Article Law

From Lynch Mobs to the Deportation State

Ethan Blue

Summary: This article explores the relationship between mob violence, immigration control, and the early twentieth-century US deportation regime, arguing that modern border policing absorbed anti-immigrant mob violence and invoked legality suited to the biopolitics of liberal capitalist modernity.

LAW CULTURE AND THE HUMANITIES (2022)

Article Law

A Sandbox Approach to Regulating High-Risk Artificial Intelligence Applications

Jon Truby, Rafael Dean Brown, Imad Antoine Ibrahim, Oriol Caudevilla Parellada

Summary: The paper argues for using a sandbox approach to regulate artificial intelligence as a complement to a strict liability regime in order to strike a balance between protecting people and fostering innovation. The benefits of sandbox regulation, as proposed by the authors, include creating a safe space for innovation in the AI sector and reducing the chilling effect of strict liability on innovation. EU regulators have already embraced the idea of sandbox regulation for testing AI products and services with safeguards.

EUROPEAN JOURNAL OF RISK REGULATION (2022)

Article Business

Energy law in crisis: an energy justice revolution needed

Raphael J. Heffron

Summary: Energy research has been growing holistically, but energy law scholarship lacks this direction and fails to connect with the bigger picture of the energy system. There is a need for a revolution in energy law scholarship to ensure just outcomes for society.

JOURNAL OF WORLD ENERGY LAW & BUSINESS (2022)

Article Law

Moving up or down: parliamentary activity and candidate selection

Tom Louwerse, Cynthia Van Vonno

Summary: The empirical analysis of the Dutch lower house of Parliament found that speaking in the plenary is the parliamentary activity most strongly related to reselection and promotion for MPs.

JOURNAL OF LEGISLATIVE STUDIES (2022)

Article Law

A victim of regulatory arbitrage? Automatic exchange of information and the use of golden visas and corporate shells

Leo Ahrens, Lukas Hakelberg, Thomas Rixen

Summary: The multilateral adoption of the automatic exchange of information (AEI) on bank accounts held by nonresidents was a breakthrough in fighting cross-border tax evasion, but there are suspicions of regulatory arbitrage. The study finds scattered evidence of the use of secrecy schemes, suggesting that regulatory arbitrage is not yet widespread but may increase over time. The results emphasize the current effectiveness of AEI and the importance of closing remaining loopholes.

REGULATION & GOVERNANCE (2022)

Article International Relations

DISABILITY, HUMAN RIGHTS VIOLATIONS, AND CRIMES AGAINST HUMANITY

William I. Pons, Janet E. Lord, Michael Ashley Stein

Summary: Persons with disabilities have been historically neglected by international laws and institutions, despite the widespread human rights violations they face. This article argues for prosecuting these violations as crimes against humanity and emphasizes the importance of ensuring accessibility to international criminal processes for disabled individuals.

AMERICAN JOURNAL OF INTERNATIONAL LAW (2022)

Article Law

The UN-Sustainable Development Goals going local: learning from localising human rights

Nicole L. Immler, Hans Sakkers

Summary: While there is a focus on governance and national implementation of the SDGs, little attention has been paid to the localization process, which is essential for realizing the promise of change on a local level.

INTERNATIONAL JOURNAL OF HUMAN RIGHTS (2022)

Article Law

Steering global energy governance: Who governs and what do they do?

Christian Downie

Summary: In recent years, there has been a growing interest in exploring indirect governance at the global level. This study focuses on the domain of energy and investigates the role of the G20 in steering other actors through indirect forms of governance. By analyzing a database of G20 enrollment since 2008, the study finds that the G20 enrolls international organizations more frequently than any other actor and that agenda setting is the most commonly performed governance function. These findings provide insights into the patterns of global energy governance and how they have evolved over time.

REGULATION & GOVERNANCE (2022)

Article Communication

Data justice

Lina Dencik, Javier Sanchez-Monedero

Summary: Data justice has emerged as a framework that prioritizes an explicit concern for social justice in the intersection of datafication and society. This essay traces the evolution of data justice and outlines different traditions and approaches through which it is expressed. The research reveals tensions in terms of the stakes involved in datafication and suitable responses.

INTERNET POLICY REVIEW (2022)

Article Law

Assessing Independent Life Skills of Youth in Child Protection: A MultiInformant Approach

Laura Garcia-Alba, Alvaro Postigo, Federica Gullo, Jose Muniz, Jorge F. Del Valle

Summary: This study aimed to adapt and validate a staff version of the PLANEA Independent Life Skills Assessment tools, and explore the convergence between self-reported and staff views of independent living skills of young people in residential child care in Spain. The results confirmed the internal structure and reliability of the staff versions of the instruments, and showed that staff had less optimistic views than young people about their independent living skills. This is important for child protection services to address young people's individual needs and inform decision-making regarding support services.

EUROPEAN JOURNAL OF PSYCHOLOGY APPLIED TO LEGAL CONTEXT (2022)

Article Law

Severity Matters: The Moderating Effect of Offense Severity in Predicting Racial Differences in Reporting of Bias and Nonbias Victimization to the Police

Brendan Lantz, Marin R. Wenger, Zachary T. Malcom

Summary: This study reveals differences in reporting behavior by race, particularly in relation to offense severity, with Black victims more likely to report severe incidents and hate crimes compared to White victims. These findings highlight the importance of encouraging reporting of less severe victimization while addressing concerns about police legitimacy and treatment.

LAW AND HUMAN BEHAVIOR (2022)

Article Law

Scoping the impact of the Comprehensive Agreement on investment: liberalization, protection, and dispute resolution in the next era of EU-China relations

Qian Xu

Summary: The article provides a comprehensive analysis of the EU-China Comprehensive Agreement on Investment (CAI), examining its impact on EU's international investment policy and comparing it with existing bilateral investment treaties and other trade agreements. The analysis helps understand the influence of CAI on global investment liberalization, investment protection, and investment dispute resolution.

ASIA PACIFIC LAW REVIEW (2022)

Article Law

ESSAY STATUTORY INTERPRETATION FROM THE OUTSIDE

Kevin Tobia, Brian G. Slocum, Victoria Nourse

Summary: This study presents a framework for empirically testing linguistic canons and identifies potential new canons. It also offers a new understanding of the ordinary meaning doctrine and challenges traditional textualist assumptions.

COLUMBIA LAW REVIEW (2022)

Article Law

GOVERNING BY ALGORITHM? NO NOISE AND (POTENTIALLY) LESS BIAS

Cass R. Sunstein

Summary: As intuitive statisticians, humans are biased and noisy in their judgments. Algorithms can eliminate noise, reduce errors, prevent unequal treatment, and counter cognitive biases. However, the use of algorithms in administrative agencies raises legitimate questions and doubts, including concerns about encoding or perpetuating discrimination.

DUKE LAW JOURNAL (2022)

Article Law

Why regulators assess risk differently: Regulatory style, business organization, and the varied practice of risk-based food safety inspections across the EU

Olivier Borraz, Anne-Laure Beaussier, Mara Wesseling, David Demeritt, Henry Rothstein, Marijke Hermans, Michael Huber, Regine Paul

Summary: This article compares the implementation of EU food safety inspections based on risk in England, Germany, France, and the Netherlands, and finds significant differences in the conception and targeting of risk-based inspections, which have different implications for ensuring food safety within a harmonized single market.

REGULATION & GOVERNANCE (2022)

Article Law

Neighborhood Inequality and Violence in Chicago, 1965-2020

Patrick Sharkey, Alisabeth Marsteller

Summary: This Essay examines trends in violence from a spatial perspective, focusing on the experience of communities and residents in Chicago in relation to changes in the murder rate. The analysis highlights the link between concentrated disadvantage and violent crime, as well as the overlap of violence with police violence and incarceration. It concludes that addressing extreme segregation in Chicago's neighborhoods is crucial for reducing violence levels and disparities.

UNIVERSITY OF CHICAGO LAW REVIEW (2022)

Article Law

The right to contest automated decisions under the General Data Protection Regulation: Beyond the so-called right to explanation

Emre Bayamlioglu

Summary: This paper aims to analyze the right to contest automated decisions under the GDPR and provide possible transparency measures to protect personal data. It also explores whether certain key points and provisions under the GDPR are sufficient to meet transparency requirements.

REGULATION & GOVERNANCE (2022)

Article Law

A Sober Look at SPACs

Michael Klausner, Michael Ohlrogge, Emily Ruan

Summary: This article analyzes the structure and costs of SPACs, finding that the costs are higher than expected and higher than IPOs. The costs are borne by SPAC shareholders, while the sponsors profit greatly. The article suggests that the SEC should establish disclosure requirements for SPAC mergers and equalize the regulatory preferences between SPACs and IPOs.

YALE JOURNAL ON REGULATION (2022)

Article Law

Platform work in Europe: Lessons learned, legal developments and challenges ahead

Antonio Aloisi

Summary: Platform work, as a new form of employment, poses challenges for workers, policymakers, and society in Europe. Countries are addressing the contractual and working conditions of platform workers through litigation and legislation to ensure a level playing field in the workplace.

EUROPEAN LABOUR LAW JOURNAL (2022)

Article Environmental Studies

Pharmaceutical pollution: A weakly regulated global environmental risk

Mirella Miettinen, Sabaa Ahmad Khan

Summary: The effects of pharmaceuticals in the environment have been well documented, but international regulation remains weak. Pharmaceutical pollutants are addressed under SAICM, but gaps in regulation exist and could be addressed through more integrated approaches informed by experiences from other fields.

REVIEW OF EUROPEAN COMPARATIVE & INTERNATIONAL ENVIRONMENTAL LAW (2022)