Law Commons^™

Three Essays On The Economics Of Crime And Education, Joy Kanengiser

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first chapter investigates the labor market impacts of the Clean Slate Law, a policy designed to reduce barriers to entry by automating the sealing of criminal records. Using IPUMS CPS data from six states, I employ a difference-in-differences framework with individual fixed effects and an event study design to identify changes in employment outcomes. I find that the Clean Slate policy increases employment by 0.33 percentage points and weekly hours worked by 0.44 hours (approximately 24 minutes). Full-time employment rises, while self-employment declines by 0.12 percentage points, suggesting a shift from informal to more stable, formal jobs. These employment …

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …

Table Of Contents

The Judges' Book

No abstract provided.

Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman

The Judges' Book

No abstract provided.

Criminal Law: Felons, Firearms, And The “Federalization” Of Crime, Jonathan Abel

The Judges' Book

No abstract provided.

Civil Procedure: The Culture Of Forum Shopping In Civil Litigation, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: When Does State Law Affect Federal Jurisdiction?, Scott Dodson

The Judges' Book

No abstract provided.

In Search Of A State, Maeve Glass

Faculty Scholarship

This article offers a legal history of one of America’s earliest campaigns of state legislative resistance: the effort in Massachusetts to protest the national government’s perceived dismantling of an old Atlantic commercial order from 1803 to 1815. To date, scholars have either condemned this protest as a dangerous harbinger of the Civil War or vindicated it as an inevitable and salutary extension of the Founding. This article steers a different course. By focusing on the evolving language of protest and the complex hybrid of ideas and material realities from which this language emerged, this article illuminates how Federalist leaders who …

Trumpian Populism And The Changing Intellectual Landscape In Antitrust: Century-Old Resonances, The New Right And Possible End Of An Era., Jonathan B. Baker

Scholarly Articles in Law Reviews & Journals

Three sides predominated in the U.S. antitrust policy debate during the Biden administration: neo-Brandeisians (or antimonopolists), centrist reformers (or post-Chicagoans), and conservatives (or Chicagoans). At that time, Trumpian populists did not comfortably fit with any of these groups and were at best secondary participants in policy discussions.

Nine months after the start of the second Trump administration, the intellectual landscape was different. Trumpian populism has now taken center stage at the antitrust enforcement agencies through two senior appointments-- Abigail (Gail) Slater as Assistant Attorney General for Antitrust in the Department of Justice (DOJ) and Mark Meador as a Federal Trade …

Getting Donor-Advised Funds Regulation Right: Closing The Public Support Test Loophole, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

Donor-Advised Funds (“DAFs”) have been the subject of vigorous critical scholarship in the past two decades. This Article addresses two timely issues in DAF regulation: the theoretical justifications for extra strict regulation of DAFs, and, in light of those justifications, how to close a major loophole in the regulatory scheme. DAFs have been called “virtual private foundations” because they are similar in some respects to private foundations, but until two decades ago, they were treated for legal purposes as public charities. In 2006, Congress enacted legislation that both formally recognized DAFs for the first time and subjected them to several …

The Unenforceable Indian Trust, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This Essay explores the Indian trust relationship in light of recent decisions, especially Arizona v. Navajo Nation, that severely limit the judicial enforcement of federal trust responsibilities. Given the built-in tension between the trust responsibility and self-determination, periodic reassessment of the role and power of the Indian trust is perhaps inevitable. The Supreme Court's attack on meaningful enforcement of the trust responsibility is deeply problematic in that it puts tribes in the position of getting neither the benefits of a special Indian trust nor those principles that are supposed to govern trusts in general. But the Court is not …

Trump Has A Point On Trade, William Snape

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Institutions And Economic Development, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Though forty years have passed since the American Indian Law Review published Economic Development in Indian Country: What Are the Questions? by Professor Frank Pommersheim, many of the same challenges and questions about economic development remain. This brief Essay looks back at Pommersheim’s work, surveys the state of scholarship on economic development today, and offers a few ideas about the future of such work. To this day, economic development remains a backwater among law professors compared to sexier topics like criminal jurisdiction, civil authority over nonIndians, and whatever is the most recent opinion from the U.S. Supreme Court. But …

"Shocking The System" In The 21st Century: Conservative Policy Entrepreneurs And The Plan For Authoritarianism In The U.S., Athena M. King

Political Science & Geography Faculty Publications

The first few days of the second Trump presidency saw a flurry of executive orders targeting immigrants, the transgender community, blacks, and federal government employees. The resulting “shocks” to the system are unprecedented, causing many to question the continuation of American democracy. These actions are a few of many policy preferences developed by conservatives and captured in “Project 2025”, spearheaded by the Heritage Foundation and with the overall intent of restructuring the federal government to suit authoritarian aims. Using a theoretical framework regarding policy entrepreneurs (PEs), I argue that conservative PEs (CPEs), under the aegis of the Republican Party and …

Securitization Of African Migrants In Europe And North America, Chick Edmond

Political Science & Geography Faculty Publications

The securitization of African migrants in Europe and North America refers to the framing of immigrants as an existential security threat rather than a socioeconomic or humanitarian concerns. This discourse driven by political rhetoric, media narratives, and policy measures, often depict African migrants as risks to national security, cultural identity, and economic stability. Governments in host countries employ stringent border controls, detention and deportation policies often justified by counterterrorism and crime prevention frameworks. However, critics argue that securitization exacerbates xenophobia, violates human rights, and fails to address root causes of migration, such as conflict, poverty, and climate change. This paper …

The Role Of Economic Sanctions In Shaping International Trade Relationships Case Study: Russia, Chick Edmond

Political Science & Geography Faculty Publications

Economic sanctions play an influential role in international relations by shaping the behavior of states. To address security threats and uphold international norms, countries seek to punish those responsible in violating these principles through the use of economic sanctions. The paper examines the impact of economic sanctions on trade relationships and its consequences on the Russian Economy. It also seeks to analyze the evolution of trade embargo during the post-cold war era to a more resilient and sophisticated measures in the age of globalization. Through this historical perspective, this analysis examines an important case study such as Russia by evaluating …

Manifesting A Shift In The "Overton Window": The Threat Of Project 2025 On The Lgbtq+ Community In Higher Education, Athena M. King, Sara Sanatkar

Political Science & Geography Faculty Publications

Since the first Trump administration, historically marginalized groups in the United States have been subjected to greater instances of bigotry and discrimination due to conservative influence on sociopolitical institutions. These actions suggest a shift in the "Overton Window," whereby policy preferences previously deemed "unacceptable" are given consideration in the mainstream, especially by conservative policy actors. "Project 2025" is a comprehensive plan to restructure the federal government according to conservative dictates in the second Trump administration. This article is an examination of how higher education may be impacted by this plan, especially as it relates to LGBTQ+ faculty, administration, staff, and …

New York Environmental Legislation In 2024, Michael B. Gerrard

Faculty Scholarship

In 2024, New York State enacted several laws aimed either at dealing with the adverse impacts of climate change such as extreme heat and increasingl severe and frequent storms or at helping to mitigate greenhouse gas emissions to avoid or minimize the adverse impacts. The final bill signed by Governor Kathy Hochul in 2024 was the most high-profile of these laws — the Climate Change Superfund Act, which will require fossil fuel companies to pay for adaptation measures.

Other new laws last year related to extreme heat in schools and prisons, food waste, expanded polystyrene containers, community gardens, and native …

Loper Bright And The Great Writ, Anthony G. Amsterdam, James S. Liebman

Faculty Scholarship

Chevron deference is dead. The Court’s forty-year, seventy-decision experiment with Article-III-court deference to “reasonable” agency interpretations of ambiguous federal statutes failed, killed in part by concern that it unduly curbed the “judicial Power” to enforce the rule of law in the face of politics, partisanship, and mission-driven agency decision-making.

“AEDPA deference” lives. The Court’s twenty-five-year, seventy-two decision experiment with Article-III-court deference to “reasonable” state-court interpretations of the Constitution under the 1996 Antiterrorism and Effective Death Penalty Act continues to relegate criminal defendants to prison or death, notwithstanding federal habeas judges’ independent judgment that the state courts have misread or misapplied …

For Whose Benefit Is The Freedom Of Speech?, Vincent A. Blasi

Faculty Scholarship

In United States v. Alvarez, the US Supreme Court ruled that an official of a water district who introduced himself to his constituents by falsely stating in a public meeting that he had earned the Congressional Medal of Honor had a First Amendment right to make that demonstrably untrue claim. Audience members misled by the statement might well be considered to have a First Amendment interest in not being directly and knowingly lied to in that way. Other members of the community might be thought to have a First Amendment interest in public officials such as Xavier Alvarez telling …

Fixing Mfw: Fairness And Vision In Controller Self-Dealing, Zohar Goshen, Assaf Hamdani, Dorothy S. Lund

Faculty Scholarship

The legal regime governing controlling shareholders relies on the ability of Delaware courts to police conflicted transactions under the stringent "entire fairness" standard of review. This review involves both implicit valuation – evaluating the transaction process, and explicit valuation – assessing the fairness of the transaction's financial terms. This Article reveals a critical flaw in this regime: courts cannot reliably engage in valuation when the transaction involves an entrepreneur's idiosyncratic vision for the company. As a result, there is a gaping hole in Delaware's framework for policing the fairness of controller transactions.

Delaware courts have developed guardrails to avoid judicial …

The Politics Of Bank Supervision: From Eccles To Bessent, Kathryn Judge

Faculty Scholarship

Throughout his tenure as chair of the Federal Reserve Board, Marriner Eccles pressed President Franklin D. Roosevelt to over­haul bank supervision. Eccles eventually made his ongoing service as chair contingent on FDR agreeing to support the effort. This initiative is commonly depicted as a power grab. Federal bank regulation and supervision, then and now, is divvied up among three agencies, the Federal Reserve, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency. Eccles wanted the Fed, and the Fed alone, to be the federal bank supervisor. Having already succeeded in enhancing his power once, by spearheading reforms that …

How Artificial Intelligence Will Shape Securities Regulation, Gabriel Rauterberg

Faculty Scholarship

How will the increasing prevalence and sophistication of artificial intelligence (AI) change the doctrine and practice of securities law? My main thesis is that it will push securities regulation toward a more systems-oriented approach. This approach will replace securities law’s emphasis, in areas like manipulation, on forms of enforcement targeted at specific individuals and accompanied by punitive sanctions with a greater focus on ex ante rules designed to shape an ecology of actors and information.

Immigration Law: Decisionmaking In U.S. Immigration Courts, Karen Musalo

The Judges' Book

No abstract provided.

An Investigation Into Artificial Intelligence And Intellectual Property From An Economic Perspective, Jackson Benjamin Bram Girard Lasalle

Honors Theses and Capstones

This paper investigates the debate around recent developments in Artificial Intelligence and its impact on intellectual property laws from an economic perspective.

The "Casserole" Constitution: The South African Constitution And International Law, Penelope Andrews

Articles & Chapters

No abstract provided.

Introduction: Corporate And Securities Law Responses To Climate Change: Law And Political Economy Perspectives, Sarah C. Haan, Faith Stevelman

Articles & Chapters

No abstract provided.

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Articles & Chapters

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Un©Ertainty And Dis©Omfort, Richard H. Chused

Articles & Chapters

This essay explores creative works that produce powerful reactions of discernment, hostility, or deep uncertainty from mysterious forms of "blankness." They all use silence or similarly ineffable qualities to challenge the thoughtfulness and tolerance of audience members. They force us to understand that creativity sometimes manifests itself in strange and bizarre ways that test not only our viewing tolerance, but also our traditional notions of creativity and of intellectual property boundary lines. It is like forcing fully sensory-enabled people to think about creativity in ways that may mimic a small fragment of the daily experience of those with limited sight …

Housing Justice Pipeline: Harnessing Housing Clinics To Transform The Right To Counsel Movement, Erica Braudy, Thomas Honan, Tuhfa Begum

Articles & Chapters

No abstract provided.