Law Commons^™

Fostering An Equitable Scrum: A Conceptual Framework For Using Antiracist Enrollment Management Practices To Counter Job Market Discrimination, Aaron N. Taylor

AccessLex Institute Research

For most law students, attending law school is an investment. At stake are immense amounts of time and money spent pursuing the degree. The most desired payoff is a lucrative and fulfilling career. This chapter argues that law schools must adopt enrollment management practices that attempt to account for the job market their entering students will face at graduation. In proffering this argument, the chapter presents a conceptual framework for aligning class size targets to the future job market and proposes an equity-based approach to tuition discounting that accounts for job market racism. Graduates of color, particularly Black graduates, experience …

Beyond Equality To Belonging: The Missing Value In Equal Protection Law Involving Education, Danieli Evans

Washington Law Review

Belonging is a fundamental need without which people cannot function optimally. Accordingly, school belonging—students’ perceptions of mattering or feeling cared about, accepted, respected and valued by faculty, staff, and peers—impacts students’ well-being, academic motivation and outcomes.

Equal Protection jurisprudence governing education largely overlooks the value of school belonging. Instead, it centers on a formal conception of equality, or an “anti-classification” principle, which essentially prohibits purposeful discrimination based on a fixed set of suspect traits. This formalistic “anti-classification” approach permits many policies and practices that undermine students’ sense of school belonging and inhibits schools from taking certain measures to foster belonging. …

Engendering Human Rights Through Clinical Legal Education, Caroline S. Bettinger-Lopez

UMKC Law Review

No abstract provided.

Engendering Authority: Social Movements, Legitimacy, And Gender, Judith Resnik

UMKC Law Review

No abstract provided.

Sex, Gender, And The Blogosphere: Looking Back At The Feminist Law Professors Blog, 2006-2024, Bridget J. Crawford

UMKC Law Review

The Feminist Law Professors blog began in 2006 as a modest effort to make feminist legal scholars more visible to one another and to the broader world. What emerged from this effort was a dynamic, collectively imagined space that bore witness to generational shifts in feminist legal thought, the rise and fall of blogging culture, and the enduring challenges of feminist community-building. This Essay reflects on the origins, evolution, and legacies of the Feminist Law Professors blog, situating it within its legal, cultural, and technological moments. It also offers my reflections—as one of two blog editors—on the risks and rewards …

The Future Of Working Families In A Riven Political And Moral Economy, Deborah Dinner

UMKC Law Review

No abstract provided.

Glass Cliff Off An Ivory Tower, Katharine Traylor Schaffzin, Katie Kempner

UMKC Law Review

No abstract provided.

Some Thoughts On Outsiders Within The Legal Academy, Jamelia N. Morgan

UMKC Law Review

No abstract provided.

What Do We Have To Lose? The Lasting Legacies And Lost Promise Of Feminist Legal History, Serena Mayeri

UMKC Law Review

No abstract provided.

Is The Fourth Amendment Sexist?, Alexandra Mckee

UMKC Law Review

No abstract provided.

The Origin And Future Of Shield Laws, David S. Cohen, Rachel Rebouché

UMKC Law Review

This Essay describes the origin and future of so-called shield laws—novel state legislation designed to protect legal abortion care from out-of-state attack. These laws have facilitated an increase in the number of abortions even in the wake of the Supreme Court overturning Roe v. Wade in Dobbs v. Jackson Women’s Health Organization. The Essay, after detailing shield laws’ origins (Part II) and content (Part III), highlights how shield laws have operated and succeeded over the last three years (Part IV) as well as the challenges mounted against shield laws and shield providers (Part V). Although state lawsuits and the possibility …

Contemporary Law And Economics, Adam Chilton, Joshua C. Macey, Mila Versteeg

University of Chicago Law Review

Law and economics (L&E) emerged as a field in the middle of the twentieth century, it focused on using economic theory to study the common law. During this period, L&E offered insights so novel that it not only profoundly influenced legal doctrine, but the movement’s key figures also became some of the most cited and acclaimed scholars in the American academy. The field of law and economics has since continued to grow and become more technically sophisticated, but it is also a less cohesive movement. Moreover, L&E has been misunderstood and misrepresented by the emerging law and political economy (LPE) …

When Should The Legal System Help Redistribute Income?, Jacob Goldin, Zachary Liscow

University of Chicago Law Review

Should legal rules be designed exclusively based on efficiency considerations, or should they also attempt to promote an equitable distribution of social resources? The answer traditionally associated with scholarship in law and economics is that they should focus only on efficiency. Even for a society that cares about achieving an equitable distribution of resources by income, the argument goes, it is generally better to adopt legal rules based exclusively on efficiency considerations while relying on the income tax and transfer system to promote distributional goals.

However, even proponents of the claim that social welfare is best promoted through the adoption …

Law And The Self-Coordinating Market Idea, Sanjukta Paul

University of Chicago Law Review

“This emotional pronouncement of value judgments condemning emotion and value judgments seems to [me] a symptom of a defective sense of humor. The attempt to build a social science on these foundations suggests that the human race, and especially a large proportion of its ‘best minds,’ having at long last (a very long last) found out that the objects of nature are not like human beings—are not actuated by love and hate and caprice and contrariness, and subject to persuasion, cajolery, and threats—have logically inferred that human beings must be like natural objects, and so viewed by the seeker of …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Against Privacy Essentialism, Daniel J. Solove

North Carolina Law Review

No abstract provided.

Trademasks, Matthew Sipe

North Carolina Law Review

No abstract provided.

Parents At The Schoolhouse Gate, Emily Gold Waldman

North Carolina Law Review

No abstract provided.

Pocket Arbitration!, D. Mclean Campbell

North Carolina Law Review

No abstract provided.

Opting Out Of Privacy: United States V. Chatrie And The Erosion Of Fourth Amendment Protections, Chloe H. Iurillo

North Carolina Law Review

No abstract provided.

The Supreme Court's Policy Favoring Arbitration And Its Limits, George A. Bermann

Faculty Scholarship

While the federal policy favoring arbitration is codified in the 1925 Federal Arbitration Act (FAA), the strength of that policy depends on the treatment that arbitration receives in federal courts and in the United States Supreme Court in particular.

Courts in all jurisdictions play an important role in fashioning the treatment of arbitration agreements, arbitral proceedings and arbitral awards. However, the judicial role in this regard is especially pronounced in the United States, in view of the problematic state of legislation on the subject. The federal legislation on arbitration is 100 years old and has never been meaningfully amended. The …

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …

Automating Junk Science, Lisa Waters

UC Law Journal

In the late twentieth century, the boom of forensic disciplines in criminal prosecutions helped drive mass incarceration to an all-time high. Yet scientific and legal inquiry revealed a disturbing truth: Most forensic methods accepted in criminal courts are entirely lacking in empirical support or scientific foundation—in other words, “junk science.” Forensic proponents have recently turned to computer algorithms, costly equipment, and proprietary trade secrets litigation to defend dubious techniques, ushering in a second wave of forensic reliance. But automated technology has masked rather than cured the foundational infirmities in these forensic fields.

This Article examines the growing trend of automated …

Masthead

UC Law Journal

No abstract provided.

Feedback Loops: Half-Life Your Message, Patrick Barry

Articles

I sometimes get asked to design training workshops to help organizations ensure their employees receive the consistent, high-quality feedback needed to develop and improve. A pretty common request is for workshops that give people feedback on their communication styles and push them to become more concise and compelling writers and speakers. Nobody, for example, has ever asked me, “Is there any way you can teach our lawyers to write longer, more rambling emails?” Or “Can you show us how to drone on and on while giving a presentation or running a meeting?”

Sanctioning Negligent Bankers, Kyle D. Logue, Robert Will Thomas, Jeffery Y. Zhang

Articles

Over just one week in 2023, depositor runs at a few U.S. banks threatened to trigger a worldwide banking crisis. Afterwards, the United States suffered three of the biggest bank failures in the nation’s history; in Europe, Credit Suisse became the largest financial institution to fail since the 2007-2008 Global Financial Crisis. Stunned by this lightning-fast panic, lawmakers, regulators, and academics have called for significant changes to the U.S. financial regulatory framework. Leading among these proposals are calls to improve supervisory oversight of banks, to tighten existing regulations on banks, and to increase deposit insurance limits. But these proposals alone …

Religious Higher Education Institutions In Ukraine: The Evolution Of The Problem And The Collision Of The "Secular–Religious" Dichotomy, Serhii Kostiuchkov, Vadym Slyusar, Lesya Chervona, Mykola Slyusar

Occasional Papers on Religion in Eastern Europe

The article is devoted to institutional, legislative, philosophical and communicative analysis of the activities of religious higher education institutions in modern Ukraine, taking into account political, social, legal, religious and communicative contexts. The authors examine the demand for religious education in modern Ukraine, which demonstrates high internal dynamics and promising prospects for the development of the domestic religious educational space. It is emphasised that the functioning of religious higher education institutions in Ukraine is regulated by the principle of constitutional separation of education from religion, while at the same time basic legal norms create specific conditions for the functioning of …

Disarming Data: An Empirical Take On The Loaded Debate About Felon-In-Possession Of A Firearm, Jonathan Abel

Faculty Scholarship

This Article answers a crucial empirical question at the heart of the scholarly and judicial debates about the laws governing felon-in-possession of a firearm: How often do defendants charged with this offense have violent felony convictions? Using a comprehensive dataset of over 27,000 defendants charged in California from 2021 through 2024, the study provides a novel, large-scale analysis of how prosecutors deploy this most-common gun charge. The findings substantiate longstanding concerns that felon-in-possession is overbroad in its application to nonviolent felons—only 8.5% of defendants had a “violent felony” conviction as defined by California law, rising to just 28.8% under a …

Disciplining Mechanisms: Governing Data Markets With Competition And Regulation, Peter Ormerod

Faculty Publications

The past decade has witnessed conceptual renewals in both competition law and information privacy law. These regulatory movements—Neo-Brandeis antitrust and structural data governance—share the objective of recalibrating the balance of power between individuals and the massive data-processing firms that now dominate modern life.

Despite their common ends, policy interventions drawn from these schools of thought can work at cross purposes: competitive pressure can induce data exploitation, and privacy rules tend to benefit the largest firms.

This Essay exposes the friction in their relationship and offers guidance on how to mediate their tension. Competition policy alone will prove ineffective at indirectly …

Online Age Gating: An Interdisciplinary Evaluation, Noah Apthorpe, Brett Frischmann, Yan Shvartzshnaider

Faculty Publications

The recent surge in regulation seeking to establish age-based governance online is part of a decades-long attempt to establish online zoning. It is driven by active development of technologies to estimate or verify user age based on various characteristics of users, their credentials, or their activities. However, these developments have heightened prevailing concerns that online age gating technology will inevitably be abused and misused to cause a variety of privacy harms and rights infringements. This paper examines this ongoing debate by bridging technical and legal scholarship to explore the current state of online age-based governance. We discuss the current legal …