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2012

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The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven Silver Aug 2012

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …


The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven J. Silver Aug 2012

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven J. Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …


Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser Aug 2012

Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser

Mark Strasser

In Christian Legal Society of the University of California, Hastings College of Law v. Martinez, the Supreme Court upheld the Hastings College of Law’s requirement that all recognized student groups have an open membership policy. The decision has been criticized for a variety of reasons, e.g., that the Court conflated the First Amendment tests for speech and association. What has not been adequately explored is the degree to which the Court has modified limited purpose public forum analysis in the university context over the past few decades, resulting in a jurisprudence that is virtually unrecognizable in light of the more …


A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry May 2012

A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry

Deana Perry

No abstract provided.


The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott Feb 2012

The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott

Ryan W. Scott

The “information sharing” model, a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. Armed with that information, judges can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view, arguing that information sharing suffers from three fundamental weaknesses as an alternative to …


The Story Of An Eminently Forgettable Teacher Of English Told In His Own Words, Bibudhendra Narayan Patnaik Jan 2012

The Story Of An Eminently Forgettable Teacher Of English Told In His Own Words, Bibudhendra Narayan Patnaik

Bibudhendra Narayan Patnaik

No abstract provided.


Reconstructing Race: A Discourse-Theoretical Approach To A Normative Politics Of Identity, Andrew Pierce Jan 2012

Reconstructing Race: A Discourse-Theoretical Approach To A Normative Politics Of Identity, Andrew Pierce

Andrew J. Pierce

This paper aims to get clear on the normative implications of the idea that race is a “social construction,” not just for political practice in non-ideal societies where racial oppression remains, but in “ideal” (presumably non-racist) societies as well. That is, I pursue the question of whether race and/or racial identity would have any legitimate place in an ideally just society, or to state it another way, whether the concept of race can be extricated from the history of racial oppression from which it arose. The position I defend is a version of what has come to be called a …


Honor Amongst Thieves: Organized Crime And The Illicit Antiquities Trade, Kimberly L. Alderman Jan 2012

Honor Amongst Thieves: Organized Crime And The Illicit Antiquities Trade, Kimberly L. Alderman

Kimberly L. Alderman

Government agencies, non-profits, scholars, and advocacy groups alike assert that organized crime dominates the illicit antiquities trade. The illicit antiquities trade has been linked to money laundering, extortion, the drug and arms trades, terrorism and insurgency, and even slavery. This Article considers the connection between organized crime and the illicit antiquities trade, examines known criminal subcultures and evidence of their involvement in the trade, and analyzes lateral cooperation between loosely organized criminal groups. Finally, the Article poses the broader question of whether this lateral cooperation suggests that the antiquities trade as a whole operates as an organized criminal industry.


L’Essor Et Le Déclin De L’Occident: Une Perspective Géographique (The Rise And Fall Of The West: A Geographical Perspective), Nicole Andréa Mathys, Jean-Marie Grether, Claude Lutzelschwab Jan 2012

L’Essor Et Le Déclin De L’Occident: Une Perspective Géographique (The Rise And Fall Of The West: A Geographical Perspective), Nicole Andréa Mathys, Jean-Marie Grether, Claude Lutzelschwab

Nicole Andréa Mathys

This paper proposes a new representation of the worldwide distribution of human population and economic activity over two millennia. Combining the Maddison and the G-Econ databases, it tracks the evolution of the world’s demographic and economic centers of gravity during the 1-2010 period. The distributional and temporal patterns that emerge are clear and contrasted, with a stable East- Asian predominance during the first eighteen centuries, followed by a boomerang-like westward shift during the last two centuries. New turning points are identified, suggesting that the reversal of the Western shift occurred as early as the 1920s in demographic terms and in …


Exposing Whiteness In Higher Education: White Male College Students Minimizing Racism, Claiming Victimization, And Recreating White Supremacy, Nolan L. Cabrera Jan 2012

Exposing Whiteness In Higher Education: White Male College Students Minimizing Racism, Claiming Victimization, And Recreating White Supremacy, Nolan L. Cabrera

Nolan L. Cabrera

This research critically examines racial views and experiences of 12 white men in a single higher education institution via semi-structured interviews. Participants tended to utilize individualized definitions of racism and experience high levels of racial segregation in both their pre-college and college environments. This corresponded to participants seeing little evidence of racism, minimizing the power of contemporary racism, and framing whites as the true victims of multiculturalism (i.e. ‘reverse racism’). This sense of racial victimization corresponded to the participants blaming racial minorities for racial antagonism (both on campus and society as a whole), which cyclically served to rationalize the persistence …


Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber Jan 2012

Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber

Diane Webber

More than ten years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. …


How The British Gun Control Program Precipitated The American Revolution, David B. Kopel Jan 2012

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …


A Problem Of Power: The Impact Of Modern Sovereignty On The Rule Of Law In Comparative And Historical Perspective, Bruce P. Frohnen Jan 2012

A Problem Of Power: The Impact Of Modern Sovereignty On The Rule Of Law In Comparative And Historical Perspective, Bruce P. Frohnen

Bruce P Frohnen

No abstract provided.


The African Lexis In Jamaican: Its Linguistic And Sociohistorical Significance, Joseph T. Farquharson Jan 2012

The African Lexis In Jamaican: Its Linguistic And Sociohistorical Significance, Joseph T. Farquharson

Joseph T. Farquharson

This thesis presents a fresh and comprehensive treatment of the putative lexical Africanisms in Jamaican with a view to assessing the volume and nature of this aspect of the grammar of Jamaican.

The work draws on a set of best practices in the field of etymology and outlines a set of transparent guidelines for assigning etyma. These guidelines are put to work by conducting careful etymological analyses of the over 500 putative Africanisms that have been identified for Jamaican. The analyses produce a list of 289 words whose African etymologies have been fairly well established. An entire chapter is devoted …