evolving dental practices. Building on Mr. Pokorny's April 2024 article, "Dentistry’s CDT Code: Its Origins, Use, and Future," published in the Journal of the Michigan Dental Association1, this article examines the process for requesting changes to the CDT code set. Overseen by the ADA Council on Dental Benefit Programs’ Code Maintenance Committee (CMC), the process provides clear guidelines for submitting change requests. This paper outlines the types of permissible changes and the rationale behind them, offering dentists and other stakeholders the opportunity to …

A Problem-Solving Tool You Can Use, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This month, the MDA Editor discusses a presentation from the summer board meeting that resulted in nostalgic recollection of the '90s hit "Whoomp! (There It Is)" and the evolution of her career from a dental student to managing a large practice. The article introduces the WOOP (Wish, Outcome, Obstacle, Plan) method, a problem-solving tool used to address challenges in patient scheduling due to a shortage of hygienists. By applying WOOP, the practice aims to prioritize reliable patients and manage appointments more effectively, ultimately reducing stress and improving workflow.

The New Professional: Tips For Dealing With Unpleasant Patients, Amrita Patel Dds

The Journal of the Michigan Dental Association

This article emphasizes the importance of managing unpleasant patients in dentistry through empathy, effective communication, and tailored care. Dentists should understand that patient anxiety often stems from fear or past trauma. Building trust through clear explanations, personalized comfort measures, and pain management is crucial. Techniques like guided imagery and gradual exposure can help reduce anxiety. Consistency in care and follow-up support strengthens patient relationships, making even the most challenging patients more comfortable and cooperative.

J Mich Dent Assoc September 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides 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 September issue highlights Michigan's dental schools and provides practical information for dentists. Key Content:

• Cover Stories: Features written by the deans of the University of Detroit Mercy and the University of Michigan dental schools.
• CDT Code Revision: A guide on how to contribute to the revision of the Current Dental Terminology code.
• UP Dental Meeting: An overview of the upcoming Upper Peninsula …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Un-Erasing Race: Introducing Social Network Discrimination To The Law, Chika O. Okafor

North Carolina Law Review

No abstract provided.

Lawmaking For Leverage, Rebecca Aviel

North Carolina Law Review

No abstract provided.

The Lawyer’S Quandary: Client-Centered Lawyering In The Treatment Paradigm, Marisol Orihuela

North Carolina Law Review

No abstract provided.

Viscusi Circular A-4 Peer Review Comments, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This working paper provides commentary on my 2023 peer review panel comments on the 2023 Office of Management and Budget (OMB) Circular A-4. The Prologue section introduces my official peer review comments and indicates how the structure of my comments was tailored to the guidelines established by the OMB. The main section consists of my 2023 peer review comments as they were submitted to OMB. I recommended changes in the draft Circular A-4 to increase the discount rate from the 1.7% rate that OMB proposed, to report domestic benefits whenever global benefits are reported, to adopt a behavioral transfer test …

Dentistry And The Law: Hiring A Crna To Work In Your Practice, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column addresses whether a dental practice can hire a Certified Registered Nurse Anesthetist (CRNA) to administer anesthesia. A CRNA can be hired if the requirements of Michigan's MCL 333.17210 and the Michigan Administrative Code are met. The CRNA must have sufficient experience or advanced degrees and work collaboratively in a patient-centered care team. The dental office must have policies for immediate clinical response, and all involved personnel must be certified in basic cardiac life support. Additional rules apply depending on the sedation level provided.

Performance-Based Contracts: Discovering The Role Of Pbc In Resilience, Justin P. D'Agostino

Theses and Dissertations

The lifecycle sustainment costs for complex and expensive systems (e.g., aircraft, ships, or manufacturing equipment) often exceed their purchase costs. Reducing sustainment costs, even by a fraction, can create competitive advantages for the system owner. The operations and supply chain management (O&SCM) field asserts that this competitive advantage in life cycle sustainment operations is achievable through performance-based contracts. However, empirical validation of this assertion is required. This research investigates performance-based contracts to validate their asserted impact on sustainment operations and develops a branch of research to understand their role in organizational and supply chain resilience. This research consists of three …

Investment Treaty Arbitration Caught In The Public-Private Law Divide, Catharine Titi

Michigan Journal of International Law

The ongoing reform of investor-state dispute settlement (“ISDS”) underlines the pertinence of an old question that has received various and conflicting answers: Is investment arbitration a public or private method of dispute settlement? A key criticism leveled at investment treaty arbitration is that public interest disputes are decided by a system of private justice. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid. It argues that the subjective nature of each interpretation means that none of them can be definitively adopted. Rather, the real arguments in favor of or against arbitration lie beyond …

Child-Taking, Diane Marie Amann

Michigan Journal of International Law

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking …