Authors:
alr_rocks
Abstract: Policy work in both the United States and the European Union (“EU”) is underway on how best to structure border carbon adjustment (“BCA”) mechanisms to protect the competitiveness of domestic industries while these enterprises make investments in reducing their greenhouse gas (“GHG”) emissions. Often, these investments are costly for domestic industries, and may therefore result… PubDate: Thu, 02 Mar 2023 01:45:26 +000
Authors:
alr_rocks
Abstract: Absolute constitutional rights are rare—even the venerable rights of free speech and freedom of religion are not absolute. In criminal prosecutions, the Sixth Amendment’s right to counsel has been described as the most important of all rights because it affects a defendant’s ability to assert his or her other rights. But even the right to… PubDate: Thu, 02 Mar 2023 01:42:25 +000
Authors:
alr_rocks
Abstract: Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law’s singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of immigration law. This Article explores the significance of crimmigration for… PubDate: Thu, 02 Mar 2023 01:36:30 +000
Authors:
alr_rocks
Abstract: Modern American law describes speech in stereotypically masculine terms: it is a “marketplace” where participants “joust” for dominance. Predictably, today’s speech jurisprudence can be hostile to the female voice, implicitly condoning gendered death threats, rape threats, doxing, and trolling as the necessary price of a vibrant national discourse. Unpredictably, the American Civil Liberties Union (“ACLU”)… PubDate: Thu, 02 Mar 2023 01:35:45 +000
Authors:
alr_rocks
Abstract: Model Rule 5.4—which prohibits nonlawyer ownership of law firms—has existed for almost 100 years in one iteration or another. Throughout that time, the Rule has been steeped in controversy. Some consider the Rule a necessary fail-safe, protecting the legal profession from complete ethical collapse. Others consider the Rule to be nothing but a hindrance to… PubDate: Tue, 28 Feb 2023 01:30:58 +000
Authors:
alr_rocks
Abstract: The rapid spread of the COVID-19 pandemic left consumers to figure out how to bring the comforts of the world into their homes. Few industries benefited from this trend like the food delivery industry. Revenue more than doubled for the major food delivery companies during the pandemic, and these traditionally unprofitable companies posted profitable quarters… PubDate: Mon, 27 Feb 2023 02:50:20 +000
Authors:
alr_rocks
Abstract: New technologies, such as internet-connected home devices we have come to call the Internet of Things (IoT), connected cars, sensors, drones, internet-connected medical devices, and workplace monitoring of every sort, create privacy gaps that can cause danger to people. In prior work,1 two of us sought to emphasize the deep connection between privacy and safety… PubDate: Mon, 28 Nov 2022 19:07:48 +000
Authors:
alr_rocks
Abstract: Drawing on our continuing empirical study of decisions on the free exercise of religion, we suggest that the federal courts were approaching equilibrium in outcomes from 2006 to 2015. In a departure from our prior studies examining the preceding twenty years, we now observe that claimants from the majority of religions did not experience either… PubDate: Mon, 28 Nov 2022 19:06:03 +000
Authors:
alr_rocks
Abstract: As climate change accelerates, so do demands for a transition away from an extractive fossil fuel economy toward one that is ecologically sustainable. Yet efforts to advance that transition may exacerbate inequitable distributions of climate hazards and economic opportunities. Just Transition is a theory of change that recognizes that those least culpable for the climate… PubDate: Mon, 28 Nov 2022 19:04:58 +000
Authors:
alr_rocks
Abstract: Latin American presidents frequently exercise policymaking authority that would be the envy of U.S. presidents frustrated by a fractious Congress and hobbled by the lengthy rulemaking procedures of the Administrative Procedure Act (“APA”). This Article critiques the hyper-presidential administration of those Latin American democracies characterized by broad executive policymaking powers and limited procedural safeguards. In… PubDate: Mon, 28 Nov 2022 19:03:54 +000