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Diligent Influence
Get PDFSocial media influencers wield astonishing marketing power. While influencing may be innocuous in some respects, scholars have argued that influencer marketing—which is uniquely high-touch, individualized, and intimate—raises novel consumer safety concerns. These concerns, in turn, beg crucial questions of risk allocation. In her excellent Note, Under the Influence: Duties, Deception, Disclosures, and Due Diligence of Social Media Influencers, Arianna Kiaei describes the psychological and economic impacts of social media influencing and makes a compelling case for influencer accountability. Kiaei argues that current regulations focus too narrowly on the companies promoting their products through influencers; instead, Kiaei suggests that the robust accountability required to protect influenced consumers cannot adequately be achieved without focusing on influencers themselves. To encourage influencer accountability, Under the Influence proposes a diligence solution: Influencers should assess products through personal use and independent research before posting about their experiences on social media platforms. Kiaei borrows from Delaware corporate law to submit that influencers who comply with established due diligence processes might satisfy a duty of oversight reminiscent of that owed by directors and officers as part of the fiduciary duty of loyalty. In theory, in the event of a regulatory crackdown, an influencer’s good faith implementation of investigative systems and monitoring of risks in their social media activities (i.e., diligence) could satisfy any oversight duties courts might impose on them.
Kiaei’s ex ante approach to influencer accountability convincingly weaves together observations of influencer credibility, audience trust, and consumer safety to make a case for a strengthened regulatory regime and duty-based compliance. This Comment builds upon Kiaei’s novel contributions. More can be done to incentivize influencer accountability, as Kiaei demonstrates. More can also be done to incentivize companies and third parties to require such accountability. Drawing on contract law, contract theory, and a flourishing body of research on influencer marketing, this Comment contemplates the role of private ordering in social media influencing and considers how companies’ influencer policies might impact major corporate transactions such as mergers and acquisitions (“M&A”).
Part I of this Comment considers the use and efficacy of morality clauses in social media influencer contracts. Part II zooms out, using M&A as a framing device to spotlight the signaling functions of private ordering in social media influencing and arguing that this signaling is consequential to companies’ business prospects and financial success. This Comment concludes by revisiting Kiaei’s proposal and joining the call for diligent influence
Home—The Final Frontier: Why Privacy Means Protecting Workers\u27 Rights to Time and Space
Get PDFThis article critiques the failure of current privacy frameworks to protect workers—especially teleworkers—from the growing encroachment of employer surveillance into their homes. It argues that prevailing privacy regimes, including notice-and-choice models and the GDPR, inadequately address the systemic power asymmetries in the employment relationship, often enabling rather than restricting invasive monitoring. Drawing from labor law traditions, the authors propose a rights-centered framework that views time and space as essential for human dignity and autonomy. They call for a non-negotiable floor of protections, including surveillance-free periods, bans on data commodification, and the establishment of an enforcement inspectorate. By reframing privacy not as a transactional good but as a fundamental labor right, the article advocates for pragmatic legal reforms that counteract the exploitation of home-based workers in a data-driven economy
“Freedom Lives Hence, and Banishment Is Here”: The Weaponization of Immigration Law to Punish Political Dissidents
Get PDFThis Note explores the long and bipartisan history of the United States government’s weaponization of the immigration system to control, exclude, and expel percieved political enemies. The near-unlimited power that the federal government has acrrued in immigration matters has been used since the Founders’ generation to purge the country of those whose ideas and speech are seen by the powers that be as threatening or subversive. This Note traces the arc of such efforts from the Alien and Sedition Acts of 1798 to the explusion of activists under President Trump. The Note also examines attempts to force the courts to provide a check against retaliatory deportations and the judicial branch’s consistent refusal to accept any such responsibility. The piece concludes by reviewing two recent suits aiming to fight retaliatory deportations and noting the threat to the civil rights of all Americans – including citizens – that the repression of immigrants’ speech rights augurs
Legalist Realism
Get PDFThis essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of legalist realism. Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and activate accountability. Hence, her work roots in realism at the same time. This appears in her work exploring how the International Criminal Court should speak to the United States, so as to create reciprocity in which the United States might support the Court
Criminal Procedure (10th ed. 2025)
No full textThe tenth edition of Criminal Procedure focuses on the Fourth Amendment search and seizure provision, the Fifth Amendment protection against unlawful confessions, the Sixth Amendment right to counsel, and more. It effectively covers all of the foundational constitutional criminal procedure concepts and recent U.S. Supreme Court cases, including those analyzing Miranda\u27s constitutional status and searches of smart phones and historical cell phone records, as well as the use of canine officers to conduct searches.
In addition, the book includes a number of notes, questions, and problems exploring state and lower federal court cases interpreting Supreme Court precedent to address existing and developing criminal procedure issues. It also provides several forms and examples to help students fully appreciate and analyze key principles of constitutional criminal procedure.https://scholarlycommons.law.wlu.edu/fac_books/1206/thumbnail.jp
Introduction—Corporate and Securities Law Responses to Climate Change: Law and Political Economy Perspectives
Get PDFThis introductory essay has two parts. First, we address differences between the Law and Economics perspective and the Law and Political Economy (LPE) perspective on business and securities law and climate change. For example, an LPE approach—with its concern for discerning winners and losers and how power operates through law—rejects the facile separation of public and private law concerns. LPE repudiates the common notion that business law is and should solely be about maximizing shareholder wealth, with all else falling to government ex post. Indeed, elsewhere we have written about this as a misleading and harmful “separate spheres” conceit (Stevelman and Haan 2020). To the contrary, businesses and their investors must and do incorporate climate risks into their basic forecasts and strategic analyses, melding public and private concerns. And recent legal changes to board committee service mean that directors are more active in leading this process—no longer content merely to limit agency costs. Hence, environmental matters, once thought of as the province of public law, are now essential features of corporate and securities law, as the scholarship herein demonstrates. Moreover, especially after Citizens United v. FEC, it is obvious that businesses themselves do not adhere to a separate spheres approach. Rather, they actively deploy their capital to shape political and legal outcomes to their advantage.
In the second section of this introduction, we survey the eight articles presented herein, addressing them, in pairs, as complementary treatments of core issues in this evolving field
FTC v. Amazon: A Turning Point for Antitrust Law?
Get PDFThe United States is experiencing crippling economic inequalities that harken back to the Gilded Age. For the first time, legal scholars have turned to antitrust law to reverse this alarming trend. These scholars, including current Federal Trade Commission Chairwoman Lina Khan, are testing this ambitious theory in the E-commerce industry. E-commerce is a market largely dominated by one company: Amazon. With its dominance, Amazon lures small businesses into its third-party seller marketplace, where it controls those business’s prices and punishes those that resist. Lina Kahn’s FTC has formally launched its litigation campaign against Amazon, claiming that the company has violated Section Two of the Sherman Act and Section 5(a) of the FTC Act. After tracing antitrust’s evolution, discussing the parties’ claims and evaluating their theories, this Note will determine the Commission’s odds for success and promote a theoretical middle ground that the Commission can use if it argues the case in October 2026
Children as Informers and Denouncers, in Children and Violence: Agency, Experience, and Representation in and beyond Armed Conflict (Christelle Molima Bameka et al. eds., 2025)
Get PDFThis chapter explores the use of children in propaganda and informing networks as forms of violence. While this chapter nests in 20th- century Communism in the Soviet Union and Czechoslovakia, the interface of children with these networks is not unique to these times and places. Indeed, these experiences link to those elsewhere, thereby elucidating the dually manipulated and agentic role of children in a regime’s fight for legitimacy and thereby blending with a number of contributions to this volume including those by Mohamed Kamara and Sylvie Bodineau. The point of this chapter is not to particularise (or pathologise) Soviet and Czechoslovak approaches to youth mobilisation, but rather to unpack these as examples of far wider phenomena. We thereby shed light on the imagery and iconography of ‘childhood’ in public life. The specific historical analysis in this chapter, however, does suggest there is much more to learn about children and violence than offered by literature about ‘new wars’ in the Global South and that historical developments in Central and Eastern Europe also offer rich insights. We also touch upon the blurring of lines between the public and private, the political and the personal, the family and the state – and the reciprocal machinating of one by the other. This chapter – in the spirit of this edited volume as a whole – transcends a rigid and binary division between childhood and adulthood solely based on chronological age of 18. Age is instead presented as a continuum, with childhood experiences seen as informing adulthood, and dotted in between by the interstitiality of categories such as youth, adolescent, and juvenile. Indeed, the experiences of children and adults in fights may evince continuities rather than the prevailing (and often totalising) presumption of stark differences.https://scholarlycommons.law.wlu.edu/fac_books/1200/thumbnail.jp
\u3cem\u3eNavahine v. Hawai\u27i Dept. of Transportation\u3c/em\u3e: The Keiki Will Lead Us
No full textThe author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. Ultimately, the author argues for centering children’s rights to ensure meaningful legal responses to climate change
Introduction, in Children and Violence: Agency, Experience, and Representation in and beyond Armed Conflict (Christelle Molima Bameka et al. eds., 2025)
No full textThis multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’
Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the need to respect the agency and dignity of children and youth, to build cultures of juvenile rights, and to think critically of the place of the child amid global power politics and decolonisation. Through accessible writing, and the provision of considerable new data, this book supports advocacy work and will enrich teaching and spark further academic research.
This book will be of great interest to students of International Law, Human Rights, Childhood Studies, International Relations, Peace and Conflict Studies, Post- Conflict Studies, and Security Studies.https://scholarlycommons.law.wlu.edu/fac_books/1214/thumbnail.jp