How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, 2023 Brooklyn Law School
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
Brooklyn Journal of International Law
Deliberative democracies are based on an ideal process of speech and dialogue that fosters an “uninhibited, robust, and wide-open” public discourse sphere. In cyberspace, social networks and search engine platforms largely operate with recommender systems that tailor content according to the users' interests and online behavior (“profiling”), thus segregating them from different points of view (“bubble effect”). While this personalization of content is particularly efficient to promote commercial goods and services, when it comes to information of common interest, especially on political matters, it undermines consensus-building dialogue and threatens democratic ideals. The theory of a free “marketplace of ideas” justifies …
Enough Excuses On Drug Importation: A New Transnational Paradigm For Fda Regulation And Lower Us Drug Prices, 2023 Brooklyn Law School
Enough Excuses On Drug Importation: A New Transnational Paradigm For Fda Regulation And Lower Us Drug Prices, Gabriel Levitt
Brooklyn Journal of International Law
The US Food and Drug Administration (FDA), which enforces drug safety laws, asserts that under most circumstances the importation of prescription drugs is illegal. Yet because of high drug prices in the United States, over the past couple of decades, tens of millions of Americans have imported prescription drugs for personal use. For many, this was their only way to afford them. A unique array of federal laws, regulations, and policies, including the de facto decriminalization of the practice of personal drug importation, have in effect permitted personal drug importation. The same exceptions, however, are not available for commercial drug …
Artificial Intelligence And The Administrative State: Regulating The Government Use Of Decision-Making Technology, 2023 University of Minnesota Law School
Artificial Intelligence And The Administrative State: Regulating The Government Use Of Decision-Making Technology, Gordon Unzen
Minnesota Journal of Law, Science & Technology
No abstract provided.
Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, 2023 University of Minnesota Law School
Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey
Minnesota Journal of Law, Science & Technology
No abstract provided.
Case Law On American Indians: October 2022 - August 2023, 2023 Seattle University School of Law
Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, 2023 Seattle University School of Law
Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria
American Indian Law Journal
“The teepee is much better to live in;
always clean, warm in winter, cool in summer; easy to move. The white man builds his big house, cost much money, like big cage, shut out sun, can never move; always sick. Indians and animals know better how to live than white man; nobody can be in good health if does not have all the time fresh air, sunshine, and good water.”
- Chief Flying Hawk[1]
In 2019, I opened my submission for the Sovereignty Symposium’s Doolin Award with the statement above. The entry was accepted and reprinted in the American …
Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, 2023 Tribal Prosecutors Office, Confederated Salish & Kootenai Tribes
Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg
American Indian Law Journal
“In order for law to have an influence in the lives of ordinary people, it must have something to do with the emotional feelings of justice, it must speak to our basic humanity, and it must give us common sense directions as to what behavior and beliefs are right and wrong"
A New Cobell: The Need For A Continued Buy-Back Program, 2023 University of Iowa College of Law
A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad
American Indian Law Journal
The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.
Written Testimony Of Philip Hackney For The Hearing On Growth Of The Tax-Exempt Sector And The Impact On The American Political Landscape (U.S. House Ways & Means Subcommittee On Oversight, December 13, 2023), 2023 University of Pittsburgh School of Law
Written Testimony Of Philip Hackney For The Hearing On Growth Of The Tax-Exempt Sector And The Impact On The American Political Landscape (U.S. House Ways & Means Subcommittee On Oversight, December 13, 2023), Philip Hackney
Testimony
In written testimony before the House Ways & Means Subcommittee on Oversight on December 13, 2023, Professor Hackney emphasized three points about tax-exempt organizations and politics: (1) a diverse nonprofit sector that fosters civic participation and engagement is a gem of the United States -- we should maintain that; (2) the IRS budget for Exempt Organizations continues to NOT be sufficient to ensure the laws are equally and fairly enforced; and (3) there are simple things the IRS could do to enforce the law that it is not doing.
Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, 2023 Brooklyn Law School
Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Leonard Bierman, Rafael Gely
Brooklyn Law Review
By virtually all accounts, American society has become increasingly polarized during the past couple of decades. Indeed, the degree of political polarization on issues such as voting rights, gun control, abortion rights, and COVID vaccines has been so extreme that political scientists have worried about whether the conditions necessary for the United States to maintain a democratic society have broken down. This article examines this issue in the context of federal labor law and labor relations. It argues that American labor law is framed around an "industrial democracy narrative" that is today being sharply threatened by extant political polarization. It …
Cover, Masthead And Table Of Contents, 2023 Pepperdine University
Cover, Masthead And Table Of Contents, Ashley Antony
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Major Questions (And Answers): A Call To Quiet The Quartet, 2023 Pepperdine University
Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Journal of the National Association of Administrative Law Judiciary
This Comment calls for action to quiet the Quartet—encouraging executive agencies to mitigate the pernicious impact of MQD. In Part I, this Comment discusses the political landscape in the area of climate action. Part II wades through the nearly forty-year doctrinal shift of delegation—from humble beginnings in a law review article from then-Judge Breyer in 1986, to the application of major questions principles at various stages of agency-deference analyses. Part III discusses the Quartet and its role in MQD as a determinative legal canon. Recent scholarship calls into question if there are multiple iterations of MQD, and whether the most …
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, 2023 Pepperdine University
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Journal of the National Association of Administrative Law Judiciary
Congress first developed compassionate release in 1984, granting federal courts the authority to reduce sentences for “extraordinary and compelling” reasons. Compassionate release allows the Federal Bureau of Prisons (BOP) and inmates to apply for immediate early release on grounds of “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.” Questions remain about how the BOP and the courts grant compassionate release and whether the courts apply the compassionate release guidelines consistently. The uncertainty is due to the lack of clarity from the USSC to define “extraordinary or compelling circumstances,” …
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, 2023 Pepperdine University
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, 2023 Pepperdine University
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Journal of the National Association of Administrative Law Judiciary
This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …
The Public Trust: Administrative Legitimacy And Democratic Lawmaking, 2023 University of Connecticut
The Public Trust: Administrative Legitimacy And Democratic Lawmaking, Katharine Jackson
Connecticut Law Review
This Article argues that recent United States Supreme Court decisions invalidating agency policymaking rely on a normatively unattractive and empirically mistaken notion of democratic popular sovereignty. Namely, they rely upon a transmission belt model that runs like this: democracy is vindicated by first translating and aggregating voter preferences through elections. Then, the popular will is transposed by members of Congress into the statute books. Finally, the popular will (now codified), is applied mechanically by administrative agencies who should merely “fill in the details” using their neutral, technical expertise. So long as statutes lay down sufficiently “intelligible principle[s]” that permit their …
The Administrative State's Jury Problem, 2023 Southwestern Law School
The Administrative State's Jury Problem, Richard Lorren Jolly
Washington Law Review
This Article argues that the administrative state’s most acute constitutional fault is its routine failure to comply with the Seventh Amendment. Properly understood, that Amendment establishes an independent limitation on congressional authority to designate jurisdiction to juryless tribunals, and its dictate as to “Suits at common law” refers to all federal legal rights regardless of forum. Agencies’ use of binding, juryless adjudication fails these requirements and must be reformed. But this does not mean dismantling the administrative state; it is possible (indeed, necessary) to solve the jury problem while maintaining modern government. To that end, this Article advances a structural …
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, 2023 Brooklyn Law School
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Journal of Law and Policy
In recent decades, climate change events have surged in both frequency and intensity. Paradoxically, the most vulnerable and economically disadvantaged states, despite contributing the least to global emissions, face the gravest consequences. Developed nations, despite their wealth of resources, have consistently failed to act in the face of this crisis. For example, the recent United States Supreme Court Decision, West Virginia v. Environmental Protection Agency, limited the administrative state’s rulemaking authority and thus, its ability to enact necessary climate policy. This decision, based in the infamous “major questions doctrine,” asserts that administrative agencies must have explicit authority from Congress when …
Aclp - Comments Re Nys Bead Initial Proposal Volume 2 - December 2023, 2023 New York Law School
Aclp - Comments Re Nys Bead Initial Proposal Volume 2 - December 2023, New York Law School
Reports and Resources
No abstract provided.
Aclp - Comments Re Tn Bead Initial Proposal Volume 2 - December 2023, 2023 New York Law School
Aclp - Comments Re Tn Bead Initial Proposal Volume 2 - December 2023, New York Law School
Reports and Resources
No abstract provided.