Rethinking National Injunctions Article
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Marco Jimenez, Rethinking National Injunctions, 2020 Jotwell: The Journal of Things We Like 1 (2020)Clicking on the button will copy the full recommended citation.
Articles
Filling the Supreme Court Vacancy – Four Scenarios Article
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D. Benjamin Barros, Filling the Supreme Court Vacancy – Four Scenarios, The Hill (2020)Clicking on the button will copy the full recommended citation.
Does Increased Access to Home Mortgage Money Decrease Local Crime Rates? Evidence from San Diego County Article
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Will Bunting, Does Increased Access to Home Mortgage Money Decrease Local Crime Rates? Evidence from San Diego County, 84 Regional Science and Urban Economics 103570 (2020)Clicking on the button will copy the full recommended citation.
This study provides estimates of the impact of increased access to home mortgage credit on local crime rates and uses national home mortgage loan origination volume as a shift-share instrument for local home mortgage loan origination volume. The focus of the study is San Diego County from 2007-Q1 to 2013-Q1. The regression estimates indicate that increased access to home mortgage loans during this time period had a statistically significant negative impact on local crime rates: the baseline specification suggests that a ten percentage point increase in the growth in home mortgage loan originations decreases the growth in total crime incidents by approximately 2.75 percentage points. This finding is robust to different model specifications.
Punishing Vandalism Correctly in an Access Economy Article
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Will Bunting, Punishing Vandalism Correctly in an Access Economy, 34 Notre Dame J.L. Ethics & Pub. Pol'y 123 (2020)Clicking on the button will copy the full recommended citation.
This Article argues that the social impact of vandalism must be factored into the expected criminal punishment for this offense. Existing law does so unevenly. Acts of vandalism may have a positive social impact, either as street art or as a form of protected speech, or a negative social impact as costs that preclude the provision of public goods or goods traded upon the basis of access, and not ownership. In general, vandalism cannot be prevented by means of observable security measures; rather, vandalism must be deterred by means of higher expected criminal punishment. A large expected punishment, however, implicates what this article terms the “broken community theory of punishment.” Although broken community effects militate in favor of relatively minimal punishment for vandalism, a negative consequence of this punitive approach is less investment in the infrastructure or physical appearance of urban communities. A number of urban communities may, in fact, benefit significantly from vandalism laws that allow for greater capital investment by more harshly punishing the deliberate damage or destruction of public goods or goods traded upon the basis of access, as vandalism in the first-degree.
Commentary on Do Elder Law Practitioners and the American Legal Profession Need and Ethical Confidentiality Rule or Can Both Do without ABA Model Rule 1.6? Article
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Roberta Flowers, Commentary on Do Elder Law Practitioners and the American Legal Profession Need and Ethical Confidentiality Rule or Can Both Do without ABA Model Rule 1.6?, 16 NAELA Journal 127 (2020)Clicking on the button will copy the full recommended citation.
International Sale of Goods Article
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Candace Zierdt and Kristen David Adams, International Sale of Goods, 75 Bus. Law. 2729 (2020)Clicking on the button will copy the full recommended citation.
Supreme Court News Article
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Louis J. Virelli and Richard W. Murphy, Supreme Court News, 46 Administrative & Regulatory Law News 1 (2020)Clicking on the button will copy the full recommended citation.
Rethinking Segregation Article
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Paul Boudreaux, Rethinking Segregation, 2020 Mich. St. L. Rev. 983 (2020)Clicking on the button will copy the full recommended citation.
In this time of high racial tensions, it is worth revisiting the debate over de facto housing segregation. For more than half a century, from the Fair Housing Act of 1968 through the recent Supreme Court decision in Inclusive Communities, law has ostensibly set a goal of housing integration. How can we assess this goal in an age when most Americans live in expanding suburbs? This Article analyzes the traditional assumptions about segregation and concludes that: (1) the longstanding perception that Black Americans are trapped inside central cities is no longer true, as most Black Americans now live in suburbs; and (2) today's re-emergence of racial segregation in the suburbs appears to be significantly the result of private ordering. The conclusions are based on demographic, sociological, and economic sources (with a special focus on the Washington, D.C., area), which are used to develop a simple model of how small preferences can lead to widespread suburban segregation. These conclusions may be discomforting for both progressive and conservative viewpoints of race relations. But the Article also concludes that the old legal goal of integration of minority races into a majority-White culture may, today, be seen as both naive and patronizing. De facto segregation may be inevitable and may hold some surprising benefits for minority persons in a rapidly diversifying twenty-first century America.
Ten Key Issues from The Global Wetlands Outlook for Decision Makers Article
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Royal C. Gardner and Max Finlayson, Ten Key Issues from The Global Wetlands Outlook for Decision Makers, 72 Marine & Freshwater Research 301 (2020)Clicking on the button will copy the full recommended citation.
We summarise the main findings of the Global Wetland Outlook (2018) about the status of wetlands, including their biota and ecosystem services, the drivers of change in wetlands, and the responses being adopted by the Ramsar Convention. The Outlook, which is the Ramsar Convention’s flagship publication, generally paints a bleak picture of wetland status. On the basis of these findings, we identify 10 key issues for decision makers to consider and recommend actions to implement so as to reverse the overall downward trends for wetlands. A switch from documenting the change in wetland biodiversity towards more emphasis on taking decisions is needed to implement effective responses and reverse the negative trends for wetlands. Although further data are needed, we contend that failure to place greater emphasis on effective responses could lead to the Convention becoming an irrelevant force for the wise use of wetlands.
A Separation of Power Analysis of Forum Non Conveniens’ Adequate Available Forum Article
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Jason S. Palmer, A Separation of Power Analysis of Forum Non Conveniens’ Adequate Available Forum, 94 St. John's L. Rev. 157 (2020)Clicking on the button will copy the full recommended citation.
Under Article II, Section 1 of the United States Constitution, the President has the “executive power” of the United States. Much has been written about what the Framers intended when drafting this language in the Constitution. Most recent, in Zivotofsky v. Kerry, the Supreme Court determined that the Nation must “speak with one voice” with regard to policy about the legitimacy of foreign governments vis-à-vis the United States.
This foreign policy constitutional principle has important ramifications for how courts should address forum non conveniens analyses with regard to the adequate available forum. The Supreme Court neglected to provide substantive guidance in Piper Aircraft Co. v. Reyno with respect to the adequate available forum, leaving the lower courts to fend for themselves in determining when a forum is both adequate and available. As a result, lower court decisions are deeply divided as to when and how to dismiss a case to a foreign forum that is adequate and available.
This article posits that the courts are not the branch of government best suited to make this determination. Rather, the executive, as demonstrated through a critical review of Supreme Court separation of powers cases, is uniquely positioned to opine on whether a foreign judiciary can provide an adequate available forum. By deferring to the executive with respect to questions that involve such keys issues of foreign policy, courts avoid political landmines that are best left to the executive.