Public Law and Legal Theory Commons^™

Board Of Pharmacy, Anna Schwartz, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

New Innovation Models In Medical Ai, Nicholson Price Ii, Rachel Sachs, Rebecca S. Eisenberg

Law & Economics Working Papers

In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those which resemble traditional medical devices in their functions—have received substantial attention in the legal and policy literature. But other types of novel AI technologies, such as those that relate to quality improvement and optimizing use of scarce facilities, have been largely absent from the discussion thus far. These AI innovations have the potential to shed light on important aspects of health innovation policy. First, these AI innovations interact less with the legal regimes that scholars traditionally conceive of …

The Role Of The French Council In Absolving The Liability Of The State For Its Laws.", Walid Mohammed Abbas

UAEU Law Journal

The legislation process of the most important work entrusted to legally delegated because of their direct impact on the interests of the citizens, and all walks of life in the state, the legislature pass a law damages the particular individual or specific individuals in the community, do they may go to court to claim compensation for damages afflicted as a result of the work of the legislature? In fact, the legislature when it puts the legal rules that lead to the organization of society carries on business sovereign, and therefore it is unacceptable accountability, and the elimination of the work …

An Fsoc For Continuous Public Investment: The National Reconstruction And Development Council, Robert Hockett

Michigan Business & Entrepreneurial Law Review

The crisis our nation presently faces does not stem from COVID-19 alone. That was the match. The kindling was that we have forgotten for decades that “national development” both (a) is perpetual, and (b) requires national action to guide it, facilitate it, and keep it inclusive.

Hamilton and Gallatin, Wilson and Hoover and Roosevelt all understood this and built institutions to operationalize it. Although the institutions were imperfectly operated, they were soundly conceived and designed. Abandoning these truths and institutions these past fifty years has degenerated not only our public health but also our nation’s industrial and infrastructural muscle to …

The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown

Michigan Journal of Race and Law

Note: Narrative storytelling is a staple of legal jurisprudence. The Case of the Speluncean Explorers by Lon Fuller and The Space Traders by Derrick Bell are two of the most well-known and celebrated legal stories. The Soul Savers parable that follows pays tribute to Professor Bell’s prescient, apocalyptic racial tale. Professor Bell, a founding member of Critical Race Theory, wrote The Space Traders to instigate discussions about America’s deeply rooted entanglements with race and racism. The Soul Savers is offered as an attempt to follow in Professor Bell’s narrative footsteps by raising and pondering new and old frameworks about the …

Anti-Modalities, David E. Pozen, Adam M. Samaha

Michigan Law Review

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters—the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the “anti-modalities” of …

The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Singapore's unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiffs intent was vitiated. This vitiation of intent is expressed as an 'unjust factor'. While certain 'unjust factors' are regarded …

Implementing Judicial Rulings Issued Against The Administrative Authority In The Kingdom Of Saudi Arabia In Light Of Islamic Law And Positive Law, Dr. Sameh Abdullah Mohammed

UAEU Law Journal

The Justice is the way of human beings to happiness, tranquility and safety, the individuals turn to judicature to exclude the injustice that sometimes may happens to them by the administration, and may go on the case of what is said that access to the ruling and then implementation is the last step in a long dispute between individuals and management before the judiciary, Individuals in the end execute the judgment. The purpose of the research is to clarify the means that the administration can use to prevent the execution of the judgments issued against it, to identify the reasons …

Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey

Law & Economics Working Papers

What does the Constitution mean when it says that “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States” (US Const. Article I, Section 8, Clause 1)? The definition of “tax” for constitutional purposes has become important in light of the Supreme Court’s 2012 decision in NFIB v. Sebelius, in which Chief Justice Roberts for the Court upheld the constitutionality of the individual mandate of the Affordable Care Act under the taxing power. This has led to commentators questioning …

A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar

DePaul Journal for Social Justice

No abstract provided.

A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young

DePaul Journal for Social Justice

No abstract provided.

The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak

DePaul Journal for Social Justice

No abstract provided.

An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii

DePaul Journal for Social Justice

No abstract provided.

Letters To The Readers, Members Of The Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

The Failure Of Imagination: A Theoretical And Pragmatic Analysis Of Utopianism As An Orientation For Human Life, Maverick Edwards

Liberty University Journal of Statesmanship & Public Policy

Utopian theorists have long attempted to imagine “perfect” frameworks for human life. From Plato’s description of the ideal, state-centric society in the “Laws”, to Murray Rothbard’s anarcho-capitalist society, theorists have created a myriad of solutions they believe will fix most, if not all, human dilemmas. In analyzing these utopian projects from pragmatic and theoretical perspectives, this paper will argue that utopias are a failed project. Pragmatically, the development of utopia has a long and consistent track record of failure. Even the “successes” of utopian thought are under scrutiny, as they ultimately collapsed. Theoretically, the conceptualization of “perfection” entails unimaginable risk. …

“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer

Washington Law Review Online

For a century, Washington State Supreme Court opinions periodically have intoned that the body will not invalidate a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This odd declaration invokes an evidentiary standard of proof as a rule of decision for a legal question of constitutionality, and it confuses practitioners and the public alike. “Unconstitutional beyond a reasonable doubt” is not peculiar to Washington State. Indeed, it began appearing in state court decisions in the early nineteenth century and, rarely, in opinions of the United States Supreme Court. But the use of the phrase rapidly increased …

Offenders And Sorn Laws, Amanda Agan, J.J. Prescott

Book Chapters

Chapter 7 describes what we know about the effects of SORN laws on criminal behavior. A coherent story emerges from this review: there is virtually no evidence that SORN laws reduce recidivism or otherwise increase public safety. The chapter first delineates the various ways registration and notification alter the legal environment not only for registrants but also for nonregistrants, the public, and law enforcement. There are many channels through which SORN laws might impact the frequency of sex offenses, including some that would produce an increase in overall offending. The chapter assesses these possibilities in light of a large body …

A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need, Nicholas G. Miller

University of Florida Journal of Law & Public Policy

No abstract provided.

When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin

Michigan Journal of Race and Law

Michigan Technology Law Review is proud to partner with our peers to publish this essay by Professor Jessica Eaglin on the intertwining social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.

A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy

Michigan Journal of International Law

Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and …

Pay For Play In College Athletics: Why Cost Of Attendance?, Danielle Day

University of Florida Journal of Law & Public Policy

No abstract provided.

Fiscal Geography, Eric A. San Juan

University of Florida Journal of Law & Public Policy

No abstract provided.

The Legitimacy And Limits Of Punishing "Bad Samaritans", Luke William Hunt

University of Florida Journal of Law & Public Policy

No abstract provided.

The Future Of Statutory Caps On Noneconomic Damages In Florida Medical Malpractice Actions: Constitutional Or Not?, Allison Mangan

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Skepticism And Local Facts, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

Are written constitutions evil? In his new book, Constitutional Idolatry and Democracy, Brian Christoper Jones argues that they are. He claims that written constitutions fail to unite societies, degrade democratic engagement, and obstruct necessary constitutional maintenance. This review of his book argues that he is mostly right about the effects of the American Constitution, but that the effects of other constitutions will vary depending upon local facts.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents and Special Thanks.

Will The "Legal Singularity" Hollow Out Law's Normative Core?, Robert F. Weber

Michigan Technology Law Review

This Article undertakes a critical examination of the unintended consequences for the legal system if we arrive at the futurist dream of a legal singularity—the moment when predictive, mass-data technologies evolve to create a perfectly predictable, algorithmically-expressed legal system bereft of all legal uncertainty. It argues that although the singularity would surely enhance the efficiency of the legal system in a narrow sense, it would also undermine the rule of law, a bedrock institution of any liberal legal order and a key source of the legal system’s legitimacy. It would do so by dissolving the normative content of the two …

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …