An Intertribal Business Court

Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not unique as outsiders often fear bias in foreign tribunals. Similarly, businesses are often concerned about a court's capacity to adjudicate complex disputes. Federal diversity jurisdiction was developed to allay fear of bias, and many states have developed business courts to address questions about court capacity. Tribes can overcome these issues by creating an intertribal business court (IBC). Tribes will be free to sculpt the IBC as they see fit. However, the IBC's intertribal nature will help reduce fears of bias, and an IBC's focus on business disputes will answer doubts about court capacity. An IBC will also make tribal law more accessible, further increasing confidence in this new tribunal. As businesses gain greater confidence in tribal legal institutions through the IBC, they will be more likely to operate in Indian country. Accordingly, the IBC could help to transform tribal economies.     

The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication

In R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd the UK Supreme Court allowed an appeal against the Court of Appeal's decision that there had been a series of legal errors in the designation of the Airport National Policy Statement. This case note analyses the case from an ‘internal’ doctrinal perspective and argues that the Supreme Court could have engaged more explicitly with the legal issues that arise from climate change legislation for administrative law adjudication. For courts to adjudicate well in such circumstances they need to be prepared to develop administrative law doctrine, particularly in light of the issues of integrating climate change into public decision-making and of scientific/policy uncertainty which lie in the background of climate change legislation.     

Stepping Up to the Plate: Minor Leaguers Attempt to Remedy their Unconscionable Plight

Professional baseball players are often thought of as making multi-million-dollar salaries, but most professional baseball players have recently made under $15,000 a year. Minor league players toiled under an onerous system resulting from baseball's judicially created antitrust exemption and lobbying efforts that exempted them from minimum wage and overtime. These factors allowed teams to impose a uniform player contract (UPC) on players with numerous unconscionable provisions for years. However, a late-night Tweet in August of 2022 sent shockwaves through the sports and labor world, announcing that the Major League Baseball Players Association (MLBPA) was sending out authorization cards to represent minor league players. After years of fighting to maintain the authority to impose conditions on minor league players, through lobbying and litigation, Major League Baseball (MLB) turned over a new leaf and recognized the unionization of minor league players under the MLBPA less than three weeks later. In light of this long sought-after recognition, this article takes a novel approach. First, it provides historical context for baseball's unique ability to impose working conditions on minor leaguers without significant concern for legal ramifications. Second, it provides an overview of the doctrine of contractual unconscionability and analyzes the prior UPC as an unconscionable agreement. Finally, it details the historic unionization process and makes detailed recommendations to ameliorate the unconscionable conditions minor league players have faced when they negotiate with MLB owners to draft their initial collective bargaining agreement.     

A constitutional moment: How we might reimagine platform governance

We are at a constitutional moment for the future of the internet. Nation states around the world are launching major new initiatives to regulate the internet, both directly against users and by regulating the companies that provide access to telecommunications infrastructure and content services. The giant technology companies that control the bulk of the commercial internet are themselves under unprecedented scrutiny for the policies they set, the decisions they make, and the choices that go into designing their architecture. In my new book, Lawless, I argue that in this moment of change there is a major opportunity for us all to rethink how the internet should be governed, how power is held to account, and whose values prevail.¹     

Female leaders and citizens' perceptions of political parties

ABSTRACT

Do female leaders affect voters' perceptions of political parties' placement on the left-right spectrum? Using public opinion data on 269 parties in 35 countries between 1976 and 2016, I show that female-led parties are perceived as more moderate than male-led organizations, even when accounting for voters' prior beliefs about the party and the organization's stated policy positions. I then demonstrate that these results cannot be explained by the policy platforms authored by male- and female-led parties. The electoral manifestos produced by female-headed organizations are neither more left- leaning nor more moderate than those authored under male leaders. Together, these results provide important insights concerning citizens' (mis)perceptions of parties' ideological positions, party leaders' effects on voters behavior, the importance of gender stereotypes in politics, and the policy consequences of women's increased access to power.     

Your data will never die,but you will: A comparative analysis of US and UK post-mortem data donation frameworks

Posthumous medical data donation (PMDD) for the purpose of legitimate, non-commercial and, potentially, very beneficial medical research has been sparsely discussed in legal scholarship to date. Conversely, quite an extensive social science and humanities research establishes benefits of this practice. It also finds that PMDD enables individuals to employ their altruistic motivations and aspirations by helping them participate in ‘citizen's science’ and medical research, thus supporting efforts in finding cures for some of the acutest diseases of today. There appears to be no jurisdiction where a regulatory framework supports and enables PMDD. This paper analyses whether and to what extent law and policy should enable this practice. We take a comparative approach, examining the position under both US and UK law, providing the first comparative legal account of this practice. We do not aim to suggest a detailed legal solution for PMDD, but rather key considerations and principles for legislative/policy reforms, which would support the practice of PMDD. We discuss organ donation and provide a comparative outlook with the aim of drawing lessons from this practice, and applying them to the regulation of PMDD. Our analysis is both normative and black letter since we consider arguments regarding the necessity of organ and data donation, as well as the law that regulates these practices.     

新中国70年国家安全观的演变:认知、内涵与应对

新中国成立以来，面对国内外安全环境的变化，中国实现了由传统安全观向总体国家安全观的演变，显著体现在安全环境研判、安全内容认知和安全维护手段三个方面。中共十八大以来，中国在安全方面频繁推出新理念、新方案和新举措，中国的安全能力不断增强，国际安全影响日益增加。在安全观方面，中国先后提出了总体国家安全观、亚洲新安全观、亚太安全观等理念，实现了安全观的变革与创新。安全环境研判方面，对国内安全的认知更加全面系统、对周边安全的认知更加统筹协调、对国际安全认知更加注重“中国作为”；安全内容认知方面，认知内容日益丰富，兼顾传统安全与非传统安全，统筹国家安全与人民安全；安全维护手段方面，不断完善国家安全体系、加强国家安全能力建设和推进国际安全合作。回顾新中国七十年国家安全观的演变，历经安全实践的锤炼，已经形成了一些基本经验，主要体现在安全环境研判需考虑内外因素并注重其联动性、坚持核心安全需求的底线和安全维护手段要以和为贵、文攻武备。展望未来，其重要启示在于中国的国家安全观要注重安全需求与安全能力之间的平衡，将安全能力建设视为至关重要的任务，不断促进安全维护手段的多样性和灵活性。     

Gender differences in perpetuating factors,experience and management of chronic insomnia

The higher prevalence of insomnia in women has been attributed to biological factors, which are less likely than cognitive and behavioural factors to play a role in perpetuating insomnia. Gender differences in perpetuating factors have not been extensively examined. This study compared men’s and women’s self-reports of factors that perpetuate insomnia; experience of symptoms, perceived severity and impact on daytime functioning; and use of strategies to manage insomnia. Data were collected at baseline, using reliable and valid measures, in a project that evaluated behavioural therapies for insomnia. The sample (N = 739) consisted of women (62.4%) and men (37.6%). Gender differences were found in: (1) perpetuating factors: men took more naps and held more unhelpful beliefs about insomnia, whereas women experienced higher pre-sleep arousal; (2) perception of insomnia severity: higher among women; (3) perceived impact of insomnia: higher fatigue among women; and (4) use of strategies (higher in women) to manage insomnia. Gender differences were of a small size but could be associated with women’s stress, expression of somatic symptoms, and interest in maintaining their own health to meet multiple role demands.     

Moving from secrecy to transparency in the offensive cyber capabilities sector: The case of dual-use technologies exports

Transparency is central to the prevention of human rights abuses. Over the past few decades, a belief in transparency has permeated multiple industries, reflected in an explosion of legislation intended to further this principle. Yet, despite this emphatic recognition of the importance of transparency, the activities of government and private sector actors involved in the development, sale, and export of Offensive Cyber Capabilities (OCC) remain cloaked in secrecy regardless of the sector’s role in facilitating human rights abuses. In this article, we tackle this broader challenge of secrecy via a case study on the export of dual-use technologies. We theorize why secrecy has been so prevalent in the OCC sector. We consider the role of different forms of secrecy—such as commercial secrecy and opportunistic secrecy by governments—in facilitating this situation. We argue that injecting greater transparency into the OCC sector is critical to deterring human rights abuses through accountability and oversight, can help counter the proliferation of offensive cyber technology proliferation, and can ensure better overall governance in regimes governing the export of dual-use technologies. Mandating transparency by governments and exporting companies in the OCC sector can pave the way for policy changes to better regulate this industry and finds support in international human rights principles related to transparency. In closing, we examine how transparency might be incorporated into export frameworks addressing dual-use technologies.