Puerto Rico And The Netherworld Of Sovereign Debt Restructuring,
2017
Duke Law School
Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, Mitu Gulati, Robert K. Rasmussen
Faculty Scholarship
Puerto Rico has incurred debt well beyond its ability to repay. It attempted to address its fiscal woes through legislation allowing the restructuring of some its debt. The Supreme Court put a stop to this effort, holding that Congress in the Bankruptcy Code barred the Commonwealth from enacting its own restructuring regime. Yet all agreed that the Bankruptcy Code did not provide anything in its place. While Congress quickly enacted PROMESA in an attempt to address the Puerto Rico’s fiscal ills, we explore in this paper whether Congress has the power to bar Puerto Rico from enacting a restructuring mechanism …
Fear And Firearms,
2017
Duke Law School
Adjudicating Death: Professionals Or Politicians?,
2017
Duke Law School
Adjudicating Death: Professionals Or Politicians?, Stephen J. Choi, Mitu Gulati
Faculty Scholarship
Variation exists in how death examinations take place in the United States. In some counties and states decisions about autopsies and the issuance of death certificates are made by a local coroner who often needs nothing more than a high school diploma to run for election to the job of coroner. In other counties and states, an appointed medical professional performs the death examination. We provide preliminary tests of the difference in performance between death examination offices run by appointed medical professionals compared with elected coroners. We find that death examiner offices in elected coroner states are less likely to …
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past,
2017
Fordham University School of Law
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots,
2017
United States Air Force
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.
Journal of Aviation/Aerospace Education & Research
Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …
Congress Intends To Destroy Your Rights And Hopes You Won’T Notice,
2017
New York Law School
Congress Intends To Destroy Your Rights And Hopes You Won’T Notice, Joanne Doroshow
Other Publications
No abstract provided.
Congress To Judges: We’Re The Boss Of You Now,
2017
New York Law School
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Other Publications
No abstract provided.
Fighting Falsity: Fake News, Facebook, And The First Amendment,
2017
Texas Christian University
Fighting Falsity: Fake News, Facebook, And The First Amendment, Joel Timmer
Cardozo Arts & Entertainment Law Journal
Fake news stories about the major presidential candidates became widespread on Facebook and elsewhere online in the months leading up to the 2016 presidential election, raising questions of whether fake news influenced the outcome of the election. The ease and speed with which false news stories can spread online poses a threat to the efficient functioning of our democracy, a threat the government has a compelling interest in addressing. Political speech, however, even when false, is highly protected by the First Amendment, making it unlikely a valid law against fake news could be crafted. Candidates might pursue defamation actions against …
Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior,
2017
Washington University in St. Louis School of Law
Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist
Scholarship@WashULaw
How governments and the electorate choose to structure judicial institutions has implications for the rule of law. In the state context, for example, judicial elections were instituted precisely because reformers expected elected judges to counter legislative action more vigorously through the power of judicial review. But when judges invalidate statutes more frequently, they reduce law’s predictability and stability. The same can be said for decisions overruling precedent: frequent overrulings undermine the norm of stare decisis and destabilize the legal status quo. These behaviors may also be viewed by some observers as more “activist” than those that defer to legislative judgments …
Unlawful Assembly As Social Control,
2017
Washington University in St. Louis School of Law
Unlawful Assembly As Social Control, John D. Inazu
Scholarship@WashULaw
Recent public protests from Occupy to Ferguson have highlighted anew the offense of unlawful assembly. This Article advances the simple but important thesis that contemporary approaches to unlawful assembly cede too much discretion to law enforcement. Too many unlawful assembly provisions neglect important elements of earlier statutory formulations. They also ignore constitutional principles meant to constrain the scope and extent of discretionary enforcement of social control by public authorities. In doing so, they fall short of the aspirations of the First Amendment — stifling dissent, muting expression, and ultimately weakening the democratic experiment. We can do better. We can start …
Amending The Consent Decrees To Bring Musical Composition Licensing Into The Free Market,
2017
George Mason University School of Law
Amending The Consent Decrees To Bring Musical Composition Licensing Into The Free Market, Danielle Ely
Cardozo Arts & Entertainment Law Journal
No abstract provided.
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum,
2017
University of Colorado Law School
They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff
Publications
In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators are …
Book Review,
2017
University of Colorado Law School
Rules For Digital Radicals,
2017
University of Colorado Law School
Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke,
2017
Boston University School of Law
Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke, Erika George
Faculty Scholarship
In honour of Justice Dikgang Moseneke, this essay takes up his invitation to imagine an ethos consistent with South African Constitutionalism, one which could promote economic justice. This essay explores how the tools of international economic law as utilised by South Africa could serve as a means of transformation to advance the end of a more inclusive economic globalisation. South Africa's trade policies and participation in international business and human rights policy initiatives are offered as illustrations of a shift towards asserting interests aligned with the country's constitutional economic justice commitments. First, emphasising Justice Moseneke's writings outside of his rulings …
Community Development Law, Economic Justice, And The Legal Academy,
2017
University of Maine School of Law
Community Development Law, Economic Justice, And The Legal Academy, Peter R. Pitegoff
Faculty Publications
The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today’s sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts to …
Seen And Heard: A Defense Of Judicial Speech,
2017
University of Maine School of Law
Seen And Heard: A Defense Of Judicial Speech, Dmitry Bam
Faculty Publications
Judicial ethics largely prohibits judges from engaging in political activities, including endorsing or opposing candidates for public office. These restrictions on judicial politicking, intended to preserve both the reality and the appearance of judicial integrity, independence, and impartiality, have been in place for decades. Although the Code of Conduct for United States Judges does not apply to the Supreme Court, Supreme Court Justices have long followed the norm that they do not take sides, at least publicly, in partisan political elections. And while elected state judges have some leeway to engage in limited political activities associated with their own candidacy," …
Tailored Judicial Selection,
2017
University of Maine School of Law
Tailored Judicial Selection, Dmitry Bam
Faculty Publications
American states have experimented with different methods of judicial selection for two centuries, creating uniquely American models of selection, like judicial elections, rarely used throughout the rest of the world. But despite the wide range of selection methods in existence throughout the nation, neither the American people nor legal scholars have given much thought to tailoring the selection method to particular levels of the judiciary. To the contrary, the most common approach to judicial selection in the United States is what I call a unilocular, “a judge is a judge,” approach. For most of our nation’s history, all judges within …
Takings, Torts, And Background Principles,
2017
Alexander Blewett III School of Law at the University of Montana
Takings, Torts, And Background Principles, Sandra B. Zellmer
Faculty Law Review Articles
No abstract provided.
The Political Economy Of Decarbonization: A Research Agenda,
2017
Brooklyn Law School
The Political Economy Of Decarbonization: A Research Agenda, Eric Biber, Nina Kelsey, Jonas Meckling
Brooklyn Law Review
Addressing climate change entails daunting policy challenges for nations seeking to decarbonize their energy systems. Current policies are inadequate to achieve the necessary reductions in greenhouse gas emissions in major part because of political resistance to more aggressive policies. Academic policy research to date has primarily focused on what policies are economically optimal, or on what is politically feasible in the short-term. But given the long-term nature of the problem and the scale of the policy challenges, an essential question is how to improve the political landscape for aggressive climate policies over time. In this paper we outline a research …
