Law and Politics Commons^™

Voter F̶R̶A̶U̶D̶ Mistake, Benjamin Plener Cover

William & Mary Bill of Rights Journal

False narratives challenging electoral integrity often cite ineligible voting as a prime example of so-called widespread voter fraud. This Article demonstrates that ineligible voting often consists of mistakes that are problematically treated like fraud. Some jurisdictions criminalize ineligible voting on a strict liability basis, imposing punishment even when the ineligible voter is unaware of her ineligibility. When jurisdictions impose this strict criminal liability, mistakes are often misunderstood or misrepresented as fraud. This harsh and confused treatment of voter mistake undermines the criminal justice system by severing criminality from culpability, punishing good faith democratic participation, targeting marginalized populations, and amplifying systemic …

State Constitutional Rights, Naturally, Daniel B. Rodriguez

UMKC Law Review

No abstract provided.

Conservative Legal Advocacy Organizations And Constitutional Change In The Roberts Court, Ann Southworth

Fordham Law Review

No abstract provided.

Democratic Self-Defense, Claudia E. Haupt

Fordham Law Review

Four U.S. states recently took diametrically opposed approaches to address fundamental problems that their respective state legislatures identified in the online speech environment. While controversial legislation in Florida and Texas sought to limit the ability of platforms to remove users or content, New York and California passed laws ultimately aimed at curbing hate speech and other forms of abuse on platforms. In isolation, each of these legislative approaches raises significant First Amendment concerns, and all are likely insufficient to address the problems posed by online speech. But what if the impetus behind these laws were combined into a unified regulatory …

Legislating For The Future, Jonathan S. Gould, Rory Van Loo

Faculty Scholarship

Public policy must address threats that will manifest in the future. Legislation enacted today affects the severity of tomorrow’s harms arising from biotechnology, climate change, and artificial intelligence. This Essay focuses on Congress’s capacity to confront future threats. It uses a detailed case study of financial crises to show the limits and possibilities of legislation to prevent future catastrophes. By paying insufficient attention to Congress, the existing literature does not recognize the full nature and extent of the institutional challenges in regulating systemic risk. Fully recognizing those challenges reveals important design insights for future-risk legislation.

We first examine Congress as …

Leading With Courage: Defending Intellectual Freedom And Championing A Broad Range Of Ideas In Law Libraries, Leslie A. Street

Library Staff Publications

No abstract provided.

Why You Cannot Find A Swing Justice When You Really Need One, Neal Devins

William & Mary Law Review

From Richard Nixon’s 1972 appointment of swing Justice Lewis Powell until Donald Trump’s 2018 appointment of Brett Kavanaugh (to replace swing Justice Anthony Kennedy), the swing Justice ruled the roost. Sometimes voting with the Court’s conservatives and other times with its liberals, the swing Justice often cast the deciding vote and often embraced a sui generis middle ground. Those days now seem like a distant memory. An ideologically simpatico majority coalition drives the post-2018 Roberts Court (especially after Justice Amy Coney Barrett filled Justice Ruth Bader Ginsburg’s seat in 2020). In this Article, I will use the Court’s affirmative action …

Public Funds, Public Functions, Private Actors: The Cognitive Dissonance Of Us Health Law, William M. Sage

Faculty Scholarship

This chapter begins with the evolution of American medicine from a “sovereign” self-regulating profession focused on direct patient service to a large industry that serves the social sector but that, because of its professional heritage, receives extensive public subsidies without equivalent public accountability. Next, the chapter identifies regulatory dynamics in American health care governance that structurally discourage movement from the prevailing, if dissonant, private law framework to one explicitly grounded in public law. The chapter concludes by highlighting the challenges and opportunities inherent in a private law approach to what is intuitively a public law domain.

French Connection: Expanding Legal Protections For Fashion Design In The United States, Mairead Rose Tuttle

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Monopoly In The Stars: Analyzing The International Laws Hindering Property Rights In The Cosmic Frontier From Passing Go, Terrance Parham

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Human Trafficking In The Digital Era: Freedom Of Speech Versus Freedom From Exploitation, Hannah Katz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Is There A Duty To Use Lethal Autonomous Weapons? How Ai Will Change Warfare And The International Order, Bryan Hance

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Debunking Sovereignty In Cyberspace, Benjamin W. Haight

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Evolving Nature Of Economic Integration, Panagiotis Delimatsis

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Comparative Analysis Of Esg Reporting In Nigeria And Other African Countries, Victoria Agbakwuru

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Target(Ed) Advertising, Derek E. Bambauer

UF Law Faculty Publications

Targeted advertising—using data about consumers to customize the ads they receive—is deeply controversial. It also creates a regulatory quandary. Targeted ads generate more money than untargeted ones for apps and online platforms. Apps and platforms depend on this revenue stream to offer free services to users, if not for their financial viability altogether. However, targeted advertising also generates significant privacy risks and consumer resentment. Despite sustained attention to this issue, neither legal scholars nor policymakers have crafted interventions that address both concerns, and existing regulatory regimes for targeted advertising have critical gaps.

This Article makes three key contributions to the …

The End Of Fda Exceptionalism? Dissecting Deference To The Fda In Drug Disputes, Anjali Deshmukh

Cardozo Law Review

On April 7, 2023, a federal judge issued a nationwide stay on the United States Food and Drug Administration (FDA) approval of the abortifacient medication mifepristone. It was instantly a landmark case, decried as the first time in over one-hundred years that a federal court nullified an FDA drug approval. A few hours later, a second federal district court enjoined FDA restrictions on mifepristone. Two federal courts substantively evaluating FDA drug approval data in one day is unprecedented. It begs the question: will courts overturn FDA drug approvals again?

Conventional wisdom says no. Abortion exceptionalism, the trend of legislatures and …