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Cracking Causation: The Need for a Workable Link Between the Anti-Kickback Statute and False Claims Act
Get PDFOnce Lost, Painfully Present: Maya Angelou’s Blacks, Blues, Black! (1968)
No full textDr. Maya Angelou’s Blacks, Blues, Black! was a triumph of Civil Rights-era public affairs television, produced and aired amid nationwide uprisings in the immediate wake of Dr. Martin Luther King Jr.\u27s assassination in 1968. Blacks, Blues, Black! promoted Black unity, education, liberation, and culture. However, after it aired, the show’s tapes were lost for decades and only rediscovered by chance in 2009. With its rediscovery, the program reveals similarities between state-sanctioned violence against Black people in 1968 and today while introducing a new generation of viewers to Angelou’s enduring insights and strategic sensibility.
This talk sets forth a rewriting of media history about lost archives, Black visibility, creative autonomy, publicly funded media, and popular education television. In addition, we will analyze the specific lessons arising from the educational content of Blacks, Blues, Black!, the African origins of Black cultural forms/practices, and Black unity, offering strategic insight into combating temporal state violence against Black bodies.
The presentation will include a discussion of the legal landscape for Black media outlets during the late 60’s and early 70’s. Pressing legal questions and relevant legal cases regarding Black America and the media will be examined. Speaker Bio
Dr. Adrien Sebro (SEE-bro) is an Assistant Professor of Media Studies at the University of Texas at Austin. He specializes in critical media studies at the intersections of race, socioeconomics, gender, performance and Black popular culture. Sebro is also a Faculty Affiliate with the Department of African and African Diaspora Studies. His recently published book, Scratchin’ and Survivin’: Hustle Economics and the Black Sitcoms of Tandem Productions (Rutgers University Press), explores a production history of Black economics and creative agency in the all-Black cast sitcoms of Tandem Productions: Sanford and Son (1972-1977), Good Times (1974-1979), and The Jeffersons (1975-1985). Sebro\u27s commentary and expertise have been featured on ViceTV, Variety, USA Today, NBC News, HuffPost, and CNN
The Tensions Between Copyright and the Public Domain: How Canada Can Combat the Effects of CUSMA
Get PDFSecurities Regulation by Survey
No full textThe world has changed dramatically since Congress promulgated the Securities Act of 1933 and the Securities Exchange Act of 1934—especially in the realm of financial technology. Regulators have struggled to address and close the regulatory lag that exists between financial innovation and regulation. Detecting wrongdoing, understanding market behavior, and learning investor preferences have always been and continue to be challenges in closing this gap. This Article recommends supplementing existing federal securities law with a novel form of market surveillance that I have termed, “regulation by survey,” which involves the surveying by regulators of investors for purposes of gaining a deeper understanding of what is occurring within securities markets. The benefits of regulation by survey are plentiful; it improves regulator surveillance and understanding, promotes market confidence, and allows investors to engage in improved decision-making. Although several concerns exist regarding regulation by survey—namely that it detects injuries after they have occurred, depends on investors to provide meaningful information, permits trolling and manipulation, and creates administrative costs—its benefits far outweigh any concerns. This Article contributes to the existing literature in three main ways. First, it proposes “regulation by survey,” a unique form of market surveillance that would not have been possible at the time of the passage of the Securities Act of 1933 and the Securities Exchange Act of 1934. Second, it identifies three emerging areas of securities regulation with market transparency and market surveillance concerns—the regulation of robo-advisers, crowdfunding, and virtual worlds—and it suggests that these emerging areas be used as a proving ground for regulation by survey. Third, it discusses the benefits of a novel theory of regulation, i.e., regulation by survey, that can be used widely throughout the realm of securities law and beyond
The Leader We Wish We All Had Is YOU: Insights from the COVID-19 Pandemic
Get PDFThis is an essay based on Dr. Amy Acton\u27s Schroeder Lecture at Case Western Reserve University School of Law in October 2023. Dr. Acton was the Director of the Ohio Department of Health during the early months of the COVID-19 pandemic. She discusses lessons learned from serving in this capacity and leading Ohio’s pandemic response
COVID-19 Tort Reform
Get PDFIn 2020 and 2021, 44 states and Washington, D.C. passed laws that limited tort liability related to COVID-19. The most common reforms immunized health care providers from malpractice or similar liability. A second category is limited liability to individuals or businesses for exposing others to the novel coronavirus. And a third category protected manufacturers of supplies used to detect and prevent COVID- 19 from products liability suits. The goals of these reforms included protecting health care providers from uncertainty in providing care for a novel disease, limiting the macroeconomic consequences of the pandemic, and encouraging the distribution of critical supplies to avoid shortages. States providing immunity assumed that institutions and individuals alike would react to reforms, as theory predicts, by engaging in more of the immunized activities. In general, the literature supports the assumption that institutions, like hospitals or manufacturers of face masks and COVID-19 tests, change their behavior in response to tort reform. Yet there is little empirical evidence demonstrating how tort law affects risk-taking by individuals. The lack of evidence about the relationship between tort law and individual decision-making is of broad interest, as one of the primary goals of tort law is to incentivize efficient levels of risk-taking. This Article provides novel empirical evidence on the effects of COVID-19 tort reform on public health. The analysis yields three important results. First, it shows that medical liability reforms had counterproductive public health effects. States that immunized health care providers from tort suits arising out of COVID-19 care experienced 20% more COVID-19 cases and 5% more COVID-19 hospitalizations. Second, the results demonstrate that exposure reforms counterintuitively decreased COVID-19 cases by making it easier for businesses and other institutions to require customers to comply with public health guidance. Third, the results reveal that tort law had very little effect, if any, on the precautions individuals chose to avoid contracting or spreading the disease. The third result is broadly interesting, as it indicates that tort law will be a weak incentive to individuals whenever they are choosing a level of care that can protect themselves or others
New Rules for a New Era: Regulating Artificial Intelligence in the Legal Field
Get PDFAs Artificial Intelligence (AI) continues to evolve at a rapid pace, many industries have already started integrating new technologies to reduce costs and labor. While this is practical for some industries, the legal industry should be cautious before fully integrating AI. Some legal-service providers are already developing and offering new AI products. But the legal industry must approach these new products with some skepticism. While AI may eventually bring positive changes to the legal industry, AI currently has many flaws. This can create negative unintended consequences for attorneys and judges that are unaware of these flaws. Further, AI is not yet ready to replace attorneys in many key areas of representation. Consequently, the legal industry should proactively take steps to regulate itself and restrict the use of AI in the legal industry until it is ripe for integration
The Geneva Conventions at 75: Need for Innovation
No full textThis symposium, which serves as the Midwest Regional Conference of the American Branch of the International Law Association, will commemorate the 75th Anniversary of the 1949 Geneva Conventions. Two dozen of the world\u27s leading experts in international humanitarian law will participate as speakers and panelists. In an age of new technology and means of warfare, it will focus on whether there is a need for a new Geneva Convention for the challenges of the 21st century
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