Law Commons^™

Is R&D Rivalry Slowing The Growth Of Productive Firms?, Yoshiki Ando, James Bessen, Xiupeng Wang

Faculty Scholarship

The reallocation of jobs to more productive firms is a substantial component of aggregate productivity growth, yet job reallocation rates have declined substantially in the United States. This paper explores the hypothesis that greater technological rivalry has exacerbated adjustment costs, slowing reallocation. Using microdata at the US Census and estimates of technological rivalry in firm growth regressions, we find that technological rivalry slows firm responses to productivity shocks. Firms do not expand as rapidly in the face of higher obsolescence risk. Estimating counterfactual firm growth from 1997-2018, we find that growing technological rivalry accounts for most of the decline in …

Cardozo School Of Law Expands Its Criminal Defense Clinic To Address The Lack Of Representation Available To Individuals On Death Row Amid Increase In Cases, Death Penalty And Criminal Defense Clinic

Cardozo Law News Archive

Cardozo announced the expansion of its Criminal Defense Clinic, now renamed the Death Penalty and Criminal Defense Clinic (DPCDC), to address the growing lack of representation for individuals on death row amid rising executions in the U.S. The clinic will provide students with specialized training in capital defense while continuing its long-standing work with the Legal Aid Society in New York City. Students will now also travel to southern states to investigate and draft post-conviction claims for death row clients. Co-directed by Professors Kathryn Miller and Jonathan Oberman, the clinic offers hands-on experience in high-stakes litigation and reflects Cardozo’s commitment …

“Context In Context”: The Collapse Of Title Ix’S Substantial Control Requirement, Morgan Bronson

BYU Law Review

Title IX of the Education Amendments of 1972 (Title IX) plays a critical role in addressing sex discrimination in academic settings. Though the statute envisions robust administrative enforcement, courts have largely been responsible for shaping Title IX’s liability framework, including in cases involving student-on-student sexual harassment. In two early decisions, the Supreme Court introduced five conditions necessary to establish a federal funding recipient’s liability in such cases. Among them was a two-part “substantial control” requirement: the recipient must have exercised control over both the harasser and the context of the harassment. The Court, however, never clearly articulated these conditions, leading …

Popular Originalism, Thomas G. Donnelly

BYU Law Review

Scholars are obsessed with the Roberts Court’s recent turn to history and tradition. But another source of authority has also emerged as an important feature of the Roberts Court’s approach to constitutional cases. In previous work, I have referred to this source of authority as popular meaning. While original meaning identifies the best reading of the Constitution’s text at the time of its ratification, popular meaning draws on sources of authority outside the courts to capture the constitutional views of the American people today. In this Article, I demonstrate how interpreters might draw on the Constitution’s popular meaning to help …

Regulatory Influence In The Financial Markets Revisited, Jessica E. Lees

BYU Law Review

Historically, the financial markets of the United States and their corresponding regulatory scheme wielded unique influence throughout the globe. But this influence is waning, due largely to the centralization of financial services rulemaking within the European Union and the growth of global emerging markets. It is thus an important time to consider the circumstances under which a jurisdiction may assume and exercise the global regulatory influence traditionally wielded by the U.S. regime.

This Article develops a new framework to specifically address regulatory influence within global financial regulation and financial markets more broadly, looking beyond market size to establish a more …

Them’S Fightin’ Words—Maybe: Testing The Application And Boundaries Of The “Fighting Words” Doctrine Using A Randomized Survey Experiment, Erin Cranor, Dane Thorley

BYU Law Review

Advanced note to readers: The survey experiment in this Article depicts acts of verbal violence, including the use of raceand gender-based epithets. Some of the relevant caselaw also includes offensive or harmful language.

As one of only a handful of exceptions to the First Amendment’s bar on laws proscribing speech, “fighting words” are defined as “those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction.”1 It is unclear, however, how this relatively old doctrine applies to contemporary speech. Additionally, the standard is itself potentially problematic in …

Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

High-Tech Industries' Global Resource Utilization And Transaction Cost Economics, Bei Johnson

Akron Law Review

No abstract provided.

Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park

Akron Law Review

No abstract provided.

The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney

Akron Law Review

No abstract provided.

The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin

Akron Law Review

The regulation of social meaning has traditionally been subjected to rational choice theory (RCT) perspectives in an age when the internet and technology were in nascent stages of development. Today, social meaning is being regulated in much more subtle but powerful ways by digital platforms who are leveraging behavioral economic (BE) insights to control, dictate, and reshape the social meaning of a variety of social roles, conduct, objects, and events. Whilst this form of social government (or private ordering of society’s social fabric) has obvious and desirable benefits to recalibrating society as a collective and assuaging or reversing the stereotyping …

What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen

Akron Law Review

This article reports on the background, method, findings, and implications of a national survey of parent-side attorneys, mediators, and school-side attorneys who all have extensive experience in the settlement of special education disputes. The focus is on identifying the major factors that influence whether these disputes are settled in the context of due process hearings.

Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson .

Journal of the North American Management Society

From 2014 to the present, police shootings with the use of deadly force among communities of color have become a matter of heightened national concern. This study draws on an extensive literature review gathered from open sources, academic journal articles in law enforcement, criminal justice and government documents as well as on key definitional foundations to explore the impact of cultural competence training activities for police officers. Through a case study of primary research, insights are offered from an adult education community-based multicultural immersion program. The authors of this paper argue for the integration of community-based multicultural immersion learning approaches …

There's Not Enough Cement And Too Much Air In That Concrete: Addressing The Weakness Of The Supreme Court's Concrete Injury Analysis, Sidney Balaban

St. John's Law Review

(Excerpt)

“Zombie” debt collectors—third-party entities who purchase from creditors and attempt to collect on debts that have passed the statute of limitations periods—have become a particular nuisance and source of distress to the unsuspecting consumer. A serious problem arises in some states, such as Illinois, which allow for the limitations period to restart if the debtor began making payments again or promised to make payments, giving nefarious debt collectors the chance to trick consumers into renewed legal liability—a true zombification. Fortunately, in 1978, Congress passed the Fair Debt Collection Practices Act (“FDCPA” or “the Act”) to “eliminate abusive debt collection …

Modern Challenges To Mandatory Immigration Detention: Building Constitutional Walls Around Statutory Expansions, Timothy Zurcher

St. John's Law Review

(Excerpt)

Pierre Michel arrived in the United States from Haiti at three years old as a Lawful Permanent Resident (“LPR”). After developing substance abuse issues in his adolescence, Michel received several nonviolent criminal convictions and was detained in contemplation of his deportation. Nearly two years later, Michel was finally released after successfully petitioning for Cancellation of Removal. Michel had no opportunity to obtain his freedom sooner, despite his clear eligibility for relief. Like Michel, in 2003, student Sylvester Owino pled guilty to second-degree robbery without understanding the immigration consequences of his conviction. After serving over two years in prison, Owino …

Wake Up: How Application Of Garcetti To Public Educator Speech Harms Educators And Students Through The Lens Of Florida's Individual Freedom Act, Lindsay Mccarthy

St. John's Law Review

(Excerpt)

Nearly twenty of the nation’s states have enacted some kind of law that limits the teaching of controversial topics like race, gender, and politics. Within the last three years, these laws have become more commonplace as social movements like Black Lives Matter and #MeToo have brought topics like systemic racism and gender inequality to the nation’s attention. As the country becomes more polarized, state legislatures—typically conservative ones—have resorted to these censorship laws to fight back against the perceived indoctrination of children. The state that has gained the most notoriety for such laws is Florida. In 2022, Florida passed a …

The Collection Problem: How The Circuit Split On Pleading Standards In Securities Fraud Claims Undermines Federal Regulatory Goals, Lucas Immer

St. John's Law Review

(Excerpt)

The Great Depression is generally recognized as the greatest economic calamity in United States history. One of the Great Depression’s many causes was reckless financial speculation driven in part by financial fraud. In response to the crisis, Congress passed the 1934 Securities Exchange Act (“the Exchange Act”), which courts have long held creates a private right of action for plaintiffs who experience an economic loss due to reliance on a material misstatement surrounding the purchase or sale of a security. A prima facie claim for securities fraud under the Exchange Act requires a showing of scienter, defined as “a …

Cross-Talk, Alicia Bannon, John Q. Barrett, Tyler Rose Clemons, Wilfred U. Codrington Iii, Mark C. Niles

St. John's Law Review

(Excerpt)

John Q. Barrett (“JQB”)

We now enter the exciting segment of the program called cross-talk.

Tyler Rose Clemons (“TRC”)

One of the things that this conversation has brought up for me is whom is the Court overturning precedent on behalf of? What interest? Whose interest is it that the Court is acting to vindicate when it says we got it wrong before, and it is so important that we get it right that we are willing to take this supposedly drastic remedy of overturning our own precedent?

What I was thinking about immediately during Judge Livingston’s remarks was West …

Stare Decisis And The 1l Classroom: Can Legal Reasoning Be Taught Without Judicial Respect For Precedent?, Mark C. Niles

St. John's Law Review

(Excerpt)

I began my career as a law professor in 1998 and, in every year but one, since then I have taught at least one first-year required law school course. I have taught Civil Procedure each of these years and some version of a required Constitutional Law course in about half of them. I want to say just a little bit about stare decisis and its importance in our legal system from the perspective of a law professor teaching first-year students.

I have found that although teaching Civil Procedure involves a focus on a range of substantive issues including judicial …

Stare Decisis And Zombie Laws, Alicia Bannon

St. John's Law Review

(Excerpt)

In recent years, the Supreme Court has shown little interest in stare decisis—the principle that courts should honor precedent—as an animating value in constitutional interpretation. This has put many fundamental rights in a vulnerable posture. This Essay focuses on one underappreciated dimension of the decline in respect for stare decisis as it relates to fundamental rights: the relationship between stare decisis and what I will call, and what others have called, “zombie laws.”

Zombie laws are laws that were rendered inoperative by courts but never rescinded; for example, an abortion ban that became unenforceable after Roe v. Wade. …

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

St. John's Law Review

(Excerpt)

“[S]tare decisis is ‘not an inexorable command.’ ” Frankly, every time I read these words in a judicial opinion of late, I shudder. And, in fact, it seems like I am reading these words— and shuddering—with increasing regularity.

First off, of course it is not. At times, the Supreme Court has sanctioned manifest injustices in the law. The prime example is the Court’s 1896 decision in Plessy v. Ferguson, which sustained racial segregation under the Fourteenth Amendment. With the blessing of the judiciary, this interpretation of the Reconstruction Constitution supported a regime of racial segregation until, more than …

On Stealth Overruling, Tyler Rose Clemons

St. John's Law Review

(Excerpt)

From Loper Bright v. Raimondo to Dobbs v. Jackson Women’s Health Organization, the Roberts Court has shown itself more than willing to overturn longstanding pillars of American jurisprudence explicitly. While such cases and other pathbreaking opinions have understandably garnered the lion’s share of attention, the Court has also demonstrated an increased willingness to tweak, modify, or even functionally overrule doctrines without expressly stating that it is doing so. I call this phenomenon “stealth overruling.”

A Conversation About Stare Decisis, The Honorable Debra Ann Livingston, John Q. Barrett

St. John's Law Review

(Excerpt)

John Q. Barrett (“JQB”)

Chief Judge Debra Ann Livingston, welcome back to St. John’s.

The Chief Judge has been a friend to us for many years. It is an honor to host someone of her talent and someone in her position: the Chief Judge of the U.S. Court of Appeals for the Second Circuit.

We’re going to have a conversation for the first part of the program, about judging, her work, and stare decisis.

But first, we need to meet you and hear a little bit about your background—where you are from—and the path that took you to the …

Taking Stock Of Stare Decisis, St. John's Law Review Editorial Board

St. John's Law Review

(Excerpt)

This issue of the St. John’s Law Review contains remarks first presented at the Law Review’s Spring 2025 symposium. In A Conversation About Stare Decisis, St. John’s University School of Law Professor John Q. Barrett is in conversation with Hon. Debra Ann Livingston, Chief Judge of the United States Court of Appeals for the Second Circuit, about what stare decisis means to her and how the doctrine guides her judging. This is then followed by Essays from a diverse group of constitutional law scholars on the state of stare decisis. Finally, in Cross-Talk, the essayists have a …

"Smart Contracts" In Light Of The Rules Of The Cisg And Uncitral, Sarah Zein

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

From oral agreement to paper to digital format, the contract, which encapsulates and defines the relationships between those who compose it, has undergone multiple revolutions. These days, it's the smart contracts that are interfering between technology and law. A new generation of contracts known as intelligent contracts (smart contracts) has emerged as a result of the remarkable advancements in artificial intelligence coupled with the development of blockchain technology and crypto money. Furthermore, this intelligent contractual model is no longer limited to the creation of traditional agreements alone. Because it can be created and executed automatically, often without external intervention, it …

The Legal Regulation Of E-Commerce In Lebanon, Dolly Abouchakra

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In the digital age, the economy and commerce sectors in Lebanon, as well as globally, have embraced advancements, leading to the emergence of e-commerce with its multifaceted models, thereby establishing the electronic commercial entity. These advancements necessitate a profound technological transformation, which, in turn, introduces critical legal challenges. These challenges threaten the stability and growth of such entities within traditional legal frameworks that are insufficiently equipped to address the complexities of the digital environment and the noticeable absence of specialized regulations. This study highlights the inadequacy and disjointed nature of the Lebanese legal framework governing electronic commercial entities. The current …

The Criminal Liability Of Intelligent Robots: Between Reality And The Law, Mohamad Takkoush

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

Artificial intelligence, in its modern perspective, is regarded as having the capacity to perform duties. But is it, in turn, capable of bearing responsibility—specifically, criminal liability?

In principle, punishment under criminal law is imposed on an accused individual because they deliberately violate the rules and provisions of the law, aiming to achieve criminal outcomes they intend. This implies the presence of a conscious and aware will. In contrast, a robot lacks such will and awareness, meaning that, from a legal standpoint, it does not qualify as a legal person under the traditional classification of legal entities.

Accordingly, this study raises …

Towards The Democratic And Equitable International Order, Ramzy Abdl Hay

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The concept of the democratic and equitable order is considered one of the modern and revolutionary concepts in the field of international relations. The emergence of this concept was mainly linked to the edgy international reality and the increasing need to move towards a just and balanced international order. This study presents the concept of the democratic and equitable international order as a new vision of the international order that achieves justice and fairness among all countries of the world and their peoples, and contributes to establishing international peace and security. It also acknowledges the most important and appropriate ways …

The Professional Trajectory Of The Investigating Judge, Fawzi Adham

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research addresses the issue of how investigating judges exercise their procedures while preserving human rights. It has been shown that these rights have been violated by a judge in France and by judges of the Judicial Council in Lebanon. This has prompted President Macron to consider abolishing the position of investigating judge in France due to the arbitrary detention of a defendant by one of the investigating judges. The Lebanese investigating judge also exceeded his authority by detaining an innocent person, who was later sentenced to life imprisonment by the Judicial Council. It later emerged that the perpetrator of …

The Legitimacy Of The Use Of Force In Wars Of Liberation: The Palestinian People's Struggle As A Case Study, Mohamad Abdulrahim

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research addresses and analyzes the legality of the use of force in liberation wars waged by peoples suffering under the rule of colonialism, regimes of racial discrimination or foreign domination. This use is one of the four exceptions to the principle of prohibiting the use of force enshrined in Article 2, Paragraph 4 of the United Nations Charter which legalize the use of force in International Law. The first exception is the Security Council taking measures using force according to Article 42 of the Charter, the second exception is the right of self-defense according to Article 51 of the …