Law Commons^™

Breaking The Chains: Lessons Learned From Anti-Slave Labor Laws And Their Applicability To Proposed Expansions To The Uflpa, Kaitlin Danielle Chang

William & Mary Business Law Review

With global trade growing every day and more products being imported from foreign countries, responsible sourcing of products is more important now than ever. Irresponsible importation of goods can lead to countries like the United States supporting human rights abuses abroad by allowing goods made with forced labor into their domestic markets. The Uyghur Forced Labor Protection Act (UFLPA) has empowered the United States’ Customs and Border Protection to hinder the flow of goods made with Uyghur forced labor into the United States, but it has not been completely successful in preventing these goods from being sold in the United …

Provenance Researchers Wanted: How & Why The Fiduciary Duty Of Care For Museum Trustees Should Be Expanded, Gracie O. Moore

William & Mary Business Law Review

As non-profit directors, museum trustees owe the fiduciary duties of care and loyalty to their institutions. The museum community has established that provenance research is crucial to the ethical operation of museums; however, employing a full-time provenance researcher has not been considered as falling under the duty of care. This Note argues that the fiduciary duty of care for museum trustees should be interpreted to include the employment of a full-time provenance researcher or the establishment of a full-time provenance research department. First, employing a full-time provenance researcher can prevent potential lawsuits against museums because they have the proper skills, …

Formalizing Fairness: Statistical Measures Of Parity For Recidivism Prediction Instruments, Joshua Song

Michigan Technology Law Review

Recidivism prediction instruments (RPI) are increasingly employed as an algorithmic arm of the criminal justice system to assist in bond, sentencing, and probation determinations. Due process and ethics guidelines require that RPIs, such as the Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), apply a fair assessment in making recidivism predictions. To establish fair RPIs, we must first define standards of fairness and methods to measure bias in RPI outputs. However, defining algorithmic fairness can be cryptic and context-dependent. Scholars have proposed different criteria for what defines a fair RPI. Unfortunately, these criteria are conflicting and mutually exclusive; it is …

Ideal Enforcement: How Do We Achieve Optimal Enforcement Of Traffic Law As Ubiquitous Enforcement Becomes Technologically Conceivable?, Bryant Walker Smith, Jeffrey Michael, Johnathon Ehsani

Michigan Technology Law Review

Safety. Mobility. Technology. Data. Equity. Autonomy. Community. Justice. Power. Trust. These themes have resonated over the last few years across a wide range of specific issues—some that are new and others that have only recently received the broader attention that they demand. A coming age of “perfect enforcement,” in which both public and private actors use increasingly powerful, pervasive, and affordable technologies to automatically identify and penalize every deviation from public or private rules, captures all these issues: They meet—in the language of physics, they interfere, whether constructively or destructively—to affect both perception and reality. The potential role of technology …

The Liability Of Classification Societies : A Comparative Study With A Focus On Criminal Liability Under The Law Of The Republic Of Korea And Other Jurisdictions, Hyunho Kim

World Maritime University Dissertations

No abstract provided.

Pacific Island Countries Green Shipping Corridors Network (Picgsc Network) : Efficiency And Effectiveness Of Green Shipping Corridors And The Impact Of Climate Change On Shipping, Asela Peneueta

World Maritime University Dissertations

No abstract provided.

Navigating The Technological Wave In Maritime : Examining Safety Culture In The Era Of Sustainability And E-Navigation, Mithilesh Kumar

World Maritime University Dissertations

No abstract provided.

Sounds Good: How The Inflation Reduction Act And New Epa Regulations Mitigate The Music Streaming Industry’S Carbon Footprint, Thomas C. Hammons

North Carolina Journal of Law & Technology

No abstract provided.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

You’Ve Got Fraud: Meta’S Embrace Of Fraudulent Ads And How § 230 Can Protect Us, Benjamin D. Spain

North Carolina Journal of Law & Technology

No abstract provided.

Judicial Dark Matter, Nina Varsava, Michael A. Livermore, Keith Carlson Carlson, Daniel N. Rockmore

University of Chicago Law Review

Judicial reform efforts aimed at rectifying historical gender and racial inequalities understandably focus on increasing the number of women and people of color on the bench. While this is an important program, this Article sheds light on another aspect of the representation problem, which will not necessarily be resolved through greater diversity in judicial appointments. This problem has to do with the understudied and often opaque practices of judicial administration. Through a large-scale empirical study of federal appellate decisions, we examine the distribution of judges along the lines of gender and race across decision panels and find systematic gender and …

Network Harms, Andy Z. Wang

University of Chicago Law Review

When it comes to data, the whole is greater than the sum of its parts. There may be millions of people with the same birthday. But how many also have a dog, drive a red car, and have two kids? The more that data is aggregated, the more identifying, and thus sensitive, it becomes. In recognition of this principle, the law has developed safe harbors for firms that take steps to prevent aggregation of the data they sell. A firm might, for instance, anonymize its data by removing identifying information. But as the science academy has shown, a wide array …

The Demise Of Deference — And The Rise Of Delegation To Interpret?, Thomas W. Merrill

Faculty Scholarship

In the concluding days of its recently completed Term, in the midst of headline-grabbing decisions about presidential immunity, gun rights, and abortion, the Supreme Court rendered a momentous decision overruling the Chevron doctrine. The decision in Loper Bright Enterprises v. Raimondo was not a surprise. After treating the Chevron doctrine as a settled principle of administrative law for more than three decades, the Court stopped applying it in 2016. Several Justices authored individual opinions urging that it was unconstitutional, violated the Administrative Procedure Act (APA), was prone to manipulation by judges, created systematic bias in favor of the government, and …

Should Ireland Have Taxed Apple?, Reuven S. Avi-Yonah, Nessa Ní Chasaide

Articles

On September 10 the EU’s Court of Justice issued its long-awaited decision in the Apple state aid case. Surprisingly, it reversed the EU’s General Court decision and held that the European Commission was correct in finding that Ireland had provided prohibited state aid to Apple, and therefore Apple must pay Ireland the €13 billion in taxes that it would have paid but for the illegal subsidy. This state aid case, the largest in the EU’s history, highlights significant issues about the legal governance of corporate tax. This article examines the notable features of the Court ruling, then outlines why we …

Privacy Law's Incumbency Problem, Peter Ormerod

Faculty Publications

Policymakers and scholars concerned with the power of informational platforms are questioning how traditional doctrinal silos like privacy law and antitrust law interact in digital markets. Their interaction has taken on new urgency in recent years as states have enacted a flurry of consent-based privacy laws and as digital markets have become increasingly dominated by the same few firms

Contemporary debates about the interaction of competition and privacy tend to ask what role, if any, privacy should play in the antitrust analysis. Little has been written about how new privacy laws shape the competitive landscape. This Article argues that consent-based …

The Power Of All: Tort In The Age Of Constitution, Cristina Carmody Tilley

Faculty Publications

Life in a multicultural nation can be fraught. The United States is a case in point, with hostile tension between members of competing identity groups playing out today on streets, in offices, and across the media. Modern Americans assume that bridging race, gender, and class inequity is the stuff of public—constitutional—law. This assumption follows the lead of modern American lawyers, who migrated to this body of law just as historians, sociologists, and economists began to insist that the private law of tort was exclusively concerned with the accidental physical harms inevitable in a modern economy. According to this econostory, tort …

Law, Fact, And Appellate Review, Adam N. Steinman

Faculty Scholarship

For centuries, courts have been called upon to distinguish between law and fact. That distinction played a key role in recent Supreme Court decisions on two critical components of appellate review. Dupree v. Younger considered an important question regarding what a party must do at trial to preserve an issue for appellate review. And Google LLC v. Oracle America, Inc. addressed how to select and apply the standard of appellate review--specifically, whether and how the appellate court must show deference to particular decisions made at the trial level.
Both decisions were partially right. Dupree correctly focused on whether certain early …

Justice On The High Seas: Nonpecuniary Damages And The Death On The High Seas Act, Casey Rockwell, Chad Marzen

William & Mary Business Law Review

The COVID-19 pandemic has brought forth many discussions on liability issues. The Death on the High Seas Act currently prohibits recovery of “loss of society” or “loss of consortium” nonpecuniary damages. This Article contends that in the wake of the COVID-19 pandemic, with the harsh results of the application of DOHSA in COVID-19 cases, Congress has an opportunity to amend DOHSA. Allowing recovery of nonpecuniary damages in DOHSA cruise line cases, currently advocated for by a bipartisan group of lawmakers, will provide consistency and fairness to DOHSA.

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Jonathan Luciano, Ju Lee

UC Law Business Journal

No abstract provided.

Volume 7, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Cran V. Mtc Ltd And Others (Sa 822022) 2024 Nasc 6 (13 March 2024), Dunia P. Zongwe

SAIPAR Case Review

This piece focuses on the Namibian Supreme Court's decision concerning the Communications Regulatory Authority of Namibia's (CRAN) discretionary powers to levy regulatory fees. The judgment upholds the constitutionality of the amended Section 23 of the Communications Act of Namibia, which provides guidelines for setting these fees. The commentary commends the Court's sophisticated understanding of regulatory governance, balancing legislative oversight with administrative expertise. However, it also points out inefficiencies in the current fee-setting mechanism, particularly the lack of collaborative input from stakeholders and the risk for potential regulatory costs being pased on to consumers in an already oligopolistic market. Legislative reforms …

Coca-Cola Beverages Africa (Pty) Ltd V. Competition Commission And Another [2024] Zacc 3, Dunia P. Zongwe, Adolf N. Gariseb

SAIPAR Case Review

This article examines the South African Constitutional Court's decision on the public interest considerations in merger control, specifically concerning employment effects. The case involved Coca-Cola's retrenchments post-merger and the Competition Commission's notice of apparent breach. The Court's ruling clarifies the review standards for regulatory enforcement of merger conditions and the causal link required between a merger and subsequent employment decisions. The commentary highlights the paradox in South Africa's competition law, emphasising employment protection, though well-intentioned, may constrain economic flexibility. It argues that this employment-centric approach can lead to inefficiencies, diminish consumer welfare, and obscure market competitiveness as a public interest.

Editorial Note, O'Brien Kaaba, Madrine Mukabili, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Adjudication Of Presidential Term Limits In Zambia: A Comment On Michelo Chizombe V. Edgar Chagwa Lungu And Others 2023/Ccz/0021, O'Brien Kaaba

SAIPAR Case Review

This piece examines the Zambian Constitutional Court's decision on former President Edgar Lungu's eligibility to contest future presidential elections. The Court ruled Lungu ineligible, based on the application of Article 35 of the Constitution of Zambia, which was in force during his first term. The authors highlight the national significance of this case, particularly its impact on the 2026 presidential elections and its potential to reshape opposition politics. The commentary further explores the power of an apex court to depart from its own precedents, affirming the Constitutional Court's inherent jurisdiction to do so under exceptional circumstances, aligning with practices in …

Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen

SAIPAR Case Review

This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …

Sydney Mwansa V. Director Of Public Prosecutions (Appeal No. 276/2012) (Dpp) And Non-Conviction Based Forfeiture Orders: A Case Comment, Muna Ndulo

SAIPAR Case Review

This piece critically analyses the Zambian Court of Appeal's decision regarding a non-conviction-based forfeiture order. The Court allowed the appeal, insisting on the need to identify a specific offence and establish a clear connection between the offence and the tainted property. The author argues that this decision is legally flawed as it misconstrues the fundamental principle of non-conviction forfeiture, which does not require proof of a criminal conviction or a specific offence. The commentary emphasises that unexplained wealth, where authorities show a disparity between legitimate earnings and accumulated assets, should be sufficient to trigger forfeiture, with the burden of proof …

Law Library Blog (November 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Rwu Law Alumni Association Breakfast & Annual Meeting 6-13-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.