Law Commons^™

Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross

Student Works

No abstract provided.

Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson

Student Works

No abstract provided.

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Hastings Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

Hastings Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …

Hiding In Plain Sight: An Ilo Convention On Labor Standards In Global Supply Chains, James J. Brudney

Chicago Journal of International Law

This Article proposes a solution to the primary challenge currently confronting governments, employers, and workers under international labor law: how to promote and protect decent labor conditions in global supply chains (GSCs).

The Article begins by summarizing why existing public law and private law approaches have failed to meet this challenge over several decades. It describes the shortcomings of law and practice in developing countries as well as the weakness of corporate social responsibility (CSR), including the most ambitious version of CSR, the U.N. Guiding Principles on Business and Human Rights. It then analyzes the problems with recent national laws …

Discursive Constitutionalism, Ngoc Son Bui

Chicago Journal of International Law

“Constitutionalism” has been contentiously debated at national and international levels. This Article develops the concept of discursive constitutionalism, defined as the construction of constitutionalism through public discourse. It theorizes about four elements (ideas, actors, actions, and spaces) and the constructive logic of discursive constitutionalism. Public constitutionalist discourse can be shaped by the existing relations of political power. At the same time, it can constrain the political monopoly of constitutional thinking, shape the design of institutions to limit political power, and prevent the arbitrary use of political power in practice. This study provides an explanatory account of three models of discursive …

Accounting For The Selfish State: Human Rights, Reproductive Equality, And Global Regulation Of Gestational Surrogacy, Claudia Flores

Chicago Journal of International Law

Gestational surrogacy is a relatively new method of procreation made possible by advances in assisted reproductive technology (ART). In gestational surrogacy, a woman (gestational carrier) gestates a fetus that is often biologically unrelated to her on behalf of a third party. While this form of procreation has often been celebrated for allowing infertile and fertility-challenged persons to parent biological offspring, it has also prompted a series of complex human rights-related debates. Inconsistent and extreme state responses to gestational surrogacy have led to myriad tragedies: states have arrested gestational carriers, forced carriers to raise children born through the process, denied individuals …

Applying Derivative United Nations Immunity To Humanitarian Ngos, Tori Keller

Chicago Journal of International Law

United Nations (U.N.) privileges and immunities, enshrined in the Convention on Privileges and Immunities, protect U.N. personnel from legal proceedings and facilitate U.N. missions in volatile contexts. Today, non-governmental organizations (NGOs) are essential providers of emergency humanitarian assistance in some of the most dangerous states. Even though some NGOs work under U.N. funding agreements, they lack the protective immunities of the U.N. This Comment assesses the bases for U.N. immunity and the similar concept of derivative sovereign immunity, whereby sovereign governments extend their immunity to quasigovernment entities and private contractors. It argues that derivative immunity from states is based on …

It’S Raining Rockets: Heightening State Liability For Space Pollution, Sraavya Poonuganti

Chicago Journal of International Law

The uptick in outer space exploration activity by spacefaring nations has resulted in the increased proliferation of space debris orbiting Earth and reentering its atmosphere. The current liability regime, which was enacted as a result of the U.S.–Soviet Union space race in the 1960s and ’70s, is ill-equipped to mitigate and deter such proliferation. Without proactive measures, the space debris buildup could escalate into the Kessler Syndrome, a proposed scenario in which space exploration, and its corresponding benefits, may be rendered infeasible due to the extreme risk of high-impact space object collisions. This Comment first analyzes existing proposals for amending …

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

Security Of Tenure In Egypt: Policies And Challenges, Arig Eweida

Theses and Dissertations

This thesis explores a set of urban laws and policies adopted in the past decade in Egypt regarding their possible effect on security of tenure as an element of the right to housing. The past decade has witnessed a legislative focus on formalizing tenure rights coupled with policies aiming at redevelopment of informal settlements, infrastructure projects and lately a goal of eliminating unplanned areas by 2030. This research attempts to untangle what these laws and policies could mean for a country with 40% of its housing being informal. It builds on a rich literature on titling programs in developing countries …

The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre

Undergraduate Honors Theses

This thesis seeks to outline ways to enforce international law more effectively. Through the analysis of the current international legal framework and the different mechanisms created to enforce international law, it identifies why they are insufficient to enforce international law effectively, and it gives recommendations to ameliorate the way international law is currently enforced. This research focuses on the ongoing war in Ukraine as a case study, and provides specific examples of ways international law was grossly violated by Russia, a U.N. permanent Security Council member, in order to identify patterns in the non-enforcement of international law. To bridge the …

Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar

Electronic Theses, Projects, and Dissertations

Purpose: This study explored mental health workers perspectives on alternative approaches in responding to mental health crises.

The study was carried out in Southern California, in collaboration with mental health workers who currently work or previously have worked in mental health crisis. It adopted a post-positivists paradigm and data was gathered through individual interviews with mental health workers who have direct experience with mental health crisis response in the community and with the police. The twenty participants in the study were men and women working in the mental health field, and of various backgrounds, licensures, and ages.

The study found …

New Antitrust Concern In Labor Markets, Hiba Hafiz, Calixto Salomao Filho, Steven C. Salop, Cristina Volpin, Eric Dunn

PLAA-CTIC Symposium on Competition Law and Policy

The final panel will center on how antitrust regulators should deal with concerns in labor markets. Several antitrust authorities have dealt with it. For instance, the DOJ issued Guidance for HR professionals in 2016, discussing potential antitrust violations in HR activities. In addition, the panelists will discuss recent developments in the U.S. and abroad regarding how antitrust should tackle labor law concerns.

The Antitrust Backlash Against Big Tech, Beau Buffier, Victor Oliveira Fernandes, Ioannis Lianos

PLAA-CTIC Symposium on Competition Law and Policy

A growing discontent has formed in the popular culture and the political space against big tech, both in the US and abroad. As a result, several bills have been proposed in the US and the EU, with the EU passing the Digital Markets Act (DMA), which is now in place as of November 2022, specifically aimed at big tech platforms. The panelists will discuss whether these reforms are helpful and if antitrust is an appropriate tool for potentially remedying the market concerns caused by the proliferation of big tech platforms.

The Global Regulatory Landscape In Antitrust, Jonathan Klick, Jennifer M. Driscoll, Krisztian Katona, Donald Klawiter, Spencer Weber Waller

PLAA-CTIC Symposium on Competition Law and Policy

The panel will broadly discuss recent trends in the global antitrust arena. The discussion will center on how the U.S. antitrust policy shapes international debates and how other jurisdictional policies have positively influenced U.S. antitrust policies. In the end, we expect more questions than answers, as the antitrust arena has undergone significant changes in recent years.

On U.S. Antitrust Foundations, Herbert J. Hovenkamp

PLAA-CTIC Symposium on Competition Law and Policy

The first panel will lay the framework for the entire Symposium by drawing an overview of fundamental statutes–the Sherman Act, Clayton Act, and FTC Act–and seminal cases that make up the American antitrust landscape.

Editor's Note, Peyton Holahan

Washington and Lee Journal of Civil Rights and Social Justice

To commemorate the accomplishment of abolition and to look back at Virginia’s long and complicated history with the death penalty, the Journal of Civil Rights and Social Justice’s 2021–2022 Symposium titled Revoking Irrevocable Punishment centered around Virginia’s long, complex, and sorrowful path toward abolition. From February 10 to February 11 of 2021, the Journal organized and moderated seven panels that addressed various components of the death penalty discourse in Virginia, past and present.