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MMU: 01/22/24–01/28/24
No full textThis Week @ NDLS
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Credit Markets and the Visible Hand: The Discount Window and the Macroeconomy
No full textIn times of crisis such as the 2008 financial crisis and the 2020 COVID-19 pandemic central banks throughout the world engage in interventions with lasting effects on financial markets and the macroeconomy, for better and worse. The negative political consequences of these interventions—fears of politicizing central banking and inflationary concerns about dramatic interventions among them—can dampen the enthusiasm for such interventions early in the face of crisis. This dynamic creates a dilemma for the US central bank, the Federal Reserve, causing it to eschew interventions beyond monetary policy until the crisis has already crashed, at which point the Fed moves into every aspect of policy throughout the economy. This Article highlights the inadequacy of this dynamic. Sole reliance on monetary policy is insufficient in the face of growing crisis, while the Fed\u27s vast emergency lending facilities face ever stiffer political, inflationary, and equity concerns. The Article advocates instead for a new approach to macroeconomic stability, not just through monetary policy or emergency interventions, but through judicious use of the sleeping giant of Fed policy, the bank-intermediated discount window. Focusing on the problematic credit market for debtors-in-possession in the midst of bankruptcy, the Article suggests a reformed system that safeguards the Fed, supports small and medium-sized enterprises, and stabilizes the macroeconomy without exposing the system to the pockets of instability that the Fed’s overreliance on dramatic intervention can do
Rahimi, the Second Amendment, Domestic Violence, and Originalism After Bruen
No full texthttps://scholarship.law.bu.edu/clark_speakers/1107/thumbnail.jp
The Underwater: Using Art to Engage Communities Around Climate Action
No full textThis Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida\u27s vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues.
Cortada introduces specific participatory art initiatives he has crafted to visualize South Florida’s vulnerability to rising seas and to ignite dialogue and action on climate change. He details a range of projects, including The Underwater, Underwater HOA, Elevation Drive, Underwater Vote, and HELLO, which all effectively employ art to render climate change a personal and pressing matter for communities.
This law review Article is an innovation in and of itself, serving simultaneously as an exhibition of “Underwater Florida,” a performative artwork Cortada created in 2022 to document the fraught state of coastal cities along the Florida peninsula. It showcases images of yard signs that the artist placed in front of 54 Florida city halls to mark their respective elevations, thereby recording this moment in the state\u27s history and sharing information with its residents to encourage policymakers to prepare for a future with rising seas. In mapping elevations along Florida\u27s coastline to underscore the threat of sea level rise, Cortada acts as a sentinel, witness, neighbor, informant, educator, science communicator, and advocate, and as a figurative bridge between the potential victims of tomorrow and today\u27s contributors to climate harm.
The inclusion of “Underwater Florida” in the law review Article exemplifies the innovative format, which transcends traditional academic boundaries to captivate its audience. This symbiotic relationship between art and academic discourse is a testament to their combined strength in conveying urgent messages about climate action. Cortada\u27s efforts extend to transforming public spaces into platforms for climate storytelling and fostering interdisciplinary engagement in regional governments, demonstrating art\u27s potency in stimulating public discourse and prompting action on climate change. The Article concludes by reinforcing the essential role of art in fostering a culture of care and activism, crucial for preserving our planet and its inhabitants in the face of a climate crisis
The U.S. Coast Guard and Maritime Governance
No full textJoin us as Rear Admiral Batson speaks about how the U.S. Coast Guard, through its 11 statutory missions and its status as a law enforcement agency, regulatory agency, member of the U.S. intelligence community, and one of the nation’s six armed services exercises its exceptionally broad statutory authority to provide maritime governance around the world. Speaker Bio
Rear Admiral Batson is Judge Advocate General and Chief Counsel of the U.S. Coast Guard. He leads over 400 judge advocates and civilian attorneys in the delivery of legal services worldwide to support the Coast Guard’s 11 statutory missions, as well as their cutters, aircraft, and people. He assumed his current duties in June after serving as the Chief of Staff for the Fifth Coast Guard District, where he was responsible for Coast Guard operational forces and missions throughout the Mid-Atlantic region.
He has also served as the Commanding Officer of the Coast Guard’s national field-level legal command; as the Chief of the Office of Legal Policy and Program Development; and he has extensive experience as a military justice practitioner, having served as a prosecutor, a Military Judge, and a member of DoD interservice team of experts that drafted the Military Justice Act of 2016, one of the most significant revisions to the UCMJ since its adoption. Outside the legal program, Admiral Batson served as the Speechwriter and Special Assistant to the Commandant, Executive Officer of the Coast Guard’s Atlantic Area operational intelligence fusion center, as Senior Investigating Officer and Chief of Waterways Management for the west Coast of Florida, and aboard the Coast Guard Cutter WOODRUSH in Sitka, Alaska.
Rear Admiral Batson is 1987 graduate of Appalachian State University with a B.S. in Music Industry Studies, a 1998 graduate of Troy University with Master of Public Administration degree; a 2014-2015 Seminar XXI Fellow in the Massachusetts Institute of Technology’s Center for International Studies; and a 2016 graduate of the Eisenhower School for National Security and Resource Strategy at the National Defense University, where he earned the Master of Science degree in National Resource Strategy. He received his law degree in 2002 from the Case Western Reserve University School of Law
A Taxing Problem: The Impacts of Research Payment Practices on Participants and Inclusive Research
No full textEmpirical data regarding payments to participants in research is limited. This lack of information constrains our understanding of the effectiveness of payments to achieve scientific goals with respect to recruitment, retention, and inclusion. We conducted a content analysis of consent forms and protocols available on clinicaltrials.gov to determine what information researchers provide regarding payment. We extracted data from HIV (n = 101) and NIMH-funded studies (n = 65) listed on clinicaltrials.gov that had publicly posted a consent form. Using a manifest content analysis approach, we then coded the language regarding payment from the consent document and, where available, protocol for purpose and method of the payment. Although not part of our original planned analysis, the tax-related information that emerged from our content analysis of the consent form language provided additional insights into researcher payment practices. Accordingly, we also recorded whether the payment section mentioned social security numbers (or other tax identification number) in connection with payments and whether it made any statements regarding the Internal Revenue Service or the tax status of payments. We found studies commonly offered payment, but did not distinguish between the purposes for which payment may be offered (i.e., compensation, reimbursement, incentive, or appreciation). We also found studies that excluded some participants from receiving payment or treated them differently from other participants in the study. Differential treatment was typically linked to US tax laws and other legal requirements. A number of US studies also discussed the need to collect Social Security numbers and income reporting based on US tax laws. Collectively, these practices disadvantage some participants and may interfere with efforts to conduct more inclusive research
A Theory of Genetic Dimensions in the Law
No full textSince the biotechnology revolution of the 1970s, genetic science and genetic technology have captured the public imagination. They have become a centerpiece of how we understand ourselves, our relationship with other humans, other living beings, our environment, and indeed with the universe. Through this evolution of understanding, genetic phenomena have acquired many meanings, some rooted in objective reality and others subjective and dependent on individual perceptions and sentiments.
However, legal decision-making and policymaking have not kept pace and reflect only a partial understanding of the multiple dimensions of genetic phenomena, which are forced into narrowing legal pathways, neglecting vital interests. As the legal uses of genetic technologies and disputes involving such technologies become increasingly prevalent, the disconnect between genetics and the law grows and deepens.
This Article identifies and analyzes the impact of the longstanding judicial and legislative practice of applying ill-fitting legal constructs to genetic phenomena. We use case studies drawn from various legal areas to show how forcing genetic phenomena into existing legal categories neglects important genetic interests.
The deficiencies of case law and legislation addressing genetics highlight the need for a more comprehensive way of thinking about, and legally recognizing, interests stemming from the multiple dimensions of genetic phenomena. In response, we provide a conceptual framework for incorporating genetic phenomena more fully into the law. Our approach offers legislators, judges, regulators, and lawyers a new way of thinking about genetics in the law, one that accounts for and accommodates the full range of individual, group, and societal interests in genetic phenomena
The Ilaiyaraaja Copyright Dispute Points to Issues Lyricists, Music Composers Face in India
No full textExcerpt:
Two recent legal notices sent by the illustrious musician Ilaiyaraaja have reignited the debate over the ownership of rights over musical compositions synchronised in movies.... A closer examination of these controversies may reveal that Ilaiyaraaja might be drawing attention to a broader issue that lyricists and music composers in India have faced for over four decades.
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It is high time that the courts in India and policymakers take concrete steps to correct the copywrongs emerging from the 1977 Supreme Court judgment in the \u27Indian Performing Rights Society v. Eastern India Motion Pictures Association\u27 case