Columbia Law Review最新文献

{"title":"FATHERHOOD, FAMILY LAW, AND THE CRISIS OF BOYS AND MEN.","authors":"June Carbone, Clare Huntington","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis-which is concentrated among men without college degrees-is rooted in large-scale structural changes to the economy that have decimated jobs for this group and policy choices that emphasize incarceration while doing little to address economic inequality. The decline in male well-being is not just a problem for boys and men. It is a problem for families. Men's economic prospects have a profound impact on whether couples will commit to each other. Men without steady work-and with behaviors that often accompany unemployment, including a higher frequency of intimate partner violence-have trouble sustaining long-term relationships, and many do not marry. They often have children, but once romantic relationships end, unmarried men tend to drift away from the family. Many fathers want a larger role in their children's lives, but this is possible only if they can strengthen their relationship with mothers. Many mothers also want fathers to be more involved, but they are concerned about issues fathers bring to the family. And children want a relationship with both parents. Family law is part of the problem, contributing to the familial isolation of men without college degrees. In recent decades, family law has undergone a significant transformation, but this transformation primarily benefits married couples. The legal system now seeks to create \"postdivorce families\"-that is, families in which both parents are cooperative, active caregivers, notwithstanding the end of the parents' romantic relationship. To this end, custody laws encourage shared parenting, and family courts offer alternative dispute resolution processes, counseling, and other assistance that strengthen fathers' active membership in the family. But men facing economic precarity are unlikely to be married and thus need not go to court when a romantic relationship ends. Accordingly, these men do not benefit from this transformation in custody rules and processes, and they are unlikely to access the supportive services. The child support system makes things worse by imposing unrealistic orders on low-income fathers that alienate men from their families. And the family regulation system, also known as the child welfare system, treats these fathers as incompetent caregivers or, even worse, as threats. Family law may relegate men in crisis to the periphery of family life, but it can also help bring them back. The goal is not to restore men's patriarchal authority but rather to extend the model of cooperative parenting to more families. To this end, this Essay proposes far-reaching reforms to custody rules and processes, child support, and family regulation. In each of these problematic areas","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"124 7","pages":"2153-2238"},"PeriodicalIF":3.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11790293/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143190992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Isolated branched-chain amino acid intake and muscle protein synthesis in humans: a biochemical review.","authors":"Carina de Sousa Santos, Fabrício Expedito Lopes Nascimento","doi":"10.31744/einstein_journal/2019RB4898","DOIUrl":"10.31744/einstein_journal/2019RB4898","url":null,"abstract":"<p><p>Alongside a proper diet, ergogenic aids with potential direct and/or indirect physical performance enhancing effects are sought after for improved adaptation to physical training. Nutritional ergogenics include diet composition changes and/or dietary supplementation. Branched-chain amino acids valine, leucine and isoleucine are widely popular among products with ergogenic claims. Their major marketing appeal derives from allegations that branched-chain amino acids intake combined with resistance physical exercise stimulates muscle protein synthesis. Evidence supporting the efficacy of branched-chain amino acids alone for muscle hypertrophy in humans is somewhat equivocal. This brief review describes physiological and biochemical mechanisms underpinning the effects of complete protein source and branched-chain amino acid intake on skeletal muscle growth in the postabsorptive and post-exercise state. Evidence in favor of or against potential anabolic effects of isolated branched-chain amino acid intake on muscle protein synthesis in humans is also examined.</p>","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"23 1","pages":"eRB4898"},"PeriodicalIF":1.1,"publicationDate":"2019-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6718193/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90204178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Access to the Global Cloud","authors":"P. Schwartz","doi":"10.2139/SSRN.3008392","DOIUrl":"https://doi.org/10.2139/SSRN.3008392","url":null,"abstract":"Author(s): Schwartz, PM | Abstract: © 2018, Columbia Law Review Association. All rights reserved. Increased use of the cloud and its international scope raise significant challenges to traditional legal authorities that permit access to data stored outside the United States. The resulting stakes are high. This area of law affects a wide range of important matters concerning law enforcement, national security, and civil litigation. Up until now, however, policymakers in this area have failed to fully appreciate the technological distinctions between different types of data clouds. This Article develops and distinguishes between three models of cloud computing to provide greater clarity for courts when evaluating international data access requests. These models are the Data Shard, Data Localization, and Data Trust clouds. This new typology reveals how the same legal authority will lead to notably different results in data access cases depending on the technical architecture of the cloud network. To illustrate, this Article assesses the likely results for each type of cloud under the full range of American legal authorities that permit parties to seek digital information held abroad—namely, the Fourth Amendment, the Stored Communications Act, Mutual Legal Assistance Treaties, administrative or grand jury subpoenas, and the Foreign Intelligence Surveillance Act. This Article’s analysis of cloud models also points to the profound instability of current American data access rules. The writing is on the wall. Companies and individuals outside of the United States now have multiple ways, including changing their cloud management models, to shelter data beyond the exclusive reach of U.S. law, which will increase the importance of non-U.S. access rules. This trend will spell the end of unilateral decisionmaking by U.S. courts concerning the legal process to be applied when the government or civil litigants seek data stored extraterritorially. In response, this Article advances two principles for a world of omnipresent global cloud computing. First, U.S. law should treat extraterritorial data requests equally, regardless of the location of the cloud provider’s headquarters. This legal approach would foster a level playing field for global cloud companies and encourage innovation, rather than further balkanization of the internet. Second, there is a need for international cooperation to create reciprocity. The “Pax Americana” of unilateral U.S. governance in this area is ending, and the wisest course for U.S. policy is to establish new international agreements for global data access. As this Article details, the CLOUD Act of 2018 takes a major step toward incorporation of these principles in an effort to preserve the internet as a global space. But the Act also encourages a knowyour-customer regime, where the ultimate cost may be paid in users’ privacy.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"118 1","pages":"1681-1762"},"PeriodicalIF":2.9,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3008392","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44258503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Justice, Inc.","authors":"John Rappaport","doi":"10.2139/SSRN.3059793","DOIUrl":"https://doi.org/10.2139/SSRN.3059793","url":null,"abstract":"In the past decade, major retailers nationwide have begun to employ a private, for-profit system to settle criminal disputes, extracting payment from shoplifting suspects in exchange for a promise not to call the police. This Article examines what retailers’ decisions reveal about our public system of criminal justice and the concerns of the agents who run it, the victims who rely on it, and the suspects whose lives it alters. The private policing of commercial spaces is well known, as is private incarceration of convicted offenders. This Article is the first, however, to document how industry has penetrated new parts of the criminal process, administering sanctions to resolve thousands of shoplifting allegations each year. \u0000 \u0000Proponents of private justice claim that everyone wins. Critics say it’s blackmail. The Article takes a tentative middle ground: While “retail justice” is not the American ideal, it may nonetheless be preferable to public criminal justice, at least if certain conditions are met. Rather than cancel the private justice experiment, therefore, as several states are poised to do, the government should aim to foster optimal conditions for its success. \u0000 \u0000Extending the central analysis, the Article then shows how the study of private justice leads to fresh perspectives on important criminal justice issues. It suggests, for example, that the costs to crime victims of assisting the prosecution may be a feature of the system, not a bug, if they encourage victims to invest in efficient crime-deterring precautions. It also complicates legal academic models of police and prosecutorial behavior built on maximizing arrests and convictions. The Article concludes by identifying conditions that conduce to private criminal justice and speculating about the next frontiers.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"118 1","pages":"2251"},"PeriodicalIF":2.9,"publicationDate":"2018-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43117496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Separation of Powers Metatheory","authors":"Aziz Z Huq","doi":"10.2139/SSRN.3064267","DOIUrl":"https://doi.org/10.2139/SSRN.3064267","url":null,"abstract":"Scholarship and jurisprudence concerning the Constitution’s separation of powers today is characterized by sharp disagreement about general theory and specific outcomes. The leading theories diverge on how to model the motives of institutional actors; on how to weigh text, history, doctrine, and norms; and on whether to characterize the separation-of-powers system as abiding in a stable equilibrium or as enthralled in convulsively transformative paroxysms. Congress’s Constitution — a major contribution to theorizing on the separation of powers — provides a platform to step back and isolate these important, if not always candidly recognized, disputes about the empirical and normative predicates of separation-of-powers theory — predicates that can be usefully grouped under the rubric of ‘separation of powers metatheory.’ Unlike much other work in the field, Congress’s Constitution directly identifies and addresses the three important key metatheoretical questions in play when the separation of powers is theorized. This review analyzes how it grapples with those profound challenges, and tries to articulate a descriptively fit and normatively compelling account of our federal government. Considering Congress’s Constitution from this perspective offers a valuable opportunity for considering the state and direction of academic theorizing on the separation of powers more broadly.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"118 1","pages":"1517"},"PeriodicalIF":2.9,"publicationDate":"2017-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3064267","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41387699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Restoration Remedy in Private Law","authors":"O. Ben‐Shahar, A. Porat, A. Porat","doi":"10.2139/SSRN.3058186","DOIUrl":"https://doi.org/10.2139/SSRN.3058186","url":null,"abstract":"One of the most perplexing problems in private law is when and how to compensate victims for emotional harm. This Essay proposes a novel way to accomplish this remedial goal—a restoration measure of damages. It solves the two fundamental problems of compensation for emotional harm—measurement and verification. Instead of measuring the emotional harm and awarding the aggrieved party money damages, this Essay proposes that defendants pay damages directly to restore the underlying interest, the impairment of which led to the emotional harm. And to solve the problem of verification—compensating only those who truly suffered the emotional harm—this Essay develops a sorting mechanism that separates sincere claimants from fakers, awarding the restoration measure of damages to account only for the harm suffered by the former. This Essay further demonstrates how the proposed restoration remedy would apply in important cases and discusses its relevance to additional remedial challenges in private law.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"119 1","pages":"1901"},"PeriodicalIF":2.9,"publicationDate":"2017-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48468158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Urine Osmolality, Response to Tolvaptan, and Outcome in Autosomal Dominant Polycystic Kidney Disease: Results from the TEMPO 3:4 Trial.","authors":"Olivier Devuyst, Arlene B Chapman, Ron T Gansevoort, Eiji Higashihara, Ronald D Perrone, Vicente E Torres, Jaime D Blais, Wen Zhou, John Ouyang, Frank S Czerwiec","doi":"10.1681/ASN.2016040448","DOIUrl":"10.1681/ASN.2016040448","url":null,"abstract":"<p><p>The vasopressin-cAMP-osmolality axis is abnormal in autosomal dominant polycystic kidney disease (ADPKD). In the Tolvaptan Efficacy and Safety in Management of Autosomal Dominant Polycystic Kidney Disease and Its Outcomes 3:4 Trial, a 3-year randomized, placebo-controlled trial in adults, the vasopressin V2 receptor antagonist tolvaptan slowed ADPKD progression in patients with preserved GFR. Here, we investigated the determinants of baseline urine osmolality (Uosm) and its value as a severity marker of ADPKD, the factors influencing the response to tolvaptan, and whether change in Uosm associated with key trial end points. At baseline, lower Uosm independently associated with female sex, presence of hypertension, lower eGFR, higher total kidney volume (TKV), and higher age. Tolvaptan consistently reduced Uosm by 200-300 mOsm/kg over 36 months. The Uosm response to tolvaptan depended on baseline eGFR and Uosm. Subjects with greater change in Uosm experienced a significant reduction in clinical progression events. Among subjects receiving tolvaptan, those with a greater suppression of Uosm had slower renal function decline. Assessment at follow-up, off medication, revealed a significant decrease in Uosm in both placebo and treated groups. Tolvaptan significantly increased plasma osmolality, which returned to baseline at follow-up. In conclusion, baseline Uosm in ADPKD reflects age, renal function, and TKV, and baseline Uosm, eGFR, and TKV influence the effect of tolvaptan on Uosm. The greatest renal benefit occurred in subjects achieving greater suppression of Uosm, that is, those with better eGFR at baseline. These results support the link between vasopressin V2 receptor signaling and ADPKD progression.</p>","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"101 1","pages":"1592-1602"},"PeriodicalIF":13.6,"publicationDate":"2017-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5407721/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90266071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economic Crises and the Integration of Law and Finance: The Impact of Volatility Spikes","authors":"Edward G. Fox, R. Gilson, M. Fox","doi":"10.7916/D8W9598D","DOIUrl":"https://doi.org/10.7916/D8W9598D","url":null,"abstract":"Recommended Citation Edward G. Fox, Merritt B. Fox & Ronald J. Gilson, Economic Crisis and the Integration of Law and Finance: The Impact of Volatility Spikes, COLUMBIA LAW REVIEW, VOL. 116, P. 325, 2016; EUROPEAN CORPORATE GOVERNANCE INSTITUTE (ECGI) LAW WORKING PAPER NO. 243/2014; STANFORD LAW & ECONOMICS OLIN WORKING PAPER NO. 460; ROCK CENTER FOR CORPORATE GOVERNANCE AT STANFORD UNIVERSITY WORKING PAPER NO. 173; COLUMBIA LAW & ECONOMICS WORKING PAPER NO. 468 (2014). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1847","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"116 1","pages":"325-407"},"PeriodicalIF":2.9,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71368527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Place for Agency Expertise: Reconciling Agency Expertise with Presidential Power","authors":"W. Wagner","doi":"10.15781/T2K672","DOIUrl":"https://doi.org/10.15781/T2K672","url":null,"abstract":"This Essay uses Peter Strauss’s work as a springboard to explore the particularly precarious position of the agencies charged with promulgating science-intensive rules (“expert agencies”) with respect to presidential oversight. Over the last three decades, agencies promulgating science-intensive rules have worked to enhance the accountability and scientific credibility of their rules by developing elaborate procedures for ensuring both vigorous scientific input and public oversight. They have accomplished this by deploying multiple rounds of public comment on their science-policy choices, soliciting rigorous scientific peer review, inviting dissent, and explaining methods and choices. Yet, at the same time that these expert agencies work to establish more rigorous decision processes grounded in both science and public review, the White House, primarily through its Office of Information and Regulatory Affairs (OIRA), appears to be undermining the agencies’ efforts through its largely nontransparent oversight process. In a number of rule settings, OIRA suggests dozens of intricate changes outside of the agencies’ rigorous deliberative processes that, while presumably intended to advance larger policy preferences, also involve changes to the agencies’ supporting, technical explanations. Even more problematic, most and sometimes all of these changes are made invisibly, often without leaving fingerprints and almost always without providing any supporting explanation or evidence.While in theory the expert agency and White House review should make a mutually-beneficial team - each bringing important, but differing perspectives to bear on science-intensive rules - in practice the White House’s secretive interventions threaten to undermine the legitimacy of both institutional processes simultaneously. The end result is both a weakened expert agency model and a more institutionally tenuous presidential review. The Essay concludes with a proposal for reformed institutional design.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"115 1","pages":"2019-2070"},"PeriodicalIF":2.9,"publicationDate":"2015-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67097351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Risky Arguments in Social - Justice Litigation: The Case of Sex Discrimination and Marriage Equality","authors":"Suzanne B. Goldberg","doi":"10.2139/SSRN.2199964","DOIUrl":"https://doi.org/10.2139/SSRN.2199964","url":null,"abstract":"This Essay takes up the puzzle of the risky argument or, more precisely, the puzzle of why certain arguments do not get much traction in advocacy and adjudication even when some judges find them to be utterly convincing. Through a close examination of the sex discrimination argument’s evanescence in contemporary marriage litigation, I draw lessons about how and why arguments become risky in social justice cases and whether they should be made nonetheless. This context is particularly fruitful because some judges, advocates and scholars find it “obviously correct” that laws excluding same-sex couples from marriage discriminate facially based on sex or impose sex stereotypes. Yet advocates have tended to minimize these arguments and most judges either sidestep or go out of their way to reject them.Certain kinds of arguments, including the sex discrimination argument in marriage cases, turn out to pose greater risks than others because they ask decisionmakers to confront long-settled social hierarchies and norms, such as those associated with gender roles. As a result, they risk inciting Burkean anxieties about the dangers of non-incremental change. Arguments that ask less of decisionmakers, such as those about animus associated with a particular enactment – or that have a more limited reach, such as heightened scrutiny for sexual orientation at a time when few explicitly antigay laws remain – are less likely to provoke that discomfort. Moreover, a win on these narrower arguments can effectively erode stereotypes and norms underlying a challenged law or social policy. In marriage cases, for example, a pro-equality ruling helps call longstanding marital gender roles into question even if the court’s decision never mentions sex discrimination. Still, risky arguments add value within litigation by powerfully calling attention to deep problems that underlie a challenged law. Through close study of these costs and benefits, the risky argument frame advanced here aims to illuminate the complex dynamics of argumentation in the litigation and adjudication of social justice cases.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":"114 1","pages":"2087-2153"},"PeriodicalIF":2.9,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67980877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}