Law and Politics Commons^™

Shaping Preferences With Pigouvian Taxes, Gary M. Lucas Jr.

Faculty Scholarship

A Pigouvian tax is a tax that is imposed to correct an externality, which arises when a person engages in behavior that harms others without their consent. Pigouvian taxes are popular among academics—with prominent economists and legal scholars arguing for their imposition on myriad goods and activities that harm third parties, like carbon emissions and alcohol. Policymakers have recently been receptive to at least some of these arguments as evidenced by taxes imposed on or proposed for a variety of externality-generating goods, including guns, plastic bags, and sugary drinks.

The conventional economic rationale for Pigouvian taxes assumes that they affect …

Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …

With Fear, Favor, And Flawed Analysis: Decision-Making In The U.S, Immigration Courts, Karen Musalo, Anna O. Law, Annie P. Daher, Katharine Donato, Chelsea Meinders

Publications and Research

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are par- ticularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in …

Personhood, Politics, Assisted Reproduction, And The Law Post-Dobbs, Myrisha S. Lewis

Pace Law Review

With the end of the federal constitutional right to abortion, state legislatures and state courts have become far more important in the sphere of reproductive rights. Before Dobbs, anti-abortion advocates had significant (albeit increasingly porous) ceilings on what they could prohibit in relation to reproductive health care. A significant check on those actions is now gone.

In the wake of Dobbs, societal debates about personhood have increased and expanded in terms of their practical implications. Before Dobbs, anti-abortion advocates admitted that Roe and subsequent cases limited the scope of their arguments, especially in relation to the legality …

The Good Officer: President Trump, General Milley, And The “Necessity” Of Constitutional Fidelity, John C. Dehn

Brooklyn Law Review

Actions taken by General Mark Milley, the former Chairman of the Joint Chiefs of Staff, to prevent an abuse of presidential power during the waning days of the Trump administration prompted a range of reactions and concerns. This Article leverages these events to explore the circumstances under which a member of the armed forces or senior executive branch official may have a moral or legal right or duty to disobey presidential orders or authorizations that entail a clear violation of the Constitution or federal laws, or that abuse lawful authorities in ways that would subvert the Constitution’s text or vital …

Liberty And Equality Under The First Amendment: Scrutinizing Book Bans Through An Equal Protection Framework, Sarah Ryan

Brooklyn Law Review

While the constitutional text refers only to liberty, equality has been recognized as an implicit principle of the First Amendment. The guarantee of free speech ensures an equal opportunity for every voice to be heard. As school book bans proliferate, the consistent targeting of titles containing themes of race or LGBTQIA+ identity reveals a discriminatory motivation on the part of state actors. The resultant infringement on students’ right to receive information, as well as the unequal treatment of particularly-themed content would seemingly run afoul of both the First Amendment and the Equal Protection Clause. Given the broad discretion granted to …

The Politics Of Constitutional Dignity Jurisprudence, Daniel Haefke

Brooklyn Law Review

This Article traces the politics of (human) dignity in US constitutional law. It reveals that the notion has undergone a conservative shift, which has resulted from Supreme Court Justices increasingly unleashing dignity’s dormant conservative potential. Legal scholars arguing for prominently including the notion in constitutional jurisprudence reflect the belief that adopting the language of dignity would push the Supreme Court to be more sensitive to progressive political demands. This progressive constitutional dignity optimism is historically plausible yet conceptually misguided. It is historically plausible considering the legacy of constitutional dignity in previous opinions of the Court. As the Article expounds, the …

Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie

Northwestern University Law Review

This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …

Introduction Corporate Governance At Work, Claire Hill, Silvie Rohr

Chicago-Kent Law Review

No abstract provided.

Lawyers’ And Law Professors’ Experience With Worker Governance, Brett Mcdonnell

Chicago-Kent Law Review

No abstract provided.

Making Racial Equity Audits Effective, Alvin Velazquez

Chicago-Kent Law Review

No abstract provided.

Interview With David Webber: Reflections On The Past, Present, And Future Of Labor’S Capital, David Webber, Alvin Velazquez

Chicago-Kent Law Review

No abstract provided.

Women And Corporate Governance: Time Horizons And Stakeholder Analysis, June Carbone

Chicago-Kent Law Review

No abstract provided.

Keynote Lecture: Thoughts On Corporate Law And The Problem Of Human Capital, Margaret Blair

Chicago-Kent Law Review

No abstract provided.

Corporate Governance For Platform Workers, Grant M. Hayden, Matthew T. Bodie

Chicago-Kent Law Review

No abstract provided.

Labor Law, Ownership, And The Firm, Sanjukta Paul

Chicago-Kent Law Review

No abstract provided.

Corporate Purpose: A Management Concept And The Role Of Contract Design, Silvie Rohr

Chicago-Kent Law Review

No abstract provided.

The Rhetoric And Reality Of Shareholder Profit Maximization, Claire Hill

Chicago-Kent Law Review

No abstract provided.

Worker Voice In Retirement Plan Governance, Natalya Shnitser

Chicago-Kent Law Review

No abstract provided.

The Human Capital Imperative: How Does Board Governance Need To Evolve?, Mallory Bucher

Chicago-Kent Law Review

No abstract provided.

Reflections On Corporate Governance At Work, Claire Hill

Chicago-Kent Law Review

No abstract provided.

A Threshold Test For Fed Activism, John Crawford

William & Mary Business Law Review

Recent years have witnessed robust academic and policy debates about the scope of issues the U.S. central bank, the Federal Reserve (the Fed), should attempt to tackle. Some propose expanding the Fed’s remit to help address societal problems like racial inequality and climate change, either through a broader interpretation of the Fed’s current mandate, or through new legislation explicitly delegating new responsibilities to the Fed. Others argue that the Fed should “stay in its lane,” with a particular focus on ensuring democratic accountability and a tighter fit between what the Fed does and what it is statutorily authorized to do. …

Democracy On The Brink, Down But Not Defeated, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

This essay assesses the current state of governance and is premised on the notion that distrust, anger, and discontent in our legal system represent a threat to the whole of the regulatory state and voting, the preeminent engines of democracy. The decline in trust in government is attributable in meaningful part to the prevalence of lies and false narratives that, if believed, will undermine government at every level. While various recent actions of Congress and certain Supreme Court cases have the potential to further dilute confidence in governance, they are not the focal point of this essay. It is disinformation …

Affirmative Action’S Asian American Problem, Huyen Pham, Joseph Thai

Faculty Scholarship

Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle affirmative action; liberals either denied this discrimination existed or tolerated it as an acceptable cost of helping other minority applicants. But largely unacknowledged is the precipitating history of the Supreme Court’s marginalization of Asian American applicants and its decades of tacit approval of their exclusion from affirmative action programs. This unwritten …

Reconstructing Citizenship, Jenny E. Carroll, James Jeter

Faculty Scholarship

In our republican democracy, voting is a central right of citizenship. Yet millions of voters are routinely disenfranchised as a result of convictions or because their carceral status creates barriers to voting. In the past decade, academic scholarship has focused on the impact of disenfranchisement based on conviction. This work has mapped the legal and social implications of policies that deny voting rights to over five million otherwise eligible voters nationwide. Yet this work has some gaps. First, by focusing solely on conviction-based disenfranchisement, the existing scholarship has largely ignored fatal barriers to voting created (and at times perpetuated) by …

Changemaker: Maureen Wagner Vinson: Juris Doctor: Bringing Election Law To Students 10-31-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle

Tennessee Journal of Law and Policy

No abstract provided.

Shifting Towards Boilerplate Regulation, Wayne R. Barnes

University of Miami Law Review

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

Selected Indiana Government Statistical Agencies And Their Data, Bert Chapman

Libraries Faculty and Staff Presentations

Provides coverage of Indiana state government agencies statistics and selected Tippecanoe County, Indiana local government statistical publications. Presentation describes state agencies such as the Indiana Departments of Agriculture, Education, Health, Local Government Finance, and State Budget Agency. Examples of historical and current data are presented.

Reverse Discrimination: An Opportunity To Modernize And Improve Employment Discrimination Law, William R. Corbett

University of Miami Law Review

The issue of how to prove discrimination in reverse discrimination cases has produced a division in the circuits and some strongly worded opinions about discriminatory discrimination law. The courts begin with the three-stage proof framework developed by the Supreme Court in 1973 in McDonnell Douglas Corp. v. Green, 411 U.S. 792. Some courts adjust the prima facie case, the first stage of the analysis, by requiring a reverse discrimination plaintiff to prove background circumstances that justify the inference that the defendant discriminates in a way that is not consistent with historical patterns of discrimination. Other courts reject the background …