Learn more about Peltz-Steele v. UMass Faculty Federation at Court Listener and the Liberty Justice Center. Please direct media inquiries to Kristen Williamson.
Showing posts with label social science. Show all posts
Showing posts with label social science. Show all posts

Wednesday, April 8, 2020

'Ley contra la pandemia': CFP se extiende a las contribuciones en español


¡Convocatoria de contribuciones!

Los académicos, estudiantes, profesionales, todas las disciplinas, todas las naciones, están invitados a contribuir con artículos, comentarios y otros trabajos al nuevo sitio web y blog, Law Against Pandemic. Se aliente especialmente el trabajo de los estudiantes.  (CFP en inglés via The Savory Tort.)

Law Against Pandemic es un espacio para el debate sobre los aspectos legales de las pandemias como una herramienta de desarrollo y popularización de los logros de las ciencias sociales. El objetivo principal del proyecto es a crear una plataforma de publicación de artículos de alta calidad sobre aspectos legales de pandemias, para contribuir al discurso y al análisis de posibles soluciones.

Se aceptan textos en inglés, francés, alemán, polaco, y, ahora, español.


  

Siga Law Against Pandemic en Facebook y en Twitter.

 

 Envíe su manuscrito por email.


Estos comentarios recientes se publican en Law Against Pandemic.

Alternative dispute resolutions during global pandemic and beyond
by August Adamowicz

Is there a tool that could be used by the lawyers to mitigate the negative effects arising from the situation we are in? I believe that in some instances proper use of Alternative Dispute Resolution methods could help resolve disputes remotely, but also after the epidemic ends it could reduce the number of urgent court cases and at least in some part help to return the judicial system to normal functioning.  Read more.

Pandemic and international trade law. Is there a silver lining?
by Cyprian Liske

Current events show more clearly than ever how strong economic interconnections between countries are in the modern, globalised world. A severe crisis in just one country can break supply chains around the whole globe, not even to mention financial consequences which, as we know at least since 2008, can spread just like a deadly virus.... How do the countries choose to deal with it internationally? Do we restrict trade in the face of such dangers? Or are we trying to liberalise it in order to keep the flow of goods? What about the export of deficit goods which may be used by countries to fight pandemic domestically?  Read more.

Labour market after COVID-19
by Łukasz Łaguna

Currently, the whole world is fighting the COVID-19 epidemic. All countries are racing to find anti-crisis solutions to ensure the least possible losses for every labour market. At the same time, it should be borne in mind that no country in the world will be able to maintain such intensive financial assistance in the long run. High social benefits are only an ad hoc aid for the temporary maintenance of financial continuity of entrepreneurs.  Read more.

Wednesday, April 1, 2020

CFP: Law Against Pandemic


Calling contributors!


Scholars, students, practitioners, all disciplines, all nations, are invited to contribute articles, commentary, and other work to the new website and blog, Law Against PandemicStudent work is especially desired, so professors, please spread the word (at an appropriate social distance) in your schools.

Law Against Pandemic is a "[s]pace for debate on the legal aspects of pandemics as a tool of development and popularisation of the achievements of social sciences." The project states as its main goal, "Creation of a publishing platform for high quality articles on legal aspects of pandemics, in order to contribute to the discourse and the analysis of possible solutions."

"We will publish articles and commentaries on the interrelations between law and pandemics.  There is no character limit. We accept texts in English, French, German, and Polish."

Read more in Law Against Pandemic guidelines.

 

Follow Law Against Pandemic on Facebook and on Twitter.

 

 Email submissions.


Currently available from Law Against Pandemic:



Mikołaj Sołtysiak, SARS-CoV-2 a stosunki zobowiązaniowe [SARS-CoV-2 and contractual relations].  Mikołaj Sołtysiak is a third-year student in civil law at Jagiellonian University in Poland.  The article is in Polish; here is the abstract, my translation:
The epidemic state means a period of extraordinary circumstances affecting many contractual relationships. Civil law provides for certain constructs that will enhance the content of contracts in exceptional circumstances, but only to a limited extent. Many situations caused by SARS-CoV-2 do not qualify for the use of mechanisms such as rebus sic stantibus, or lack of liability due to force majeure, and yet, it seems axiologically inappropriate to be indifferent to such cases. Here the key role of the legislator is revealed.
While Sołtysiak contemplates a need for the exercise of legislative power, I contributed a piece to Law Against Pandemic on the need in the United States for the federal executive authority to step up to the challenges of the coronavirus crisis.

Springer 'Law and Development' book: Introduction is now free for download

Recently I announced the publication of Law and Development, a new collection of research articles from multi-national and multi-disciplinary perspectives, as well as my own contribution, with Gaspar Kot, on comparative access to private-sector information in South Africa and Poland.  Publisher Springer has now authorized free public download, via SSRN, of the book's Introduction, from the co-editors, Piotr Szwedo, Jagiellonian University, Poland; Dai Tamada, Kobe University, Japan, and me.

Please enjoy our Introduction to Law and Development: Balancing Principles and Values.

Monday, March 23, 2020

Multidisciplinary 'Law and Development' book tackles hard problems from principled perspectives

[UPDATE, March 31, 2020: The Introduction to Law and Development is now available for free download from Springer, via SSRN.]

I am thrilled to announce the publication of Law and Development: Balancing Principles and Values, from Springer, a publication in the Kobe University Monograph Series in Social Science Research (flyer). While I was privileged to serve as a contributor and co-editor, with Professor Dai Tamada (law site), of Kobe University in Japan, this book has been a project of passion for our lead editor, my inspiring colleague and friend, Professor Piotr Szwedo. On the law faculty of the Jagiellonian University (UJ) in Poland, Professor Szwedo serves as head of the OKSPO Center for Foreign Law Schools and co-director of UJ law programs with the Columbus School of Law at The Catholic University of America, and the Université d’Orléans.

Born of an international conference organized by Professor Szwedo at UJ, this ambitious multidisciplinary collection examines the problem of "development" across the world especially from perspectives informed by morality and ethics. Here is the jacket précis:

This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.
Prof. Szwedo
Prof. Tamada
In organizing the book's 13 contributed chapters, we envisioned and executed on four threads of approach: (1) conceptualizing development, (2) financing development, (3) development and society, and (4) applied sustainable development.  Scholars, lawyers, and scientists who approach development from diverse professional, geographic, and experiential perspectives all will find compelling inroads in this volume, which ranges from the highest echelons of philosophical thinking about the human condition to the most earthbound problems of how many fish swim in the sea.  With DOI links, here are the contents and contributors:
  1. “Law & Development” in the Light of Philosophy of (Legal) History, by Tomáš Gábriš, Faculty of Law, Comenius University in Bratislava, Slovak Republic.
  2. Populorum Progressio: Development and Law?, by Christine Mengès-Le Pape, University Toulouse, France.
  3. Luigi Sturzo’s Socio-economic Development Theory and the Case of Italy: No Prophet in His Homeland, by Flavio Felice, University of Molise, Campobasso, Italy; and Luca Sandonà,University of Trieste, Trieste, Italy.
  4. International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development, by George Garvey, The Catholic University of America, Washington, D.C., USA.
  5. Common but Differentiated Responsibilities for Developed and Developing States: A South African Perspective, by Zuzana Selementová, LL.M. (Cape Town), Valouch, and Attorneys-at-Law, Prague, Czech Republic.
  6. Must Investments Contribute to the Development of the Host State? The Salini Test Scrutinised, by Dai Tamada, Graduate School of Law, Kobe University, Japan.
  7. Water: The Common Heritage of Mankind?, by Franck Duhautoy, University of Warsaw, Centre of French Civilisation, Poland.
  8. Private-Sector Transparency as Development Imperative: An African Inspiration, by Richard Peltz-Steele, University of Massachusetts, North Dartmouth, USA; and Gaspar Kot, Jagiellonian University, Kraków, Poland.
  9. Between Economic Development and Human Rights: Balancing E-Commerce and Adult Content Filtering, by Adam Szafrański, Faculty of Law and Administration, University of Warsaw, Poland; Piotr Szwedo, Faculty of Law and Administration, Jagiellonian University, Kraków, Poland; and Małgorzata Klein, Faculty of Geography and Regional Studies, University of Warsaw, Poland.
  10. A Comparative Law Approach to the Notion of Sustainable Development: An Example from Urban Planning Law, by Ermanno Calzolaio, University of Macerata, Italy.
  11. Challenges Concerning ‘Development’: A Case-Study on Subsistence and Small-Scale Fisheries in South Africa, by Jan Glazewski, Institute of Marine & Environmental Law, University of Cape Town, South Africa.
  12. Economic and Social Development in the Republic of South Africa’s New Model of Mineral Rights: Balancing Private Ownership, Community Rights, and Sovereignty, by Wojciech Bańczyk, Jagiellonian University, Kraków, Poland.
  13. Sustainable Development as a New Trade Usage in International Sale of Goods Contracts, by Daniel Zatorski, Faculty of Law and Administration, Jagiellonian University, Kraków, Poland.
An introduction from the editors ties the work together.  Previews (with abstracts) of each chapter can be viewed from the book's home page at Springer (or from the DOI links above), where also a flyer about the book can be downloaded.  Working on this project has been a tremendous education for me on law and development.  My congratulations and deep gratitude extend to Professor Szwedo, Professor Tamada, and every one of the contributing authors.

Saturday, September 14, 2019

Shine the light: 'Journal of Civic Information' debuts

There can't be enough research on facilitating the freedom of information, given that today we are a global information society.  A new journal debuted this month from the Brechner Center and partners that strikes at the FOI sweet spot, and as we wish all information projects were, it's open access.  Welcome to The Journal of Civic Information.  Here is its About:

The Journal of Civic Information is an open-access, interdisciplinary journal that publishes peer-reviewed research related to the field of accessibility of public information. We welcome submissions from both scholars and practitioners from all disciplines that involve managing information for public use. 
The Journal is a publication of the Brechner Center for Freedom of Information at the University of Florida. The Brechner Center is an incubator for initiatives that give the public timely and affordable access to the information necessary for informed, participatory citizenship. The Center is a source of research, expertise and advocacy about the law of gathering and disseminating news across all platforms and technologies. 
The Journal publishes quarterly online, and author submissions will be accepted on a rolling year-round basis. 
Proposals may encompass any research methodological approach (legal, survey, experimental, content analysis, etc.), and should provide insights of practical value for those who work day-to-day in access to government information. Topics may include issues regarding access to public records and meetings, court transparency, access to public employees and elected officials, open data and technology, and other related matters. The Journal gives priority to articles with relevance to the state-and-local levels of government. 
And here is the ToC for volume 1, issue 1:


Submitting authors start here.  The journal is headed by access aces Frank LoMonte, University of Florida; David Cuillier, University of Arizona; and Rachael Jones, University of Florida.  I'm privileged to add the rough edge to an otherwise exceptionally well rounded editorial board.

Bring it on, secrecy!

Wednesday, August 14, 2019

My Summer Book Report


I squeezed in some leisure reads this summer:

  • Yuval Noah Harari, Homo Deus.  Yes, I drank the Harari Kool-Aid.  I am a true believer. Frightfully enjoyable stuff.  Sapiens is on my desk now.
  • Ian McEwan, Machines Like Me.  Poor Ian McEwan (Atonement) has taken it on the chin from scifi fans for daring to dabble in the genre in this thought-provoking book that I quite adore.  Sure, the basic question of "Data"'s humanity (cf. ST:TNG) is trodden territory, but give a guy some credit for doing his homework and bringing his signature writing flair to the table in this page turner.  It's a far better book than Solar.  We don't talk about that.
  • David Sedaris, Calypso.  Unfathomable how his books go from best to even better.  You must have David read you his audiobooks. 
  • Bryan Stevenson, Just Mercy: A Story of Justice and Redemption.  Essential reading for the legally inclined.  Can’t wait for the movie.  Three words: Michael. B. Jordan!
  • Luis Alberto Urrea, The House of Broken Angels.  For my fellow book group member who’s a LatAm aficionado, I am willing to revisit the trippy genre of my undergrad lit major once per year.  It’s always a, um, magic carpet ride, if you will.

And here is the most interesting stuff I read this summer, professional edition.  These are the categories!
·         Torts
·         Legal Education
·         Popular Culture
·         Self-Improvement

Torts

Kenneth S. Abraham & Leslie Kendrick, There’s No Such Thing as Affirmative Duty, Virginia Public Law and Legal Theory Research Paper No. 2018-59 (on SSRN).  OK, so maybe I didn’t actually read this 65-page paper.  Instead I read about it, and who could do otherwise?, when Anthony Sebok at Cardozo Law wrote such a great review for JOTWELL.  Abraham and Kendrick call for abandoning the Restatements’ wearisome struggle to chart the contours of affirmative duty.  Instead they would take what I would describe as a more European approach, looking at duty, affirmative or otherwise, as a function of risk creation.  I do think this approach has a bead on the doctrinally drifting direction of duty from the Second to Third Restatements, so maybe this is the future.  Sebok aptly observes that this kind of thinking jives with Stephen Sugarman’s proposed merger of intent and negligence.  Fortunately I’m less than 20 years from retirement, because I fear that by that time, torts will just be a squishy blob of relativistic uncertainty not unlike the inside of an atom.  Teaching that will be for younger minds.

Free Speech, Freedom of Information, and Privacy

Enrico Bonadio & Nicola Lucchi, Copyright and Pornography, in Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? 418 (Enrico Bonadio & Nicola Lucchi eds. 2018) (SSRN).  Copyright.  Pornography.  You do the math.  Seriously, worth a read, and informative multinational perspective.

Adam Candeub, Nakedness and Publicity, ___ Iowa L. Rev. ___ (forthcoming 2019) (SSRN).  Adam Candeub at Michigan State Law explores the right of publicity as a revenge-porn remedy.  And why not?  Tort and IP’s disfigured offspring does so much else….

Megan Deitz, Note, A Crime Remembered: The Possible Impact of the “Right to be Forgotten” in the United States for Crime Victims, Criminal Defendants, and the Convicted, 9 Ala. C.R. & C.L. L. Rev. 197 (2018).  Kudos, Megan Deitz, J.D. U. Ala. ’18.  This is what I was talking about.  Ban the box is great, but it’s not going to get us there.  And to think that I found this article through an AEJMC newsletter…  heresy!

Anthony L. Fargo, Protecting Journalists’ Sources Without a Shield: Four Proposals, 24 Comm. L. & Pol’y 145 (2019) (abstract at T&F).  Tony Fargo at Indiana University-Bloomington has pursued a range of interests in his career—he’s the founding director of the Center for International Media Law and Policy Studies—but all the while remained the national authority on reporter’s privilege.  With a federal shield law a long time not coming, this articles explores alternatives in (1) whistleblower protection, (2) government transparency to disincentivize leaking, (3) legal protection for anonymous sources, and (4) encryption tech.

Giovanni De Gregorio, Secret Filming and the Right to Inform Under an European Constitutional Perspective: The Case of Alpha Doryforiki v. Greece, 2:2 Rivista di Diritto dei Media 410 (2018) (SSRN).  I’m a fan of European privacy law, but even the most committed fan has to admit that it has generated some absurd results.  Count among them the notion that investigative journalists secretly recording corruption run the risk of violating politicians’ privacy rights.  Giovanni De Gregorio reviews the latest case law.  For heaven’s sake, no one tell the bureaucrats in Texas (see Texas v. Doyle, infra).

Thomas Healy, Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent, 50 Ariz. St. L.J. 803 (2018) (SSRN).  The relationship between Judges Hand and Holmes, and especially Hand’s slow-cooking influence on modern First Amendment jurisprudence as a result, has been the intriguing study of many writings before, Healy’s included.  Nevertheless, in this compelling essay, Thomas Healy at Seton Hall Law here revisits the subject for a close look, laying out the timeline and examining exactly what Holmes’s evolving position took and did not take from Hand’s earnest offerings.

Matteo Monti, Automated Journalism and Freedom of Information: Ethical and Juridical Problems Related to AI in the Press Field, 1:1 Opinio Juris in Comparatione: Studies in Comparative and National Law (2018) (SSRN).  I am not a fan of the trend that puts “and AI” after everything, and voila!, new article, new theory, new field of law, new main dish.  All the same, this article on AI implications for journalism, with an especial eye to the problem of tort liability, is a neat, thoughtful, and very readable roundup from an unexpected source.  Don’t be confused by the title: in American parlance, this is more about free speech, or free flow of information, not FOI in the access sense.  Matteo Monti is a Ph.D. candidate at the Institute of Law, Politics, and Development of the Scuola Superiore Sant’Anna, a public university in Pisa.

Let's burn some books, Dark Ages style! And maybe a philosopher, too.
(Metropolitan Museum of Art, c.1515–27, Purchase, Joseph Pulitzer Bequest, 1917.)
Ada Palmer, How #Article13 is Like the Inquisition: John Milton Against the EU #CopyrightDirective, BoingBoing, Mar. 24, 2019.  This.  Is.  Brilliant.  This short essay should be required reading for every human being with an internet connection.  Don’t let the title’s narrow references to copyright and the EU throw you off; the implications of this piece are breathtaking.  Ada Palmer, University of Chicago history professor and science fiction writer, analogizes internet content filtering—the kind that everyone now is clamoring for Google, Facebook, and Twitter to double down on—to the very press licensing that earned John Milton’s critical condemnation in the Areopagitica, circa 1644.  It’s a downright terrifying proposition that leaves me wondering whether our best intentions are not already about the industry of turning the internet into the most repressive thought regime in the history of human civilization.  Best not read just before bed.

Texas v. Doyle, No. PD-0254-18 (Tex. Ct. Crim. App. Feb. 27, 2019) (via Texas Tribune).  I’m just going to say it, because we’re all thinking it, and something needs to be done: there’s something wrong with the water in Texas.  This case is the latest in what’s going on a decades-long saga of First Amendment challenges to the Texas Open Meetings Act (OMA).  You read that right: public officials are claiming that the open meetings act violates their First Amendment rights.  It would be funny, except they won.

Admittedly and rightly, the First Amendment calls for heightened scrutiny of criminal laws (and tort law) when violation is accomplished only by First Amendment-protected activity, such as speech.  Texas officials have long and fruitfully argued that the criminal-enforcement provisions of the OMA deprive them of their First Amendment right to communicate with one another.  Specifically, they contest the vagueness of applying the OMA to “meetings”—such as serial, or “daisy chain,” communications—alleged to subvert the OMA.

First Amendment problems in criminal law are often overcome by mere scienter; ask Michelle Carter’s counsel about that.  But it’s famously difficult to prove intent to subvert a freedom of information act, so transparency advocates have fought for enforcement mechanisms that operate shy of criminal intent.  I honestly don’t know whether this problem in Texas resulted from overzealous enforcement or opportunistic politicians in smoke-filled rooms, but the nonsense has got to stop.  I’ve seen OMA violations in other states, and I’ve seen innocent non-compliance, and I’ve never been confused about the difference between the two.

Legal Education

Lawrence J. Trautman, The Value of Legal Writing, Law Review, and Publication, 51 Ind. L. Rev. 693 (2018) (SSRN).  A business law professor at Western Carolina University, Lawrence Trautman capably offers this hefty opus, the latest entry in the legal-scholarship-matters genre.  The addition is welcome, as if more evidence should be needed to refute the snarky, anti-intellectual, and ultimately counter-factual rhetoric about the uselessness of legal scholarship (much less legal writing).  (See my own missive of some years ago for background, hat tip at UMass Law Review and Steve Zoni.)  In his abstract, Trautman “hope[s] this Article may become a required reading as one of the first assignments for all incoming first-year law students, or even before any classes begin.”  I’m down with that, but we might need an abbreviated version.

Popular Culture

Charles Duhigg, The Real Roots of American Rage, The Atlantic, Jan./Feb. 2019.  It goes without saying that everything in The Atlantic, my favorite magazine, is worth reading.  But my wife thought to point out this article to me.  I’m trying not to read too much into that.  Pulitzer-Prize winner Charles Duhigg takes a deep dive into outrage in our present social and political environment—newly salient upon the Dayton and El Paso shootings.  Building out from some groundwork in psychology by UMass Amherst’s James Averill, Duhigg establishes that ignoring our social anger or suppressing it is maybe the worst thing we could do.  He explores research that shows instead a possible way forward.

Self-Improvement

Jon Acuff, Do Over: Make Today the First Day of Your New Career (2015).  Just a couple years ago, I discovered Jon Acuff.  Yeah, I know, I got there late.  Anyway, I read the free preview, chapter 1, of his 2015 book, Do Over.  You can too.  I’m not going to read the rest, because I more or less like my job (underpaid), and I’m not really the self-help-reading sort.  Nevertheless, I liked this, as I seem to like just about everything Jon Acuff writes and says.  He makes me smile.

Wednesday, January 31, 2018

Brief argues public interest in social science research, FOI, while managing privacy risk

Representing the National Association of Scholars, UCLA Professor Eugene Volokh, UALR Professor Robert Steinbuch, and I filed an amicus brief in a California appellate case in which we argue the public interest in social science research, especially freedom of information in the area of legal education and admission to the bar, while managing risks to personal privacy.  Below is the introduction.  A longer excerpt appears here on TaxProf Blog, along with a link to the full brief in PDF.  My thanks to two formidable writing partners and a dedicated client.

Introduction
The public good often depends on social science research that employs personal data. Volumes of scientific breakthroughs based on data accumulated through access to public information demonstrate the importance and feasibility of enabling research in the public interest while still respecting data privacy. For decades, reliable and routine technical methods have ensured protection for personal privacy by de-identifying personal data.
Social science research into legal education and admission to the bar is presently a matter of urgent public interest and importance, requiring solid empirical analysis of anonymized personal data that government authorities possess. Social science research of the very kind proposed by Appellants Sander and The First Amendment Coalition represents standard, indeed commonplace, research practice furthering the public interest, while employing established methodologies that minimize the risk to privacy.