This paper examines the treatment and processing of immigration court decisions for unaccompanied alien children (UAC) in the United States from 2013–2017. We focus on two primary questions in our research: 1) whether asylum cases involving UAC are substantially different in outcome than non–UAC cases; and 2) whether there have been significant differences in the immigration courts’ asylum decisions

On 16 December 2020, the European Commission delivered on the plans proposed in the European Digital Strategy by publishing two proposals related to the governance of digital services in the European Union: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The much-awaited regulatory reform is often mentioned in the context of content moderation and freedom of expression, market power

The Paris Agreement11 on climate change reached its fifth anniversary in December 2020. A few days prior to this anniversary, the Secretary-General of the United Nations delivered his State of the Planet speech, in which he declared: ‘Humanity is waging war on nature.

Environmental changes, such as sea level rise and coastal erosion, have an increasing impact on coastlines worldwide. Unilaterally declared maritime limits are generally determined by reference to coastlines and they are only binding insofar as they conform to the applicable law. Bilateral maritime boundaries are not equally affected by changing coastal geography because, once established, they are

In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers’ private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid workers to enter camps where migrants lived. Yet there

In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos

Self-binding directives (SBDs) are a special type of psychiatric advance directive by means of which mental health service users can give advance consent to compulsory hospital admission or treatment during a future mental health crisis. SBDs are legally binding in the Netherlands since 2008. On the 1st of January 2020, the Dutch Law on Special Admissions to Psychiatric Hospitals (Wet bijzondere opnemingen

Research shows that memory for conversation is poor. People generally remember gist rather than verbatim and recalled memories of specific sentences are reconstructed to reflect gist memories. Memories of specific sentences that are reconstructed from gist memory are almost certainly not accurate. This study explores a case in which the court nevertheless considers verbatim memories to hold more weight

The current study represents the first investigation into feigned Miranda abilities using an inpatient population. We investigated the use of a very generic measure (i.e., the Structured Inventory of Malingered Symptomatology, or SIMS) as well as two specialized forensic feigning measures: the Miranda Quiz (MQ) and Inventory of Legal Knowledge (ILK). With a quasi‐random assignment, 82 acute inpatients

Over the past several years, an online community of self‐described “incels,” referring to involuntary celibates, has emerged and gained increased public attention. Central to the guiding incel ideology and master narrative are violent misogynistic beliefs and an attitude of entitlement, based on male gender and social positioning, with respect to obtaining desired and often illusory sexual experiences

Two randomly drawn samples of mothers and fathers of young children in New York and Texas were assessed for both partner physical aggression and physical child abuse. Overall, both minor and severe physical aggression against a partner were associated with an increased likelihood of physical child abuse. However, even for severe aggression in these randomly drawn community samples, the likelihood of

In the last 10 years, Artificial Intelligence (“AI”) has become a buzzword hovering over many industries, including the legal industry. It is a concept that we all think we understand based on the media or our own experiences with Amazon's Alexa, Apple's Siri or IBM's Watson. Yet, the fact is that the majority of us have little to no understanding of AIs current practical application in our own industry

The recent WTO dispute case, Korea–Import Bans, and Testing and Certification Requirements for Radionuclides, illustrates complex legal issues and significant political implications associated with the regulatory autonomy of a sovereign country under the WTO Agreement on Sanitary and Phytosanitary Agreement (SPS Agreement). There has been constant tension between the sovereign right of a WTO member

This paper examines the extent to which law and regulation protects students renting from private individuals or private companies, as opposed to universities, in both of the main types of student accommodation, the private rented sector (PRS) and purpose-built student accommodation (PBSA). It first examines the different problems faced by students in both tenure types, notably issues of repair and

Nominations to the US Supreme Court have become increasingly important and contentious in America politics in recent decades. Reasons include the growing significance of constitutional law to the prospects of political power, accompanied by historical developments in the relative power of the competing party coalitions that have placed even more focus on the composition of the Court. Meanwhile, partisan

The Cambridge Handbook of US Labor Law for the Twenty-First Century decries federal labor law for forsaking American workers and undermining American unions. Its contributors seek a reformed labor law for the current century. In this review essay, I examine the handbook’s contention that federal labor law has failed. To assess the merits of the claim, we must test the foundations of its contributors’

Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for entrenching the system over objections from the agency

Abstract This article traces a cultural shift in ‘consent humour’ by contrasting a Saturday Night Live skit that aired in 1993 mocking affirmative consent with the 2015 ‘Tea and Consent’ video produced by the Thames Valley police, in 2015, which insists that ‘consent is everything’. By reflecting on the cultural contexts and the ‘humour ideologies’ that underlie these examples, the article rejects

Objective Although drug treatment courts (DTCs) have demonstrated positive outcomes, participants with co-occurring mental health and substance use disorders (CODs) are a high-risk group that often struggle with treatment engagement not previously examined. This pilot study fills this gap by looking at six-month behavioral health and criminal justice outcomes among a hard to engage DTC COD participant

Evidence on the relationship between government size and corruption is mixed, and might be misleading, as government size is usually measured by fiscal size. The core hypothesis in this research is that the type of government intervention in the economy – rather than the size of government – is a key explanatory factor for corruption. The empirical analysis disentangles the effects of the two main

GriglioElena. Parliamentary Oversight of the Executives – Tools and Procedures in Europe. Hart Publishing, 2020, Volume 4 in the series Parliamentary Democracy in Europe. ISBN 978-1-5099-2568-1

The Universal Periodic Review (UPR) of the United Nations Human Rights Council is an innovative monitoring mechanism in the international human rights law system. As the UPR matures, scholars have increasingly sought to stand back and understand it as a process. In this article, I take work in this vein further by considering more closely the actors involved in the UPR – humans and objects – and highlighting

The right to privacy has long been regarded as a liberal progressive principle, one that guarantees gender-based equality and liberty in the domain of reproductive rights. Since the US Supreme Court’s renowned articulation of privacy in Roe v. Wade, privacy’s opponents have condemned the right as an illegitimate judicial invention with no basis in the Constitution. This article addresses the puzzle

AbstractThe question of who should own the copyright of a creative work by an artificial intelligence (Al) is as yet largely unanswered. Due to the author’s increased distance from the works being created, the granting of copyright protection to AI has not been forthcoming. This article assesses the prevalence of AI- and computer-generated works in which, beyond the initial input, the works produced

I submit that a Constituent Assembly not only frames a constitution, but also gives people a new framework of life.Dakshayani Velayudhan, Dec. 9, 1946, in 1 Constituent Assembly of India Debates

The adoption of the Guiding Principles for Business and Human Rights by the United Nations (UNGPs) in 2011 created a new governance instrument aimed at improving the promotion of human rights by business enterprises. While reaffirming states duties to uphold human rights in law, the UNGPs called on firms to promote the realization of human rights within global markets. The UNGPs thus have sought to

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first

Scarcity sharpens the conflict between short term gains and long term sustainability. Psychological research documents that decision makers focus on immediate needs under scarcity and use available resources more effectively. However, decision makers also borrow too much from future resources and overall performance decreases as a consequence. Using an online experiment, we study how scarcity affects

Some say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, inter alia, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the

This study aims to deepen our understanding of the perception of fairness in child support agreements. We build on the theory of reaching agreements and current knowledge considering justice perceptions in child support cases, applied to the specific case of Belgium, which lacks a uniform system for child support determination. Using qualitative in‐depth interviews conducted with both ex‐partners of

Online dispute resolution procedures provide flexibility that may be needed by many families to solve a variety of matters that cross‐international borders. These matters include, but are not limited to, child custody and child support. When using these procedures, families with cross‐border issues should consider requirements in the countries in which the families find themselves particularly if they

We provide empirical insight into the consequences of the Covid19 pandemic for the administration of justice. Drawing on a comprehensive monthly panel of Brazilian labor courts and using a difference-in-difference approach, we show that the pandemic has had a large and persistent deleterious effect on adjudicatory efficacy, leading to a massive decrease in the clearance rate and an increase in court

The COVID‐19 pandemic has had, and continues to have, a broad, deep, and pervasive impact on our lives, our work, and how our justice system functions. While it is easy to contemplate the “system” as a massive behemoth that is impervious, impersonal, and impenetrable, the truth is that the “system” is made up of people. The men and women whose work is the building blocks of the justice system are individuals

Although parental compliance with court orders in child welfare cases is key to achieving physical parent‐child reunification and successful case closure, little research has examined how parent‐child relationship‐focused rehabilitative services uniquely influence case outcomes. This project fills this gap by investigating links between court ordering of and parental participation in Child‐Parent Psychotherapy

This study examines the empirical research on legal representation in delinquency proceedings and situates it in the broader investigation of how states provide legal assistance to juvenile defendants. Our review of empirical studies found that attorney presence was an aggravating factor in dispositional decisions. After closely examining state statutory provisions on legal representation in juvenile

Callous‐unemotional (CU) traits (e.g., lack of guilt and empathy) are a risk factor associated with antisocial behavior. Youth with CU traits can be differentiated by varying levels of co‐occurring anxiety. In this study, we examined CU variants in incarcerated adolescent females (n = 109) and their associations with emotional and behavioral problems and history of maltreatment. Semi‐structured interviews

Estimates suggest that upwards of 50% of participants in adult treatment courts (ATC) are parents. Previous studies point to negative impacts of unmet parenting needs on substance use treatment and criminal justice outcomes, and that family‐centered practices such as parenting classes substantially reduce recidivism among ATC participants. Judges and team members interested in adopting family‐centered

This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing

Over a century after the Progressives’ devised “living constitutionalism,” its latter day adherents have fought conservatives’ originalism to an intellectual standstill and a political rout. Bookended by discussions of three books by legal liberals (Jack Balkin, Erwin Chemerinsky, Geoffrey Stone and David Strauss) and a book and article by progressive constitutional scholars (Mark Tushnet, David Pozen

Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative

Admissibility of questions for preliminary ruling – Independence of courts and tribunals in the case law of the Court of Justice of the European Union as Dorsch Consult criterion under Article 267 TFEU – Independence of courts and tribunals in the case law of the Court of Justice of the European Union as element of the Rule of Law value under Article 19 TEU – Structural inadmissibility of questions

I submit that a Constituent Assembly not only frames a constitution, but also gives people a new framework of life.Dakshayani Velayudhan, Dec. 9, 1946, in 1 Constituent Assembly of India Debates

We evaluated the long‐term impact of father supportive behaviors post‐divorce on youth physical health perceptions, mediated through youth's protective resources. Youth (N = 240; 49% female, 88% Caucasian) reported on father supportive behaviors post‐divorce four times (between ages 9–12), protective resources once (age 15–19), and perceptions of physical health at age 24–28. Higher father support

Abstract Across the globe, deforestation and conflicts over forests are taking place on a frontier of competing claims, narratives and worldviews, expressed through territoriality, normative orders, and forms of violence against people and nature. Policymakers have yet to find solutions that effectively address this crisis over human-forest relations in ways that are also equitable for forest peoples

The Editorial Board of the Journal of Law, Economics, and Organization acknowledges the assistance of:

Two controversial rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) deserve global attention, since they declined to scrutinize on human rights grounds the prevalent move towards enhanced border controls and externalization practices that define European asylum law and policy at this juncture. In ND and NT, judges deemed the Spanish policy of ‘hot returns’, without access to

The COVID-19 pandemic and its resulting disruptions are having a significant impact on the global economy and international investments. Various State measures to address the pandemic are leading to widespread economic disruptions across several industries, including the energy sector. The current crisis has impacted energy demand, disrupted the global supply chain and created financial uncertainty

Special economic zones (SEZs) have spread rapidly over the past 20 years, including in many low- and middle-income countries keen to attract private investment for industrial development. But while much debate has focused on their economic performance and success factors and on links with the wider architecture of international economic law, there are enduring concerns over respect for labour rights

Abstract The Chief Justice is viewed as the leader of the Supreme Court. In their position of leadership, many –including the Chief Justice– believe it is incumbent upon the Chief Justice to maintain and enhance the Court’s institutional legitimacy. This paper hypothesizes that because the Chief Justice is concerned with the Court’s legitimacy, he will be influenced by public opinion to a greater extent

Many governmental incentives unilaterally offered in special economic zones affect competition in international markets and thus fall within the scope of the World Trade Organization’s Agreement on Subsidies and Countervailing Measures. Until very recently, products made in such zones could face countervailing duty investigations abroad on a charge of improper subsidization. In 2019, the World Trade

AbstractAmid pressure to increase the efficiency and effectiveness of the International Criminal Court (ICC), work has progressed on the development of a set of performance indicators for the ICC. This article argues that performance indicators play into tensions that underpin the international criminal justice process at the ICC, in particular between expeditiousness, on the one hand, and fairness

This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.

A common objection to paternalism concerns its expressive content. Many reject paternalistic policies and actions on the ground that they arguably involve insulting expressions of disrespect toward those subjected to them. The paper challenges this view. It argues that refraining from acting paternalistically can be disrespectful. Specifically, the paper argues that there is a relevant way in which

The Canadian forensic mental health system was transformed following the two landmark Supreme Court of Canada cases of Regina v. Swain (1991) and Winko v. British Columbia (1999). The Swain decision led to the creation of a new forensic mental health system that moved towards balancing the needs of the patient with the safety of the public. The Winko decision ruled that review boards had to release

When should the criminal law intervene to deter and punish the promulgation of falsehoods that are intended to influence political – electoral or referendum ‐ campaigns? I will scrutinise the protection that UK criminal law provides for the interests of candidates, referendum campaigners and voters, from the (potential) effects of damaging falsehoods. I suggest that neither the protection of candidates’

The protection of national security has traditionally been an exception to general norms of public accountability, based on prerogative powers. The last three decades have seen efforts to bring national security closer to the normal constitutional control mechanisms of parliament and the courts. The design of and changes to mechanisms of accountability have, however, been accepted without discussion

Bruce Wardhaugh, Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition, Oxford: Hart, 2020, 272 pp, hb £70.00 Competition law scholarship tends to be preoccupied with questions of substance. ‘More’ or ‘less’ intervention? Contentment or concern with concentrated markets? Which business practices should be prohibited? These are key issues with significant consequences

The existence of a strong link between socio-economic background and individual preferences has been documented among both children and grown-ups. Here, we study whether such a correlation persists even in a highly homogeneous population of young adults: university students. Our findings indicate that participants living in an area characterized by a high socio-economic environment tend to trust more

Prospect theory emerged as one of the leading descriptive decision theories that can rationalize a large body of behavioral regularities. The methods for eliciting prospect theory parameters, such as its value function and probability weighting, are invaluable tools in decision analysis. This paper presents a new simple method for eliciting prospect theory’s value function without any auxiliary/simplifying

When should the criminal law intervene to deter and punish the promulgation of falsehoods that are intended to influence political – electoral or referendum ‐ campaigns? I will scrutinise the protection that UK criminal law provides for the interests of candidates, referendum campaigners and voters, from the (potential) effects of damaging falsehoods. I suggest that neither the protection of candidates’