Law Commons^™

A Blast From The Pfast: Forever Chemicals Coming Back To Haunt Us And How International Regulatory Schemes Can Supplement United States Law, Mackenzie Pensyl

Akron Law Student Publications

No abstract provided.

Half American, Half Amazing: A Review Of Half American By Matthew F. Delmont And An Exploration Of Executive Action During World War Ii And Its Impact On Black Soldiers, Ainslee Johnson-Brown

Akron Law Student Publications

This essay reviews Matthew F. Delmont’s new book, Half American: The Epic Story of African Americans Fighting World War II at Home and Abroad (2022). The book enriches the ongoing scholarship related to critical race theory and the effects of executive action on the lived experience of Black Americans. Delmont presents a well-woven narrative of the experience of Black American soldiers during World War II. Pieced together from letters, court documents, and articles published during the war, this book sheds light on accounts previously buried beneath a shield of trauma, frustration, and disbelief.

Selections From The Civil Right To Keep And Bear Arms: Federal And Missouri Perspectives (2023 Edition), Royce De R. Barondes

Faculty Publications

This work contains two chapters from a longer work titled The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition). The included chapters address two subjects. First, the chapters address application to select circumstances of the principles adopted in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Those include (i) non-temporary governmental seizure or retention of individual arms (in contrast to a ban on all a subject's firearms possession and seizures in Terry stops); (ii) changes in Federal regulation mandating indefinite records retention by dealers; (iii) disabilities arising from …

The Shape Of Consumer Contracts, Andrea Boyack

Faculty Publications

Modern consumer contracts are the bane of contract law and theory. Freedom of contract justifications are premised on party autonomy and transactional efficiency, but theories justifying contract enforcement fail to explain why the law should treat company-crafted terms as presumptively binding on consumers. Consumer protection advocates point out that lower thresholds for manifesting assent endorsed by the recent Restatement of the Law of Consumer Contracts may result in consumers being bound to terms of which they were reasonably unaware. Other scholars point out that mere knowledge of company terms and conditions does almost nothing to protect consumers in any case …

Escaping Arbitration And Class Action Waivers For Harassment Because Of Pregnancy, Sexual Orientation Or Gender Identity, Sandra F. Sperino

Faculty Publications

In 2022, Congress amended the Federal Arbitration Act (FAA) through the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This amendment is being abbreviated to a rather clumsy acronym: EFASASHA. EFASASHA allows a person alleging sexual harassment or sexual assault to invalidate certain arbitration agreements and joint-action waivers. Congress passed the Act in response to testimony in which workers alleged that serial sexual harassment and assault continued because workers' claims were forced into private arbitration and could not be publicly adjudicated.

This Essay argues that the language that Congress used in EFASASHA is much broader than its title …

Impact Assessment In The Ring Of Fire: Contested Authorities, Competing Visions And A Clash Of Legal Orders, Dayna Nadine Scott

Commissioned Reports, Studies and Public Policy Documents

In 2007, a significant mineral deposit dubbed the “Ring of Fire” was discovered in the boreal peatlands in Treaty No.9 territory in the far north of Ontario. The original project proposal submitted to the Canadian Environmental Assessment Agency was for a chromite mine and an associated infrastructure corridor to connect the remote location to the provincial high-way system. As years went by without progress on the regulatory approvals, the proponent sold its claims at a loss. In the period that followed, Ontario negotiated with the Matawa First Nations (the nine most proximate First Nations) who were, as a united block, …

Voting Rights In Corporate Governance: History And Political Economy, Sarah Haan

Faculty Scholarship

No abstract provided.

Success Stories In Community Courts: Listening To Participants' Voices, Hadar Dancig-Rosenberg, Tali Gal

Cardozo Journal of Conflict Resolution

No abstract provided.

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Cardozo Journal of Conflict Resolution

No abstract provided.

How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora

Cardozo Journal of Conflict Resolution

The original and admittedly provocative title for this essay was "How to Take Down a State in 120 days" and the original November 2022, 20-minute presentation at Cardozo Law School was so titled. The intention behind the provocations was to demonstrate the speed of growing investment in and multi-disciplinary nature of the current hybrid war threat. We have not yet witnessed many state takedowns through this form of warfare; but we have seen states significantly undermined and captured in timelines almost as aggressive as the title suggests. We have seen authoritarian states and criminal organizations significantly weaken more vulnerable states, …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

University Of South Carolina School Of Law Children's Law Concentration Graduation Breakfast Program, May 4, 2023, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina School Of Law Commencement Program, May 5, 2023, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina School Of Law 3l Awards And Order Of The Coif Program, May 4, 2023, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Original Public Meaning, Lawrence B. Solum

Faculty Scholarship

“Original public meaning” has become increasingly important in constitutional discourse. This Article investigates the nature of original public meaning in three steps. First, each word in the phrase “original public meaning” is explicated and clarified. The word “original” represents the idea that the meaning of the constitutional text is fixed at the time each provision is framed and ratified. The word “public” signifies that the relevant meaning is ordinary meaning, the understanding of the text conveyed to the public at the time each provision was framed and ratified. The word “meaning” refers to the set of ideas (concepts and propositions) …

The Failure Of Market Efficiency, William Magnuson

Faculty Scholarship

Recent years have witnessed the near total triumph of market efficiency as a regulatory goal. Policymakers regularly proclaim their devotion to ensuring efficient capital markets. Courts use market efficiency as a guiding light for crafting legal doctrine. And scholars have explored in great depth the mechanisms of market efficiency and the role of law in promoting it. There is strong evidence that, at least on some metrics, our capital markets are indeed more efficient than they have ever been. But the pursuit of efficiency has come at a cost. By focusing our attention narrowly on economic efficiency concerns—such as competition, …

The Environmental Democracy That Was, Then Wasn't, But Could Be Again, Daniel E. Walters

Faculty Scholarship

Over the 50 years since former EPA Administrator William D. Ruckelshaus wrote The Citizen and the Environmental Regulatory Process, much has changed. On the one hand, participation in environmental regulatory decisionmaking has flourished, but on the other, Ruckelshaus's prediction of growing consensus around the environmental movement has proven illusory. In this short essay reflecting on participation in environmental regulatory decisionmaking, I highlight what Ruckelshaus was right about and, just as importantly, where his vision of environmental participatory governance might need some updating. Looking back at the dawn of environmental democracy in the regulatory process and comparing it to the …

Cultivating Sense: Cultural Change In The Prosecutor's Office, Shih-Chun Steven Chien

Scholarly Works

Prosecutors exercise broad discretion. They are widely viewed as the gatekeepers of the criminal justice system. To date, studies on prosecutors in different jurisdictions have largely focused on how to conceptualize, manage, and eventually control the exercise of prosecutorial discretion. Scholars have recently turned their attention to the importance of internal organizational management and leadership's role in changing office culture as a means to regulate prosecutorial discretion. But we have limited empirical evidence as to how changes occur within a prosecutor's office and what precise role organizational leaders play during this process.

This Article constructs a new paradigm for the …

Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones

Scholarly Works

This Article proposes expanding the legal academy's role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature's discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this …

The Color Of Equity: Observations Of A Brown Buffalo On Indigenous Water Rights, Japanese Internment, And The Socio-Legal History Of The Colorado River, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii

Scholarly Works

No abstract provided.

What Is The Territorial Scope Of The Lanham Act?, Marketa Trimble

Scholarly Works

Since Steele v. Bulova Watch Co., 344 U.S. 280 (1952), the Supreme Court has not addressed the territorial scope of the Lanham Act. Abitron Austria GmbH v. Hetronic International, Inc. is an opportunity for the Court to clarify how its RJR Nabisco extraterritoriality framework applies to the Lanham Act, whether and how current circuit court tests fit into the framework, and whether any of the tests should apply in the second step of the framework.

Community Accountability, M. Eve Hanan, Lydia Nussbaum

Scholarly Works

This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …

Ethics For Real Estate Lawyers Today, John G. Cameron Jr., Nancy B. Rapoport

Scholarly Works

This essay discusses various ethics issues that real estate lawyers experience: everything from new ABA Model Rule 8.4(g) (avoiding discrimination) to rules that apply when a lawyer works from home to technological competence and social media to the attorney-client privilege and to advance conflicts waivers. There is also a social science overlay that discusses why smart people do dumb things.

Limiting Overall Hospital Costs By Capping Out-Of-Network Rates, David Orentlicher, Kyra Morgan, Barak Richman

Scholarly Works

Contract theory offers a simple and wildly effective solution to surprise bills: Hospital admissions contracts are contracts with open price terms, which contract law imputes with market rates. This solution not only obviated the costly, time-consuming, and complicated (and still unimplemented) legislative fix in the No Surprises Act, but it also is a superior solution since it introduces superior incentives to disclose, compete, and economize.

Using data from the Nevada Department of Health and Turquoise Health, this paper explores the theory and empirics of employing contract law's solution to hospital surprise bills and its superiority over other legislative interventions.

Fighting For Water Equity In The West: Whose Water Is It Anyway?, Joseph Regalia

Scholarly Works

No abstract provided.

Clients And Lawyers Unite: The Dysfunction Of Law Firm Teams Need A Cure, Joseph Regalia, David Wallace

Scholarly Works

Attorneys and clients have made clear: Dysfunctional law firm teams are not working. Gone are the days when lawyers had to quietly endure poor management, poor planning, and all-around poor work dynamics. Growing pressure on lawyers to get more efficient and produce more value—and a welcome focus on lawyer wellbeing—means that law firms can no longer ignore their responsibility to cultivate better workplaces.

It is no secret that law firm lawyers consistently rank as among the least happy workers in the world. And team dynamics—how attorneys and other legal professionals work together—may be a bigger piece of that puzzle than …

Pandémie Et Travail De Plateforme: Réglementation Du « Lieu De Travail » Après Le Covid-19 Aux Usa [The Gig And The Platform: Regulating The “Workplace” After The Pandemic], Ruben J. Garcia

Scholarly Works

No abstract provided.

Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan

Scholarly Works

Part I outlines the many ways that corporate employers fail in racial equity efforts and the barriers that have been put into place to keep BIPOC workers from succeeding. Drawing from industrial organizational psychology and sociology, I identify six distinct challenges that must be remedied or ameliorated in order for BIPOC to achieve pay equity in the corporate climate. Part II identifies and analyzes the decades of litigation and class action settlements that have tried and failed to address the persistent lack of BIPOC representation in the financial industry. I categorize these cases into three waves of litigation intended to …

Work Hierarchies And Social Control Of Laborers, Nantiya Ruan

Scholarly Works

Some labor dynamics transcend place and time: workers provide the labor; management oversees the work; owners capitalize on the fruits of that labor. This hierarchy repeats across nations, industries, and eras. The actors in these stories have set roles and a particular stage to act upon. We are familiar with a narrative wherein the worker is forced to toil under extreme conditions, the manager motivates the worker to produce faster and more, and the owner reaps the rewards. And we usually know where our sympathies lie.

Professor McMurtry-Chubb's latest book, Race Unequals: Overseer Contracts, White Masculinities, and the Formation of …