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Corporate Governance in a Crypto-World Regul. Gov. (IF 3.2) Pub Date : 2025-02-10 Sinclair Davidson
This paper explores the nature of governance both within and by blockchains and the economies they support. There is a widespread assumption that the proper governance model for these economies is political. In this paper, I make an alternative claim, namely that a more accurate model for blockchain governance is as a species of corporate governance. Political and corporate governance are similar,
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Outsourced, Inspected, and Effective? The Effect of Inspections on the Safety Performance of Prisons in England and Wales 2004–2012 Regul. Gov. (IF 3.2) Pub Date : 2025-02-10 Ayako Nakamura
While outsourcing of public services is today widespread, maintaining their quality remains a challenge. External inspections are seen as essential for overseeing private providers, yet their effectiveness has not been thoroughly investigated. This study evaluates the impact of pre-scheduled inspections on the performance of private and publicly operated prisons in England and Wales between 2004 and
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The Law of the Territories: Should It Exist? The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 James T. Campbell
“The Law of the Territories” is an emerging academic heading for legal scholarship on the status of U.S. territories. This Essay argues that the current momentum of this narrow “emerging field” presents an obstacle rather than a pathway to meaningful scholarly engagement, sidelining broader perspectives and more consequential inquiry.
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A Legacy of Discrimination: A Brief History of U.S. Territories in the American Bar Association The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 Anthony M. Ciolli
The American Bar Association (ABA) has done much to remedy its history of racial discrimination.? However, to this day, the ABA systematically discriminates against lawyers in four overwhelmingly nonwhite U.S. territories. This Essay examines the history of this discrimination and proposes a potential way forward to remedy it. ?
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Intersectional Imperial Legacies in the U.S. Territories The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 Susan K. Serrano
Women in the U.S. territories experience particularized harms often rooted in U.S. colonization and the territories’ political relationship with the United States. This Essay describes how traditional legal frameworks can sharply constrict available remedies and sketches the contours of a rational-basis-with-bite framework for assessing intersectional harms and legacies. ?
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The Origins of U.S. Territorial Taxation and the Insular Cases The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 Alex Zhang
This Essay examines Congress’s design of territorial revenue systems during 1898-1900. Eager to protect the federal fisc, lawmakers instituted tariffs between Puerto Rico and the mainland.? Their choices segregated the territories from the federal fiscal apparatus, prompted the Insular Cases, and created the territories’ distinct tax status as foreign countries. ?
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Gender Equality in World Athletics: Transnational Norm Development by Private International Organizations Am. J. Int. Law (IF 2.7) Pub Date : 2025-02-10 Michele Krech
This Article examines how World Athletics, a private regulatory body, has shaped the legal norm of gender equality. Focusing on three landmark legal challenges to World Athletics’ regulation of gender, this Article shows how the organization has constructed the meaning of gender equality as it has pursued global, monopolistic, and autonomous authority. World Athletics has retrofitted this norm to align
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Implied Terms In Treaties Am. J. Int. Law (IF 2.7) Pub Date : 2025-02-10 Cameron Miles
Can treaty terms be implied? And, if so, what does that mean? This Article draws on concepts from the branch of linguistics known as pragmatics to analyze how the rules on treaty interpretation allow, in exceptional cases, for the identification of implied terms in otherwise express treaty texts. Its key insight is that implied terms fit within the framework of Articles 31 and 32 of the Vienna Convention
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The Blockchain Treasury Governance Dilemma Regul. Gov. (IF 3.2) Pub Date : 2025-02-04 Darcy W. E. Allen, Chris Berg, Aaron M. Lane
Blockchain treasuries are pools of cryptocurrency earmarked for funding goods and services within a blockchain ecosystem, such as protocol upgrades. Blockchain participants, such as users and developers, face a trust problem in ensuring that the treasury is robust to opportunism, such as theft or misappropriation of the assets. Treasury governance structures, such as committees or stakeholder voting
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Gig-Economy Myths and Missteps The Yale Law Journal (IF 5.2) Pub Date : 2025-01-31 Sarah M. Levine
This Essay disputes the myth that employment, unlike independent contracting, is inherently inflexible. It traces the roots of this widely shared belief to corporate propaganda and rejects “third-category” legislation based on this fiction. Finally, the Essay cautions labor enforcers to avoid the third-category sham in negotiated misclassification settlements. ?
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AI and Captured Capital The Yale Law Journal (IF 5.2) Pub Date : 2025-01-31 Ifeoma Ajunwa
An AI arms race and a laissez-faire approach to globalization enable a borderless labor market without labor protections and the capture of workers’ capital. Proposed redress includes: (1) workers’ data as stake capital, (2) a data-licensing regime, and (3) a guaranteed income fund organized by the International Labor Organization. ?
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Data Laws at Work The Yale Law Journal (IF 5.2) Pub Date : 2025-01-31 Veena Dubal
Recognizing harms arising from the growing use of automated systems for labor control, the European Union (EU) has passed an array of digital-rights protections for workers. This Essay argues that the EU framework fails to account for the formal subordination of workers and proscribe the harms of algorithmic labor control. ?
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An Eco‐Social Policy Mix for 1.5°C Lifestyles: A Multi‐Country Policy Delphi Analysis Regul. Gov. (IF 3.2) Pub Date : 2025-02-01 Karlis Laksevics, Janis Brizga, Pia Mamut, Halliki Kreinin, Doris Fuchs, Inga Belousa
Bridging the gap between welfare and climate policies is essential for simultaneously pursuing increased well‐being and reduced carbon emissions. This study uses a policy Delphi approach, involving experts and stakeholders from five European countries: Germany, Hungary, Latvia, Spain, and Sweden, to assess the perceived desirability and feasibility of six eco‐social policies for enabling 1.5°C lifestyles
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The Three Lives of Mamengwaa: Toward an Indigenous Canon of Construction The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Matthew L.M. Fletcher
Many of the intractable political disputes that plague tribal nations can be traced to the reliance on legal principles that are poor fits in Indigenous contexts. I suggest the acknowledgment of an Indigenous canon of construction of tribal laws by tribal judiciaries that will benefit legal development in tribal nations. ?
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Refining Constitutional Torts The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 E. Garrett West
Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray because it vacillates between two conceptions of constitutional rights: rights that “nullify” changes to subconstitutional law and rights that impose “duties” on officers. The Feature defends a regime that embraces constitutional duties.
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The Credit Markets Go Dark The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Jared A. Ellias, Elisabeth de Fontenay
Mirroring the recent paradigm shift in corporate equity, corporate debt is now increasingly private and concentrated in the hands of investment funds. This Article chronicles the rise of private credit—loans originated by investment funds, rather than banks—and discusses its implications, including the potential loss of information and liquidity.
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Against the Work-Study Boundary: Synthesizing Title VII and Title IX Protections for Student-Employees The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Alexandra R. Johnson
Courts routinely deny student-employees facing sex discrimination the expansive Title VII protections they deserve, and student-employees often fail to bring Title IX claims that more fulsomely capture this discrimination. Looking forward, courts should synthesize Title VII’s protections with Title IX’s coverage by considering education-based evidence when evaluating Title VII claims.
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The New Standing Doctrine, Judicial Federalism, and the Problem of Forumless Claims The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Adam Flaherty, Isaiah W. Ogren
The Supreme Court’s new standing cases have further narrowed the class of claims justiciable in federal court. Some state courts have followed suit, leaving valid federal claims without any viable forum. We argue that the Supremacy Clause requires state courts to vindicate federal rights by hearing some of these claims.
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The Impact of Emergencies on Corruption Risks: Italian Natural Disasters and Public Procurement Regul. Gov. (IF 3.2) Pub Date : 2025-01-25 Mihaly Fazekas, Shrey Nishchal, Tina Soreide
Theory and case studies suggest that emergencies and disasters increase corruption, especially in public procurement, hampering relief and reconstruction efforts. Despite a growing interest in the topic, including in research, there is still little systematic evidence about these effects, their structure and trajectories. We set out to investigate the medium‐term impact of disasters on corruption risks
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Issue Information Regul. Gov. (IF 3.2) Pub Date : 2025-01-22
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Does the Background of the Regulator Matter? The Role of Expertise and Diversity on the Perceived Competence of Regulatory Bodies Regul. Gov. (IF 3.2) Pub Date : 2025-01-21 Ixchel Perez‐Duran, Yannis Papadopoulos, Bastiaan Redert, Juan Carlos Trivi?o‐Salazar
This paper examines expertise and professional diversity within new (agencies and central banks) and traditional (ministries) regulatory bodies (RBs) and assesses their effect on the perceived competence of RBs. In particular, we address the following research questions: To what extent do members of RBs have expertise and display diversity in terms of their professional trajectories? How do expertise
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Subsidizing Unprofitable Industries: The Political Determinants of Agro‐Industrial Policy in French Overseas Departments Regul. Gov. (IF 3.2) Pub Date : 2025-01-20 Thibaut Joltreau
Why do states subsidize unprofitable industries? This paper applies the Programmatic Action Framework and adapts it to neocorporatist settings to uncover the political determinants of industrial policies. Empirically, it explores how a longstanding coalition of economic, administrative and political actors has maintained public funding for the sugarcane agro‐industry in French overseas departments
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Insiders and Outsiders: The Role of Human Agents and Networks in System Change Regul. Gov. (IF 3.2) Pub Date : 2025-01-20 Miranda Forsyth, Anthea Roberts
This article focuses on the roles of insiders or outsiders in order to theorize the role that human agents play in systems change. It asks: (1) what strengths and weaknesses do insiders and outsiders have respectively as agents of change; and (2) what strategies are available to use these insights to increase, or to limit, the prospects of significant and lasting change? Drawing on an interdisciplinary
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The state of open science in the field of psychology and law. Law and Human Behavior (IF 2.4) Pub Date : 2025-01-20 Melanie B Fessinger,Bradley D McAuliff,Anthony D Perillo
OBJECTIVE We conducted a survey to catalog the state of open science in the field of psychology and law. We addressed four major questions: (a) How do psycholegal researchers define open science? (b) How do psycholegal researchers perceive open science? (c) How often do psycholegal researchers use various open science practices? and (d) What barriers, if any, do psycholegal researchers face or expect
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Copyright, Meet Antitrust: The Supreme Court’s Warhol Decision and the Rise of Competition Analysis in Fair Use The Yale Law Journal (IF 5.2) Pub Date : 2025-01-17 Christopher Jon Sprigman
In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court?noted that whether defendant’s work competes with plaintiff’s is a key element of the fair-use analysis. This Essay argues that antitrust law offers valuable guidance for assessing competition in copyright law.? ?
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A Legislative Response to 303 Creative The Yale Law Journal (IF 5.2) Pub Date : 2025-01-14 Ian Ayres, Jennifer Gerarda Brown
States should respond to the U.S. Supreme Court’s 303 Creative decision by enacting implied warranties of nondiscrimination. Making nondiscrimination a publicly disclaimable default would facilitate informed consumer choice and mitigate the dignitary harms of point-of-sale discrimination. ?
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The Politics and Perverse Effects of the Fight Against Online Medical Misinformation The Yale Law Journal (IF 5.2) Pub Date : 2025-01-13 Evelyn Douek
Platforms’ content moderation of medical misinformation has become one of this era’s biggest political controversies. This Essay traces how platforms’ choices during the COVID-19 pandemic became so politicized, and how the category “medical misinformation” cannot be used to skirt important questions about the legitimacy of platform power over public discourse. ?
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The Role of Political Actors in Realizing Sustainable European Energy Markets: Insights From the Trinational Upper Rhine Region Regul. Gov. (IF 3.2) Pub Date : 2025-01-10 Franziska Leopold, Bianca Blum, Dominik Schr?der
Against the background of the European decarbonization strategy, this study examines the extent to which the expansion of renewable energies can lead to tensions with the social and ecological dimensions of the sustainability concept. The study is based on qualitative interviews with 66 experts conducted in the trinational metropolitan region of the Upper Rhine in Germany, France, and Switzerland.
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More Than One Agent? Authority Expansion and Delegation Dynamics in the EU Regul. Gov. (IF 3.2) Pub Date : 2025-01-08 Anastasia Ershova
Recent studies focus on the issue of authority transfer to supranational institutions. While examining the opportunities and obstacles for expanding the Union's competencies, this literature often overlooks the effects of adopting ambitious policies on their implementation modes. This paper argues that the costs associated with the expansion of EU authority and opportunities for blame‐shifting drive
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Disembedded: Regulation, Crisis, and Democracy in the Age of FinanceBy BasakKus, Oxford: Oxford University Press, 2024, 200 pp. $29.95 (paperback). ISBN: 9780197764879 Regul. Gov. (IF 3.2) Pub Date : 2024-12-10 Jorge Díaz‐Lanchas
Conflicts of Interest The author declares no conflicts of interest.
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More Policies, More Work? An Epidemiological Assessment of Accumulating Implementation Stress in the Context of German Pension Policy Regul. Gov. (IF 3.2) Pub Date : 2024-12-09 Christian Adam
Research on policy accumulation established the hypothesis about a creeping divergence between implementation burdens and implementation capacity. This paper revisits this hypothesis using improved measures of implementation burden. Using official data on administration and enforcement costs, it finds that policy accumulation does raise implementation stress within the German Statutory Pension Insurance
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The Invention of Immigration Exceptionalism The Yale Law Journal (IF 5.2) Pub Date : 2024-11-30 Adam B. Cox
Everyone believes that immigration law has been exceptional since its late nineteenth-century birth—insulated from judicial review by the Court’s creation of the “plenary power doctrine.” But early immigration law was actually ordinary public law. Recovering this reality has profound implications for scholars of immigration and public law alike.
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Time and Punishment The Yale Law Journal (IF 5.2) Pub Date : 2024-11-30 S. Lisa Washington
The legal system’s ability to control people’s time is a form of dominion that exacerbates the structural disadvantages that marginalized families already face. Constriction, stretching, and indeterminacy are important aspects of temporal marginalization in the family regulation system. Considering the experience of time is one step towards understanding its impacts. ?
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Supply-Chain Wage Theft as Unfair Method of Competition The Yale Law Journal (IF 5.2) Pub Date : 2024-11-30 Eamon Coburn
This Note argues that wage theft in the fissured economy is a competition problem, not just a labor problem. It first recovers a historical understanding of substandard wages as an unfair method of competition. It then proposes FTC action against supply-chain wage theft using Section 5 of the FTC Act. ?
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Assessing Input Legitimacy of Occupational Pensions in Europe Regul. Gov. (IF 3.2) Pub Date : 2024-11-28 Thomas Mayer, Tobias Wi?
As private asset‐based welfare like funded occupational pension schemes gain importance, legitimacy concerns arise due to financial market downturns and low investment returns. This paper assesses their input legitimacy by distinguishing between individual‐direct and collective‐representative input possibilities in decision‐making processes. We argue that individual‐direct input possibilities decrease
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AI and the Sound of Music The Yale Law Journal (IF 5.2) Pub Date : 2024-11-22 Edward Lee
Today, AI enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress should respond to AI’s seismic disruptions to the music industry based on the principles of technology neutrality, expansive authorship, and rebalancing of copyright. ?
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The Miranda penalty: Inferring guilt from suspects' silence. Law and Human Behavior (IF 2.4) Pub Date : 2024-11-21 Megan L Lawrence,Emma R Saiter,Rose E Eerdmans,Laura Smalarz
OBJECTIVE Despite the risks inherent to custodial police interrogation, criminal suspects may waive their Miranda rights and submit to police questioning in fear that exercising their rights or remaining silent will make them appear guilty. We tested whether such a Miranda penalty exists. HYPOTHESES We predicted that people would perceive suspects who invoke their Miranda rights or sit in silence during
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Scenes From a Sociolegal Career: An Informal Memoir Regul. Gov. (IF 3.2) Pub Date : 2024-11-19 Robert A. Kagan
This memoir describes the 40‐year unfolding, project by project, of my sociolegal field research on legal and regulatory processes. It provides brief accounts of my interactions and interviews with regulatory officials and with businesspeople responsible for regulatory compliance. It also describes my ventures into the cross‐national comparison of legal and regulatory institutions and the political
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Bind Us Together: Coalitional Public Policy Advocacy in Medical-Legal Partnerships The Yale Law Journal (IF 5.2) Pub Date : 2024-11-14 James Bhandary-Alexander, Dina Shek
The Medical-Legal Partnership (MLP) model promotes direct services and public policy advocacy by lawyers incorporated into medical teams. Drawing on personal experiences, this Essay proposes that to accomplish policy change, MLP practitioners organize and be organized into community coalitions built and maintained around a robust vision of health justice.? ?
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Extraterritoriality's Empire: How Self-Determination Limits Extraterritorial Lawmaking Am. J. Int. Law (IF 2.7) Pub Date : 2024-11-15 Evan J. Criddle
In recent years, a growing number of countries have courted controversy by regulating activities outside their borders. They have used extraterritorial lawmaking to cultivate competitive global markets, strengthen or weaken data privacy, combat foreign terrorism and military aggression, promote human rights abroad, and suppress political dissent at home. This Article explores whether extraterritorial
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International Law in Gaza: Belligerent Intent and Provisional Measures Am. J. Int. Law (IF 2.7) Pub Date : 2024-11-15 Tom Dannenbaum, Janina Dill
On October 7, 2023, Palestinian armed groups, chiefly Hamas's armed wing, breached the fence around the Gaza strip and launched attacks on Israeli territory. Over several hours, Palestinian fighters killed 1,269 people, mostly civilians, engaged in sexual violence and torture, and took 253 hostages. The same day, Israel's Prime Minister Benjamin Netanyahu declared, “Israel is at war,” and the Israel
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The Australia-Tuvalu Falepili Union Treaty: Statehood and Security in the Face of Anthropogenic Climate Change Am. J. Int. Law (IF 2.7) Pub Date : 2024-11-15 Alex Green, Douglas Guilfoyle
On November 9, 2023, Prime Minister Albanese of Australia and then Prime Minister Natano of Tuvalu signed the Australia-Tuvalu Falepili Union Treaty in Rarotonga (Falepili Union Treaty or the Treaty). The preamble explains that “the concept of Falepili . . . connotes the traditional values of good neighbourliness, duty of care and mutual respect.” It sets a groundbreaking precedent for Small Island
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Just About Time: International Law's Temporalities and Our Moment in History Am. J. Int. Law (IF 2.7) Pub Date : 2024-11-15 Sivan Shlomo Agon, Michal Saliternik
Time is a Pandora's box that international lawyers have long been reluctant to fully open. Perhaps unwilling to tackle the complexities this elusive concept presents, or loath to confront past wrongs and future threats that might arise from the fabled box, international jurists have left core questions of time and international law largely underexplored. In so doing, however, they have overlooked time
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The Second Amendment’s Second Sex The Yale Law Journal (IF 5.2) Pub Date : 2024-11-12 Michael R. Ulrich
This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse. ?
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Analysis of Institutional Design of European Union Cyber Incident and Crisis Management as a Complex Public Good Regul. Gov. (IF 3.2) Pub Date : 2024-11-09 Mazaher Kianpour, Christopher Frantz
Effective cyber incident response and crisis management increasingly relies on the coordination of relevant actors at supranational levels. A polycentric governance structure is one of the institutional arrangements that can promote active participation of involved actors, an aspect decisive for the rapid and effective response to cyber incidents and crises. This research aims to dissect whether, and
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Comparing predictive validity of Youth Level of Service/Case Management Inventory scores in Indigenous and non-Indigenous Canadian youth. Law and Human Behavior (IF 2.4) Pub Date : 2024-11-07 Michele Peterson-Badali
OBJECTIVE There is an increasing recognition of the necessity to establish the predictive validity of risk assessment scores within specific population subgroups, particularly those (including Indigenous peoples) who are overrepresented in the criminal justice system. I compared measures of discrimination and calibration of the Youth Level of Service/Case Management Inventory (YLS/CMI) in Indigenous
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The Water District and the State The Yale Law Journal (IF 5.2) Pub Date : 2024-10-31 Dave Owen
In much of the American West, local special districts with undemocratic governance structures and archaic boundaries dominate water governance. In some places, they are expanding their reach into new policy realms. This Article explains how these governance systems evolved, why they are problematic, and how state governments can respond.
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Reconstructing Critical Legal Studies The Yale Law Journal (IF 5.2) Pub Date : 2024-10-31 Samuel Moyn
Had the critical legal studies movement never existed, it would have to be invented today. That movement framed law as a forceful instrument of domination but one compatible with both functional and interpretative underdeterminacy. Its discoveries are indispensable to any successor venture, including the current law-and-political-economy movement.
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Auto Clubs and the Lost Origins of the Access-to-Justice Crisis The Yale Law Journal (IF 5.2) Pub Date : 2024-10-31 Nora Freeman Engstrom, James Stone
A century ago, auto clubs offered an astonishing array of legal services, representing members in civil and criminal cases, on both sides of the proverbial “v.” But in the 1930s, bar associations decimated these clubs, alongside other group-legal-service providers—and, we argue, sowed the seeds of the current access-to-justice crisis. ?
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The Political Economy of Arbitration Law The Yale Law Journal (IF 5.2) Pub Date : 2024-10-31 Gustavo Berrizbeitia
The prevalent academic critique of arbitration, the access-to-justice critique, fails to account for arbitration’s influence on how firms organize themselves. This Note offers a new critique of arbitration from a political economy perspective, arguing that today’s highly restrictive arbitration law greatly benefits firms organized as gig platforms.? ?
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Regional gender bias and year predict gender representation on civil trial teams. Law and Human Behavior (IF 2.4) Pub Date : 2024-10-31 Hannah J Phalen,Megan L Lawrence,Kristen L Gittings,Emily N Line,Sara N Thomas,Rose E Eerdmans,Taylor C Bettis,John C Campbell,Jessica M Salerno
OBJECTIVE There are documented gender disparities in the legal field. We examined whether gender representation on civil trial teams varied on the basis of (a) the degree of regional gender bias "in the air" and (b) time. HYPOTHESES We hypothesized that women were underrepresented both on trial teams and in leadership roles within those teams. We predicted that these gender disparities were exacerbated
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Toward a Standard Measure of Gun Ownership: A Methodological and Theoretical Quandary in Firearm Research Justice Quarterly (IF 2.6) Pub Date : 2024-10-28 Nathaniel M. Schutten, Justin T. Pickett, Kevin H. Wozniak, Elizabeth K. Brown
One limitation of the literature on gun ownership is a lack of consensus regarding how to operationalize the dependent variable. Consequently, gun measures vary widely across studies, and findings ...
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The Political Influence of Proxy Advisors in Campaigns for Ethical Investment: Guiding the Invisible Hand Regul. Gov. (IF 3.2) Pub Date : 2024-10-30 Ainsley Elbra, Erin O'Brien, Martijn Boersma
Large, listed companies are under increasing pressure to respond to critical issues such as climate change, modern slavery, and the protection of First Nations' heritage. Much of this pressure is exerted by civil society actors through corporate governance mechanisms, including leveraging shareholder rights to lobby firms. At the heart of this process sit largely understudied actors, proxy advisors
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Against Ventriloquizing Children: How Students’ Rights Disguise Adult Culture Wars The Yale Law Journal (IF 5.2) Pub Date : 2024-10-28 Rita Koganzon
This Essay argues against the pursuit of students’ rights, which function mainly as a smokescreen behind which adults have advanced their own partisan agendas in our culture wars. Independent rights for students are both theoretically untenable and politically damaging to our liberal democracy. ?
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“Safety, in a Republican Sense”: Trump v. United States, Democracy, and an Antisubordination Theory of the Criminal Law The Yale Law Journal (IF 5.2) Pub Date : 2024-10-25 Jacob Abolafia
Democratic governance requires holding the powerful to account. This Essay therefore proposes a broad antisubordination theory of the criminal law which grapples directly with disparities in power, rather than obscuring them under the guise of formal equality. Neither formal equality nor its alternative, prison abolitionism, can adequately protect democracy. ?
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Lived experiences of bias in compensation and reintegration associated with false admissions of guilt. Law and Human Behavior (IF 2.4) Pub Date : 2024-10-24 Mary Catlin,Talley Bettens,Allison D Redlich,Kyle C Scherr
OBJECTIVE Some exonerees receive compensation and aid after being exonerated of their wrongful convictions, and some do not. Looking beyond differences in state statutes, we examined possible reasons for biases in receiving compensation (via statutes or civil claims) and other reintegration services. More specifically, we examined how two unique types of false admission of guilt (i.e., false confessions
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The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths. Law and Human Behavior (IF 2.4) Pub Date : 2024-10-21 Jonathan R Cohn,Rachael T Perrault,David C Cicero,Gina M Vincent
OBJECTIVE Identification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method
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A Sleeping Giant? The ENMOD Convention as a Limit on Intentional Environmental Harm in Armed Conflict and Beyond Am. J. Int. Law (IF 2.7) Pub Date : 2024-10-17 Joanna Jarose
This Article reinterprets the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD) to show how it might rationally strengthen protections for the environment against intentional damage by states, particularly during armed conflict. The Article applies the orthodox rules of treaty interpretation to analyze in depth the Convention text
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Neutrality and Governance in a Weaponized World Am. J. Int. Law (IF 2.7) Pub Date : 2024-10-17 J. Benton Heath
About a decade ago, the neural network of the international financial system underwent an identity crisis. Since its establishment in 1973, the Society for Worldwide Interbank Financial Telecommunication (Swift) had become the world's dominant system for transmitting information about financial transactions, handling up to 20 million messages per day across 212 jurisdictions. The Belgium-based company
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Institutional Anomie Theory and Country-Level Public Corruption Justice Quarterly (IF 2.6) Pub Date : 2024-10-14 Mateus R. Santos, Richard K. Moule Jr., Alexander Testa, Douglas B. Weiss
Public-sector corruption siphons trillions of dollars from the global economy and contributes to social instability. Institutional Anomie Theory, with its focus on the links between social institut...