Law Commons^™

Kinship Care And Adoption Myopia, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

The Case For Waivable Employee Rights: A Contrarian View, William Corbett

Journal Articles

No abstract provided.

The Once And Future Clean Air Act: Impacts Of The Inflation Reduction Act On Epa's Regulatory Authority, Nicholas Bryner

Journal Articles

The Clean Air Act is one of Congress's greatest success stories. The major piece of legislation, passed in the context of environmental and public health crises, has driven technological change through regulation that has dramatically improved air quality even in a prolonged period of economic growth. In the context of climate change, however, despite many efforts since the 1990s, the Clean Air Act has not proven to be a successful legislative tool. Instead, the Act has faced complex obstacles in the statutory language and a trend in Supreme Court jurisprudence-leading up to and including the June 2022 decision in West …

Judicial Fidelity, Caprice L. Roberts

Journal Articles

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet.

Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends longstanding …

Local Government Regulation Of Ccs, Keith B. Hall

Journal Articles

Carbon capture and storage is being used in an increasing number of locations in the United States as a tool to address climate change, and many more projects are in the planning stages. Although government, industry, and some prominent environmental organizations support the use of CCS, some environmental organizations and many citizens who live in the vicinity of proposed CCS projects oppose CCS. This has prompted several local governments to enact ordinances that attempt to prohibit or regulate CCS. These ordinances take many forms-moratoria, zoning restrictions and setbacks, effective bans, outright bans, construction and operational restrictions, and various other types …

​Thinking Outside Of The "White Box": An Afrofuturistic Critique Of Terry Stops, Nina-Simone Edwards

Library Scholarship

What would the future look like if the privacy invasions that Black Americans are currently subjected to were not so normalized? This Note brings an Afrofuturistic perspective to the analysis of Terry stops, putting forward an alternative legal paradigm that uplifts Black Americans, their privacy, and their experiences, rather than police practices. Part I of this Note looks to the past, drawing on Afrofuturism’s tenant of reclamation, and assesses the development of vagrancy laws. Under these laws, vague legal standards allowed law enforcement to criminalize Black people after the end of slavery, punishing those who fell outside of the “white …

Democratic Backsliding In Poland In Light Of Rule Of Law Accountability To The European Union, Caterina Chiopris, Monika Nalepa

Emory Law Journal

In 2015, Poland began to gradually dismantle institutions of the rule of law that had been carefully put in place after its governmental transition. Moreover, this process has been underway largely with the electorate’s support. This is puzzling because only several years earlier, the rule of law seemed to be all but guaranteed by the country’s accession to the European Union. As Poland is still a member of the European Union, and the European Union is noticing erosion of the rule of law and sounding the alarm, why are “eroders” still being elected? We propose an explanation based on the …

Congress Is An It: A New View Of Legislative History, Brian D. Feinstein

Emory Law Journal

Prominent judges and scholars have long challenged the use of legislative history in statutory interpretation. Critics point to the privileged role that supposedly unrepresentative committee chairs play in the production of legislative history and a perceived inability to aggregate individual lawmakers’ intentions. These features, the argument goes, cast doubt on the reliability of committee reports, floor speeches, and the like as windows into congressional intent. This critique even comes with a pithy framing: using legislative history to interpret statutes is misguided because “Congress is a ‘they,’ not an ‘it.’”

This widely adopted expression, although appropriate in previous congressional epochs, …

Bridging The Gap In Corporate Governance For Interlocking Directors In Colombia, Juan D. Ovalle

Emory Business Law Review

No abstract provided.

Climate, Clarity, Controversy: A Constitutional, Statutory, And Policy Analysis Of The Sec’S Proposed Climate Disclosure Rules, Astoneia O. Moss

Emory Business Law Review

The burgeoning ESG movement has heightened investors’ interest in how companies steward the environment in which they operate; manage their human capital; and implement strategies to effectively manage and fulfill the desires of stakeholders. As a result, the SEC has sought to implement a mandatory climate-related disclosure regime to provide investors with public companies’ climate-related data to assist in the investment decision-making process. The proposed climate-related disclosure rule has faced criticism from businesses, politicians, and legal scholars on constitutional, statutory, and policy grounds. This Comment concludes that based on the statutory language of the Securities Act of 1933 and Securities …

Antitrust, Labor Markets, And Issue-Spotting Dei Initiatives, Francesca Pisano

Emory Business Law Review

No abstract provided.

When Can An Agreement On Environmental Policies Comply With U.S. Antitrust Laws?, Nathan Mendelsohn

Emory Business Law Review

No abstract provided.

Federal Enforcers Signal Heightened Scrutiny Of Algorithm Use To Inform Pricing Decisions, Lohr A. Beck, Carley H. Thompson

Emory Business Law Review

No abstract provided.

The End Of Remedies?, Joshua Shapiro

Emory Business Law Review

No abstract provided.

The Rise Of Labor Issues As An Antitrust Priority, Richard Dagen, Maryanne Magnier

Emory Business Law Review

No abstract provided.

It’S Not Personal, It’S Strictly Business: The Need To Amend The Federal Rules Of Evidence To Permit Live Corporate Designee Testimony At Trial, Veronica J. Finkelstein

Emory Business Law Review

No abstract provided.

For The Birds: Trademark And Brand Management Considerations For The Rebranded Digital Town Square, Arielle Levin

Emory Business Law Review

No abstract provided.

Law In Books Versus Law In Action In The Landmark Shenzhen, China, Personal Bankruptcy Regime, Jason J. Kilborn

Emory Bankruptcy Developments Journal

The first personal bankruptcy regime in Mainland China celebrated its second anniversary on March 1, 2023. An empirical assessment of the law in action during these first two years reveals some troubling deviations from the early promises of the new law on the books. In the first year, a handful of judges were charged with an arduous in-person review process for over 1,000 applicants, and they accepted only twenty-five for case initiation. In the second year, initial case review was delegated to an administrative body—an important efficiency enhancement that tripled the number of opened cases. Nonetheless, most debtors continue to …

Introduction: A Tribute To The Honorable Thomas L. Ambro, Z Arima

Emory Bankruptcy Developments Journal

No abstract provided.

Acceptance Remarks For The 2024 Distinguished Service Award For Lifetime Achievement, Thomas L. Ambro

Emory Bankruptcy Developments Journal

No abstract provided.

Access To Justice: A Roadmap To Creating And Launching Consumer Bankruptcy Experiential Programs In Law Schools, Ishaq Kundawala

Emory Bankruptcy Developments Journal

No abstract provided.

Just Consumer Financial Protection: Prevention Or Cure, Andrea J. Boyack

Emory Bankruptcy Developments Journal

No abstract provided.

The Original Meaning Of The Sixteenth Amendment, David Gamage, John R. Brooks

Faculty Publications

The Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to the exercise of that power have typically turned on whether the thing being taxed is “income” or not. In the most recent example, the 2024 Supreme Court case of Moore v. United States, taxpayers argued that the Sixteenth Amendment only authorizes taxation of realized income—that is, that gain from appreciated property can only be taxed as “income” when there has been a sale or conversion of that property.

In this Article we argue—based on the original …

Virtual Justice?: An Analysis Of Access To Court For People Experiencing Homelessness, Kaitlin Humer

Theses and Dissertations (Comprehensive)

Homelessness in Canada remains a wicked social problem that often intersects with compounding forms of marginalization. The criminalization of homelessness and living life in the public sphere explain, in part, why this population is likely to interact with the criminal justice system. Following the onset of the pandemic, the courts were forced to modernize and embrace digital technologies to maintain operations. Now four years since these changes, there are no signs of turning back and the court system is continuing forward with a hybrid model. Despite this, there is minimal research on the impact of virtual court proceedings on people …

Toward Best Practices For Trade-Security Measures, Harlan G. Cohen

Faculty Scholarship

The global economy is increasingly being weaponized. Citing security concerns from traditional defence to economic competitiveness, health emergency, and climate crisis, states are turning to sanctions, tariffs, export controls, investment screening, and subsidies. But while economic statecraft is becoming common, rules remain scarce. Questions about notice, duration, proportionality, harm minimization, compensation, retaliation, and/or rebalancing lack clear answers and seem almost theoretical. Once, we might have hoped the World Trade Organization (WTO) would play a role in developing such rules. But in the absence of an Appellate Body and in the face of state rejections of review, WTO’s deliberative processes have …

Punishment And Resources, Mark D. White

Publications and Research

Philosophers of punishment have paid little attention to resource constraints, which have an undeniable impact on how various approaches to punishment work in the real world. It has fallen on economists, with their central focus on scarcity and opportunity cost, to analyze the resource demands of different philosophies of punishment. However, the utilitarian nature of mainstream economics limits the scope of economic theories of punishment to deterrence, which fits naturally into mathematical economic techniques, as opposed to retributivism, the principled nature of which resists quantification. This chapter explores the resource implications of punishment. It starts by identifying shortcomings of the …

Farewell To Cultural Superiority: Resolving The Alleged Chinese Misappropriation Of Korean Cultural Heritage Through Unesco's 2005 Convention For The Protection And Promotion Of The Diversity Of Cultural Expressions, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution

No abstract provided.

Incorporating Alternative Dispute Resolution At The United Nations: Establishing And Implementing And Arbitration Panel To Determine Whether A Permanent Member Of The Security Council Can Or Cannot Veto Proposed Resolutions Potentially Involving Human Rights Violations And Mass Atrocities, Jillian Leavey

Cardozo Journal of Conflict Resolution

No abstract provided.

Dance Like Everyone Is Watching: Why Tiktok Choreography And Copyright Aren't In Sync, Roseanne Planker

Cardozo Arts & Entertainment Law Journal

The note argues that viral dances on platforms like TikTok should not be protected under the U.S. Copyright Act due to their ephemeral nature, social functionality, and the incompatibility of copyright's exclusivity with the viral dissemination process. It advocates for statutory reforms to ensure fair compensation and attribution for creators, proposing that platforms like TikTok be held accountable for these protections, similar to the EU's Copyright Directive. The analysis emphasizes the need for new legal frameworks to address the unique challenges of viral choreography, balancing artistic progress and creator rights.

Holocaust Denial Legislation In The United Kingdom, Germany, Austria, And The United States: How The Law Presently Addresses The Issue And Proposals For Reform, Madeline Epstein

Cardozo International & Comparative Law Review

The note examines the legal frameworks addressing Holocaust denial in the United Kingdom, Germany, Austria, and the United States, highlighting the need for more robust legislation to combat Holocaust denial effectively. It argues that while countries like Germany and Austria have stringent laws criminalizing Holocaust denial, jurisdictions like the U.S. and U.K. rely on civil remedies, which may be insufficient. The analysis advocates for adopting legal measures that balance free speech with the protection of historical truth and human dignity.