A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex,
2023
Texas A&M University School of Law
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman
Cardozo Journal of Conflict Resolution
In the 2020 British TV series The Undeclared War, the Russians launch a series of attacks against the United Kingdom that destabilize key sectors in the UK and (spoiler alert) almost end in a full-scale conventional war. In this fictionalized account, the UK only considers fighting back against cyber warfare with cyber warfare. There is no negotiation. Despite knowing who is responsible for these attacks (the Russian government), negotiation is never even considered.
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation,
2023
Seattle University School of Law
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism,
2023
Seattle University School of Law
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People,
2023
Seattle University School of Law
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic,
2023
Benjamin N. Cardozo School of Law
Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden, Jennica Webster
Articles
Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic-there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …
The Private Attorney General In A Time Of Hyper-Polarized Politics,
2023
Benjamin N. Cardozo School of Law
The Private Attorney General In A Time Of Hyper-Polarized Politics, Myriam E. Gilles
Articles
With the enactment of the Federal Trade Commission Act (“FTC Act”) in 1914 and the Wheeler–Lea Act in 1938, Congress sought to establish a brawny federal consumer protection regime to guard against the myriad unfair and deceptive practices that threatened harm to American consumers. But courts in this era interpreted these statutes to confer exclusive enforcement authority in the Federal Trade Commission (“FTC”), declining to infer a private right of action. For many decades, the resulting enforcement gap in consumer protection law was filled largely by state Unfair and Deceptive Practices Acts (“UDAPs”), which sanction litigation by both public and …
Beyond Legal Deserts: Access To Counsel For Immigrants Facing Removal,
2023
Duke Law School
Beyond Legal Deserts: Access To Counsel For Immigrants Facing Removal, Emily Ryo, Reed Humphrey
Faculty Scholarship
Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to governmentappointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have …
Firearms Law And Scholarship Beyond Bullets And Bodies,
2023
Duke Law School
Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A. H. Miller
Faculty Scholarship
Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, …
Guided By History: Protecting The Public Sphere From Weapons Threats Under Bruen,
2023
Duke Law School
Guided By History: Protecting The Public Sphere From Weapons Threats Under Bruen, Joseph Blocher, Reva B. Siegel
Faculty Scholarship
Since the Founding era, governments have banned guns in places where weapons threaten activities of public life. The Supreme Court reaffirmed this tradition of “sensitive places” regulation in District of Columbia v. Heller, and locational restrictions on weapons have become a central Second Amendment battleground in the aftermath of New York State Rifle & Pistol Association v. Bruen. Liberals have criticized Bruen for requiring public safety laws to mimic founding practice, while conservatives have criticized it for licensing regulatory change not within the original understanding. In this Article we argue that Bruen’s analogical method looks to the past to guide …
Are Lawyers’ Case Selection Decisions Biased? A Field Experiment On Access To Justice,
2023
Washington University in St. Louis School of Law
Are Lawyers’ Case Selection Decisions Biased? A Field Experiment On Access To Justice, Jens Frankenreiter, Michael A. Livermore
Scholarship@WashULaw
The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients’ names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race is a significant factor, but we also explore race and gender interactions. We find that ostensibly Black or Hispanic inquirers receive fewer responses than ostensibly White inquirers, a result largely driven by preferential treatment of White female inquirers. The racial disparities are larger than those previously documented in contexts such as …
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?,
2023
Emory University School of Law
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose
Emory International Law Review Recent Developments
No abstract provided.
Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim,
2023
American University Washington College of Law
Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim, Joseph M. Sellers, Aniko R. Schwarcz
American University Journal of Gender, Social Policy & the Law
According to multiple employee surveys, sexual harassment is one of the most underreported forms of abuse in the workplace. There are a number of reasons that reportedly account for this reluctance to complain about sexual harassment. They include the potential shame, embarrassment, and fear that may accompany reports of sexual harassment and the blame and heightened scrutiny of the victim that may be prompted by these complaints. Unlike most other forms of discrimination, where their presence may be inferred from patterns observed in workforce data, sexual harassment is typically undetectable and certainly not actionable unless it is the subject of …
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry,
2023
American University Washington College of Law
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
American University Journal of Gender, Social Policy & the Law
In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …
Surveillance And Policing Today: Can Privacy And The Fourth Amendment Survive New Technology, Artificial Intelligence And A Culture Of Intrusion?,
2023
University of Florida Levin College of Law
Surveillance And Policing Today: Can Privacy And The Fourth Amendment Survive New Technology, Artificial Intelligence And A Culture Of Intrusion?, Jon L. Mills, Caroline S. Bradley-Kenney
University of Florida Journal of Law & Public Policy
We are on the verge of a surveillance state. New technologies enable intrusions unimagined two decades ago. Our current culture voluntarily provides intimate personal details that are available to the world and to law enforcement. Current interpretations of Fourth Amendment privacy protections are failing to protect individuals from this brave new world. This Article describes the current state of technology, culture, and deficiencies in the law. We propose a specific test that can provide a workable approach to current and emerging intrusions. That test expands upon existing theories, like the mosaic theory and a reformation of the third-party doctrine, but …
How To Close Pandora's Dox: A Case For The Federal Regulation Of Doxing,
2023
University of Florida Levin College of Law
How To Close Pandora's Dox: A Case For The Federal Regulation Of Doxing, Hannah Shankman
University of Florida Journal of Law & Public Policy
Doxing, or the sharing of one’s personally identifiable information on the Internet without consent, saw a boom during the COVID-19 pandemic. It became a way for Internet users to punish people for racist, rude, or anti-masking behavior and to quench a collective thirst for justice. While some continue to view doxing as an exercise in accountability, it is a malleable tool that can suit anyone’s aim. White supremacists, neo-Nazis, and the alt-right regularly resort to doxing those with whom they disagree. Beyond the harassment, financial harm, and death threats doxing victims face, it is a tactic that is counter to …
Interracial Coalition Building: A Filipino Lawyer In A Black-White Community,
2023
Penn State Law
Interracial Coalition Building: A Filipino Lawyer In A Black-White Community, Victor C. Romero
Faculty Scholarship
The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America’s self-definition as a nation of immigrants. Heeding Eric Yamamoto’s four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the author’s own experience as an Asian- American volunteer attempting to serve and lead a traditionally African-American civil rights organization in a predominantly white, rural town in Pennsylvania. Three lessons emerge from this experience. When volunteering, it is important to answer the call to serve even when in …
Representing Noncitizens In The Context Of Legal Instability And Adverse Detention Precedent,
2023
New York University School of Law
Representing Noncitizens In The Context Of Legal Instability And Adverse Detention Precedent, Nancy Morawetz
Fordham Law Review
This Essay addresses three structural aspects of immigration law that have shifted in recent years and present important challenges for delivering adequate representation. Although the Katzmann study group’s many initiatives have shored up access to counsel in immigration courts and for immigration applications, the ground has been shifting under our feet. This Essay discusses three (of many) phenomena that make it harder than ever to lawyer on behalf of noncitizens. The first is the rise of red-state lawsuits that lead to enormous unpredictability about the agency rules under which lawyers can expect to operate. The second is the individuation and …
Private Environmental Nudges,
2023
University of Maine School of Law
Private Environmental Nudges, Anthony Moffa
Faculty Publications
Environmentalist outcry against single-use plastics has rapidly translated into municipal and state policy. Bans and taxes on plastic bags, and, to a lesser extent, polices targeting plastic food/drink containers and plastic straws, have popped up all over the country. Many large national corporations, including Starbucks, Disney, and Hyatt to name a few, have also taken steps to reduce the amount of single-use plastics that their customers add to the waste stream.
Two ongoing discussions in the environmental law scholarship parallel these innovations in policy. The first re-examines the proper role for subnational governments in environmental policymaking, reviving a debate about …
Status, Subject, And Agency In Innovation,
2023
Emory University School of Law
Status, Subject, And Agency In Innovation, Kali Murray
Emory Law Journal Online
The Inequalities of Innovation will be rightly understood as a major scholarly assessment in intellectual property and innovation law for its naming of three key inequalities: the inequality of wealth and income, the inequality of opportunity to innovate, and the inequality of access to innovation. This Essay complicates the triadic framework discussed in The Inequalities of Innovation by interrogating its relationship to status harm and social identity and its relationship to broader discussions of social identities such as race and the law.
