Law Commons^™

Book Review Of Political And Social Control In China: The Consolidation Of Single-Party Rule, Carl F. Minzner

Faculty Scholarship

No abstract provided.

Small-World Simulations: A New Method To Test The Effect Of Legal Rules, Johannes Kruse

Coase-Sandor Institute for Law & Economics Research Paper Series

Small-world simulation exposes an artificial society to a legal rule and observes what its members do. The agents are driven by language models: their conduct is not stipulated in equations but reasoned in their own words. The architecture can be turned on any legal regime; personalized speed limits are the demonstration, chosen because rational-choice and behavioral predictions there conflict. Validated against documented driving patterns, the simulation generates behavior no one wrote into it. Because language models are trained on what people say rather than do, the method estimates orderings, not levels: a benchmark, not a substitute for evidence.

Facts, Policy, And Discretion, F. Andrew Hessick, Carissa Byrne Hessick

Faculty Publications

Presidents, prosecutors, and judges often announce policies on how they will make discretionary decisions. These policies have met the criticism that discretion must be the product of an assessment of the particular facts of a case. Decisionmakers cannot base discretionary decisions on policy considerations, nor can they adopt policies stating how they intend to exercise their discretion. To do so, the argument goes, does not constitute an exercise of discretion, but rather an abdication of it.

This Article argues that this criticism misunderstands discretion. Discretionary decisions must rest on reasons, and reasons necessarily appeal to principles and policies that are …

Civil Death By A Thousand Cuts, Eisha Jain

Faculty Publications

Commentators have leveled trenchant critiques of collateral consequences of criminal conviction, analogizing them to a form of “civil death.” This Essay develops the related concept of “civil death by a thousand cuts” in two senses. First, penalties such as voting bans or deportation after a conviction are often just the tip of the iceberg. Second, a system of far-flung, intertwined civil and criminal penalties portends the death of a civil society capable of recognizing and mediating excessive penalties. Recognizing how these penalties operate—and how difficult they can be to address—is a critical step toward creating a more proportionate criminal legal …

A New 17 U.S.C. § 108a: Restoring The Intellectual Property Clause's Balance In Copyright Consideration Of Digital Disruption And The Prevalence Of Onerous Licensing Practices, Caroline L. Osborne

Faculty Publications

Accessibility of knowledge and control over information is key to an informed public and democracy. The founding fathers recognized the benefits of an informed citizenry, enshrining this concept in the Intellectual Property Clause of the Constitution. Such a clause created a delicate balance between creator and consumer, incentivizing creation for the benefit of society. The beauty of the Clause is the concept of balance. Balance resting delicately on the fulcrum with the dual requirements of reward for creation and benefit to society. The evolution of the means and formats in which information is delivered to the consumer in the creation …

Government Religious Speech And The Establishment Clause, Mark Storslee, Michael Helfand

Faculty Publications

The government says religious things. From monuments and holiday displays to legislative prayers, religion saturates the government’s public voice. But how can that be permissible when the Establishment Clause, at least in theory, indicates the government should be religiously neutral?

So far, the Supreme Court’s attempts to address the puzzle have come up short. Early on, the Court suggested that seemingly all government speech must be secular, or that it refrain from “endorsing” religion. But the Court never consistently enforced those limits, struggling to reconcile them with America’s historical experience. And in recent years, the Court has rejected those approaches …

Forum Shopping, Statutes Of Limitations, And Borrowing Statutes, John F. Coyle

Faculty Publications

When a claim is stale in one state but timely in another, a rational plaintiff will always file a lawsuit in the latter jurisdiction. To discourage plaintiffs from shopping around for the longest statute of limitations, thirty-six states have enacted laws known as borrowing statutes. A borrowing statute directs the state’s courts to apply the shorter statute of limitations of another state—typically the one where the cause of action arose—to bar the plaintiff’s claim.

The conventional wisdom holds that borrowing statutes merely restrain plaintiffs from filing lawsuits in out-of-the-way jurisdictions with no connection to the lawsuit. This Article reveals that, …

Distillation Laundering: Regulatory Arbitrage And A Potential Beijing Effect In Ai, Laura Edelson, Filippo Lancieri

Georgetown Law Faculty Publications and Other Works

This essay introduces distillation laundering, a new form of regulatory arbitrage. Distillation, a technique for training large language models based on the outputs of other models instead of from scratch, is generally prohibited by the terms of service of closed-weight frontier models. However, it is economically efficient and has been key to the success of the cheap, distilled (largely Chinese) open-weight models, which have reshaped the global political economy of AI regulation. US companies have now begun to re-import the effects of distillation through various means—a process we call distillation laundering. We also discuss how attempts to lobby these models …

Analysis Of Policies And Incentives For The Successful Implementation Of Hydrogen-Fueled Medium-Duty And Heavy-Duty Vehicles In Humboldt County, California, Alka Verma

Cal Poly Humboldt theses and projects

The 21st century has seen a significant rise in global greenhouse gas (GHG) emissions, with the transportation sector contributing 23% of these emissions. Medium-duty and heavy-duty vehicles (MD/HD) are particularly impactful, accounting for over a quarter of transport-related emissions. In Humboldt County, California, transportation represents 53% of total emissions, with MD/HD vehicles being a major contributor. As light-duty vehicles shift to zero-emission alternatives, the MD/HD sector faces unique challenges. Hydrogen fuel cell vehicles offer a promising solution, providing longer range, higher energy density, and quicker refueling compared to battery electric vehicles (BEVs). These features make hydrogen an attractive option for …

Open Secrets, Robin C. Feldman, Vaughn Goehrig

Faculty Scholarship

Patents and trade secrets were never intended to meet, but in the world of biologic drugs, they've become as thick as thieves. Patent law's disclosure requirement has demanded far too little of biologics manufacturers-allowing them to keep vital manufacturing details under trade secret lock and key. This intellectual property patchwork has been devastating for drug affordability: Because the most critical manufacturing information remains hidden, makers of follow-on biologics (called biosimilars) are often stuck reinventing the wheel, even after the original patents have expired.

This Article makes two principal contributions to illuminating this problem. First, it presents, for the first time …

Crowd Discrimination In The Digital Workplace: How Ai And Platforms Translate Public Bias Into Employment Practices, Tammy Katsabian

SMU Law Review

In today’s digital workplace, employment decisions are increasingly shaped by artificial intelligence (AI) and social media platforms, embedding societal biases into managerial practices and undermining traditional legal safeguards. This Article introduces the concept of crowd discrimination, which arises when biases originating from customers, algorithms, or online communities influence employment outcomes, thus threatening workers’ right to equality. Specifically, it argues that platform-based work, AI-driven management tools, and online shaming systematically transform crowd biases into employment decisions regarding hiring, dismissal, wages, and working conditions.

Crowd discrimination is not incidental. It results from both technological design and the limitations of existing laws, which …

At The Intersection Of Property And Disaster Recovery, Jeanne Ortiz-Ortiz

Faculty Publications

(Excerpt)

When disaster strikes, communities rally to meet urgent, short-term needs—food, shelter, and medical care that keep people alive and safe in the immediate aftermath. For days, we see images of flooded streets, emergency shelters, and calls to support fundraising campaigns in the media cycle. Long-term recovery after a disaster often depends on something less visible: the ability of people, especially those experiencing economic insecurity, to rebuild or return to stable, functional homes.

The outcome of this largely depends on whether families can navigate and access assistance programs like those offered by the Federal Emergency Management Agency (FEMA). Can you …

The Right To Seek Joy, Tyler Rose Clemons

Faculty Publications

Within the past three years, roughly half of American states have restricted access to gender-affirming medical treatment for children. In this article, I argue that these bans violate transgender children’s right to liberty guaranteed by the Fourteenth Amendment’s Due Process Clause. I do so by excavating the Framers’ understanding of liberty as the right to seek joy. Rooted in the philosophies of John Locke and Epicurus, the Framers understood liberty as the right to make important life decisions according to one’s subjective preferences without undue interference from the government. Based on this understanding, I develop a new framework for substantive …

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

Faculty Publications

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Private Prosecution And The State, Anna Arons

Faculty Publications

The modern family regulation system is paradigmatically public. In the common account, the state plays a monopolistic role. It decides which families to investigate and which to prosecute, which families to surveil and which to separate, and which services and benefits to provision for families entangled in the system. Yet, this public family regulation paradigm obscures the role of private prosecution. Nearly half of states permit private individuals to initiate dependency prosecutions. In these cases, private prosecutors allege that parents have neglected or abused their children and seek state intervention on the fundamental right to family integrity.

This Article surfaces …

Building Shields: Accreditation, Insurance, And Public-Private Partnerships As Tools To Safeguard Critical Race Theory And Democracy In Higher Education, Taifha Natalee Alexander

Faculty Publications

(Excerpt)

Following the racial justice uprisings of 2020, universities have become increasingly vulnerable to coordinated political campaigns aimed at dismantling antiracist teaching, training, and research. These attacks, ranging from legislative bans on Critical Race Theory (“CRT”) to executive efforts to dismantle the U.S. Department of Education, expose the fragility of higher education’s role as a guardian of democratic pluralism. This Essay demonstrates that universities cannot rely solely on moral suasion or First Amendment litigation to resist these escalating, structural assaults. Instead, colleges and universities must build a multilayered legal strategy that renders the teaching of CRT and the pursuit of …

The Real Tom Terrific: A Tribute To Professor Thomas Wm. Mayo, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Front Matter, Natural Resources Journal Nrj

Natural Resources Journal

No abstract provided.

Comparing Microgrids With Nuclear Energy: Which Is Better To Catapult New York Toward Its Green Energy Future?, Justin R. Ochs

Natural Resources Journal

This Note examines New York’s climate goals under the Climate Leadership and Community Protection Act (CLCPA) by comparing two pivotal energy solutions: nuclear energy and microgrids. Microgrids remain notably underexplored in legal scholarship, particularly their potential to achieve compliance with the CLCPA. By analyzing the economic, environmental, regulatory, and public perception challenges associated with nuclear energy and microgrids, this Note argues that microgrids offer a safer, more flexible, and sustainable option for accelerating New York’s path toward its green energy future. This Note evaluates microgrid projects across New York, along with common critiques regarding the scalability and viability of hybrid …

Off-Label Abuse: The Prosecution Of Individuals For Pesticide Crimes Under The Federal Insecticide, Fungicide, And Rodenticide Act, Joshua Ozymy, Melissa Jarrell Ozymy

Natural Resources Journal

When individuals commit pesticide crimes involving significant harm or culpable conduct, they may be prosecuted for criminal violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), but we have little knowledge of how individual offenders have been prosecuted historically for such crimes. Using content analysis of 2,728 environmental crime prosecutions resulting from U.S. EPA criminal investigations, 1983 to 2021, we select all cases of individuals prosecuted under FIFRA for our analysis. We find that 100 cases were adjudicated, resulting in 135 years of probation, 75 years of incarceration, and $4.2 million in monetary penalties assessed at sentencing. Of those …

Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton

Natural Resources Journal

The global effort to mitigate climate change increasingly relies on widespread electrification, with lithium-ion batteries at its core and the key minerals required for their production concentrated in countries uniquely vulnerable to exploitation. Lithium-ion battery production relies heavily on cobalt, a critical mineral primarily sourced from the Democratic Republic of the Congo (DRC), which supplies approximately 70 percent of the world’s cobalt. As demand for cobalt is projected to rise sharply, the DRC has become indispensable to the global clean energy transition. Cobalt extraction in the DRC is closely linked to severe human rights abuses, including forced labor, child labor, …

Buddy, Can You Spare A Claim?" Sparing Debtors' Claims From Dismissal Under The Doctrine Of Judicial Estoppel, Post-Keathley V. Buddy Ayers Construction, Inc., Abigail B. Willie

Faculty Articles

In Keathley v. Buddy Ayers Construction, Inc., the Supreme Court considered the (decidedly) unglamorous issue of the proper standard for determining when judicial estoppel may be applied. The case (perhaps unsurprisingly) did not attract protestors on the courthouse steps (there were no hand-painted signs demanding “END ESTOPPEL NOW!”—go figure), nor did it pique the interest of talking-head cable news pundits (apparently, a semi-obscure equitable doctrine isn’t a ratings-grabbing red v. blue state issue—again, go figure). However, those of us in the bankruptcy law world knew the stakes, as evidenced by the amicus briefs filed by retired bankruptcy judges, bankruptcy scholars, …

Conditional Admission And The Hazards Of Lawyer Assistance Programs Operating Without Transparency Or Oversight, Paula Schaefer

Oklahoma Law Review

No abstract provided.

Two Dogmas Of Free Speech Doctrine, David R. Dow

Oklahoma Law Review

No abstract provided.

Preempted Or Permitted? State Immigration Enforcement, Federal Preemption, And The Future Of Immigration Policy, Aryn Kerr

Oklahoma Law Review

No abstract provided.

Oklahoma’S Bible Policy: The Evolving Establishment Clause From Lemon To Kennedy, Carson Douglas Shaw

Oklahoma Law Review

No abstract provided.

From Chevron To Chaos: How Loper Is Redefining The Future Of Health Privacy, Skylar Johnson

Oklahoma Law Review

No abstract provided.

Breaking Free – The Legality Of The Ftc’S Fight Against Non-Competes, M. Akram Faizer

Oklahoma Law Review

No abstract provided.

The Best Of Both Worlds: How Artificial Intelligence Can Balance Precision And Flexibility In Article 9 Search Logic, Lindsay Martin Mayes

Oklahoma Law Review

No abstract provided.

Anti-Slapp Confusion: Should Federal Courts Permit Interlocutory Appeal For Anti-Slapp Motions?, Mitchell L. Grantham

Oklahoma Law Review

No abstract provided.