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Victims’ Rights in the Diversion Landscape
Get PDFIn this Article, I explore the practical and theoretical conflicts that might surface when the diversion movement and the Victims’ Rights Movement intersect. I focus on two possible sites of tension: victim input into the diversion offer and the victim’s right to receive restitution as a term of diversion. Protocols to give victims greater voice in the justice process have been a mainstay of the burgeoning Victims’ Rights Movement for the past several decades, but I argue that those protocols must be understood within (and thus limited by) the contexts of fiscal responsibility, compassion for the offender, and proportionality in the justice system that lie at the heart of diversion schemes. Any other arrangement risks elevating retribution over rehabilitation and inserts a level of arbitrariness into the diversion process that would subvert our commitment to fairness and transparency
How South Korea Can Improve Its Carbon Market: The Importance of Economic Incentives and International Cooperation in the Fight Against Climate Change
Get PDFIt is well-recognized that global warming is indeed a problem. Hence, in order to address the problem, many countries in the world have implemented market-based approaches, one such approach being the cap-and-trade program. This Comment discusses cap-and-trade programs from several different countries – the United States, the European Union, China, India, and South Korea. In particular, this Comment analyzes how each country implements their cap-and-trade program. Furthermore, this Comment focuses on three major international agreements that have been created in recognition of the importance of international collaboration to fight against global warming. These agreements are the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement. Finally, in recognition of the difficulties involved with international collaboration as well as problems relating to South Korea’s compliance with the Paris Agreement, this Comment suggests two solutions. First, South Korea should link its carbon market to those of other countries. Second, South Korea should provide financial assistance to other countries so as to assist them in setting up or improving their cap-and-trade programs. It is hoped that this Comment’s suggestions will be beneficial insofar as they apply not only to South Korea, but also to other countries of similar size or that have similar problems regarding cap-and-trade programs
A Comparative Analysis of the Treatment of Transgender Prisoners: What the United States Can Learn from Canada and the United Kingdom
Get PDFThe treatment of transgender people while incarcerated is an issue that was catapulted into the national spotlight in 2019 when the Ninth Circuit Court of Appeals ruled in favor of providing a transgender inmate gender confirmation surgery. This decision created a circuit split within the United States regarding the medically necessary treatment a state is legally required to provide an inmate with gender dysphoria. This Comment examines the legal and policy approaches of the United Kingdom and Canada to inform the current circuit split and provide suggestions for improvements that could be made in the United States. Through exploration and comparison, this Comment proposes changes in policy and practice for housing transgender inmates, providing consultation with medical professionals, and treating transgender inmates in daily life. More specifically, this Comment proposes that the United States should employ a more gender-affirming approach when providing healthcare to transgender inmates by adopting policies and regulations in accordance with the medical community’s most recent recommendations. This includes setting up data collection systems able to obtain accurate population statistics for transgender inmates to make sure their needs are met. Additionally, uniform policies should be created to align gender-affirming language and practice, and housing reforms are necessary to ensure transgender inmates avoid solitary confinement placement because they lack alternative housing
The Fallacy of Consent: Should Arbitration Be a Creature of Contract?
Get PDFArbitration is a creature of contract. This paradigm is so basic that it is accepted in all the States of the world. Nevertheless, arbitration is perceived as the most suitable method for the settlement of commercial disputes. Virtually all commercial disputes are resolved through arbitration. The natural order of things has been reversed. In commercial matters, at least, arbitration is the rule, and courts the exception. Why is it, then, that parties must opt in for a solution which appears as the most natural one in the community? I propose to question this default rule and propose an extreme shift: Arbitration should become the default jurisdiction
Plugging the Leaks in Outer Space Criminal Jurisdiction: Advocation for the Creation of a Universal Outer Space Criminal Statute
Get PDFIn 2019, U.S. Astronaut Anne McClain was investigated for possibly committing the first crime in outer space, leading to questions regarding criminal law in outer space. After reviewing international space treaties such as the Outer Space Treaty, Moon Agreement, and Intergovernmental Agreement for the International Space Station, it becomes clear there is no comprehensive framework for addressing outer space crimes. National legislation of space-faring countries also fails to address all wrongdoings. Even with a comprehensive outer space treaty that would assign criminal jurisdiction to certain states in event of wrongdoing, analogous terrestrial treaties and incidents show that this would still be insufficient to avoid international conflicts. For these reasons, and because of the current international culture of cooperation in outer space and the advent of commercial space tourism, the time is ripe for the international community to create a universal Outer Space Criminal Statute (OSCS), similar to but without the limited scope and jurisdiction of the Rome Statute for the International Criminal Court. Such an OSCS would serve as a comprehensive criminal code for all persons in outer space and would create an international judiciary body with sole original jurisdiction over all outer space crimes
Learning from Campaign Finance Information
Get PDFIn an age of dark money—the anonymous political spending facilitated by gaps in our campaign finance disclosure laws after Citizens United—the Supreme Court’s campaign finance disclosure jurisprudence may be on a collision course with campaign finance disclosure laws. It is urgent for the Court to understand the informational benefits of campaign finance disclosure, so it may avoid this collision. Campaign finance transparency teaches us more than one-dimensional information about the candidate’s left- or right-leaning policy preferences. It also helps us learn about candidate type. Social scientists, including myself, have run several studies examining voter learning from campaign finance information. As I explain in this Article, when voters learn about a candidate’s position with regard to dark money, they learn and vote differently than if they did not have that information. Experimental and observational research also suggests that voters punish noncompliance and reward overcompliance. In other words, transparency about campaign finance disclosure and compliance informs voters. These findings point to useful policy innovations for states and cities, while the federal government is unable or unwilling to regulate. The innovations I propose include “disclosure disclaimers,” which inform voters about the presence of dark money in a campaign, and campaign finance audits, which inform voters about compliance with campaign finance laws. But more basic loophole-closing can also provide helpful information to voters. I explain implications for the courts, campaigns, and policymakers, as well as limitations on the argument
Workshop Invitation
Get PDFFriday, March 12, 2021 | 10:00 a.m. to 3:15 p.m. EDT
Emory Bankruptcy Developments Journal Workshop
This year, the EBDJ is publishing a special issue entitled the “Developments Issue” that will feature essays from some of the top bankruptcy scholars in the United States. In conjunction with the publication of this special issue, the Journal is hosting this workshop for authors to discuss their pieces and to take questions and comments from workshop attendees and fellow panelists.
Speakers include: Professor Laura Coordes, Professor Odette Lienau, Professor Anthony Casey, Professor Joshua Macey, Professor George Triantis, Professor Jared Ellias, and Professor Jay Westbrook
Presentation of Essays, Part II
No full textPresentation of Essays, Part II
Government Activism in BankruptcyGeorge Triantis, Charles J. Meyers Professor of Law and Business, Stanford Law School; andJared Ellias, Professor of Law, the Bion M. Gregory Chair in Business Law and Faculty Director of the Center for Business Law, UC Hastings Law, San Francisco
EssayJay Westbrook, Benno C. Schmidt Chair of Business Law, The University of Texas at Austin School of La
