Digital Commons Network^™

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …

People And Animals, Kindness And Cruelty: Research Directions And Policy Implications, Frank R. Ascione, Kenneth J. Shapiro

Kenneth J. Shapiro, PhD

This article addresses the challenges of defining and assessing animal abuse, the relation between animal abuse and childhood mental health, the extensive research on animal abuse and intimate partner violence, and the implication of these empirical findings for programs to enhance human and animal welfare. Highlighted are recent developments and advances in research and policy issues on animal abuse. The reader is directed to existing reviews of research and areas of focus on the expanding horizon of empirical analyses and programmatic innovations addressing animal abuse. Following a discussion of forensic and veterinary issues related to animal abuse, we discuss policy …

Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler

Margaret Butler

No abstract provided.

Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow

Leslie E. Wolf

Researchers often require and collect sensitive information about individuals to answer important scientific questions that impact individual health and well-being and the public health. Researchers recognize they have a duty to maintain the confidentiality of the data they collect and typically make promises, which are documented in the consent form. The legal interests of others, however, can threaten researchers’ promises of confidentiality, if they seek access to the data through subpoena. Certificates of Confidentiality (Certificates), authorized by federal statute, are an important tool for protecting individually identifiable sensitive research data from compelled disclosure. However, questions persist in the research community …

Oliver Wendell Holmes, Jr., And The American Civil War, Catharine P. Wells

Catharine P. Wells

Labor Law As The Law Of Economic Subordination And Resistance: A Thought Experiment, Harry W. Arthurs

Harry Arthurs

No abstract provided.

Varieties Of Capitalism And The Learning Firm: Contemporary Developments In Eu And German Company Law - A Comment On The Strine-Bainbridge Debate About Shared Values Of Corporate Management And Labor, Peer Zumbansen

Peer Zumbansen

Research in corporate governance and in labour law has been characterized by a disjuncture in the way that scholars in each field are addressing organizational questions related to the business enterprise. While labour has eventually begun to shift perspectives from aspirations to direct employee involvement in firm management, as has been the case in Germany, to a combination of 'exit' and 'voice' strategies involving pension fund management and securities litigation, it remains to be seen whether this new stream will unfold as a viable challenge to an otherwise exclusionary shareholder value paradigm. At the same time, recent suggestions made by …

The Incurable Constitutional Itch: Transnational Private Regulatory Governance And The Woes Of Legitimacy, Peer C. Zumbansen

Peer Zumbansen

Transnational private regulatory governance in a host of areas from food and product safety, aviation security, accounting, corporate and labor standards, as well as forestry and marine stewardship has long attracted the attention of those with concern for the public interest. The chapter recognizes these concerns, which are usually expressed in terms of a wide-ranging legitimacy deficit of private governance regimes. At the same time, I contend that there is no easy fix in response to regulatory developments that have their origin in nation-state transformation and in a functionally differentiated proliferation of global societal activity. I provide a brief account …

Patrolling The Borders Of Sexual Orientation: Bisexual Refugee Claims In Canada, Sean Rehaag

Sean Rehaag

Canada’s current definition of a refugee includes those facing persecution on account of sexual orientation. This article demonstrates that the success rates for sexual-minority refugee claims are similar to the success rates for traditional refugee claims. However, one subset of sexual-minority refugee claimants, those alleging a fear of persecution on account of bisexuality, is far less successful. The author contends that a major cause of the difficulties bisexual refugee claimants encounter is the dominant understanding of sexual orientation as an innate and immutable personal characteristic. This view of sexual orientation underlies contemporary Canadian sexual-minority refugee law. The life experiences of …

Labor And Urban Crisis In Buffalo, New York: Building A High Road Infrastructure, Ian Greer, Lou Jean Fleron

Ian Greer

With inequality growing and competitive market forces on the march, can unions play a constructive role in solving the problems of capitalist economic development? Should they try? In this study of coalition building in Buffalo, New York we find that regular procedures of problem solving involving multiple coalition partners – what we call a high-road social infrastructure – have developed in the city. We discuss the progression of union approaches to economic development, including in-plant and regional labor-management partnership, community coalitions and the creation of labor-led nonprofit organizations. In response to long-term economic and social crisis, a group of union …

Labor And Regional Development In The U.S.A.: Building A High Road Infrastructure In Buffalo, New York, Ian Greer, Lou Jean Fleron

Ian Greer

[Excerpt] In a country where worker representatives lack broadly institutionalized roles as "social partners," how can they play a constructive role in solving the problems of regional development? In Buffalo, New York, regularized, labor-inclusive procedures of problem solving involving multiple coalition partners – what we call a high-road social infrastructure – has emerged. Socially engaged researchers and educators have played a role in spreading lessons and organizing dialogue. Despite the emergence of regional cooperation, however, successful development politics are hampered by many of the same problems seen in European regions, including uncertainty about the best union strategy, hostility from business …

Changes In Orthodontic Treatment Modalities In The Past 20 Years: Exploring The Link Between Technology And Scientific Evidence, T. Gerard Bradley

T. Gerard Bradley

Statement of the issue: Is there a link between the many perceived advances in orthodontic techniques/therapy and science in the past 20 years? The purpose of this paper is to take five topics and match the perceptions with the scientific evidence. The variety of appliances and the swings in treatment philosophy have been dramatic, including the swing from extraction to non-extraction therapy, the introduction of space-age wires, appliances that grow mandibles, the introduction and extraordinary growth of Invisalign, and reduced friction brackets to reduce treatment time, all with claims by manufacturers of better results than ever before. The focus is …

Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau

Sonya G Bonneau

Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?

This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …

Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng

Joshua Jeng

The line between ideas and expressions in copyright law has never been particularly clear. We want to protect what authors create so that they are motivated to create more, but we want broad concepts to remain free so that others may produce even more works. The distinction concept and an author's take on a concept has always been very difficult to define, even among legal scholars, and has largely remained misunderstood by the average author. However, as derivative works increase in prevalence and economic importance, the need for workable framework for understanding copyright that the lay author can understand is …

A Historical Perspective Of The Evolution Of Australian Built Heritage And Its Management, Johari Hussein, Lynne Armitage, Linda Too

Lynne Armitage

This paper analyses the origin and parameters that contribute to the development of Australian built heritage, identifies the underlying challenges and issues that stakeholders face in their management, and thereby develops a basis for further research. A literature review was conducted on published resources related to heritage buildings in an historical context to categorise contributory parameters that have shaped Australian built environment over the past two centuries. It is perceived by researchers that modernisation, sustainability and technology are factors that help to retain built heritage values. However, this review suggests that the way in which these factors are applied often …

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Rod Smolla

No abstract provided.

Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012), Paul B. Lewis

Paul Lewis

Among the volume of material written about the Irish debt crisis and its impact over the past few years, strikingly little has been written about the ability to save a financially distressed company under Irish law and whether corporate restructuring could have mitigated some of the financial damage to Irish companies, particularly those in the property and construction industries. There is a reason for this. The number of filings under the Examinership law - the rough equivalent of Chapter 11 in the United States - remained small and relatively constant during both the recent boom and the more immediate bust …

The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins

Maureen B. Collins

No abstract provided.

10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon

Thomas D. Lyon

Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose

Meg Penrose

This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …

Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose

Meg Penrose

This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …

Global Economies, Regulatory Failure, And Loose Money: Lessons For Regulating The Finance Sector From Iceland's Financial Crisis, Birgir T. Petursson, Andrew P. Morriss

Andrew P. Morriss

Iceland was the first developed economy to fall into crisis in 2008, with the collapse of its banking sector, currency value, and economy. The collapse threw Iceland into a political crisis and provoked a serious international dispute between Iceland and Britain and the Netherlands over responsibility for the failed banks. Prior to 2008, Iceland had been treated as the poster child for deregulation; since 2008, it has been held up as the poster child for the dangers offinancial liberalization. Neither is accurate. Rather, Iceland presents a cautionary tale about the interrelationships between fiscal and monetary policy and regulatory measures. Excessive …

Why Orientalism Still Matters: Reading ‘Casual Forgetting’ And ‘Active Remembering’ As Neoliberal Forms Of Contestation In International Politics, Shiera S. Malik

Shiera S el-Malik

Anwar Al-Aulaqi: Targeted Killings, Emergency Executive Powers, And The Principle Of Proportionality, Charles John Smith

Charles Kay Smith

No abstract provided.

In Memoriam, J.F.K., Charles Allen Smith

Charles Kay Smith

Two thousand years ago a man who called himself Koheleth said in the book of Ecclesiastes: "To everything there is a season, and a time to every purpose under the heaven." What happened in Dallas this afternoon makes it impossible for us to go about our business in the ordinary way.

The Press And Politics In Nigeria: A Case Study Of Developmental Journalism, 6 B.C. Third World L.J. 85 (1986), Michael P. Seng, Gary T. Hunt

Michael P. Seng

No abstract provided.

Racial Glass Ceilings, Gendered Responses: Taiwanese American Professionals' Experiences Of Otherness, Chien-Juh Gu

Chien-Juh Gu

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

Charles J. Russo

No abstract provided.

Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero

Victor C. Romero

For immigration scholars, Justice Field is perhaps best remembered for his majority opinion in Chae Chan Ping v. United States, the Supreme Court’s decision upholding Chinese exclusion, and credited for introducing the plenary power doctrine to immigration law. Yet, despite the opinion’s xenophobic rhetoric reflecting his personal views of the Chinese, Justice Field dissented in Fong Yue Ting v. United States, reasoning that, once they became lawful residents, the Chinese were entitled to be treated as equals under the law regardless of citizenship, a position supported by his earlier federal circuit court opinion in Ho Ah Kow v. …

The Saints Of The Vincentian Family, John E. Rybolt

John E Rybolt

This paper presents the stories of the saints and other holy figures, mainly members of the Congregation of the Mission. It treats at some length China, the persecutions during the French Revolution, and Ethiopia. A further listing follows as an appendix, covering martyrs and others from Ireland, Madagascar, Algiers, Italy, Brazil, Portugal, Persia, Spain, and other countries.