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Building Successful Justice Worker Programs: Emerging Insights from Research and Practice
Get PDFAmerica\u27s deep access to justice crisis has long seemed intractable. But new and potentially transformative models for giving people access to legal services and to their own law are emerging around the country. Among the most promising of these are community justice workers. These are people already trusted in their communities, such as social workers, librarians, health aides, community leaders, teachers, mediators, and everyday citizens who are trained to help people understand and act on the legal challenges involved in critical life issues. These issues implicate basic needs like nutrition, health, income security, shelter, education, and care of dependents, and affect millions of Americans each year. As jurisdictions around the country explore justice workers as a potential solution, we offer ten essential insights for successful programs, reflecting discoveries from a growing body of social scientific research. This work gives useful guidance about how people understand and use law, informing the design of more accessible and effective services. It also teaches about what works in making justice workers effective at helping people with legal issues and with connecting to their own law, sustainable for both the people who work in these roles and the communities they serve, and capable of scaling up to meet the country’s currently vast unmet legal needs
Justice Beyond the State
Get PDFFor decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening tribal courts or justice systems through restorations of jurisdiction as a way to address access to justice issues in Alaska Native villages. It argues that restorations of jurisdiction and the development of tribal justice systems must ensure that Alaska Natives define the justice provided in their communities. Restorations of jurisdiction that require Alaska Native villages to replace their traditions and laws with adversarial processes and values threaten to undermine access to justice
Tech Platforms and the Common Law of Carriers
Get PDFEver since Justice Clarence Thomas observed in a concurrence that tech platforms like Twitter were analogous to common carriers, there has been increasing interest in the possibility of regulating them under common carrier principles. Most of the conversation has centered on potential legislation, not on applying the common law’s common carrier obligations to big tech. Indeed, when Ohio sued Google under the common law’s common carrier principles, commentators called the lawsuit “bizarre.”
In this Article, we argue that far from being “bizarre,” tech platforms are and should be subject to liability at common law for violating the duties of common carriers. After describing the core substantive elements of the common law of carriers—equal access rules, just and reasonable pricing, and reasonable deplatforming—we then show how it applies to operating systems, online marketplaces, search, social media, and virtual reality and the metaverse.
Among other things, this analysis demonstrates that common carriage applies across multiple domains and is most clearly applicable in business-to-business contexts. With respect to social media, we conclude that while common carriage principles apply, they allow for reasonable deplatforming—which may cut against what we suspect are the motivations of some proponents of regulation. And we argue that the common law of carriers could offer an opportunity to prevent a Wild West in new and emerging platforms, like the metaverse. In light of this analysis, the real puzzle is why there are so few suits against tech platforms under the common law of carriers
Show Me the Green: The Battle for Investor Trust in ESG Funds
Get PDFEnvironmental, social, and governance (“ESG”) funds enable earnest investors to align their money with their values. Some believe that ESG funds can promote a more sustainable and just economy by encouraging companies to adopt better practices and by divesting from those that do not. Others expect that funds with limited carbon exposure will outperform as climate change imposes regulatory and financial risks on carbon-intensive industries. Research suggests that younger investors overwhelmingly support the idea behind ESG investing; one-third even report a willingness to forgo 10 percent or more of their retirement savings to protect the environment.
Unfortunately, ESG products also stoke cynicism. While some funds may live up to their name, others may co-opt trendy labels as a marketing ploy to charge higher fees—a tactic now commonly referred to as “greenwashing.” In addition to misleading investors, greenwashing has the power to erode faith in the ESG movement. Legitimate offerings can quickly become contaminated by those seeking to make a quick buck. To address this harm, in May 2022, the Securities and Exchange Commission (“SEC”) set forth two proposals to enhance transparency in registered funds using ESG-like branding: an enhanced disclosure rule and an amendment to the “Names Rule.” The latter proposal, adopted in September 2023, requires ESG funds to invest 80 percent of their assets “in accordance with the investment focus that the fund’s name suggests.” This Note takes the position that the Names Rule amendment furthers the SEC’s mission of investor protection but requires additional guardrails to adapt adequately to the complexities of ESG funds
Sustainable Mining Challenges: Alaska Water Permitting and the United States Green Energy Transition
Get PDFThis Note addresses the myriad of legal and regulatory barriers new mining projects face in Alaska at present. These barriers have become increasingly important at a time when the United States has sought to bolster its domestic mineral supply chain. With over 100 newly located critical mineral deposits, Alaska may be the best place in the United States to establish further domestic sources of critical minerals. By streamlining the regulatory process at both the federal and state level, Alaska can better (1) protect domestic supply chains from global disruptions; (2) maximize the economic benefits of meeting increased global demand for these minerals; (3) contribute to a global energy transition towards clean and renewable energy sources; and (4) balance important local environmental policy concerns against global policies addressing climate change. This Note provides an overview of the regulatory landscape at present and outlines proposed reforms for the future
