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An Alternative to Zombieing: Lawfare Between Russian and Ukraine and the Future of International Law

Jill Goldenziel, Professor, National Defense University-College of Information and Cyberspace. Ph.D., A.M., Government, Harvard; J.D. NYU Law; A.B. Princeton

Unlike zombies, Ukraine’s lawfare strategy is very much alive. Ukraine’s lawsuits harm Russia’s reputation in the international community and give states legal ammunition to sanction Russia. Lawfare between Russia and Ukraine will change the future of international law and armed conflict. To explain how and why, this paper proceeds in four parts. Part I briefly…

Jan 2023

Article

Rhetoric and the Creation of Hysteria

Ediberto Román, Professor of Law, Florida International University & Ernesto Sagás, Professor of Ethnic Studies, Colorado State University

The anti-immigrant tenor of the debate leading to the need for a wall, the frustrations relating to it, and its resulting political opportunism are not limited to the United States. Throughout the Western Hemisphere and Europe, political leaders are using similar rhetoric of the immigrant “other” in order to rally the base, deflect criticism, and…

Dec 2022

“Shake the Hand that Feeds You”: Creating Custom Food Safety Certifications for Farm to School Programs

Lauren Tonti, M.P.H Harvard T.H. Chan School of Public Health, J.D. Case Western Reserve University School of Law, B.A. Wellesley College

The United States is home to approximately 14.4 million obese children. Federal government encouragement that schools “purchase unprocessed agricultural products, both locally grown and locally raised, to the maximum extent practicable and appropriate” with federal funds has fallen upon the receptive ears of administrators, whose schools often feed America’s youth two out of three meals…

Aug 2022

Scientific Evidence: Grand Theories and Basic Methods

Curtis E.A. Karnow, Judge of The California Superior Court (County of San Francisco)

California law requires judges to admit expert scientific testimony without resolving scientific controversies, which are left to juries. But case law does not provide a definition of “science” verses inadmissible pseudoscience. And typically juries are asked to resolve ‘scientific’ controversies based on studies never provided to them. The Essay discusses three common definitions of science,…

Aug 2022

Harming Competition and Consumers Under the Guise of Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates

D. Daniel Sokol, Carolyn Craig Franklin Chair in Law and Business, USC Gould School of Law & Feng Zhu, Professor of Business Administration, Harvard Business School

This Essay identifies how Apple’s iOS 14 strategy serves to reinforce Apple’s dominance over the mobile ecosystem by significantly reducing—if not effectively precluding—the ability of third-party apps to create value through personalized advertising. This move to stifle competition is consistent with Apple’s established track record of engaging in conduct that protects and extends the dominance…

Jul 2022

Countering the Big Lie: The Role of the Courts in the Post Truth World

Edward D. Cavanagh, Professor of Law, St. John’s University School of Law

This Essay analyzes the role of the courts in handling Trump’s election lie.  It argues that the courts were certainly correct in giving short shrift to Trump’s lawsuits, but further that the courts should have done more than simply dismiss Trump’s claims.  Had the courts aggressively utilized existing tools to identify and punish prosecution of…

Jun 2022

Localizing Minimum Wage Laws: A Rural Perspective

Travis S. Andrews, J.D., University of Virginia, 2016

Since launching in 2012, the Fight for 15 movement has successfully lobbied for a $15 per hour minimum wage in many urban localities.[1]  Today, more than 50 localities have their own minimum wage laws that set a rate higher than state or national pay floors.[2]  Two of the primary justifications for raising the minimum wage…

Jun 2022

Racial Reckoning With Economic Inequities

Lisa M. Fairfax,  Alexander Hamilton Professor of Business Law, George Washington University School of Law

In response to the racial reckoning sparked by the police killings of George Floyd, Breonna Taylor and other unarmed Black men and women during the summer of 2020, many corporations publicly expressed their commitment to not only grapple with racial inequities in the economic sphere, but also increase racial diversity on their board, with particular…

Feb 2022

Toward a Law and Politics of Racial Solidarity

Luis Fuentes-Rohwer, Class of 1950 Herman B. Wells Endowed Professor of Law, Indiana University Maurer School of Law

Guy-Uriel Charles, Edward & Ellen Schwarzman Professor of Law, Co-Director, Center on Law, Race, and Politics, Duke Law School

The killings of George Floyd, Michael Brown, Trayvon Martin, and others have occurred under different factual circumstances, in different states, at the hands of both state and private actors, and have engendered different levels of outrage on the basis of their perceived egregiousness. Collectively and cumulatively, they have forced Americans to, once again, wrestle with…

Feb 2022

Mitigating the PSLF Disaster: Building a Borrower-Friendly Student Loan Forgiveness Program

Michael Slomovics, J.D., Yale Law School, 2021

In 2007, Congress promised student loan forgiveness to our teachers, public defenders, nurses, and other public servants. The bargain was simple: spend ten years in public service and your debt will be eliminated. Unfortunately for borrowers, the program turned out to be a disaster, with loan forgiveness denial rates as high as 99%. Individuals frequently…

Nov 2021

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