Really enjoyed speaking at the Colorado Women’s Bar Association Annual Convention with my former student Joanne Morando, now a prosecutor for Mesa County! We presented the research discussed in our co-written article on cyberharassment, “Communication in Cyberspace,” published in the North Carolina Law Review.
I am pleased to share that my article “Identity Entrepreneurs,” which is forthcoming in the California Law Review later this year, was selected for presentation the Yale/Stanford/Harvard Junior Faculty Forum. This year the Forum will take place in at Yale Law School on June 26-27. I’m excited to attend and to share my work with top scholars in my field, as well as to meet the other junior scholars whose papers were selected. You can find more information about the Forum here.
Very pleased to announce that my article “The New Public Accommodations,” coauthored with Aaron Belzer, will be published in the Georgetown Law Journal in 2017. The piece discusses race discrimination in the sharing economy; all feedback is warmly welcome.
In light of Justice Scalia’s recent passing, check out my University of Denver colleague Justin Pidot‘s brand new paper on SSRN, “Tie Votes in the Supreme Court.” Justin gives us some empirical data on 4-4 splits in the Supreme Court and argues that the court should dismiss cases as improvidently granted if the result would be a tie.
A full draft of my article “The New Public Accommodations,” coauthored with Aaron Belzer, is now available on SSRN. Here’s the abstract:
The sharing economy raises important new questions about public accommodation laws. Such laws originally were enacted to prohibit establishments open to the public—for example, hotels, restaurants, taxi services, and retail businesses—from discriminating on the basis of characteristics such as race, color, religion, and national origin. Sharing economy businesses are functional substitutes for these traditional public accommodations. Yet existing public accommodation laws are not always a good fit for the unique features of the sharing economy.
This Article is the first to argue that public accommodation laws must evolve to address race discrimination in the sharing economy. Available evidence suggests that, in many circumstances, race discrimination affects the sharing economy in much the same way it affects the traditional economy. Sharing economy businesses use online platforms to connect providers of goods and services (drivers; landlords) with users of those goods and services (passengers; renters). These platforms often make race visible to both providers and users by requiring that they create profiles that include names, photographs, and other information. Such profiles may trigger conscious and unconscious bias and result in discrimination even if the parties never meet in person. Moreover, sharing economy businesses encourage or even require providers to rate users. Rating systems aggregate biases, and users who are members of disfavored racial categories may begin to receive worse service, or, eventually, to be denied service altogether.
This Article examines existing public accommodation laws—Title II of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C. § 1982, and the Fair Housing Act—and concludes that they hold considerable promise for remedying discrimination in the sharing economy. Nonetheless, the sharing economy presents new issues that existing laws do not entirely address. To the extent that sharing economy businesses perform the same function as traditional public accommodations yet escape existing laws, we argue that those laws should be amended and briefly describe the form the new laws should take.
Feedback is very much welcome–please feel free to contact either me or Aaron.
Law students and law review advisors should check out Adriane Peralta’s excellent article in the Berkeley La Raza Law Journal about the underrepresentation of women of color in board positions on law review. Peralta makes a compelling case that a lack of women of color in leadership positions changes law review culture and function, and not for the better.
I’m pleased to help spread the word about the 2015 Robert T. Matsui Writing Competition, which sounds like a wonderful opportunity for law students. Here is the information I received:
[W]e are seeking submissions from law students for the 2015 Robert T. Matsui Writing Competition. The competition is open to all law students in the United States. Submissions for the 2015 Competition must be received by June 1, 2015, 11:59 PM EST, and the winner will be announced on or about August 1, 2015. The winner of the 2015 Competition will receive a monetary award of $1,500, and the winning entry will be published in the Asian Pacific American Law Journal (APALJ), at the University of California, Los Angeles School of Law subject to the journal’s standard editorial process and copyright policy.
Submissions shall not exceed 15,000 words (inclusive of footnote text), and may address any topic of interest so long as it reasonably relates to Asian Pacific Americans and the law.
More information available here.
I am pleased to help spread the word that the Denver University Law Review will be offering its second annual Emerging Scholar Award. Those who would like to be considered for the award may enter by submitting an article for publication.
Anyone is eligible who has received his or her J.D. as of March 1, 2015 and who has not yet accepted a tenure-track teaching position or held a full-time teaching position for more than three years. The selected recipient will receive an award of $500 and publication in Issue 1, Volume 93, scheduled for early 2016.
The Denver University Law Review will accept submissions for the Emerging Scholar Award from March 23, 2015, until March 30, 2015. The Articles Committee will review all submitted articles and respond to authors by April 13, 2015. Submission details are available here.
I am also pleased to report that last year’s Emerging Scholar Award recipient, Goldburn P. Maynard, Jr., recently accepted a tenure-track job offer with the University of Louisville School of Law. Professor Maynard is currently a Visiting Assistant Professor at the Florida State University School of Law, and was previously a Bigelow fellow. His article, “Addressing Wealth Disparities: Reimagining Wealth Taxation as a Tool for Building Wealth,” is available on SSRN.
My coauthored article with superstar University of Denver alum Aaron Belzer is now out in the UCLA Law Review! You can download it on UCLA’s website here. UCLA was a joy to work with and so was Aaron. I’ve written before about why I like coauthoring articles with students, and this time was no exception.