3246 research outputs found
Sort by
Reforming the Federal Regulatory Review Process
Full text linkFor decades, the Office of Information and Regulatory Affairs (OIRA) has overseen the development of federal regulatory policies with a strong emphasis on benefit-cost analysis. Despite its conceptual appeal, this analytic tool consistently shortchanges environmental and public health protection, with especially negative consequences for environmental justice communities. In this article, we address some of those shortcomings, focusing in particular on the standard agency practice of arithmetically discounting regulatory costs and benefits that accrue in the future. We propose that the OIRA abandon this practice as it relates to non-market goods, such as human lives saved, and instead work toward a more flexible and holistic approach to regulatory review. In addition, we urge the OIRA to better address environmental justice concerns by placing greater emphasis on distributional and cumulative impacts, highlighting numerous analytic tools that the OIRA could use or adapt in service of that goal. Finally, we discuss ways in which the OIRA could foster a more inclusive and accommodating administrative culture—one more attuned to the needs of environmental justice communities—by reforming both its external and internal processes
Race, Ethnicity, Justice, and Self-Regulating Beliefs among a Sample of Justice-Involved Men and Women
No full textDrawing on elements from the process-based model of policing, intersectionality, critical race perspectives, and comparative conflict theory, the study explores the pathways by which racial and ethnic identity influence self-regulating beliefs among justice-involved individuals. Given that people of color within this group are acutely aware of criminal justice system oppression and inequalities and have likely internalized negative expectations as part of their identity, we consider whether procedural justice perceptions of the police and courts mediate the relationship between racial and ethnic identity and obedience to the law. Relying upon data from a sample of men and women incarcerated in Florida, the findings reveal a negative, indirect relationship between race and self-regulating beliefs, such that Black individuals perceive the police as less procedurally just, which spills over onto perceptions of court procedural justice, and ultimately decreases the willingness to obey. A similar relationship is not found for Hispanic individuals
The Spree of Principles and the Abuses of the Balancing Doctrine in Brazil
Full text linkThis article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent in their misuse
An Unauthorized Renaissance? An Analysis of Artists’ Claims for Copyright Infringement Against AI Generated Art and Possible Defenses
Full text linkAI currently presents a novel issue in terms of copyright infringement, specifically AI generated art. Recently, a group of artists filed a class action lawsuit against several AI generated art companies. This comment evaluates the potential avenues the court may take. The artists allege these AI generated art companies directly infringed on their copyrighted works by making unauthorized copies of copyrighted works which they used to train their machine learning programs. A determination on whether AI generated art constitutes copyright infringement has not been made by the courts before. To bring a successful copyright infringement claim, a party must show proof of a valid copyright and actual infringement. Copying is considered an infringing act. There is currently a circuit split on whether downloading a copyrighted work constitutes copying. Should the court in the instant lawsuit follow the Seventh, Ninth, and D.C. Circuits, downloading unauthorized copies of copyrighted work to train machine learning programs would be copyright infringement. This comment evaluates a potential fair use defense the AI generated art companies may pursue and its viability. Lastly, the court may take into account policy considerations regarding innovation being stifled by AI generated art and unfair competition
Defining the Relationship Between Municipal Bankruptcy and Modern Federalism Jurisprudence
Full text linkThis article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic\u27s economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9\u27s limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts\u27 powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, and the separation of powers in addressing municipal fiscal crises and the restructuring of local governance
Revisiting the Federal Circuit En Banc
No full textProfessor Ryan Vacca from the University of Missouri presented his work Revisiting the Federal Circuit En Banc. The paper examines the Federal Circuit’s historical use of en banc review in shaping patent law and its sudden abandonment of the practice in 2018. Vacca explores potential causes for this shift, including the rise of the Patent Trial and Appeal Board (PTAB), increased congressional and Supreme Court involvement in patent law, and changes in the Federal Circuit’s judicial composition. He argues that restoring en banc review is crucial for maintaining consistency in patent law and effectively guiding patent stakeholders.https://ecollections.law.fiu.edu/faculty-workshops/1078/thumbnail.jp
Against Self-Defeating Climate Policy
Full text linkThis paper contends that the narrow Overton window on climate policy is self-defeating to the goals of many climate activists and policymakers. It gives three examples of policies that do little to address carbon emissions and are likely to fail: (1) how decarbonization policies are destroying electric grid reliability; (2) how the attempt to eliminate the internal combustion engine is leading to the “Cuba-fication” of the automotive fleet; and (3) how the focus on reducing domestic carbon emissions leads to regulatory arbitrage. The paper provides three corresponding recommendations, contending (1) that states should eliminate RTOs and ISOs in favor of vertically integrated utilities and that we should eliminate unnecessary regulatory barriers to the development of new nuclear reactors, (2) that we should promote tech-neutral ways of reducing vehicle emissions, e.g., by authorizing the use of higher-octane fuels, and (3) that domestic industry should be promoted through permitting reform, deregulation, and industrial policy. The paper concludes by positing that self-defeating climate policy predominates because public discourse on climate policy is based on what Eric Voegelin called “gnostism,” which confuses temporal and spiritual concerns, leading to destructive policies that refuse to acknowledge the structure of reality