Preventing Emissions From Slipping Through The Cracks: How Collaboration On New Technologies To Detect Violations And Minimize Emissions Can Efficiently Enforce Existing Clean Air Act Regulations,
2022
Notre Dame Law School
Preventing Emissions From Slipping Through The Cracks: How Collaboration On New Technologies To Detect Violations And Minimize Emissions Can Efficiently Enforce Existing Clean Air Act Regulations, Kathryn Caballero
Journal Articles
The link between air pollution and poor public health is well known and has been farther documented during the COVID-19 pandemic, 1 but EPA has outdated methods and rules to detect air emissions. Enforcing existing environmental regulations presents challenges because the detection and monitoring technologies identified in the regulations, or the regulation language itself, may not sufficiently identify environmental pollution, let alone complex environmental fraud. How can EPA best use new technologies and concepts to detect violations, with the intent of minimizing emissions, to improve human health and environmental outcomes during the lengthy process of drafting and publishing new regulations? …
Pandora's Loot Box,
2022
Washington University in St. Louis School of Law
Pandora's Loot Box, Sheldon Evans
Scholarship@WashULaw
The emerging trend of loot boxes in video game platforms continues to expand the shifting boundaries between the real and virtual world and presents unique insights into the impact each world should have on the other. Borrowing their design from the gambling industry, loot boxes operate as a hybrid between slot machines and trading cards. A consumer pays real-world money to buy a virtual box without knowing its contents. Upon opening the box, the consumer receives a virtual good that may be of great value, but more commonly is of little or no value. This Article contributes a novel theory …
Revisiting America's Guardrails The Constitution And Democratic Erosion Symposium,
2022
Washington University in St. Louis School of Law
Revisiting America's Guardrails The Constitution And Democratic Erosion Symposium, Andrea Scoseria Katz
Scholarship@WashULaw
A familiar story is being observed in countries ranging from Brazil to Australia, the United States, and Poland as elected executives deploy a populist threat narrative to politicize the rule of law and entrench themselves in power. Out of the academy, a growing literature proposes a menu of “guardrails” for shoring up democracy from backsliding or decline. Some see guardrails in society and culture, calling for rebuilding civic norms of tolerance. Others call for stricter rules in administering elections, to prevent undue influence. Others call for greater judicial intervention, tasking courts with striking down enactments that threaten the constitution or …
Do Social Movements Spur Corporate Change? The Rise Of 'Metoo Termination Rights' In Ceo Contracts,
2022
Washington University in St. Louis School of Law
Do Social Movements Spur Corporate Change? The Rise Of 'Metoo Termination Rights' In Ceo Contracts, James Hicks, Rachel Arnow-Richman, Steven Davidoff Solomon
Scholarship@WashULaw
Do social movements spur corporate change? This Article sheds new empirical and theoretical light on the issue through an original study of executive contracts before and after MeToo. The MeToo movement, beginning in late 2017, exposed a workplace culture seemingly permissive of high-level, sex-based misconduct. Companies typically responded slowly and imposed few consequences on perpetrators, often allowing them to depart with lucrative exit packages. Why did companies reward rather than penalize bad actors, and has the movement disrupted this culture of complicity?
The passage of time since the height of the movement allows us to investigate these issues empirically, using …
Law School Specialty Program Ranking Credibility,
2022
Washington University in St. Louis School of Law
Law School Specialty Program Ranking Credibility, Robert R. Kuehn
Scholarship@WashULaw
U.S. News ranks law school specialty programs solely on reputation. A faculty member teaching in a specialty area at each school is asked to assess their area at other ABA accredited schools. In 2021, U.S. News added four more specialty programs: business/corporate law; constitutional law; contracts/commercial law; and criminal law. Unlike the prior nine categories, these four new programs cover core, not special, areas of a school’s educational program.
An examination of the ranking of these core areas illustrates the continuing credibility problem with the specialty program ranking system. There are noticeable clusters of schools ranked highest by U.S. News …
Why Govern Broken Tools?,
2022
University of Washington School of Law
Why Govern Broken Tools?, Ryan Calo
Articles
In Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study, Brian Hutler et al. ably compare two approaches to the governance of digital contract tracing (DCT). In this brief essay, I want to examine to what extent governance actually played a meaningful role in the failure of DCT. If DCT failed primarily for other reasons, then the authors’ normative suggestion to pursue “a new governance approach … for designing and implementing DCT technology going forward” may be misplaced.
America’S New Death Sentence: Lack Of Action To Protect Incarcerated People From Covid-19 Amounts To Cruel And Unusual Punishment,
2022
American University Washington College of Law
America’S New Death Sentence: Lack Of Action To Protect Incarcerated People From Covid-19 Amounts To Cruel And Unusual Punishment, Jane Manwarring
American University Journal of Gender, Social Policy & the Law
Laddy Curtis Valentine is a 69-year-old man suffering from high blood pressure, hypertension, nerve damage from a stroke, atrophy and weakness in the upper-left extremity, and limited ability to grip with his left hand. Richard Elvin King is a 73-year-old man with diabetes, high blood pressure, chronic kidney failure, hyperlipidemia, and kidney disease. Mr. Valentine and Mr. King are just two of the 1,132 men imprisoned in the Wallace Pack Unit (“the Pack Unit”) in Grimes County, Texas. Like Mr. Valentine and Mr. King, approximately 800 incarcerated men housed in the Pack Unit are over the age of sixty-five, and …
Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines,
2022
American University Washington College of Law
Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene
American University Journal of Gender, Social Policy & the Law
The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …
Negotiating Social Change: Backstory Behind The Repeal Of Don't Ask, Don't Tell,
2022
United States Air Force Academy
Negotiating Social Change: Backstory Behind The Repeal Of Don't Ask, Don't Tell, Linell A. Letendre, Hal Abramson
University of Florida Journal of Law & Public Policy
This Article is about negotiating social change in the largest U.S. institution, the Military and its five Services. Inducing social change in any institution and society is notoriously difficult when change requires overcoming clashing personal values among stakeholders. And, in this negotiation over the repeal of Don’t Ask, Don’t Tell (DADT), clashing values over open service by gays and lesbians were central to the conflict. In response to President Obama’s call to repeal DADT, the Secretary of Defense selected a Working Group to undertake studies, surveys and focus groups to inform the debate. During the nine-month process of gathering a …
Educational Malpractice: Is It A Tort Whose Time Has Come? An Exploratory Mixed Methods Study,
2022
University of New Hampshire
Educational Malpractice: Is It A Tort Whose Time Has Come? An Exploratory Mixed Methods Study, Todd A. Demitchell, Stefanie King, Terri A. Demitchell
University of Florida Journal of Law & Public Policy
Peter Doe, a high school student with an average IQ and an average attendance record, graduated from high school in 1972. His reading ability at the time of graduation was approximately at the fifth-grade level. Peter Doe brought suit against the school district and its employees for negligence resulting in his inability to read and write. He sought damages of $500,000. The plaintiff claimed that these actions resulted in depriving him of basic academic skills thus limiting his lifetime stream of earnings. In other words, he asserted that he was injured because the school district and its “teachers negligently or …
A Call For Constitutionalizing The Affirmative Insanity Defense,
2022
University of Florida Levin College of Law
A Call For Constitutionalizing The Affirmative Insanity Defense, Mia C. Larson
University of Florida Journal of Law & Public Policy
This Note sheds light on varied insanity defense formulations which fail to adequately protect the constitutional rights of people deemed legally insane. An emerging trend has arisen whereby states adopt alternative approaches to legal insanity focused solely on the mental state of a criminal offender at the time the offender committed a crime. Rather than operating as an excusal from criminal liability, this alternative approach offers insanity as mitigating evidence to be used at the sentencing phase of trial. The result is that a person deemed not guilty in a state employing the affirmative defense could be deemed guilty in …
Don't Make A Run For It: Illinois V. Wardlow In Light Of Police Shootings And The Nature Of Reasonable Suspicion,
2022
University of Florida Levin College of Law
Don't Make A Run For It: Illinois V. Wardlow In Light Of Police Shootings And The Nature Of Reasonable Suspicion, Edith Perez
University of Florida Journal of Law & Public Policy
Fear and distrust of law enforcement have been longstanding in the Black community. Those in power have fueled this fear and distrust through brutal beatings, harassment, and general discrimination. The reasonable suspicion standard is problematic because it allows for unchecked biases to guide interactions between police officers and minorities, creating incentives to persecute. But today, a new tool exacerbates this problem and makes escaping the violence nearly impossible, deepening the contempt, and spreading its adverse effects: the media. Using a hierarchy of “if it bleeds it leads,” the capitalistic fear-based media targets the anxieties and biases of Americans, creating a …
Tightwire Of National Interests And Publicity In The Evolved Process Of Democratization And Constitutional Transformation: Lessons From Taiwan,
2022
Chinese Culture University, Taiwan
Tightwire Of National Interests And Publicity In The Evolved Process Of Democratization And Constitutional Transformation: Lessons From Taiwan, Hsin-Hsuan Lin
Cardozo International & Comparative Law Review
Achieving an optimal balance between government secrecy and democratic accountability has led to long-standing questions in the discussion of contemporary constitutionalism. To address the complex contemporary phenomenon of government secrecy within a democratic society, a more in-depth understanding of its tension with democratic accountability and transparency is essential. This article provides a descriptive overview of Taiwan's legal system, its legal implications in relation to government secrecy, and its normative implications. The article begins with a historical background of Taiwan's legal system, focusing on legal reform as it relates to government secrecy. The article investigates the complex interactions between the administrative, …
Remedying Online Shaming,
2022
Bar-Ilan University School of Law
Remedying Online Shaming, Miriam Marcowitz-Bitton, Hillel Sommer
Cardozo International & Comparative Law Review
Shaming is an act of subjecting someone publicly to shame, disgrace, humiliation, or disrepute.1 This act has challenged many existing legal regimes. Its effects are devastating, and efforts to cope with it within the current legal framework have been largely unsuccessful, mainly due to the challenges posed by anonymous, online shaming. This article rethinks the remedies currently available to handle shaming. It touches upon both civil and criminal remedies and penalties, considering the role that the right to be forgotten can play in handling shaming effectively. The article argues that only by complementing existing remedies with victims' rights can we …
Rule Of Law And International Human Rights,
2022
Loyola University Chicago
Rule Of Law And International Human Rights, Vincent J. Samar
Cardozo International & Comparative Law Review
This article reviews the field of international human rights with particular attention to the way that the International Court of Justice, the International Criminal Court, the Human Rights Committee, and local domestic courts operate to resolve human rights cases. It first notes what internationally recognized human rights there are and the sources that give rise to them. It then explains how relativism enters human rights decision-making, especially at the domestic court level, in part because a common grounding for the human rights propounded was never adopted. Even at the level of the International Court of Justice, its failure to include …
What's Wrong With The Ncaa's New Transgender Athlete Policy?,
2022
Western New England College School of Law
What's Wrong With The Ncaa's New Transgender Athlete Policy?, Erin E. Buzuvis
Faculty Scholarship
This Article examines the NCAA’s 2022 transgender athlete participation policy, which replaced the 2011 uniform eligibility rule with a sport-by-sport approach deferring to external governing bodies. It assesses the ambiguities created by this deference, particularly in sports where no clear policy exists, as well as the arbitrariness of the default testosterone threshold the NCAA adopted. It analyzes the tension between the NCAA’s stated alignment with Olympic frameworks and the reality that those frameworks were not designed for the collegiate context. It also considers the legal risks posed to NCAA member institutions, including potential liability under Title IX and the Equal …
Willard Hurst, Technological Changes, And The Transformation Of American Public Law,
2022
University of Michigan Law School
Willard Hurst, Technological Changes, And The Transformation Of American Public Law, William J. Novak
Articles
As Sociobiologist E.O. Wilson once famously framed the “problem of humanity”: “We have paleolithic emotions; medieval institutions; and god-like technology.” America’s greatest philosopher John Dewey similarly placed this yawning gap between rapidly expanding technological change and slowly evolving human emotions and institutions at the heart of what he called The Public and Its Problems. Indeed, Dewey traced the origins of the modern American state as well as what he termed “the Great Society” to the new and modern technologies in production and commerce and steam and electricity that “resulted in a social revolution.” Without warning, Dewey argued, traditional local communities …
Antidiscrimination Law Through A Sociolegal Lens,
2022
William & Mary Law School
Antidiscrimination Law Through A Sociolegal Lens, Anna Offit
Faculty Publications
This Symposium invites reflection on whether the Anthropology of Law has “any space left for the content of rules” at a time when the concerns of legal anthropologists have largely shifted to processes, materials, and practices that are “adjacent to law.” Taking the jury system as an illustrative case, this Essay advocates for the relevance and value of the anthropological study of rules, their content, and their effects. Looking in particular at antidiscrimination rules derived from Batson v. Kentucky, decided in 1986, it argues that a sociolegal, ethnographic approach to how lawyers perpetuate discrimination in jury selection offers insight …
On Foxes And Hedgehogs,
2022
Notre Dame Law School
On Foxes And Hedgehogs, Roger P. Alford
Journal Articles
This Article is about John Nagle’s many means to one great end. It will outline the many themes of his scholarship: (i) environmental law, (ii) statutory interpretation, (iii) constitutional law, (iv) nuisance and pollution, (v) election law and campaign finance, (vi) Christianity and the environment, and (vii) national parks. It will offer conclusions on how he used his scholarly interests as a means to pursue his overarching worldview.
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf,
2022
Dalhousie University Schulich School of Law
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim
Reports & Public Policy Documents
The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …
