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Full-Text Articles in Law

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi Jul 2024

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi

Faculty Works

This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.


Covid-19 Pandemic’S Impact On Online Sex Advertising And Sex Trafficking, Coxen O. Julia, Vanessa Castro, Bridgette Carr, Glen Redin Aug 2023

Covid-19 Pandemic’S Impact On Online Sex Advertising And Sex Trafficking, Coxen O. Julia, Vanessa Castro, Bridgette Carr, Glen Redin

Articles

Disruptive social events such as the COVID-19 pandemic can have a significant impact on sex trafficking and the working conditions of victims, yet these effects have been little understood. This paper examines the effect of the COVID-19 pandemic on sex trafficking in the United States, based on analysis of over one million sexual service advertisements from the online platform Rubratings.com, using indicators of third-party management as potential proxies for trafficking. Our results show that there have been measurable changes in online commercial sexual service advertising, both with and without third-party management indicators, in the United States, with a significant decrease …


Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress, David Gamage, Darien Shanske, Gladriel Shobe, Adam Thimmesch Dec 2022

Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress, David Gamage, Darien Shanske, Gladriel Shobe, Adam Thimmesch

University of Michigan Journal of Law Reform

Throughout most of 2020, state and local governments faced severe budget crises as a result of the COVID-19 pandemic. Increased demand for state welfare services and rising state expenses related to controlling the spread of COVID-19 stretched state and local budgets to their breaking points. At the same time, layoffs, business closures, and social distancing measures reduced states’ primary sources of tax revenues. The traditional practice of American fiscal federalism is for the federal government to step in to provide aid during a national emergency of this magnitude, because state and local governments lack the federal government’s monetary and fiscal …


Inter-Agency Collaborations Among Mental Health And Law Enforcement Professionals In San Bernardino County During Covid-19: A Qualitative Study, Sonya Mcisaac May 2022

Inter-Agency Collaborations Among Mental Health And Law Enforcement Professionals In San Bernardino County During Covid-19: A Qualitative Study, Sonya Mcisaac

Electronic Theses, Projects, and Dissertations

As first responders, law enforcement officers and mental health professionals are constantly sought after regarding the delivery of critical services to people in need. However, the COVID-19 pandemic brought almost everything to a halt. It is therefore important to understand how social services were delivered during the crisis. It has been assumed in the literature that interprofessional collaboration is an important service delivery framework. However, because COVID-19 is a relatively recent public health phenomenon, relevant studies on interprofessional collaboration between law enforcement officers and mental health professionals are scant, if not non-existent. This qualitative study addresses this gap by exploring …


The Digital Transformation Of Law: Are We Prepared For Artificially Intelligent Legal Practice?, Larry Bridgesmith, Dr. Adel Elmessiry Mar 2022

The Digital Transformation Of Law: Are We Prepared For Artificially Intelligent Legal Practice?, Larry Bridgesmith, Dr. Adel Elmessiry

Akron Law Review

We live in an instant access and on-demand world of information sharing. The global COVID-19 pandemic has accelerated the necessity of remote working and team collaboration. Work teams are exploring and utilizing the remote work platforms required to serve in place of stand-ups common in the agile workplace. Online tools are needed to provide visibility to the status of projects and the accountability necessary to ensure that tasks are completed on time and on budget. Digital transformation of organizational data is now the target of AI projects to provide enterprise transparency and predictive insights into the process of work. In …


Digital Curb Cuts: Towards An Inclusive Open Forms Ecosystem, Quinten Steenhuis, David Colarusso Mar 2022

Digital Curb Cuts: Towards An Inclusive Open Forms Ecosystem, Quinten Steenhuis, David Colarusso

Akron Law Review

In this paper, we focus on digital curb cuts created during the pandemic: improvements designed to increase accessibility that benefit people beyond the population that they are intended to help. As much as 86% of civil legal needs are unmet, according to a 2017 study by the Legal Services Corporation. Courts and third parties designed many innovations to meet the emergency needs of the pandemic: we argue that these innovations should be extended and enhanced to address this ongoing access to justice crisis. Specifically, we use the Suffolk University Law School's Document Assembly Line as a case study. The Document …


An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini Feb 2022

An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini

William & Mary Journal of Race, Gender, and Social Justice

When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …


The Impact Of Amex And Its Progeny On Technology Platforms, Kacyn H. Fujii Feb 2022

The Impact Of Amex And Its Progeny On Technology Platforms, Kacyn H. Fujii

Michigan Law Review

Big Tech today faces unprecedented levels of antitrust scrutiny. Yet antitrust enforcement against Big Tech still faces a major obstacle: the Supreme Court’s 2018 decision in Ohio v. American Express. Popularly called Amex, the case imposed a higher initial burden on antitrust plaintiffs in cases involving two-sided markets. Two-sided markets connect two distinct, noncompeting groups of customers on a shared platform. These platforms have indirect network effects, meaning that one group of customers benefits when more of the second group of customers joins the platform. Two-sided markets are ubiquitous in the technology sector, encompassing social media, search engines, …


Aging, Health, Equity, And The Law: Foreword, Joan C. Foley Jan 2022

Aging, Health, Equity, And The Law: Foreword, Joan C. Foley

Touro Law Review

No abstract provided.


Preventing Emissions From Slipping Through The Cracks: How Collaboration On New Technologies To Detect Violations And Minimize Emissions Can Efficiently Enforce Existing Clean Air Act Regulations, Kathryn Caballero Jan 2022

Preventing Emissions From Slipping Through The Cracks: How Collaboration On New Technologies To Detect Violations And Minimize Emissions Can Efficiently Enforce Existing Clean Air Act Regulations, Kathryn Caballero

Journal Articles

The link between air pollution and poor public health is well known and has been farther documented during the COVID-19 pandemic, 1 but EPA has outdated methods and rules to detect air emissions. Enforcing existing environmental regulations presents challenges because the detection and monitoring technologies identified in the regulations, or the regulation language itself, may not sufficiently identify environmental pollution, let alone complex environmental fraud. How can EPA best use new technologies and concepts to detect violations, with the intent of minimizing emissions, to improve human health and environmental outcomes during the lengthy process of drafting and publishing new regulations? …


Election Law Localism And Democracy, Richard Briffault Jan 2022

Election Law Localism And Democracy, Richard Briffault

Faculty Scholarship

American federal and state elections are largely run by local officials. Although election law is almost entirely determined by the federal government and the states, elections are actually conducted by thousands of different county and city elections offices. This decentralization of election administration has often, and fairly, been criticized as resulting in undesirable interlocal variation in the application of election rules, inefficiency, and racial discrimination. Yet, in 2020, local election administration, particularly in large urban areas, was a source of strength. Local officials proved to be resilient, innovative, and attentive to local conditions. The record-high turnout in the face of …


Structured To Fail: Lessons From The Trump Administration’S Faulty Pandemic Planning And Response, Alejandro E. Camacho, Robert L. Glicksman Dec 2021

Structured To Fail: Lessons From The Trump Administration’S Faulty Pandemic Planning And Response, Alejandro E. Camacho, Robert L. Glicksman

Michigan Journal of Environmental & Administrative Law

The Trump Administration’s response to the COVID-19 pandemic is a stark reminder that poorly designed government can be a matter of life and death. This article explains how the Administration’s careless and delayed response to the crisis was made immeasurably worse by its confused and confusing reallocation of authority to perform or supervise tasks essential to reducing the virus’s ravages.

After exploring the rationale for and impact of prior federal reorganizations responding to public health crises, the article shows how a combination of unnecessary and unhelpful overlapping authority and a thoughtless mix of centralized and decentralized authority contributed to the …


Pandemic Hope For Chapter 11 Financing, David A. Skeel Jr. Nov 2021

Pandemic Hope For Chapter 11 Financing, David A. Skeel Jr.

All Faculty Scholarship

One of the biggest surprises of the recent pandemic from a bankruptcy perspective has been the ready availability of financing. A variety of factors—such as an estimated $2.5 trillion in available funding at the outset of the crisis and the buoyant stock market—may have contributed. In this Essay, I focus on a less widely appreciated factor, a striking shift in the capital structure of many corporate debtors. Rather than borrowing from one group of lenders, debtors now often borrow from multiple groups of diverse lenders. Although the new capital structure complexity has downsides, it also could counteract a longstanding problem …


Nowhere To Run To, Nowhere To Hide, Praveen Kosuri, Lynnise Pantin Oct 2021

Nowhere To Run To, Nowhere To Hide, Praveen Kosuri, Lynnise Pantin

All Faculty Scholarship

As the COVID-19 global pandemic ravaged the United States, exacerbating the country’s existing racial disparities, Black and brown small business owners navigated unprecedented obstacles to stay afloat. Adding even more hardship and challenges, the United States also engaged in a nationwide racial reckoning in the wake of the murder of George Floyd resulting in wide-scale protests in the same neighborhoods that initially saw a disproportionate impact of COVID-19 and harming many of the same Black and brown business owners. These business owners had to operate in an environment in which they experienced recurring trauma, mental anguish and uncertainty, along with …


Alternative Solutions For Government Intervention In Climate Crisis Markets: Price Gouging And The Pandemic Egg Market Case Study, S. Byron Frazelle Oct 2021

Alternative Solutions For Government Intervention In Climate Crisis Markets: Price Gouging And The Pandemic Egg Market Case Study, S. Byron Frazelle

William & Mary Environmental Law and Policy Review

The cost of a thing is the amount of what I will call life which is required to be exchanged for it, immediately or in the long run.

The incredible, edible egg.


Fires in California, hurricanes along the Gulf, a worldwide pandemic—it is evident that the year 2020 was defined by great crises, most of which were direct results of or exacerbated by climate change. The effects of these crises on broader American society, in particular that of the COVID-19 pandemic, are just beginning to be realized. Nearly every aspect of American life has been impacted by the pandemic and …


2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson Aug 2021

2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson

Popular Media

No abstract provided.


The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig Aug 2021

The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig

Faculty Scholarship

Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among faculty based on gender and the intersection of gender and race. The legal academy has been no exception to this reality. The widespread loss of childcare and the closing of both public and private primary and secondary schools have disproportionately harmed women law faculty, who are more likely than their male peers to work a “second shift” in terms of childcare and household responsibilities. Similarly, women law …


Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty Jun 2021

Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty

William & Mary Journal of Race, Gender, and Social Justice

COVID-19’s arrival, and the changes it has unleashed, reveal how longstanding legal and policy decisions produced structural inequalities that have left so many families, and especially single-parent families with children, all too insecure. The fragility of single-mother families is amplified by the multifaceted discrimination they face. While all single parents, including single fathers and other single relatives who are raising children, share many of these burdens, this Article focuses on the challenges confronting single mothers.

Federal policy choices stand in sharp contrast to the political rhetoric of government support for families. Social and economic policy in the twentieth century developed …


Essential Jobs, Remote Work And Digital Surveillance: Addressing The Covid-19 Pandemic Panopticon, Antonio Aloisi, Valerio De Stefano Jun 2021

Essential Jobs, Remote Work And Digital Surveillance: Addressing The Covid-19 Pandemic Panopticon, Antonio Aloisi, Valerio De Stefano

Articles & Book Chapters

COVID-19-induced digital surveillance has ballooned in an unprecedented fashion, causing a reconfiguration of power relationships in professional settings. This article critically concentrates on the interplay between technology-enabled intrusive monitoring and the managerial prerogatives augmentation in physical and digital workplaces. It portrays excessive control as the common denominator for “essential” and “remotable” activities, besides discussing the various drawbacks of the two categories of workers during the pandemic. It also assesses the adequacy of the current EU legal framework in addressing the expansion of data-driven management. Social dialogue, empowerment and digital literacy are identified as effective solutions to promote organisational flexibility, well-being …


Foreword: Sustainability In The City, Julia D. Mahoney Jun 2021

Foreword: Sustainability In The City, Julia D. Mahoney

William & Mary Environmental Law and Policy Review

“Nature loves to hide,” observed ancient Greek philosopher Heraclitus roughly 2,500 years ago, and the worldwide “COVID-19” pandemic that followed the emergence of the novel coronavirus SARS-CoV-2 at the end of 2019 has served as a bracing reminder of humanity’s incomplete understanding of the natural world. The COVID-19 crisis has turned out to be more than a public health emergency rooted in natural causes, for the pandemic has revealed significant weaknesses in humancreated institutions, including those that govern and influence the urban areas in which most Americans now live.

Of course, with crisis comes opportunity, and it seems highly plausible …


Analysis Of Administrative Agency Adjudicatory Hearing Use Of Remote Appearances And Virtual Hearings, Fredric I. Lederer, Center For Legal & Court Technology Jun 2021

Analysis Of Administrative Agency Adjudicatory Hearing Use Of Remote Appearances And Virtual Hearings, Fredric I. Lederer, Center For Legal & Court Technology

Faculty Publications

With the advent of the COVID-19 pandemic, federal and state courts and federal adjudicatory agencies suspended most trials and hearings. Faced with the requirement to fulfill their basic mission, many resumed partial operations using computer-based video conferencing,especially for preliminary legal and procedural matters. As time passed, the use of that videoconferencing extended to bench trials in courts and to adjudicatory hearings and proceedings such as settlement meetings, mediations, arbitrations, and status conferences in federal agencies. As of this writing, there have also been a small number of remote or virtual jury trials in state and federal courts.

The Administrative Conference …


Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White Apr 2021

Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White

Dickinson Law Review (2017-Present)

The U.S. Constitution provides criminal defendants the right to a court-appointed attorney but gives no similar protection to civil litigants. Although federal law does not supply any categorical rights to counsel for civil litigants, all 50 states have instituted the right in at least one category of civil law that substantially impacts individuals’ rights. Since 2017, several U.S. cities have enacted such a right for tenants facing eviction. In so doing, these cities responded to American families’ increasing rent burden, the recent publication of nationwide eviction data, the sociological research concerning the impact of eviction, and the lack of procedural …


The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent Mar 2021

The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent

William & Mary Law Review

As COVID-19 has spread around the world, many states have suspended their compliance with a core requirement of international refugee law: the duty to refrain from returning refugees to territories where they face a serious risk of persecution (the duty of non-refoulement). These measures have prompted some observers to question whether non-refoulement will survive the pandemic as a nonderogable legal duty. This Article explains why the international community should embrace non-refoulement as a peremptory norm of general international law (jus cogens) that applies even during public emergencies, such as the coronavirus pandemic. Viewed from a global justice perspective, the …


The Brief (Edition #5, February 2021), William & Mary Law School Feb 2021

The Brief (Edition #5, February 2021), William & Mary Law School

The Brief

No abstract provided.


Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, Dana Neacsu Jan 2021

Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, Dana Neacsu

Human Rights Brief

No abstract provided.


From Stigma To Dignity? Transforming Workfare With Universal Basic Income And A Federal Job Guarantee, Lynn D. Lu Jan 2021

From Stigma To Dignity? Transforming Workfare With Universal Basic Income And A Federal Job Guarantee, Lynn D. Lu

Publications and Research

As the COVID-19 pandemic takes a catastrophic toll on lives and livelihoods across the United States, the harshest impact of the unpredictable virus has disproportionately fallen with foreseeable accuracy on Black, immigrant, poor, and elderly people, who are most likely to live and work in close contact with others and to have less access to health care or emergency savings. The speed and severity of the viral contagion has rendered devastatingly, undeniably visible the vast, racial gap between those with reliable health care, child care, housing, nutrition, household wealth, and income and those without, but that gap was already widening …


The Brief (Edition #4, January 2021), William & Mary Law School Jan 2021

The Brief (Edition #4, January 2021), William & Mary Law School

The Brief

No abstract provided.


Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun Jan 2021

Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun

Touro Law Review

Small to mid-market, independent businesses are at the heart of our economy and play a pivotal role in job creation. While it’s estimated by the House of Representatives that these companies account for over half of overall U.S. employment, they have been traditionally underserved in bankruptcy law. Historically, the resources necessary to complete a chapter 11 bankruptcy are not within reach for these small to mid-market businesses. Passed in 2019, the Small Business Reorganization Act has modified the Bankruptcy Code to provide new avenues for these small businesses in need. Impactful in its own right, it has emerged as a …


What Regulators Can Learn From Global Health Governance, Cary Coglianese Jan 2021

What Regulators Can Learn From Global Health Governance, Cary Coglianese

All Faculty Scholarship

The Great Pandemic of 2020 shows how much public health around the world depends on effective global and domestic governance. Yet for too long, global health governance and domestic regulatory governance have remained largely separate fields of scholarship and practice. In her book, Global Health Justice and Governance, Jennifer Prah Ruger offers scholars and practitioners of regulatory governance an excellent opportunity to see how domestic regulation shares many of the same problems, strategies, and challenges as global health governance. These commonalities reinforce how much national and subnational regulators can learn from global health governance. Drawing on insights from Prah …


Pandemic Surveillance Discrimination, Christian Sundquist Jan 2021

Pandemic Surveillance Discrimination, Christian Sundquist

Articles

The COVID-19 pandemic has laid bare the abiding tension between surveillance and privacy. Public health epidemiology has long utilized a variety of surveillance methods—such as contact tracing, quarantines, and mandatory reporting laws—to control the spread of disease during past epidemics and pandemics. Officials have typically justified the resulting intrusions on privacy as necessary for the greater public good by helping to stave off larger health crisis. The nature and scope of public health surveillance in the battle against COVID-19, however, has significantly changed with the advent of new technologies. Digital surveillance tools, often embedded in wearable technology, have greatly increased …