Digital Commons Network^™

The Search For June Cleaver: International Marriage Brokerages And Mail-Order Brides, Itta C. Englander

Itta C. Englander

This paper chronicles a journey through the modern mail-order bride industry. It examines the mail-order bride industry from its early roots in the Western Hemisphere to its current permutations. It discusses the risks that mail-order brides face and explores possible solutions offered through domestic and international instrumentalities.

(How) Does Unconscious Bias Matter?: Law, Politics, And Racial Inequality, Richard Banks, Richard Thompson Ford

R. Banks

During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people, and featured in major print and broadcast media. Its proponents contend that the IAT reveals widespread unconscious bias against African-Americans, even among individuals who believe themselves to be free of racial bias.

In fact, however, the findings of the IAT are ambiguous. The test could just as plausibly be thought …

Anton Chekhov’S “Home” And “A Visit To Friends”: The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Downing Redwood

James Downing Redwood

The busy life of the practicing attorney is proverbial and leaves but little room and time for the demands of home. Further, it is equally well known that the lawyer’s training emphasizes the objective over the subjective, the rational and logical over the emotional and personal. This article analyzes two short stories by the renowned Russian author Anton Chekhov, both of which give the reader a practicing lawyer attempting to reconcile the demands of the office with those of the home. In one story the attorney harmonizes the two by becoming more personal and “subjectified,” while in the other work …

Anton Chekhov's "Home" And "A Visit To Friends": The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Redwood

James Downing Redwood

The busy life of the practicing attorney is proverbial and leaves but little room and time for the demands of home. Further, it is equally well known that the lawyer’s training emphasizes the objective over the subjective, the rational and logical over the emotional and personal. This article analyzes two short stories by the renowned Russian author Anton Chekhov, both of which give the reader a practicing lawyer attempting to reconcile the demands of the office with those of the home. In one story the attorney harmonizes the two by becoming more personal and “subjectified,” while in the other work …

Anton Chekhov's "Home" And "A Visit To Friends": The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Downing Redwood

James Downing Redwood

The busy life of the practicing attorney is proverbial and leaves but little room and time for the demands of home. Further, it is equally well known that the lawyer’s training emphasizes the objective over the subjective, the rational and logical over the emotional and personal. This article analyzes two short stories by the renowned Russian author Anton Chekhov, both of which give the reader a practicing lawyer attempting to reconcile the demands of the office with those of the home. In one story the attorney harmonizes the two by becoming more personal and “subjectified,” while in the other work …

Voices On The Run: What The Slave Narratives Can Tell Us About The Immigration Debate, Hadley Ajana

Hadley Ajana

This paper compares three accounts of runaway slaves from the eighteenth and nineteenth centuries with three twentieth and twenty-first century accounts of Spanish speaking immigrants to the United States. The works examined are Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African, Written by Himself; Narrative of the Life of Frederick Douglass; Harriet Jacob's Incidents in the Life of a Slave Girl; Barbara Kingsolver's Bean Trees; Victor Villasenor's Rain of Gold; and Sonia Nozaria's Enrique's Journey. Examining the rhetorical strategies used in the earlier works by the abolitions and the devices used in the modern writing, …

At The Intersection Of Property And Insolvency: The Insolvent Company's Encumbered Assets, Riz Mokal

Riz Mokal

This is the working paper for an invited article published in (2008) 20(2) Singapore Academy of Law Journal 495.

When a company becomes subject to winding-up proceedings, it is widely thought to lose beneficial ownership of its property. The property is held, instead, on a ‘statutory trust’ to discharge the company’s liabilities. The attribution of this ‘proprietary’ effect to the commencement of winding-up has, however, created significant confusion. Faring particularly poorly is our understanding of the status of those of the company’s assets in which others held proprietary rights prior to this point, notably, assets the company’s title to which …

Accountable Intelligence And Intelligent Accountability, Mary O'Rawe

Mary O'Rawe

Abstract Intelligence led policing is in the ascendancy on a global level. This poses serious and often delegitimated questions around law’s ability to prevent and sanction wrongdoing by state security agents. The ramifications of law’s failures are particularly felt in conflicted and post conflict societies. This paper, through the prism of the Northern Ireland experience, problematises the more global sanitation and reification of ‘covert intelligence’ approaches and their potential to contribute to insecurity rather than security.

"Nigger": A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Shayne E. Jones, Gregory S. Parks

Shayne E Jones

On a 2005 summer morning, Nicholas “Fat Nick” Minucci (White) beat Glenn Moore (Black) with a baseball bat and robbed him. During the assault, Minucci repeatedly screamed the N-word. At trial, Minucci’s attorney argued that he had not committed a hate crime. The essence of the defense’s argument was that Minucci’s use of the N-word while assaulting and robbing Moore was not indicative of any bias or prejudice. The defense went on to indicate that Minucci had Black friends, was immersed in Black culture, and employed the N-word as part of his everyday vocabulary. Two Black men—Gary Jenkins (hip hop …

Informants In The Us A View From The Outside, Tamara Dimovska

Tamara Dimovska

Men may be without restraints upon their liberty; they may pass to and fro at pleasure: but if their steps are tracked by spies and informers, their words noted down for crimination, their associates watched as conspirators—who shall say that they are free?... This is America is what Americans say when they talk about the peculiarities that differentiate them from the rest of the world. Even though one associates secrecy and temptation with the use of the term informant, the US criminal justice candidly acknowledges the wide use of Informants…This Article shall not be construed as an attempt to change …

The Economic Bias In Tort Law, Ronen Perry

Ronen Perry

Economic loss is moving to the forefront of tort discourse on both sides of the Atlantic. A Council draft of the Restatement (Third) of Torts: Economic Torts and Related Wrongs is being appraised and discussed by prominent American tort scholars, and European academics are seeking common ground regarding liability for economic loss in the European Union. The time may well be ripe to focus on an unexplored, perhaps unnoticed, mystery in the common law of torts: the consequential-relational economic loss dichotomy. Consequential economic loss is economic loss that stems from physical injury to the plaintiff’s own person or property. Relational …

Perspectives Of Schooling Through Karaoke: A Metaphorical Analysis, Payal Arora

Payal Arora

This paper plays with education through the analogy of karaoke to tease out the instructions of a situated educational practice. Here, Cremin's conceptualization of education as a deliberate, systematic and sustained effort is employed as a starting point to enable an understanding of educational practice between members elicited by karaoke. Using Garfinkel's ethnomethodological framework, the paper investigates modes of education through karaoke practice as part of the ‘live’ narrative, that of instructing and being instructed with the ‘curriculum’ of the event at hand.

A Cross-Border Exploration Of The Professional Development Needs Of Heads Of Year, Patricia Mannix Mcnamara Dr., Eva Devaney, Tom Geary, Caryl Sibbett Dr., Willie Thompson

Dr. Patricia Mannix McNamara

Pastoral work in schools is about meeting student needs. However in the context of an increasingly changing society, students’ needs are also rapidly changing. The expectation that schools should assume more responsibility for mental health promotion, coupled with an increase in poor mental health and distress among young people, have placed increased pressures on parents and schools (Shucksmith et al. 2005). In schools it is often the pastoral care team, and in particular the year heads, who have to deal with situations that they often feel unprepared for (Wilson et al. 2004, Rothi et al. 2008). It is therefore important …

A Tiny Heart Beating: Student-Edited Legal Periodicals In Good Ol' Europe, Luigi Russi, Federico Longobardi

Bocconi Legal Papers

This paper has a twofold aim: to analyze the possible opportunities disclosed by the observed growth of student- edited law reviews in Europe and to propose an innovative model of student participation to legal publication.

The first part explores the phenomenon of student-edited law reviews in the U.S., focusing on its recognized educational benefits. Among others, it is observed that participation in student-edited law reviews might promote greater scholarly maturity among J.D. students, who might in turn be better equipped for a career in the academia after finishing law school, in comparison to their same-age European peers. Hence, there follows …

Idea Of Terrorism In China, Kam C. Wong

Kam C. Wong

This research investigated an old political problem in a new cultural context: what is the idea of terrorism in China? Specifically, this research posed two inter-related research questions in search of an understanding of terrorism on Chinese soil: how did China conceive of terrorism in the imperial past? What is China’s conception of terrorism in the communist present?

Policing Hong Kong Police, Kam C. Wong

Kam C. Wong

This paper is about HKP power, its proper exercise and effective control, i.e. police accountability, thus the title “Policing the HKP.” This is a first attempt to provide for a comprehensive, descriptive, and analytical account of the police accountability system in Hong Kong.

Human Rights And Gun Confiscation, David B. Kopel

David B Kopel

This Article addresses a human rights problem which has been generally ignored by the advocates of firearms confiscation: the human rights abuses stemming from the enforcement of coercive disarmament laws.

Part I conducts a case study of the U.N.-supported gun confiscation program in Uganda, a program which has directly caused massive, and fatal, violations of human rights. Among the rights violated have been those enumerated in Article 3 (“the right to life, liberty and security of person” ) and Article 5 (“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”) of the Universal …

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

David J. Arkush

This Article attempts to clarify legal thinking about emotion in decision making. It surveys evidence from psychology and neuroscience on the extensive role that emotion and related nonconscious cognitive processes play in human behavior, then evaluates the treatment of emotion in three legal views of decision making: rational choice theory, behavioral economics, and cultural cognition theory. The Article concludes that each theory is mistaken to treat emotion mostly as a decision objective rather than a part of the decision-making process and, indeed, to treat it as a force that mostly compromises that process. The Article introduces the view that emotion …

The Peculiar Story Of United States V. Miller

Brian L. Frye

This article provides a comprehensive history and interpretation of United States v. Miller, the only Supreme Court case construing the Second Amendment. It presents evidence Miller was a test case designed by the government to test the constitutionality of federal gun control. It shows the holding in Miller is narrower than generally assumed. It argues Miller adopts neither the individual nor the collective right theory of the Second Amendment. It suggests the Supreme Court’s pragmatic, deferential approach in Miller remains appropriate.

The Epistemic Transformation On The Relationship Between Power & Truth In Sociological Theory After May 1968, Jorge Gibert-Galassi

jorge gibert-galassi

No abstract provided.

Explosive Road From Dublin: The Legal Flaws In The Convention To Ban Cluster Munitions And Recommendations For Their Cure., Alexandra R. Harrington

Alexandra R. Harrington

In a popular Irish folk song, the hero leaves his boyhood home in the Irish country

side and takes the “rocky road to Dublin” in order to sail to a new life in a new country. However hopeful the hero is throughout his journey, when he arrives at his destination he finds that it is not as hospitable as he had expected. Despite its light-hearted beat, this song is oddly prophetic for an analysis of the Convention to Ban Cluster Munitions.

In May, 2008, the Convention to Ban Cluster Munitions (“Cluster Munitions Convention”) was adopted by a group of one-hundred …

A Tiny Heart Beating: Student-Edited Legal Periodicals In Good Ol' Europe, Luigi Russi, Federico Longobardi

ILSU Working Paper Series

This paper has a twofold aim: to analyze the possible opportunities disclosed by the observed growth of student- edited law reviews in Europe and to propose an innovative model of student participation to legal publication.

The first part explores the phenomenon of student-edited law reviews in the U.S., focusing on its recognized educational benefits. Among others, it is observed that participation in student-edited law reviews might promote greater scholarly maturity among J.D. students, who might in turn be better equipped for a career in the academia after finishing law school, in comparison to their same-age European peers. Hence, there follows …

Immersive Learning Environments In Parallel Universes: Learning Through Second Life, Ken Haycock, J. Kemp

Ken Haycock

Opportunities for more creative and innovative environments for learners continue to develop through distance education. Especially at the post-secondary level, these immersive environments can involve high-end video game technologies to create multi-user virtual worlds that can both replicate and far extend physical classrooms. At San Jose State University's School of Library and Information Science, courses offered in and through Second Life develop both competence and comfort in working with library users. Several useful lessons have also been learned.