Arts and Humanities Commons^™

In The Air: Whipbird/Human/Koel, Joshua M. Lobb

Faculty of Law, Humanities and the Arts - Papers (Archive)

At a time when climate panic obscures clear thought, 100 Atmospheres is an invitation to think differently. Through speculative, poetic, and provocative texts, thirteen writers and artists have come together to reflect on human relationships with other species and the planet. The process of creating 100 Atmospheres was shared, with works (written, photographic and drawn) created individually and collectively. To think differently, we need to practice differently. The book contains thirteen chapters threaded amidst one hundred co-authored micro-essays. "In the Air" asks questions about our encounters with bird life, and how reconsidering our relationships with birds might also allow us …

Blue Star 773, Jack Frazer

Mighty Pen Project Anthology & Archive

A Vietnam chopper pilot tracks his time in the service with the fate of his former ride, helicopter Blue Star 773.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Balancing Sustainability And Scale In California Agriculture, Naupaka B. Zimmerman

Journal of Interdisciplinary Perspectives and Scholarship

California is the largest agricultural producer and exporter in America and has been at the forefront of developing organic agricultural methods. Naupaka Zimmerman looks at the impact of soil health on crop yield.

Exploring Diversity With A "Culture Box" In First-Year Legal Writing, Ann N. Sinsheimer

Articles

Studying law is in many ways like studying another culture. Students often feel as though they are learning a new language with unfamiliar vocabulary and different styles of communication. Throughout their legal education, students are also exposed to a profession comprised of unique traditions and expectations. As a result, learning law takes time and energy. It can be both engaging and frustrating and may even challenge some of students’ values and belief systems. To ease her students’ transition to law school, the author starts her course each year with a “culture box” exercise, which encourages students to examine who they …

Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley

Articles

This paper examines impressive new applications of legal text analytics in automated contract review, litigation support, conceptual legal information retrieval, and legal question answering against the backdrop of some pressing technological constraints. First, artificial intelligence (Al) programs cannot read legal texts like lawyers can. Using statistical methods, Al can only extract some semantic information from legal texts. For example, it can use the extracted meanings to improve retrieval and ranking, but it cannot yet extract legal rules in logical form from statutory texts. Second, machine learning (ML) may yield answers, but it cannot explain its answers to legal questions or …

Using Ai To Analyze Patent Claim Indefiniteness, Dean Alderucci, Kevin D. Ashley

Articles

In this Article, we describe how to use artificial intelligence (AI) techniques to partially automate a type of legal analysis, determining whether a patent claim satisfies the definiteness requirement. Although fully automating such a high-level cognitive task is well beyond state-of-the-art AI, we show that AI can nevertheless assist the decision maker in making this determination. Specifically, the use of custom AI technology can aid the decision maker by (1) mining patent text to rapidly bring relevant information to the decision maker attention, and (2) suggesting simple inferences that can be drawn from that information.

We begin by summarizing the …

Remembering, David Schlitz

Mighty Pen Project Anthology & Archive

A Coastie recalls the life onboard with his mates, the many rescues, the hard work of the sea, and his youth.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Going Home, Charles Williamson

Mighty Pen Project Anthology & Archive

A soldier and his squad take one of their own home during a mission in Iraq.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Hog Board, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young Marine in training stands up to his drill instructors on behalf of his mother.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Shadows, Richard H. Geisel

Mighty Pen Project Anthology & Archive

A Vietnam veteran considers the consequences of investigating a death during war.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Where Are The Women? Legal Traditions And Descriptive Representation On The European Court Of Justice, Rebecca D. Gill, Christian B. Jensen

Research Briefs

Why are there so few women on the European Union’s highest court, the European Court of Justice (ECJ)? Answering this question is fundamental to understanding how justices to the ECJ are appointed, how they represent Europeans in general and women in particular. In our article, recently published in the journal Politics, Groups and Identities, we find that pre-nomination career experience is associate with gender imbalances in the ECJ. In particular, we find that ECJ judges from member states where there is a tradition of judicial engagement with policy making judicial nominees with past experiences working in government ministries are less …

James Wilson As The Architect Of The American Presidency, Christopher S. Yoo

All Faculty Scholarship

For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …

“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin

All Faculty Scholarship

In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions of …

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

All Faculty Scholarship

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …

Striving For Credibility In The Face Of Ambiguity: A Grounded Theory Study Of Extreme Hardship Immigration Psychological Evaluations, Susan M. Burke

Antioch University Dissertations & Theses

Psychological evaluations are frequently used in extreme hardship immigration cases in the United States. These evaluations are complex; they are inherently ambiguous, and they require extensive training and specialized knowledge. General guidance for mental health professionals is available from professional organizations, the federal government, and articles in the legal and mental health literature. However, there is a lack of detailed guidance, best practices, training, and supervision so many evaluators learn on their own. Unfortunately, this has resulted in assessment processes and evaluation reports that vary widely in terms of professionalism and quality which negatively impacts the vulnerable families seeking these …

Money Bail Criminalizes Poverty, Lara Bazelon

Journal of Interdisciplinary Perspectives and Scholarship

The Bay Area is home to a movement to challenge the money-bail system, which disproportionately impacts community of color, and Lara Bazelon discusses the work of the USF School of Law’s Racial Justice Clinic.

Voices Of Hope And Trepidation: Usf Scholars Tackle Critical Issues Concerning The Future Of The San Francisco Bay Area, Saera R. Khan, Christine J. Yeh

Journal of Interdisciplinary Perspectives and Scholarship

Eighteen university scholars representing different academic fields provide their expertise in critical issues to underscore how the Bay Area’s stories of success and troubling challenges may forecast what our country could and would become. Although many of us share Manuel Pastor’s optimism in his book State of Resistance, we also focus on the experiences of marginalized communities which allows us to envision a version of success that is inclusive.

Aging In The Bay: Where We Excel And Fall Short In Serving The Needs Of Older Adults, Erin Grinshteyn

Journal of Interdisciplinary Perspectives and Scholarship

As the population of California and the Bay Area gets older, issues of high cost of living and transportation makes it difficult for elderly people. Erin Grinshteyn looks at initiatives in the Bay Area to help the aging populations.

Why Aren’T There More Female University Leaders?, Shirley Mcguire

Journal of Interdisciplinary Perspectives and Scholarship

Many women in leadership emerge from California, but there are still too few women in academic leadership positions. Shirley McGuire considers different pathways that women take to leadership positions and ways to encourage gender equity in higher education.

Entrepreneurship In Silicon Valley: The Road To Sustainable Prosperity, June Y. Lee

Journal of Interdisciplinary Perspectives and Scholarship

Although Silicon Valley has made significant cultural and technological advancements, only 9% of decision-makers at U.S. based venture capital firms are women and only 15% of the U.S venture dollars in 2017 went to teams with a female founder. June Y. Lee writes about the long history of successful entrepreneurship in Silicon Valley and the relationship between academia and industry.

Vi Et Armis: Londoners And Violent Trespass Before The Common Pleas In The Fifteenth Century, Lindsey Mcnellis

Graduate Theses, Dissertations, and Problem Reports

Civil litigation in early fifteenth-century England encompassed a variety of actions, but only one writ covered acts of violence: trespass vi et armis. These writs, all before the central Court of Common Pleas, detail a variety of violent torts, or wrongs, such as housebreaking, theft, imprisonment, abduction, and assault. The Londoners who entered pleadings in this court between 1405 and 1415 have left a fascinating glimpse into both interpersonal violence and the world of savvy litigators. Through a close examination of eighty-two cases, I demonstrate that Londoners were knowledgeable litigants who used the Court of Common Pleas and its …

The Aesthetics Of Disability, Jasmine E. Harris

All Faculty Scholarship

The foundational faith of disability law is the proposition that we can reduce disability discrimination if we can foster interactions between disabled and nondisabled people. This central faith, which is rooted in contact theory, has encouraged integration of people with and without disabilities, with the expectation that contact will reduce preju­dicial atti­tudes and shift societal norms. However, neither the scholarship nor disa­bility law sufficiently accounts for what this Article calls the “aesthetics of disability,” the proposition that our interaction with dis­ability is medi­ated by an affective process that inclines us to like, dislike, be attracted to, or be repulsed by …

Kennedy's Legacy: A Principled Justice, Mitchell N. Berman, David Peters

All Faculty Scholarship

After three decades on the Court, Justice Anthony Kennedy remains its most widely maligned member. Concentrating on his constitutional jurisprudence, critics from across the ideological spectrum have derided Justice Kennedy as “a self-aggrandizing turncoat,” “an unprincipled weathervane,” and, succinctly, “America’s worst Justice.” We believe that Kennedy is not as bereft of a constitutional theory as common wisdom maintains. To the contrary, this Article argues, his constitutional decisionmaking reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more or less, that one of has introduced in other work …

Sovereignty And Complex Interdependence: Some Surprising Indications Of Their Compatibility, Charles F. Sabel

Faculty Scholarship

Even as democratic sovereignty and globalization are increasingly seen as incompatible in theory, this chapter argues that, in some important realms, they are proving compatible in practice. As tariffs have fallen to negligible levels, trade agreements among rich countries have come to focus on reconciling regulatory differences. In many sectors, novel forms of cooperation have emerged that allow trade partners deliberately to investigate and learn from one another’s practices, eventually recognizing the equivalence of regimes that are not strictly identical — and in the process extending domestic political oversight to relations among states while often heightening domestic accountability. The emergent …

The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan G. Cohen

Scholarly Works

A feature of the Norman J. Shachoy Symposium: The Rabbinic Idea of Law: Interactions and Implications

Inspired by Chaim Saiman’s brilliant book, Halakhah: The Rabbinic Idea of Law, this essay draws connections between the lived experiences of international law and Jewish law, focusing in particular on (1) the centrality of practice, (2) the search for and construction of authority in communities of practice (the “invisible college”), (3) the challenges and opportunities of fragmentation and pluralism, and (4) the difficulty translating their methods to more state-like institutions, like courts and legislation. The hope is that this testimony of one of H.L.A. …

Feed: State Transparency Amidst Informational Surplus, Mark Fenster

Mark Fenster

Solidarity Economy Lawyering, Renee Hatcher

Renee Hatcher

Trust, Autonomy, And The Fiduciary Relationship, Carolyn Mcleod, Emma Ryman

Carolyn McLeod