In the Wake Forest Law Review, Jason Palmer contends that rhetorical appeals to religious freedom, religious speech, and national security are being used successfully to camouflage arguments and sentiments otherwise rooted in homophobia, transphobia, and other biases. He presents this rhetoric as a persuasive trigger of negative emotional intelligence. To reinforce the values of equality dignity and social good, Palmer argues for the use of positive emotional intelligence instead.
Distinguished Visiting Professor Charles Tabb just published the fifth edition of his leading treatise, “ The Law of Bankruptcy,” and was recently named one of the nation’s top bankruptcy attorneys by Lawdragon. In The National Law Review, Professor Tabb considers the importance of the Supreme Court’s ruling in Ritzen Group Inc. v. Jackson Masonry LLC for determining what constitutes a final, appealable order in bankruptcy proceedings.
Some local governments are responding to infrastructure and homelessness crises by enacting targeted taxes directly aimed at large corporations whose success may have contributed to the problems. In the Oregon Law Review, Professor Appleby argues such targeted taxes might be properly understood as fees, and explores alternatives for revenue generation that better serve the government’s desired expressive function. He is also overseeing the inaugural Stetson Tax Innovators Exchange (S.T.I.X.) on Nov. 13, 2020, featuring nationally renowned experts in environmental taxation and tax technology.
Kirsten K. Davis, in the Nevada Law Journal, argues classical rhetorical theory, developed 2,000 years ago for face-to-face interactions in public squares, can still be used to urge improvement in modern lawyers’ digital communication practices. She contends that lawyers today have an ethical responsibility to write as “citizen lawyers,” providing legal commentary in the digital public sphere.
Jason Bent examines the legality of race-aware fairness constraints in hiring algorithms in the Georgetown Law Journal. He is now collaborating with researchers and analysts at the talent-matching platform pymetrics on a forthcoming paper in the ABA Journal of Labor & Employment Law that recommends regulatory updates responsive to the increasing use of machine-learning in corporate hiring processes.