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Expansion of the Police Role in Responding to Mental Health Crises Over the Past Fifty Years: Driving Factors, Race Inequities and the Need to Rebalance Roles
Get PDFEthics and the New Technologies of War: AI and Cyber
No full textTimothy Goines speaks on the ethical considerations of new military technology.
Speaker:
Lt. Col. Timothy M. Goines, Senior Military Faculty and Assistant Professor of Law, United States Air Force Academ
Reversing CFIUS: Analyzing the International and Constitutional Implications of the Revised National Critical Capabilities Defense Act
Get PDFIn 2022, congressional consideration of the Revised National Critical Capabilities Defense Act (Revised NCCDA), colloquially known as Reverse CFIUS , caused a flurry of conversation amongst congressional committees, legal practitioners, and private companies. The bill proposed a broad outbound foreign investment review regime for industries implicating national critical capabilities. While Congress ultimately declined to pass the Revised NCCDA, a similar outbound review mechanism is soon likely to be promulgated by the Executive Branch or the Legislative Branch. This note discusses the legislative history resulting in the proposal of an outbound investment review mechanism. It criticizes the breadth and ambiguity of the most recently available version of the Revised NCCDA\u27s proposal in comparison to current national security investment review mechanisms and export control statutes, such as FIRRMA and IEEPA. This note embarks on a constitutional and international law analysis of executive authority to review foreign and domestic investments abroad. Finally, this note recommends specific ways in which the Revised NCCDA should be reworked before any congressional or executive action is taken to best comply with international standards and constitutional limits on executive power. It concludes by proposing that outbound foreign investment review could be attached to an existing regulatory framework to expand gradually by sequential congressional and presidential authorizations, in a similar fashion to other national security review regimes. This process would sculpt a more workable and durable outbound investment review regime, placed on more stable legal footing
National Security Challenges in the Arctic
No full textSpeaker: RADM Melissa Bert, Judge Advocate General, U.S. Coast Guar
Match Up: Increasing Disclosure of Facial Recognition Technology With Criminal Discovery Rules
Get PDFCommunity Energy Exit
Get PDFCommunities across the United States are taking advantage of new technologies and governance forms to assert greater control over their energy systems. For decades, energy provision throughout much of the nation was heavily centralized. Even where market-oriented reforms emerged, most consumers had little ability to take advantage of the changes. But resurgent interest in municipal takeover of energy systems, alongside new phenomena such as community choice aggregation and microgrid construction, are making what we call “community energy exit” a reality. Popular and academic commentators have hailed these developments as key steps toward decarbonization, social justice, and energy democracy.
This Article raises cautionary notes about the emerging changes. Although they can bring important benefits, community-centered energy systems could also generate systemic inequities. Traditional energy systems, despite all their flaws, also contain mechanisms for sharing the benefits and burdens of energy provision. When communities exit traditional systems, those mechanisms can be undermined or even lost. Inequities may also arise because local governance, despite its many virtues, can build and entrench social inequality. Important pressure on incumbent utilities, in public utility commission proceedings and other fora, also could be lost if communities elect exit over voice.
Beyond raising theoretical concerns, this Article explores emerging evidence from actual energy exits. The preliminary story is more nuanced than either the celebratory or critical accounts would suggest, partly because communities, legislators, and administrators in key states have taken concrete steps to avoid some of the inequities we fear. Without adequate legal oversight, however, future expansion could devolve into a form of energy elitism. The Article closes by summarizing and recommending ways to facilitate equity in community energy exits
Beyond Legal Deserts: Access to Counsel for Immigrants Facing Removal
Get PDFRemoval proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to governmentappointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have described this situation as an access-to-justice crisis or a representation crisis for immigrant communities. The prevailing wisdom suggests that the solution to this crisis is more lawyers or more nonlawyer practitioners, such as accredited representatives and legal technicians, who can provide affordable and quality legal services. The focus, therefore, has been on the ubiquity of legal deserts, commonly defined as areas that are in shortage of lawyers, and on ways to increase the supply of legal service providers in the marketplace.
This Article presents an empirical study of legal representation that unsettles this prevailing wisdom by showing why an adequate supply of legal service providers is a necessary, but not a sufficient, condition to address the representation crisis. Our study uses a new and original dataset that we compiled for the purposes of this study on immigration lawyers and non-detained immigrant respondents in removal proceedings. Our findings suggest that although the focus on the supplyside dimension of the representation crisis is important, it obscures other complex sets of barriers to obtaining legal representation that are distinct from the problem of legal deserts. Specifically, our empirical analyses show that whether a non-detained immigrant respondent obtains legal representation is predicted by where they reside, their primary language, and the size of their conational social networks, controlling for the availability of practicing immigration lawyers in close proximity to their places of residence and other potential confounders. In short, we argue that geography, language, and networks are destiny for immigrant respondents when it comes to obtaining legal representation. Thus, addressing the representation crisis requires looking beyond the problem of legal deserts to attend to a variety of other hurdles to obtaining legal representation that are associated with certain geographical, linguistic, and social isolation in which many immigrants live