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Consequences And The Supreme Court, Aaron Tang 2023 Northwestern Pritzker School of Law

Consequences And The Supreme Court, Aaron Tang

Northwestern University Law Review

May the Supreme Court consider consequences when it decides the hard cases that divide us? The conventional wisdom is that it may not. Scholars have argued, for example, that consequentialism is a paradigmatic “anti-modal” form of reasoning at the Court. And the Court itself has declared that “consequences cannot change our understanding of the law.”

This Article presents evidence of a possible shift in the standard account. Although many kinds of consequentialist arguments remain forbidden, such as naked judicial efforts to maximize social utility, a particular form of consequentialism is now surprisingly common when the Supreme Court confronts hard cases. …


The Counterdemocratic Difficulty, Aziz Z. Huq 2023 Northwestern Pritzker School of Law

The Counterdemocratic Difficulty, Aziz Z. Huq

Northwestern University Law Review

Since the 2020 elections, debate about the Supreme Court’s relationship with the mechanisms of national democracy has intensified. One important thread of that debate focuses critically on the possibility of a judicial decision flipping a presidential election or thwarting the will of national majorities respecting progressive legislation, and pushes concerns about the Court’s effect on national democracy. A narrow focus on specific interventions, however, does not exhaust the subtle and consequential ways in which the Court influences whether and how the American democratic system thrives or fails. A narrow focus is partial because it construes democracy as merely the aggregation …


Defining Interim Storage Of Nuclear Waste, Max Johnson 2023 Northwestern Pritzker School of Law

Defining Interim Storage Of Nuclear Waste, Max Johnson

Northwestern University Law Review

Nuclear power may be humanity’s best hope to curb climate-altering greenhouse gas emissions. But public fear of its dangers, including the toxicity of nuclear waste, undermines its expansion. To provide for more effective waste disposal, in 2021 and 2022 the Nuclear Regulatory Commission (NRC) recommended licensing two privately-owned nuclear waste storage facilities—called Consolidated Interim Storage Facilities (CISFs)—to be built in New Mexico and in Texas. Both states vehemently oppose the construction and operation of these facilities: legislators in both states have proposed state laws opposing them, and both states have sued the NRC challenging the legality of the facilities’ licensure. …


The Misunderstood History Of Textualism, Tara Leigh Grove 2023 Northwestern Pritzker School of Law

The Misunderstood History Of Textualism, Tara Leigh Grove

Northwestern University Law Review

This Article challenges widespread assumptions about the history of textualism. Jurists and scholars have sought for decades to distinguish “modern textualism” from the so-called “plain meaning school” of the late nineteenth and early twentieth centuries—an approach that both textualists and non-textualists alike have long viewed as improperly “literal” and “wooden.” This Article shows that this conventional historical account is incorrect. Based on a study of statutory cases from 1789 to 1945 that use the term “plain meaning” or similar terms, this Article reveals that, under the actual plain meaning approach, the Supreme Court did not ignore context but looked to …


Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes, Mai R. Contino 2023 Pepperdine University

Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes, Mai R. Contino

Pepperdine Law Review

In the wake of COVID-19, there has been a surge of wrongful death cases filed by plaintiff families in state courts. These families allege that their loved one contracted and died from COVID-19 because the nursing home or senior living facility at which their loved one resided failed to take proper COVID-19 prevention measures. In response, defendant facilities have removed these actions to federal court, arguing that the PREP Act preempts plaintiffs’ state law claims and grants facilities immunity from liability for loss related to qualified actions taken during a public health emergency. This Comment rejects facilities’ push for preemption …


Table Of Contents And Masthead, Maribeth Beyer 2023 Pepperdine University

Table Of Contents And Masthead, Maribeth Beyer

Pepperdine Law Review

No abstract provided.


Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath 2023 Pepperdine University

Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath

Pepperdine Law Review

The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …


Second Amendment Sanctuaries: Defiance, Discretion, And Race, Nicholas J. Johnson 2023 Pepperdine University

Second Amendment Sanctuaries: Defiance, Discretion, And Race, Nicholas J. Johnson

Pepperdine Law Review

Second Amendment Sanctuaries deploy nonenforcement policies and strategies in defiance of firearms laws of superior jurisdictions. The scholarship so far has focused on whether Second Amendment Sanctuary policies are legally enforceable. This Article advances the scholarship beyond questions of de jure validity by examining the potential for practical, de facto efficacy of Second Amendment Sanctuary policies. This Article concludes that even where Second Amendment Sanctuaries have weak claims to formal validity, defiant public officials still have broad opportunities to implement Second Amendment Sanctuary policies through the exercise of enforcement discretion. The conclusion that enforcement discretion can effectuate sanctuary policies is …


Total Return Meltdown: The Case For Treating Total Return Swaps As Disguised Secured Transactions, Colin P. Marks 2023 Pepperdine University

Total Return Meltdown: The Case For Treating Total Return Swaps As Disguised Secured Transactions, Colin P. Marks

Pepperdine Law Review

Archegos Capital Management, at its height, had $35 billion in assets. But in the spring of 2021, in part through its use of total return swaps, Archegos sparked a $30 billion dollar sell-off that left many of the world’s largest banks footing the bill. Mitsubishi UFJ Group estimated a loss of $300 million; UBS, Switzerland’s biggest bank, lost $861 million; Morgan Stanley lost $911 million; Japan’s Nomura lost $2.85 billion; but the biggest hit came to Credit Suisse Group AG which lost $5.5 billion. Archegos, itself lost $20 billion over two days. The unique characteristics of total return swaps and …


Examining The Role Of Ags In A Just Transition, Bethany Davis Noll, Terri Gerstein 2023 New York University Faculty Account

Examining The Role Of Ags In A Just Transition, Bethany Davis Noll, Terri Gerstein

Pace Environmental Law Review

Tackling the climate crisis requires transitioning from fossil fuel to clean energy, which will necessarily have a significant impact on jobs and the economy overall. The impact of this shift has sometimes been feared as a development that will be harmful to workers and the economy. Fossil fuel jobs are seen as good jobs--well-paid jobs with good benefits and protections--while the emerging clean energy industry has not yet uniformly embraced a high-road employment model. But workers’ rights and environmental concerns are not fundamentally incompatible. There are many policies and tools that can be and are being harnessed to bring about …


Green Unionism And Human Rights: Imaginings Beyond The Green New Deal, Chaumtoli Huq 2023 CUNY School of Law

Green Unionism And Human Rights: Imaginings Beyond The Green New Deal, Chaumtoli Huq

Pace Environmental Law Review

No abstract provided.


Bearing The Torch: A Green New Deal For New York State Agriculture, Jack Hornickel 2023 Haub Law at Pace University

Bearing The Torch: A Green New Deal For New York State Agriculture, Jack Hornickel

Pace Environmental Law Review

No abstract provided.


Environmental Justice For Food System Workers: Heat- Illness Prevention Standards As One Step Toward Just Transition, Sarah Matsumoto 2023 Willamette University

Environmental Justice For Food System Workers: Heat- Illness Prevention Standards As One Step Toward Just Transition, Sarah Matsumoto

Pace Environmental Law Review

The recent dual crises of the COVID-19 pandemic and extreme heat in the Pacific Northwest have brought environmental injustices for food system workers into stark view. These events prompt us to reflect on how and why our existing laws, some of which expressly include environmental justice “tools,” failed to fully protect food system workers during times of crisis, and what changes we might implement to ensure that people employed in food system jobs are safe at their places of work. These events also revealed the need for proactive, prospective changes now before another crisis occurs; indeed, experts believe that global …


Shifting Away From Coal Power: Prioritizing Ratepayers And Communities Vs. Shareholders?, Shanti Gamper-Rabindran 2023 University of Pittsburgh - Main Campus

Shifting Away From Coal Power: Prioritizing Ratepayers And Communities Vs. Shareholders?, Shanti Gamper-Rabindran

Pace Environmental Law Review

No abstract provided.


Green Transitions In A Covid Economy, Nicholas Bryner 2023 Louisiana State University

Green Transitions In A Covid Economy, Nicholas Bryner

Pace Environmental Law Review

As many elements of a Green New Deal languished in Congress, economic policy took dramatic turns instead to address a different crisis: the Covid-19 pandemic. This Essay explores the way in which legal and policy responses to Covid-19 in the United States—particularly as discourse has focused on the impacts of Covid-19 response on labor markets—may provide insight into the political economy of a Green New Deal. New federal spending toward a just transition is structurally much easier to accomplish than developing new regulatory policy through legislation or executive action and avoids judicial policing of administrative authority.


What Makes It A Just Transition? A Case Study Of Renewable Rikers, Rebecca Bratspies 2023 CUNY Law School

What Makes It A Just Transition? A Case Study Of Renewable Rikers, Rebecca Bratspies

Pace Environmental Law Review

This essay offers New York City’s Renewable Rikers as an example of what a just transition might look like in practice. Specifically, this essay describes how Renewable Rikers connects the need for non-polluting energy infrastructure with a broader conversation about decarceration and racial justice to build an inclusive pathway for prosperity and environmental health for all New Yorkers. The first part of this essay sets the stage with a brief overview of the climate crisis. Part two sketches the contours of what constitutes a just transition as that term is used in the Green New Deal Resolution. Part three situates …


Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic 2023 University of Windsor

Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic

Major Papers

Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …


Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle 2023 University of Cincinnati College of Law

Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle

Immigration and Human Rights Law Review

Abstract

The tyrannical Sri Lankan Prevention of Terrorism Act (“PTA”) has been in effect for over forty years. Dating back to the decades-long civil war, the PTA has terrorized Sri Lankan citizens. The PTA authorizes the Sri Lankan government to arbitrarily detain citizens without warrants for up to eighteen months; use torture to extract confessions; and target protesters, minority groups, and political opponents. The PTA creates a breeding ground for numerous human rights violations with no accountability for the officials who commit human rights abuses. The use of the Act has intensified since 2019 with the Easter Sunday Bombings and …


Creating An Urban Airspace Design: The Future Regulatory Landscape, Jason T. Lorenzon 2023 Kent State University

Creating An Urban Airspace Design: The Future Regulatory Landscape, Jason T. Lorenzon

National Training Aircraft Symposium (NTAS)

Urban Air Mobility (UAM) and Advanced Air Mobility (AAM) are transformative technologies that will revolutionize the manner that cargo and passengers are transported in the local environment. This disruptive technology will transform transportation domain. For instance, imagine a transportation infrastructure without physical roads, where persons, property and cargo are being moved by Autonomously operated Uncrewed Aerial Vehicles (UAS). This presentation/paper will examine the current state of the regulatory and legal environment and the efforts that are being made to facilitate a future that a few short years ago was only imagined in works of science fiction.

This presentation will focus …


Mental Health In Pilots Ages 19-26: What Are The New Pilots Telling Us?, Jason T. Lorenzon, Diana Semilia 2023 Kent State University

Mental Health In Pilots Ages 19-26: What Are The New Pilots Telling Us?, Jason T. Lorenzon, Diana Semilia

National Training Aircraft Symposium (NTAS)

Mental Health is stigma that reaches all professional pilots. After spending a considerable amount of money, a pilot is always afraid of losing his/her medical certification. This leads many pilots to not be honest and forthcoming about his/her own health situation or if he/she is forthcoming with any medical deficiency, the regulatory framework at the Federal Aviation Administration may put a further burden on the pilot to provide additional medical documentation, or the FAA may even amend, revoke, or suspend a pilot's medical certificate.

The Federal Aviation Administration (FAA) regulations,14 CFR Parts 61 and 67 and internal protocols creates a …


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