Law Commons^™

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UC Law Constitutional Quarterly

No abstract provided.

Burning Down The House: How Libertarian Philosophy Was Corrupted By Delusion And Greed (Book Review), Julie Tedjeske Crane

Faculty Scholarly Works

No abstract provided.

Interagency Dynamics In Matters Of Health And Immigration, Medha D. Makhlouf

Faculty Scholarly Works

When Congress delegates authority to an executive agency, it tells us something important about the expertise that Congress wishes to harness in policymaking on an issue. In the legal literature on interagency dynamics and cooperation, issues at the nexus of health and immigration are largely understudied. This Article extends this literature by examining how delegations of authority on issues at the intersection of health and immigration influence policymaking. In an analysis of how administrative law models apply to three topics in the shared regulatory space of the Department of Health and Human Services (“HHS”) and the Department of Homeland Security …

Using Communities Of Practice In The Legal Writing Classroom To Facilitate Professional Identity Formation, Amy R. Stein

Hofstra Law Faculty Scholarship

No abstract provided.

Built For Business: The Commercial Need For Aggregate Litigation, Jack Zarin-Rosenfeld

Hofstra Law Faculty Scholarship

Commercial actors long have argued that class actions are bad for business. But for even longer, business groups have supported other types of aggregate litigation that closely resemble class actions, such as expansive federal bankruptcy. While critics have successfully limited national aggregation via class actions, they have not even attempted to criticize aggregation via bankruptcy.

Why have business groups attacked aggregate litigation in some cases and supported it in others? This Article provides an answer by examining aggregation's origins and development, and what emerges, it turns out, is very much the opposite of what aggregation's pro-business critics would have us …

Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson

Hofstra Law Faculty Scholarship

Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …

From Smallpox To Covid-19: Social And Legal Responses To Vaccinations And Vaccine Mandates, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Religious Freedom And The Business Corporation, Ronald J. Colombo

Hofstra Law Faculty Scholarship

This book chapter examines the issue of corporate religious liberty in four parts. Part 1 provides a brief overview of the history of the business corporation in the United States, with a focus on conceptualisations of its nature. Part 2 discusses religious liberty jurisprudence in the United States in general, and Part 3 discusses corporate assertions of religious liberty in particular. Part 4 points out the cognitive dissonance of a society that simultaneously embraces a robust understanding of corporate social responsibility yet an enervated appreciation of corporate religious liberty rights.

Water Bankruptcy Through The Bankruptcy Code, Jack Zarin-Rosenfeld

Hofstra Law Faculty Scholarship

Water scarcity due to climate change is forcing the state and local government agencies that regulate water use to prioritize certain water uses and users above others. Water agencies could just stand pat and enforce existing priorities, even if doing so would cut off valuable collective uses of water that are lower in priority than uses by narrow private interests. Alternatively, the agencies could try to adapt water priorities to climate change by reducing water obligations owed to certain groups of users in order to free up water supplies for other groups of users, even if doing so would trigger …

Expanded Criminal Defense Lawyering, Ronald Wright, Jenny Roberts

Hofstra Law Faculty Scholarship

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney's work have expanded to …

Feedback Loops: E-D-I-T (Continued), Patrick Barry

Articles

In the "Feedback Loops" column back in March, we introduced the "E-D-I-T" framework:

• Find something to Eliminate
• Find something to Decrease
• Find something to Increase
• Find something to Try

This new column will discuss each category more in depth.

Individual Mobility And The Corporate Tax, Reuven S. Avi-Yonah

Articles

The COVID-19 pandemic greatly increased the ability of individuals to move to their preferred location on the globe and continue to work remotely. This phenomenon has significant implications for individual income taxation because if they are U.S. citizens, these individuals are subject to two global residence-based tax regimes.

Informationalism Beyond Managerialism, Salome Viljoen

Articles

It is now commonplace to observe that digital platforms are both affecting and reshaping markets. The focus of this Article is not the anticompetitive effects of digital platforms upon the markets they enter. It instead focuses on digital platforms themselves as market mechanisms. Information—especially datafied information about people and their behavior—and information technologies have transformed how many markets function in the digital economy. Markets have become market machines: highly engineered and computationally intensive market-like mechanisms that make up a key layer of technological infrastructure within digital platforms.

Laid To Rust: Proposing Strict Liability In Tort For Prop Firearm Injuries Following The Alec Baldwin Shooting, Mark Edward Blankenship Jr., Joseph A. Ott

Nevada Law Journal Forum

Prop gun safety standards are often a mixed bag. “Despite some industry reforms following previous tragedies, the federal workplace safety agency in the U.S. is silent on the issue of on-set gun safety.” Some states follow film labor union and movie studio guidelines. Other states have regulations on pyrotechnic devices, but not on prop guns. Thus, states should consider what successful legal course of action a wrongfully deceased heir can bring in the event that no criminal charges can be filed. This article proposes that the best regulatory approach and tort liability course of action is through (1) treating prop …

Copyright Co-Ownership In Uncertain Times: How Security Interests Can Save The Day, Evie Whiting, Ashleigh Stanley

Vanderbilt Journal of Entertainment & Technology Law

Films and television series are increasingly being created undera co-production model, making copyright co-ownership a common occurrence in the world of Hollywood content creation. So long as each co-owner’s rights are pre-negotiated and specifically delineated in their contracts, the co-owners can rest assured that their rights to the project and any potential derivative works are safe. Or can they?

In the modern entertainment landscape, where tentpole programming and related spinoffs and derivatives are the gold standard of content creation, the proper protection of co-owned copyrights is more important than ever. But tenuous financial outlooks pose a looming, existential threat to …

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

Table of contents

Entire Issue Vol. 16 No. 28

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson

St. Mary's Law Journal

No abstract provided.

Beliefs And Probabilities: The Errors That Remain Are Mine Alone, Kevin M. Clermont

Cornell Law Faculty Publications

Imagine that the preface to a professor’s book implicitly asserts that all the propositions in the rest of his or her book are true, but explicitly acknowledges that experience would suggest some errors remain among those propositions. The prof thereby seems paradoxically to believe inconsistent statements. But in fact this famous preface paradox is an illusion. The first statement is a belief reflecting epistemic uncertainty, while the second is a probabilistic statement about aleatory uncertainty. If one were to convert the probability into a belief, one would see that the author rationally holds perfectly consistent beliefs.

Likewise the lottery paradox …

Promoting Sustainable Public Procurement Through Economic Policy Tools: From Moral Suasion To Nudging, Desiree Klingler, Steven L. Schooner

GW Law Faculty Publications & Other Works

As the climate crisis accelerates and governments aspire to achieve more circular economies, this article encourages experimentation with innovative, interdisciplinary, and sustainable approaches that exploit governments’ enormous spending power. Rather than waiting for legislative or regulatory changes, the article advocates driving sustainable public procurement (SPP) through efficient and available behavioral-economics-inspired “green defaults,” nudging, persuading procurement officials, and, more broadly, rethinking the value proposition when confronted with price premiums.

Data Is What Data Does: Regulating Use, Harm, And Risk Instead Of Sensitive Data, Daniel J. Solove

GW Law Faculty Publications & Other Works

Heightened protection for sensitive data is becoming quite trendy in privacy laws around the world. Originating in European Union (EU) data protection law and included in the EU’s General Data Protection Regulation (GDPR), sensitive data singles out certain categories of personal data for extra protection. Commonly recognized special categories of sensitive data include racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual orientation and sex life, biometric data, and genetic data.

Although heightened protection for sensitive data appropriately recognizes that not all situations involving personal data should be protected uniformly, the sensitive data approach …

A New Acquisition Model For The Next Disaster: Overcoming Disaster Federalism Issues Through Effective Utilization Of The Strategic National Stockpile, Robert B. Handfield, Andrea S. Potrucco, Zhaohui Wu, Christopher R. Yukins, Tanner Slaughter

GW Law Faculty Publications & Other Works

Using primary data collected from interviews with federal and state government officials and secondary data related to PPE distribution and state healthcare statistics, we discovered evidence that the use of the Strategic National Stockpile (SNS) to distribute personal protective equipment to state and local agencies in need during the height of COVID-19 was indeed poorly designed to cope with the COVID-19 emergency, leaving many states with shortages of badly needed medical supplies. As a result, many states struggled to organize an uncoordinated procurement response – which we suggest is due to federalism issues. To overcome federalism challenges and increase future …

Faculty List

Missouri Law Review

No abstract provided.

Gubernatorial Influence In Merit-Based Judicial Selection: Kansas, Missouri, And Colorado, 2012–2021, Zachary Reger

Missouri Law Review

Many states use systems of merit-based judicial selection for supreme court appointments. Under “merit selection,” an independent commission screens judicial candidates before the governor makes a final appointment. Proponents of these systems claim that by limiting gubernatorial influence over the selection process, merit selection protects judicial independence from partisan intrusion. This study evaluates such claims by comparing the recent ideological voting behavior of judges appointed by Republican and Democratic governors in three states. Those states, Kansas, Missouri, and Colorado, use three different types of merit selection—bar-controlled, hybrid, and governor-controlled, respectively—that grant the governor varying degrees of influence over the judicial …

All Aboard? Missouri Statute Risks Failing To Protect Consumers From Hidden Fees And Deceptive Practices Of Prominent Companies, Ethan E. Schroeder

Missouri Law Review

At some point, every consumer has bought something and then found themselves surprised by the hidden fees and countless documents that must be signed as part of the purchase. It may even lead to some level of buyer’s remorse. However, it is not often that buyer’s remorse gives rise to a class action lawsuit brought by over 100,000 consumers against an affiliate of one of Missouri’s largest private corporations. Consumers, such as Robert and Janet McKeage, are often forced to choose between holding retailers accountable for their deceitful practices or paying increased transaction costs when dealing with Missouri retailers. With …

An Empirical Study Of The Nation's First Court Animal Advocate Law, Jessica Rubin, Tara Cooley

Faculty Articles and Papers

No abstract provided.

How Patents Became Politics, Steven Wilf

Faculty Articles and Papers

Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for Open Source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a little-known …

Is Wide-Area Persistent Surveillance By State And Local Governments Constitutional?, Joseph Lake

CGU Theses & Dissertations

This dissertation addresses the following question: “Can wide-area persistent surveillance (WAPS) developed by the United States military and employed abroad as a tool in the Global War on Terror be employed domestically as a law enforcement tool without violating the US Constitution’s Fourth Amendment?” The most likely and controversial application of WAPS by state and local governments is for law enforcement. Aircraft will loiter over a city persistently taking high-definition photographs to capture locations of unidentified persons with the intent to identify persons and areas of interest for criminal investigations. Based on the Flyover Cases, aerial surveillance has few constitutional …

Consumer Uncertainty In Trademark Law: An Experimental Investigation, Barton Beebe, Roy Germano, Christopher Jon Sprigman, Joel H. Steckel

Emory Law Journal

Nearly every important issue in trademark litigation turns on the question of what consumers in the marketplace believe to be true. To address this question, litigants frequently present consumer survey evidence, which can play a decisive role in driving the outcomes of trademark disputes. But trademark survey evidence has often proven to be highly controversial, not least because it has sometimes been perceived as open to expert manipulation. In this Article, we identify and present empirical evidence of a fundamental problem with trademark survey evidence: while the leading survey formats in trademark law test for whether consumers hold a particular …

Virtually Inaccessible: Resolving Ada Title Iii Standing In Click-And-Mortar Cases, Saxon S. Kagume

Emory Law Journal

As the electronic age has taken hold of the global community, and digital devices have become the mainstay of human interaction, new accessibility barriers have emerged for people with disabilities. Although most courts now conclude virtual inaccessibility is an injury cognizable under Title III of the Americans with Disabilities Act, great ambiguity surrounds the injury-in-fact requirement of Article III standing in online accessibility cases. Despite pleading for elucidation and clarifying principles, federal district courts have been left to navigate the uncharted territory of the digital injury-in-fact inquiry with exiguous guidance from higher courts. The resultant confusion in the federal courts …