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Effects of Correctional Body-Worn Cameras on Responses to Resistance: A Randomized Controlled Trial in a Jail Setting Justice Quarterly (IF 3.985) Pub Date : 2024-03-15 Daniel S. Lawrence, Bryce E. Peterson, Michael D. White, Brittany C. Cunningham, James R. Coldren Jr
Little is known about the scope of use-of-force incidents in carceral settings, nor the impact of efforts to control it. Correctional agencies have recently begun adopting body-worn cameras (BWCs) ...
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Hayek Goes to Family Court The Yale Law Journal (IF 4.986) Pub Date : 2024-03-13 Jackson Neagli
Applying Hayek’s theory of law and liberty to contemporary American family law, this Essay concludes that family-law scholars—especially those undertaking distributional analyses—would benefit from greater attention to the Hayekian values of predictability, adaptation, and equal application.
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Facilitating Future Workforce Participation for Stay-at-Home Parents: Mitigating the Career Costs of Parenthood The Yale Law Journal (IF 4.986) Pub Date : 2024-03-13 Isabella Soparkar
Current policies help parents stay in the workforce after having children. But what about the quarter of American mothers who choose to become stay-at-home moms, then later face employment obstacles? This Essay proposes expanding worker opportunity tax credits and Title VII to help stay-at-home parents return to work when ready.
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Unofficial intermediation in the regulatory governance of hazardous chemicals Regul. Gov. (IF 3.203) Pub Date : 2024-03-11 Erik Hysing, Sabina Du Rietz Dahlström
Regulatory intermediaries—organizations that operate between regulators (public and private) and target groups—perform a range of important functions. While most previous research has focused on intermediaries that have been delegated official authority, in this paper we focus on unofficial and informal intermediary functions aiming to advance the governance of per‐ and polyfluoroalkyl substances (PFAS)
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The Insidious War Powers Status Quo The Yale Law Journal (IF 4.986) Pub Date : 2024-03-08 Rebecca Ingber
This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.
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War Powers Reform: A Skeptical View The Yale Law Journal (IF 4.986) Pub Date : 2024-03-08 Matthew C. Waxman
Debates about war powers focus too much on legal checks and on the President’s power to start wars. Congressional checks before and during crises work better than many reformists suppose, and there are ways to improve Congress’s political checking without substantial legal reform.
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European administrative networks during times of crisis: Exploring the temporal development of the internal market network SOLVIT Regul. Gov. (IF 3.203) Pub Date : 2024-03-09 Reini Schrama, Dorte Sindbjerg Martinsen, Ellen Mastenbroek
European administrative networks (EANs) are an increasingly prominent form of European Union (EU) governance. Although these networks are typically portrayed as important and flexible forms of organization, we lack knowledge of their temporal dimension, including their development in times of crisis. This paper provides a first analysis of network interaction as it unfolds before and during times of
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Abortion Pills Stanford Law Review (IF 5.04) Pub Date : 2024-02-29 David S. Cohen, Greer Donley & Rachel Rebouché
Abstract not available
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Conspiracy Jurisdiction Stanford Law Review (IF 5.04) Pub Date : 2024-02-29 Naomi Price & Jason Jarvis
Abstract not available
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(Extra)ordinary Tort Law: Evaluating the Federal Tort Claims Act as a Constitutional Remedy Stanford Law Review (IF 5.04) Pub Date : 2024-02-29 Olivia Goldberg
Abstract not available
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The Unabridged Fifteenth Amendment The Yale Law Journal (IF 4.986) Pub Date : 2024-02-29 Travis Crum
The Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the VRA. This Article completes the historical record, providing an unabridged accounting of the Fifteenth Amendment’s adoption.
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Banking and Antitrust The Yale Law Journal (IF 4.986) Pub Date : 2024-02-29 Saule T. Omarova, Graham S. Steele
This Essay seeks to recover the deeply rooted connection between U.S. banking law and antitrust. It reconceptualizes banking law as a sector-specific antimonopoly regime that imposes multiple structural constraints on publicly subsidized banks’ ability to abuse their power over the supply and allocation of financial resources in a democratic economy.
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Churching NIMBYs: Creating Affordable Housing on Church Property The Yale Law Journal (IF 4.986) Pub Date : 2024-02-29 Patrick E. Reidy, c.s.c.
Faith communities across the United States are creating affordable housing on church property. Where sincerely held religious belief inspires their efforts, faith communities can assert religious liberty protections against land-use decisions that obstruct denser, multifamily developments. Legislative reforms can help them overcome the regulatory and financial hurdles of adaptive reuse.
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“Trying to Save the White Man’s Soul”: Perpetually Convergent Interests and Racial Subjugation The Yale Law Journal (IF 4.986) Pub Date : 2024-02-29 M. Broderick Johnson
The assumption that remedying racial inequality benefits only people of color while being costly to White people underlies many Supreme Court decisions. However, White people benefit spiritually and democratically from racial equality. Recognizing these benefits warrants a new theory of interest convergence and offers a promising path toward racial equality.
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What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice The Yale Law Journal (IF 4.986) Pub Date : 2024-02-27 Heidi Li Feldman
This Essay defends statutes creating public nuisance and consumer protection causes of action against firearms industry actors for their failure to take reasonable measures to control the flow of their products to criminal users. Such laws are predicate statutes under PLCAA and do not infringe the Second Amendment.
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An Expansive View of “Federal Financial Assistance” The Yale Law Journal (IF 4.986) Pub Date : 2024-02-26 Shariful Khan
Thanks to an ambiguity in civil-rights statutes passed under Congress’s spending power, many programs enjoy ample financial benefits while avoiding the requirements of federal antidiscrimination laws. This Essay argues that the remedy lies in a statutory reading that aligns with the expansive nature of the civil-rights statutes themselves.
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Regulation timing in the states: The role of divided government and legislative recess Regul. Gov. (IF 3.203) Pub Date : 2024-02-20 Tracey Bark, Elizabeth Bell, Ani Ter-Mkrtchyan
Bureaucratic rulemaking is a key feature of American policymaking. However, rulemaking activities do not occur uniformly, but fluctuate throughout the year. We consider three mechanisms to explain these changes in rule volume, each of which produces unique expectations for rulemaking during periods of divided government and legislative recess. To test these expectations, we leverage an original dataset
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What Are Federal Corruption Prosecutions for? The Yale Law Journal (IF 4.986) Pub Date : 2024-02-16 Lauren M. Ouziel
This Essay considers the role of prosecutors in the Supreme Court’s decades-long contraction of public corruption law. It examines how federal prosecutors’ reliance on broad theories of liability has paradoxically narrowed federal criminal law’s reach over public corruption, and considers how prosecutors might adjust their approach.
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Demoralizing Elite Fraud The Yale Law Journal (IF 4.986) Pub Date : 2024-02-16 Zephyr Teachout
The Supreme Court’s effort to avoid interpreting morally weighted terms like “fraud” and “honest services” has led it to make bad and confusing law in wire-fraud cases. These cases, unlike Citizens United and its ilk, are unanimous, joining liberal and conservative Justices, reflecting a shared skepticism about anticorruption law.
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The Stakes of the Supreme Court’s Pro-Corruption Rulings in the Age of Trump: Why the Supreme Court Should Have Taken Judicial Notice of the Post-January 6 Reality in Percoco The Yale Law Journal (IF 4.986) Pub Date : 2024-02-16 Ciara Torres-Spelliscy
In Percoco, the Supreme Court squandered opportunities to contextualize political corruption. This Essay argues that the Supreme Court should have taken judicial notice of the post-January 6 circumstances which surround the decision. This is a perilous time in American democracy for the Justices to make prosecuting corrupt campaign managers arduous.
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Rules as data Regul. Gov. (IF 3.203) Pub Date : 2024-02-14 Alessia Damonte, Giulia Bazzan
Rules lie at the core of many disciplines beneath regulatory studies. Such a broad interest inevitably comes with fragmented understandings and technical choices that hinder knowledge cumulation and learning. This introduction tackles these limitations through an encompassing analytical blueprint from measurement theory. First, it addresses ambiguities to establish formal rules as a distinct research
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The Limits of Interest: Moral economy and public engagement in the regulation of derivatives in the United States Regul. Gov. (IF 3.203) Pub Date : 2024-02-13 J. Nicholas Ziegler, Konrad Posch, Thomas Nath
This article analyzes the public comments submitted to the Commodity Futures Trading Commission (CFTC), 2010–2014, in response to proposed rules for implementing the Dodd-Frank reforms. By addressing a fine-grained typology of commenting organizations to a topic model of the combined comments, we illuminate a new pattern of public engagement in financial regulation. Contrary to the economic concept
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Against Bankruptcy: Public Litigation Values Versus the Endless Quest for Global Peace in Mass Litigation The Yale Law Journal (IF 4.986) Pub Date : 2024-02-09
For the first time in years, in the Purdue Pharma opioids litigation, the Court is reviewing an unorthodox bankruptcy maneuver aimed at securing global settlement. This Essay critiques corporate defendants’ increasingly common turn to bankruptcy to shut down, or avoid altogether, complex civil litigation and the public goods it generates.
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Bureaucratic overload and organizational policy triage: A comparative study of implementation agencies in five European countries Regul. Gov. (IF 3.203) Pub Date : 2024-02-05 Dionys Zink, Christoph Knill, Yves Steinebach
Research on policy implementation traditionally has focused on understanding the success or failure of individual policies within specific contexts. Little attention has been given to the challenges that emerge from the cumulative growth of policy portfolios over time. This paper is addressing this research gap by examining the phenomenon of organizational policy triage, which occurs when implementation
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A Model to Assess the Feasibility of 911 Call Diversion Programs Justice Quarterly (IF 3.985) Pub Date : 2024-01-30 Greg Midgette, Thomas Luke Spreen, Lauren C. Porter, Peter Reuter, Brooklynn K. Hitchens
Reforms to deploy civilian responders to non-criminal emergency calls may reduce demands on police departments and reduce negative interactions between police and civilians, but there is presently ...
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Exploring Heterogeneous Effects of Victimization on Changes in Fear of Crime: The Moderating Role of Neighborhood Conditions Justice Quarterly (IF 3.985) Pub Date : 2024-01-31 Florian Kaiser, Dietrich Oberwittler, Heleen J. Janssen, Lesa Hoffman
A growing research body shows that victimization increases victims’ fear of crime. Typically, this research estimates average effects, which may conceal that people respond differently to victimiza...
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“We Do No Such Thing”: 303 Creative v. Elenis and the Future of First Amendment Challenges to Public Accommodations Laws The Yale Law Journal (IF 4.986) Pub Date : 2024-01-29 David Cole
In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws.
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Policy complexity and implementation performance in the European Union Regul. Gov. (IF 3.203) Pub Date : 2024-01-25 Maximilian Haag, Steffen Hurka, Constantin Kaplaner
This study examines the relationship between the complexity of EU directives and their successful implementation at the national level. Moving beyond the state-of-the-art, we propose a comprehensive framework considering structural, linguistic, and relational dimensions of policy complexity. We argue that policy complexity entails higher transaction costs, hindering effective implementation. Using
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Properties of supranational governance structures and policy diffusion: The case of mifepristone approvals Regul. Gov. (IF 3.203) Pub Date : 2024-01-20 Juan J. Fernández, Pilar Sánchez
Many studies show that supranational governance structures (SGS)—understood as international organizations or international treaties—contribute to the global diffusion of public policies. However, we still have a limited understanding of which properties of SGS hasten the number of policy adoptions. To advance this literature, we argue that SGS making legally binding and univocal claims are more likely
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Multidimensional preference for technology risk regulation: The role of political beliefs, technology attitudes, and national innovation cultures Regul. Gov. (IF 3.203) Pub Date : 2024-01-18 Sebastian Hemesath, Markus Tepe
Building on the concept of participatory regulation, this study emphasizes recognizing the multidimensional character of citizens' risk regulation preferences. Using the case of autonomous vehicles, we specify six technology-related risks: product safety, regulatory oversight, legal liability, ethical prioritization, data protection, and human supervision. We argue that differences in these multidimensional
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The Invisible Driver of Policing Stanford Law Review (IF 5.04) Pub Date : 2024-01-15 Farhang Heydari
Abstract not available
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Uncommon Carriage Stanford Law Review (IF 5.04) Pub Date : 2024-01-15 Blake E. Reid
Abstract not available
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The Magnet School Wars and the Future of Colorblindness Stanford Law Review (IF 5.04) Pub Date : 2024-01-15 Sonja Starr
Abstract not available
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Abortion at the Margins Stanford Law Review (IF 5.04) Pub Date : 2024-01-15 Matthew Coffin
Abstract not available
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Breaking the iron triangle around nuclear safety regulation: The cases of France, Japan, and India Regul. Gov. (IF 3.203) Pub Date : 2024-01-11 Philip Andrews-Speed, Nur Azha Putra
The International Atomic Energy Agency asserts that the regulation of the safety of civil nuclear power requires national regulatory agencies to be effectively independent. However, in the early years of national civil nuclear power programs national nuclear industries were dominated by iron triangles or subgovernments of powerful actors with an interest in promoting the industry. The creation of an
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Developmental channels: (Incomplete) development strategies in democratic Latin America Regul. Gov. (IF 3.203) Pub Date : 2024-01-10 Renato H. de Gaspi
In the early 2000s, Latin America witnessed a resurgence in debates concerning the state's economic role, coinciding with a political transformation as new parties emerged to power. Existing literature on the “return of Industrial Policy” in the region largely offers a descriptive perspective, bypassing the intricacies of policy typifications and their associated political foundations. This paper addresses
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How is reputation management by regulatory agencies related to their employees' reputational perception? Regul. Gov. (IF 3.203) Pub Date : 2023-12-26 Mette Østergaard Pedersen, Koen Verhoest, Heidi Houlberg Salomonsen
Existing research investigating regulatory agencies' reputation-conscious behavior have primarily focused on reactive behavior in the context of reputational threats. Additionally, this literature has primarily focused on agencies' responses to such threats and external audiences' perceptions of agencies reputation, although reputation resides in both external and internal audiences. This study aims
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Editors’ Introduction to: Evidence-Based Policing Strategies to Improve Justice and Reduce Disparities Justice Quarterly (IF 3.985) Pub Date : 2023-12-30 Bryanna Fox, Marv Krohn
Published in Justice Quarterly (Vol. 40, No. 7, 2023)
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Does the Rapid Deployment of Information to Police Improve Crime Solvability? A Quasi-Experimental Impact Evaluation of Real-Time Crime Center (RTCC) Technologies on Violent Crime Incident Outcomes Justice Quarterly (IF 3.985) Pub Date : 2023-12-30 Rob T. Guerette, Kimberly Przeszlowski
Despite advances in police practices, national case clearance rates of violent crimes are at an all-time low. One recent trend in American policing involves the rapid deployment of various technolo...
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Fostering compliance with voluntary sustainability standards through institutional design: An analytic framework and empirical application Regul. Gov. (IF 3.203) Pub Date : 2023-12-21 Charline Depoorter, Axel Marx
The institutional design of voluntary sustainability standards (VSS) has been recognized as an important determinant of compliance with VSS rules, which partly explains heterogeneity in VSS sustainability impacts. However, the current understanding of how VSS institutional design generates compliance is scattered and lacks systematic operationalization. This paper brings together different strands
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Region-Specific Structural Covariates of Homicide Rates in Latin America: State Legitimacy and Remittances Justice Quarterly (IF 3.985) Pub Date : 2023-12-18 Guillermo Jesús Escaño, William Alex Pridemore
The goal of this study was to examine region-specific structural covariates of homicide rates in Latin America and the Caribbean (LAC). LAC nations possess 8% of the global population but 33% of ho...
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“Hesitation Gets You Killed:” Perceived Vulnerability as an Axiomatic Feature of Correctional Officer Working Personalities Justice Quarterly (IF 3.985) Pub Date : 2023-12-18 William J. Schultz
Research on correctional officers (COs) has expanded over the past two decades, giving us a broad picture of the mental health, culture, and discretionary practices of a traditionally overlooked br...
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Administrative responses to democratic backsliding: When is bureaucratic resistance justified? Regul. Gov. (IF 3.203) Pub Date : 2023-12-14 Michael W. Bauer
Populist, illiberal, or outright autocratic movements threaten democracies worldwide, particularly when such extreme political forces gain control of executive power. For public administration illiberal backsliders in government pose a dilemma. Trained on instrumental values and expected to implement neutrally the political choices of their elected superiors, bureaucrats lack orientation of how to
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Digital sustainability assurance governing global value chains: The case of aquaculture Regul. Gov. (IF 3.203) Pub Date : 2023-12-11 Sake R. L. Kruk, Hilde M. Toonen, Simon R. Bush
Sustainability risks in aquaculture are increasingly addressed through forms of assurance that rely on the use of digital technologies. By bringing in new actors and informational processes, these forms of digital sustainability assurance challenge existing notions of how global value chains are governed. Based on in-depth interviews with experts, we find that the growing use of digital technologies
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European artificial intelligence “trusted throughout the world”: Risk-based regulation and the fashioning of a competitive common AI market Regul. Gov. (IF 3.203) Pub Date : 2023-12-11 Regine Paul
The European Commission has pioneered the coercive regulation of artificial intelligence (AI), including a proposal of banning some applications altogether on moral grounds. Core to its regulatory strategy is a nominally “risk-based” approach with interventions that are proportionate to risk levels. Yet, neither standard accounts of risk-based regulation as rational problem-solving endeavor nor theories
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Brandeis in Brussels? Bureaucratic discretion, social learning, and the development of regulated competition in the European Union Regul. Gov. (IF 3.203) Pub Date : 2023-12-09 Chase Foster, Kathleen Thelen
Neo-Brandeisian legal scholars have recently revived the ideas of Supreme Court Justice Louis Brandeis, who championed state regulation that preserved market competition and economic liberty in the face of concentrated private power. Yet ultimately and perhaps paradoxically, it has been Europe and not the United States that has proved more hospitable to accommodating key features of the Brandeisian
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Jail Utilization and Court Sentencing: Does Jail Overcrowding Influence State Court Sentencing Decisions? Justice Quarterly (IF 3.985) Pub Date : 2023-12-06 C. Clare Strange, Joshua C. Cochran, John Wooldredge, Joshua S. Long
Drawing upon organizational perspectives and focal concerns theory, this article tests the impacts of jail utilization (i.e. the ratio of jail population: rated capacity) on sentencing practices. U...
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Political studies of automated governing: A bird's eye (re)view Regul. Gov. (IF 3.203) Pub Date : 2023-12-05 Andreas Öjehag-Pettersson, Vanja Carlssson, Malin Rönnblom
In this paper, we develop an approach for analyzing the increasingly important strand of research that deals with automated systems of governing. Such systems, which figure prominently in public policy and regulation, are designed to utilize the rapid advancement in computer technology, like artificial intelligence, with the purpose of governing something or someone. Drawing on a large sample of articles
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Establishment as Tradition The Yale Law Journal (IF 4.986) Pub Date : 2023-12-04
Traditionalism holds that enduring practices are the presumptive determinants of constitutional meaning and law. This Essay examines two questions: Why has traditionalism had special salience in interpreting the Establishment Clause? And is traditionalism more disposition or mood than constitutional theory, more a matter of the heart than of the head?
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Freedom for Religion The Yale Law Journal (IF 4.986) Pub Date : 2023-12-04 Michael Stokes Paulsen
The First Amendment’s religious-freedom provisions are best understood as protecting “freedom for religion”—religious liberty for the benefit of religion, for generous protection of its free exercise by individuals and groups, and for the autonomy of religious institutions. The Supreme Court’s most recent decisions appear headed in that direction.
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Replacing Smith The Yale Law Journal (IF 4.986) Pub Date : 2023-12-04 Stephanie H. Barclay
As the Supreme Court has sought to ground more of its constitutional jurisprudence in original understanding, it has signaled an interest in revisiting aspects of Employment Division v. Smith. This Essay assesses potential replacement doctrines and defends a historically grounded version of strict scrutiny that does not require judicial balancing.
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The End of Asylum Redux and the Role of Law School Clinics The Yale Law Journal (IF 4.986) Pub Date : 2023-12-04 Elora Mukherjee
The Biden Administration has perpetuated many of the prior administration’s hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the U.S.-Mexico border.
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Regulating for trust: Can law establish trust in artificial intelligence? Regul. Gov. (IF 3.203) Pub Date : 2023-11-30 Aurelia Tamò-Larrieux, Clement Guitton, Simon Mayer, Christoph Lutz
The current political and regulatory discourse frequently references the term “trustworthy artificial intelligence (AI).” In Europe, the attempts to ensure trustworthy AI started already with the High-Level Expert Group Ethics Guidelines for Trustworthy AI and have now merged into the regulatory discourse on the EU AI Act. Around the globe, policymakers are actively pursuing initiatives—as the US Executive
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Comparing Meters to Yards: A Nationally Representative Evaluation of Gender Bias in Risk Assessment Justice Quarterly (IF 3.985) Pub Date : 2023-12-01 Zachary Hamilton, Melissa Kowalski, Michael Campagna, Addison Kobie, Alex Kigerl
Risk-needs assessments (RNAs) assist correctional staff in assigning supervision and programming. While gender is a well-known predictor of crime, for decades contemporary RNAs have claimed “gender...
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Institutional sources of legitimacy in multistakeholder global governance at ICANN Regul. Gov. (IF 3.203) Pub Date : 2023-11-28 Hortense Jongen, Jan Aart Scholte
This article provides a novel systematic exploration of ways and extents that institutional characteristics shape legitimacy beliefs toward multistakeholder global governance. Multistakeholderism is often argued to offer institutional advantages over intergovernmental multilateralism in handling global problems. This study examines whether, in practice, perceptions of institutional purpose, procedure
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Performing central bank independence: The Bank of England's communicative financial stability strategy Regul. Gov. (IF 3.203) Pub Date : 2023-11-28 Andrew Baker, Andrew Hindmoor, Sean McDaniel
Central bank independence (CBI) has been one of the most significant regulatory state developments of the last three decades. Following the 2008 financial crisis, many central bank mandates were extended to include a responsibility for financial stability. Some commentators claim this jeopardizes CBI by drawing central banks into contested political issues that can impact financial stability, in what
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Deplatforming The Yale Law Journal (IF 4.986) Pub Date : 2023-11-30
This Article offers a history and theory of the law of deplatforming across networks, platforms, and utilities. It shows that the tension between service and exclusion is endemic to common carriers, utilities, and other infrastructural services, including technology platforms, and that the American tradition has favored reasonable deplatforming.
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In Loco Reipublicae The Yale Law Journal (IF 4.986) Pub Date : 2023-11-30 Anne C. Dailey
This Article proposes a new framework for children in constitutional law that recognizes children’s rights as developing citizens and parents’ duties to safeguard those rights. An examination of children’s First Amendment right to access ideas illustrates parents’ duty to ensure children are exposed to information critical to their democratic citizenship.
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Practice-Based Constitutional Theories The Yale Law Journal (IF 4.986) Pub Date : 2023-11-30 J. Joel Alicea
This Feature provides the first full-length and most in-depth analysis of practice-based constitutional theories to date. It identifies and examines the primary justifications offered for such theories and shows why they are insufficient, on their own terms, to justify conforming to our social practices.
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Seeking Equity in Electronic Monitoring: Mounting a Bearden Challenge The Yale Law Journal (IF 4.986) Pub Date : 2023-11-30 Ryanne Bamieh
In Bearden v. Georgia, the Supreme Court held a defendant cannot be imprisoned for failure to pay a fine they could not afford. Yet, many defendants remain incarcerated because they cannot pay for Electronic Monitoring. This Comment seeks to remedy that disparity by applying Bearden to Electronic Monitoring requirements.