Digital Commons Network^™

Property's Memories, Eduardo Peñalver

Articles

No abstract provided.

When Is A Difference Really Different? Learners' Discrimination Of Linguistic Contrasts In American Sign Language, Joseph Bochner, Karen Christie, Peter Hauser

Articles

Learners’ ability to recognize linguistic contrasts in American Sign Language (ASL)was investigated using a paired-comparison discrimination task. Minimal pairs containing contrasts in five linguistic categories (i.e., the formational parameters of movement, handshape, orientation, and location in ASL phonology, and a category comprised of contrasts in complex morphology) were presented in sentence contexts to a sample of 127 hearing learners at beginning and intermediate levels of proficiency and 10 Deaf native signers. Participants’ responses were analyzed to determine the relative difficulty of the linguistic categories and the effect of proficiency level on performance. The results indicated that movement contrasts were the …

Accessing Justice: The Available And Adequacy Of Counsel In Removal Proceedings, Peter Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Articles

The immigrant representation crisis is a crisis of both quality and quantity. It is the acute shortage of competent attorneys willing and able to competently represent individuals in immigration removal proceedings. Removal proceedings are the primary mechanism by which the federal government can seek to effect the removal, or deportation, of a noncitizen. The individuals who face removal proceedings might be: the long-term lawful permanent resident (green card holder) who entered the country lawfully as a child and has lived in the United States for decades; or the refugee who has come to the United States fleeing persecution; or the …

Towards A Unified Definition Of Supply Chain Management, Edward Sweeney

Articles

A wide range of definitions of supply chain management (SCM) have been developed over the last three decades. The philosophy of SCM is based firmly on a recognition that it is only by working in a more integrated manner that competitive advantage can be maximised. However, for this to become a reality the development of common definitions and understandings between supply chain partners is a critical success factor. The corollary of this is that a lack of definitional consistency and a common understanding is an inhibitor to the successful adoption of SCM thinking in practice. This paper reviews a number …

After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case

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No abstract provided.

Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein

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No abstract provided.

Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth

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In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

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Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. …

Examining The Reality Of Foreign National Child Victims Of Human Trafficking In The United States, Bridgette A. Carr

Articles

Human traffickers prey on the vulnerabilities of other people. Poverty, lack of education, and language barriers are keys that human traffickers use to successfully exploit others. For foreign national children who have been trafficked in the United States, these same vulnerabilities are often ignored by the immigration system. From its inception, the Trafficking Victims Protection Act (TVPA) has been touted as a tool to combat grave human rights violations that affect children. In fact, the TVPA's legislative history is rife with stories, statistics, and anecdotes involving children-often young girls. The TVPA has always recognized the failure of a one-size-fits-all approach …

Speaking For The Dead: Voice In Last Wills And Testaments, Karen J. Sneddon

Articles

I do now hereby give, bequeath, and devise all items of tangible personal property that I own or may own a right thereonto, which includes, but is not limited to, objet d'art, furnishings, automobiles, and silver, to my surviving issue per stirpes.

A will is arguably the most important and personal legal document an individual ever executes. As the language above illustrates, much of the typical language in a will removes all traces of the individual. This personal legal document is ostensibly the individual's-the testator's-document. For a testator, contemplating the creation and execution of a will is the contemplation of …

Automatic Annotation Of Referring Expression In Situated Dialogues, Niels Schütte, John D. Kelleher, Brian Mac Namee

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To apply machine learning techniques to the production and interpretation of natural language, we need large amounts of annotated language data. Manual annotation, however, is an expensive and time consuming process since it involves human annotators looking at the data and explicitly adding information that is implicitly contained in the data, based on their judgment. This work presents an approach to automatically annotating referring expressions in situated dialogues by exploiting the interpretation of language by the participants in the dia- logue. We associate instructions concerning objects in the environment with automatically detected events involving these objects and predict the referents …

Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri

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No abstract provided.

Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi

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This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …

Opinions, Implications, And Confusions, Leonard M. Niehoff

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The law of defamation is haunted by ancient common law principles, such as the distinction between libel per se and libel per quad, that contribute nothing to our current jurisprudence beyond providing opportunities for misunderstanding and perplexity. Unfortunately, more contemporary doctrines have further complicated the field by sowing fresh confusions. This article explores two such doctrines-the principle that a defamation claim cannot rest upon an opinion and the principle that a defamation claim can rest upon unstated implications- and suggests that there are troublesome contradictions both within them and between them. In short, this article respectfully proposes that these two …

Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris

Articles

Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across …

Survey Of Recent Halakhic Periodical Literature: Spontaneous Generation And Halakhic Inerrancy, J. David Bleich

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No abstract provided.

Documentary Disenfranchisement, Jessie Allen

Articles

In the generally accepted picture of criminal disenfranchisement in the United States today, permanent voting bans are rare. Laws on the books in most states now provide that people with criminal convictions regain their voting rights after serving their sentences. This Article argues that the legal reality may be significantly different. Interviews conducted with county election officials in New York suggest that administrative practices sometimes transform temporary voting bans into lifelong disenfranchisement. Such de facto permanent disenfranchisement has significant political, legal, and cultural implications. Politically, it undermines the comforting story that states’ legislative reforms have ameliorated the antidemocratic interaction of …