RSS 1.0James E. Rogers College of Law
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Founded in 1915, the University of Arizona James E. Rogers College of Law is one of the world's leading law schools, with a 100-year history of graduating successful lawyers.
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Demonstrating Inclusion and Allyship: Amplifying an Indigenous Voice Through Physical and Digital ExhibitionIn this chapter, I discuss how I displayed resources to help promote the knowledge that the Navajo people have “always had the rule of law” and to amplify the Navajo writer, Joseph K. Austin, behind that knowledge.3 To support and demonstrate the need for further inclusion, I provide a literature review of scholarship and detail the genesis of the physical and digital exhibits I curated from the works cited by Austin in his article, “The Words of the Talking God: Building and Sustaining Native Nations Through the Common Law.” I describe my collaboration with Austin and other colleagues from my law library and discuss how future collaboration is sustainable.
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(Hidden) in Plain Sight: Migrant Child Labor and The New Economy of ExploitationMigrant child labor pervades supply chains for America’s most beloved household goods including Cheerios, Cheetos, Lucky Charms, J. Crew, and Fruit of the Loom. Migrant children, some as young as twelve and thirteen, de-bone chicken sold at Whole Foods, bake rolls found at Walmart and Target, and process milk used in Ben & Jerry’s ice-cream. Most work grueling shifts, including overnight and over twelve-hour days, and some, working in extremely hazardous jobs such as roofing and meat processing, have died or suffered serious, permanent injuries. When their heartbreaking stories were revealed in an exposé by New York Times investigative journalist Hannah Drier, the nation was stunned. Since then, however, very little has changed. This is unsurprising given that responses to the crisis focus mainly on enhancing enforcement and increasing penalties under existing child labor laws. But these reforms will not help the migrant children at the heart of this crisis. Indeed, these so-called solutions threaten to make the situation worse for these children, many of whom are unaccompanied minors and have no choice but to work. Existing child labor laws and the historical premises underlying them cannot address the entrenched and overwhelming problem of contemporary, migrant child labor. Instead, a new legal framework is needed. This paper is the first to analyze the current crisis and argue that recommending effective solutions requires considering unaccompanied minors’ experiences as children, migrants and low-wage workers. Drawing from the theory of work primacy and international child labor literature, this paper charts a multifaceted course that might realistically address the predicament of migrant child workers who are precariously perched at the intersection of migration and labor.
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Regulating Digital Health Care for the Cognitively ImpairedAmericans are living longer, and delivering high-quality, effective, and cost-efficient health care remains critically important, especially as the number of older adults with cognitive impairment increases. Relatedly, a growing number of older adults are preferring to “age in place” and receive care in their homes. This preference aligns with advances being made in digital health technologies (e.g., remote patient monitoring devices, telehealth) and Medicare coverage for in-home virtual health care services. However, efforts to integrate digital health care into the lives of older adults living with cognitive impairments present unique barriers and challenges due to their confused mental state or fluctuating capacity, which can limit their ability to provide meaningful informed consent; their vulnerability to privacy violations regarding their health data; their lack of digital health equity; difficulties operating the technology, navigating online platforms and applications; and effectively communicating with their providers. These challenges usually result in this particular demographic being far less likely to participate in the digital health ecosystem compared to their younger counterparts. This Article will address those challenges and their related regulatory and legal hurdles and will propose reforms for emerging models of digital health care that address the current shortcomings in caring for older adults with cognitive impairment.
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Democratizing Law Librarianship: Reducing Barriers to Entry through Alternative Pathways to the Profession and Increased Support to Students. A Call to ActionLaw librarianship is a constantly evolving profession driven by the evolution of law practice, legal education, government, and law itself. Changes in these drivers are in turn influenced by factors such as technology, culture, client needs, American Bar Association Standards, bar exams, diversity and access efforts, faculty research, instructional trends, and law school rankings. Law librarians proudly keep up with these changes—and even stay ahead of them—as we impart new knowledge and skills to users of law libraries and legal information resources. As we proceed through the third decade of the twenty-first century, the legal information profession is engaged in dialogue about the perpetually shrinking pools of qualified candidates for law librarian positions. Additionally, law librarians have been lamenting for decades that the legal information profession does not accurately reflect the diversity in our communities. The literature reflects that those conversations began in earnest in the 1970s and continue today. This article addresses both compelling issues and offers concrete strategies to tackle them simultaneously, thoughtfully, and intentionally. The entire profession is invited to play a role in this effort.
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Addressing structural hurdles for metadata extraction from environmental impact statementsNatural language processing techniques can be used to analyze the linguistic content of a document to extract missing pieces of metadata. However, accurate metadata extraction may not depend solely on the linguistics, but also on structural problems such as extremely large documents, unordered multi-file documents, and inconsistency in manually labeled metadata. In this work, we start from two standard machine learning solutions to extract pieces of metadata from Environmental Impact Statements, environmental policy documents that are regularly produced under the US National Environmental Policy Act of 1969. We present a series of experiments where we evaluate how these standard approaches are affected by different issues derived from real-world data. We find that metadata extraction can be strongly influenced by nonlinguistic factors such as document length and volume ordering and that the standard machine learning solutions often do not scale well to long documents. We demonstrate how such solutions can be better adapted to these scenarios, and conclude with suggestions for other NLP practitioners cataloging large document collections.
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Tort Liability for Physical Harm to the Police Arising from Protest: Common-Law Principles for a Politicized WorldWhen police officers bring tort suits for physical harms suffered during protest, courts must navigate two critically important sets of values—on the one hand, protesters’ rights to free speech and assembly, and on the other, the value of officers’ lives, health, and rights of redress. This year courts, including the United States Supreme Court, must decide who, if anyone, can be held accountable for severe physical harms suffered by police called upon to respond to protest. Two highly visible cases well illustrate the trend. In one, United States Capitol Police officers were injured on January 6, 2021, during organized attempts to overturn the results of the U.S. presidential election. In the other, a Baton Rouge police officer suffered traumatic brain injury when he was hit by an object thrown by an unidentified protester during a Black Lives Matter protest that sought to block a highway in front of police headquarters. In this article, Professors Bublick and Bambauer argue that courts analyzing common-law liability claims for physical injuries suffered by police in the highly political circumstances of protest, would be well-advised to work through a list of content-neutral questions. Such a list could help courts maximize states’ legitimate interests in officer safety, while minimizing impacts on protestors’ legitimate First Amendment activity. We juxtapose these political contexts to create an analytical framework that recognizes the threats involved, to both speech and safety, without as great a risk of ideological distortion. Courts in both the January 6th case and the Black Lives Matter case have failed to accommodate both physical safety interests and First Amendment issues.
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Legal reasoning and Latin America’s economic developmentThis article discusses how a method of legal reasoning employed first by French and Spanish legislators and judges and, subsequently, by their Latin American successors hindered the economic development of their respective countries.1 It suggests that significant economic development would be possible if legislators helped enact honest, reasonable, and fair versions of successful market practices in a manner consistent with their nations' or regions' developmental goals.2 It further suggests that Latin American judges can contribute to the attainment of such goals by adopting a method of reasoning that differs from their present method. The proposed method requires that in disputes caused by the disabling effects of obsolete statutory, case, or customary law on promising new customs and practices, the judge acts as a quasi-legislator. In that capacity, he should carefully consider not only the pivotal facts of the dispute and the applicable law but also his nation's socio-economic conditions and economic development goals. Then, by placing himself in the archetypal position of a reasonable merchant, always having in mind the interest of his contractual and third-party 'others', the judge's decision should enable Justice Oliver Wendell Holmes Jr.'s 'prophecies' of what courts will decide in future cases with similar facts and legal issues.3 Thus, he will also be heeding the advice of the distinguished Mexican legal philosopher Eduardo García Máynez, who urged judges to fill the inevitable obsolete and unfair normative gaps with equitable judicial 'individual' norms.4 Finally, in updating practices and correcting injustices, the judges' methods of reasoning should be guided by a broad definition of good faith adopted by 19th-century German Civil and Commercial Codes as well as by the 20th-century US Uniform Commercial Code (UCC), as will be discussed throughout this article. In essence, it requires that legislators and judges take into account the honesty, reasonableness, and fairness of the new practice before it becomes a binding norm.
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Technical Services, Social Justice, and LibGuides: A Model for ImpactIn June 2020, news of police violence and murder, and the resulting protests, dominated the national conversation. Those acts threw a spotlight on the need for diversity, equity, and inclusion to be at the center of library collection development policy and resource offerings. As providers of information to their communities, librarians in all parts of the profession were feeling the impact of these events and moving to address information needs during a tumultuous time. This feeling was acknowledged in an Association of Research Libraries statement which issued a call to action for librarians to become more proactive in supporting social justice movements and dismantling systemic racism. This article details how Technical Services librarians at the Cracchiolo Law Library, traditionally viewed as behind-the-scenes members of the library, chose to heed that call and expand their roles to combat injustice and address systemic racism. This article will detail the work creating and promoting an Antiracist and Social Justice Resources guide and collection and demonstrate the impact of these efforts. Additionally, this article may serve as a model for other Technical Services librarians who wish to participate in the social justice movement by expanding their customary duties.
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Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer EthicsLawyers are no longer the only legal practitioners. In several states and trending toward more, lawyers now share their so-called monopoly over the practice of law with nonlawyer practitioners (NPs). These NPs may practice law without the supervision of lawyers and, like nurse practitioners who provide greater access to medicine, this newborn class of legal professionals was created to provide the public with greater access to justice. But the creators of NPs have saddled them with restrictive ethical codes that limit their ability to reach and serve new clients. While generally laudable, certain ethical restrictions lead to fewer NPs and reduce access to legal services for low-income clients. This Essay spotlights this ethical chokepoint and articulates for courts and policymakers the delicate balance in imposing and adapting ethical rules to this new class of legal professionals. Although important access-to-justice and client-protection policy choices are made with the imposition of each ethical rule, these decisions have largely flown under the radar, thereby risking the continued existence of NPs.
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Opening the Pandemic Portal to Re-Imagine Paid Sick Leave for Immigrant WorkersThe COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision between immigration enforcement and workers’ rights. Im/migrant workers toil in key industries, from health care to food production, that many now associate with laudable buzzwords such as “frontline” and “essential.” But these industries conceal jobs that pay little, endanger workers’ health and safety, and have high rates of legal violations by employers. Im/migrant workers usually do not benefit from employment and labor law protections, including paid sick leave. This has proven deadly during the pandemic. When im/migrants show up to work ill, they endanger not only themselves but risk transmission to co-workers, customers, patients, and the public at large. This has been starkly illustrated in nursing homes, which rely heavily on im/migrant labor and have been the locus of nearly one third of all coronavirus deaths. The pandemic presents an opportunity to analyze why and how existing paid sick leave laws fail im/migrant workers. It is also a portal to re-imagine paid sick time in a way that will benefit im/migrant workers, and by extension, a nation facing labor shortages and high worker turnover as demand for goods and services rises. This Article is the first to scrutinize paid sick leave laws through the lenses of critical race, movement, and health law theories. It argues that existing paid sick leave laws fail im/migrant workers because they ignore these workers’ social and economic situations and singularly focus on workers’ rights rather than collective well-being. Drawing from critical race, movement, and health law frameworks, this Article situates paid sick leave within a public health matrix based on mutual aid. It argues that when paid sick leave laws are drafted and enforced in a manner informed by workers’ lived experiences and contextualized within a broader public health conversation, employment and labor protections can better safeguard im/migrant workers and the health of the nation. Additionally, the proposed solution will reduce tensions between immigration enforcement and workers’ rights.
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Research on the Forecast of the Spread of COVID-19With the spreading of COVID-19, various existing machine learning frameworks can be adopted to effectively control the epidemic to help research and predict the spread of the virus before the large-scale application of vaccines. Based on the spatiotemporal graph neural network and mobility data, this paper attempts to offer a novel prediction by building a high-resolution graph with the characteristics such as willingness to wear masks, daily infection, and daily death. This model is different from the time series prediction model. The method learns from the multivariate spatiotemporal graph, the nodes represent the region with daily confirmed cases and death, and edges represent the inter-regional contacts based on mobility. Simultaneously, the transmission model is built by a time margin as the characteristic of the time change. This paper builds the COVID-19 model by using STGNNs and tries to predict and verify the virus's infection. Finally, the model has an absolute Pearson Correlation of 0.9735, far from the expected value of 0.998. The predicted value on the first and second day is close to the real situation, while the value gradually deviates from the actual situation after the second day. It still shows that the graph neural network uses much temporal and spatial information to enable the model to learn complex dynamics. In the future, the model can be improved by tuning hyper-parameter such as modulation numbers of convolution, or construction of graphs that suitable for smaller individuals such as institutions, buildings, and houses, as well as assigning more features to each node. This experiment demonstrates the powerful combination of deep learning and graph neural networks to study the spread and evolution of COVID-19.
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How do third parties affect compliance in the trade regime?A core insight of the literature on dispute settlement at the World Trade Organization (WTO) is that third party countries help enforce the organization’s multilateral objectives, including the fundamental principle of nondiscrimination. Little is known, however, about when countries comply with WTO rulings and whether these bystander states play a role. We introduce new data on compliance, measured as whether losing countries make tangible domestic reforms to bring policy in line with WTO rulings. We show that compliance is significantly less likely in disputes with more third parties. Using a variety of estimation techniques, including controlling for nonrandom selection into legal rulings, we demonstrate a robust correlation between third party participation and noncompliance. Our findings highlight a risk of stringent enforcement and suggest that compliance problems threaten to undercut the operation of the multilateral trade regime. © 2021 by the Southern Political Science Association. All rights reserved.
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Collective Biopolitics: The Rights of Indigenous Peoples in Genetic ResearchThis essay considers issues implicated in biobanking with indigenous peoples, a population increasingly recognized as having a collective right to participation under international law (e.g., the United Nations Declaration on the Rights of Indigenous Peoples (2007)). In contrast, prevailing notions of participation within the field of human rights (including the right to health) presuppose an individualist notion of citizenship. This essay compares the indigenous collective right to participation with "molecularized biopower", the theory that biopolitics in modern democracies is becoming increasingly individualized in an unprecedented way. Using a US biobanking case study, this essay argues that two aspects of the indigenous collective right to participation (i.e., self-determination and the "empowerment" framework), not only counter the claim for a pervasively individualized biopolitics, but also demonstrate the importance of collective rights for indigenous participation in genetic research generally.
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Indemnifying precaution: economic insights for regulation of a highly infectious diseaseEconomic insights are powerful for understanding the challenge of managing a highly infectious disease, such as COVID-19, through behavioral precautions including social distancing. One problem is a form of moral hazard, which arises when some individuals face less personal risk of harm or bear greater personal costs of taking precautions. Without legal intervention, some individuals will see socially risky behaviors as personally less costly than socially beneficial behaviors, a balance that makes those beneficial behaviors unsustainable. For insights, we review health insurance moral hazard, agricultural infectious disease policy, and deterrence theory, but find that classic enforcement strategies of punishing noncompliant people are stymied. One mechanism is for policymakers to indemnify individuals for losses associated with taking those socially desirable behaviors to reduce the spread. We develop a coherent approach for doing so, based on conditional cash payments and precommitments by citizens, which may also be reinforced by social norms.
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Emotion Perception in Hadza Hunter-GatherersIt has long been claimed that certain configurations of facial movements are universally recognized as emotional expressions because they evolved to signal emotional information in situations that posed fitness challenges for our hunting and gathering hominin ancestors. Experiments from the last decade have called this particular evolutionary hypothesis into doubt by studying emotion perception in a wider sample of small-scale societies with discovery-based research methods. We replicate these newer findings in the Hadza of Northern Tanzania; the Hadza are semi-nomadic hunters and gatherers who live in tight-knit social units and collect wild foods for a large portion of their diet, making them a particularly relevant population for testing evolutionary hypotheses about emotion. Across two studies, we found little evidence of universal emotion perception. Rather, our findings are consistent with the hypothesis that people infer emotional meaning in facial movements using emotion knowledge embrained by cultural learning.
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A New Multilateralism? A Case Study of the Belt and Road InitiativeThe first five years (the first stage) of the Belt and Road Initiative (BRI) have drawn international attention and provoked scepticism and debate. This article explores questions about the nature of the BRI and its impact on multilateralism, which is increasingly fragile and under attack. After summarizing past practices employed in BRI investments, it analyses the characteristics of the BRI and assesses the results and implications. This article studies in depth one of the two primary BRI economic activities—special economic zones. The article introduces and compares the Asian Infrastructure Investment Bank and Chinese domestic banks in their respective financing practices and compares state-owned enterprises and privately owned enterprises in BRI practices. The article observes three characteristics from past BRI practices and analyzes their respective implications on the transformation of international trade governance. The first characteristic is the unconventional ‘infrastructure development first, institution next’ approach. The second is the plurilateral- and multilateral-focused method in international rule-setting processes. The third characteristic is innovation in the dispute settlement mechanism. Through a cautious examination, the article argues that experiences gained from BRI inform China’s international rule-making efforts and further its domestic trade liberalization reform agenda, which will likely contribute to the convergence of rule-making in international trade. © The Author(s) (2020). Published by Oxford University Press. All rights reserved.
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Distinguishing moral hazard from access for high-cost healthcare under insuranceContext Health policy has long been preoccupied with the problem that health insurance stimulates spending ("moral hazard"). However, much health spending is costly healthcare that uninsured individuals could not otherwise access. Field studies comparing those with more or less insurance cannot disaggregate moral hazard versus access. Moreover, studies of patients consuming routine low-dollar healthcare are not informative for the high-dollar healthcare that drives most of aggregate healthcare spending in the United States. Methods We test indemnities as an alternative theory-driven counterfactual. Such conditional cash transfers would maintain an opportunity cost for patients, unlike standard insurance, but also guarantee access to the care. Since indemnities do not exist in U.S. healthcare, we fielded two blinded vignette-based survey experiments with 3,000 respondents, randomized to eight clinical vignettes and three insurance types. Our replication uses a population that is weighted to national demographics on three dimensions. Findings Most or all of the spending due to insurance would occur even under an indemnity. The waste attributable to moral hazard is undetectable. Conclusions For high-cost care, policymakers should be more concerned about the foregone efficient spending for those lacking full insurance, rather than the wasteful spending that occurs with full insurance.
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Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, AustraliaPublic trust in the legal profession rests on regulators taking timely and effective action in response to misconduct. Usually, case-by-case analysis occurs after a claim or complaint is lodged with little attention on factors that may predispose a lawyer to misconduct. Vulnerability is a useful concept for understanding individuals' susceptibility to harm and for identifying safeguards to protect against that harm. This empirical study adds to the largely normative research on vulnerability with an analysis of 67 "problem lawyers" who were the subject of multiple complaints and at least one disciplinary hearing, a paid financial misconduct claim, or striking from the roll in Victoria, Australia between 2005 and 2015. We analysed determinations about these lawyers and identified a concatenation of factors associated with legal misconduct. Personal vulnerabilities included older age, male sex, poor health, and patterns of behaviour such as low conscientiousness. Situational vulnerabilities included working as a sole principal or in a small practice, excessive workload, and pressures from relationship breakdowns, death or illness in the family, or financial difficulties. These findings shed light on vulnerabilities to legal misconduct, and have implications for lawyer education and well-being, protection of clients, and efforts to reduce lapses in professionalism.
