Law Commons^™

Western Union, The American Federation Of Labor, Google, And The Changing Face Of Corporate Privacy Advocates, Wesley Macneil Oliver

Law Faculty Publications

No abstract provided.

No Easy Answers, Dana Neacsu

Law Faculty Publications

In his essay “No Exit” (March 20), David Greenberg dutifully points out some old and recent books whose endings seem “unpersuasive and unsupported by what came before.” And I disagree with his characterization of Walter Lippmann and his 1922 treatise “Public Opinion.”

Political Satire And Political News: Entertaining, Accidentally Reporting Or Both? The Case Of The Daily Show With Jon Stewart (Tds), Dana Neacsu

Law Faculty Publications

For the last decade, The Daily Show with Jon Stewart (TDS), a (Comedy Central) cable comedy show, has been increasingly seen as an informative, new, even revolutionary, form of journalism. A substantial body of literature appeared, adopting this view. On closer inspection, it became clear that this view was tenable only in specific circumstances. It assumed that the comedic structure of the show, TDS' primary text, promoted cognitive polysemy, a textual ambiguity which encouraged critical inquiry, and that TDS' audiences perceived it accordingly. As a result I analyzed, through a dual - encoding/decoding - analytical approach, whether TDS' comedic discourse …

Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty. Edited By Lucie E. White And Jeremy Perelman. Stanford, Ca:Stanford University Press, 2010 [Book Review], Dana Neacsu

Law Faculty Publications

This is a book review of Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty. Lucie E. White and Jeremy Perelman (eds.). Stanford, CA: Stanford University Press, 2010. PP.280. ISBN 9780804769198. US$70.00 International Journal of Legal Information, 39, pp. 101-103.

The Modern History Of Probable Cause, Wesley Macneil Oliver

Law Faculty Publications

We often assume that those who wrote the Constitution understood its terms in a way that bears at least some similarity to the way we understand those terms today. This assumption is essential to the legitimacy of using Framing Era sources to inform the meaning of Constitutional provisions that regulate this system. This assumption is incorrect for one of the most important terms in criminal procedure. Probable cause meant something very different to the Framers than it means to modem lawyers. Probable cause was, as a practical matter, often nothing more than a pleading requirement for victims or officers who …

The Present And Future Of Plea Bargaining: A Look At Missouri V. Frye And Lafler V. Cooper, Wesley Macneil Oliver

Law Faculty Publications

No abstract provided.

Preserving And Ensuring Long-Term Access To Digitally Born Legal Information, Sarah Rhodes, Dana Neacsu

Law Faculty Publications

Written laws, records and legal materials form the very foundation of a democratic society. Lawmakers, legal scholars and everyday citizens alike need, and are entitled, to access the current and historic materials that comprise, explain, define, critique and contextualize their laws and legal institutions. The preservation of legal information in all formats is imperative. Thus far, the twenty-first century has witnessed unprecedented mass-scale acceptance and adoption of digital culture, which has resulted in an explosion in digital information. However, digitally born materials, especially those that are published directly and independently to the Web, are presently at an extremely high risk …

The Red Booklet On Feminist Equality. Instead Of A Manifesto, Dana Neacsu

Law Faculty Publications

If feminist legal theory were to face its legacy today, it would see that its tremendous value rests in its means more than in its ends. True, it has produced palpable results for its promoters domestically. It satisfied many feminists' discrete incremental requests, from Women's History Month to a limited right to bear or beget. While feminism partially satisfied well-identified gendered demands, it has ignored their “base” or frame. I argue that it has ignored basic calls for social justice. As shown here, how gendered demands are satisfied depends on whether basic demands for food and shelter have even been …

A Brief Critique Of The Emaciated State And Its Reliance On Non-Governmental Organizations To Provide Social Services, Dana Neacsu

Law Faculty Publications

When, in January 2006, seven-year-old Nixzmary Brown was tortured and beaten to death, allegedly by her stepfather as her mother ignored her cries for help, every New Yorker looked at the city's Administration for Children's Services for answers. Conversely, I do not recall any discussion about the failure of charities to adequately provide for the city's abused children. Charities, like non-governmental organizations (NGOs), are not expected to be responsible for systemic problems. They are a moral and social bonus, which fill the gap in discrete areas where taxpayers' money is not sufficient. So I may be accused of having a …

The Lawyer-Advocate Vs. The Poet-Advocate, Tom Corbett

Law Faculty Publications

No abstract provided.

The Political Value Of Knowledge And The Elite Schools' Curricula: To Ignore Or Not To Ignore Marxism?, Dana Neacsu

Law Faculty Publications

This article focuses on the content of elite law schools' curricula. Like all such debates, this one also reflects the author's political and social concerns, which at this time are questioning the impact such curricula have on the graduates' abilities to deliberate "upon the full range of issues which might appear directly or indirectly on a less impoverished [contemporary] political agenda." Elite law schools, which are usually associated with elite universities, are expected to offer liberal legal education. Elite law schools are the fountain of legal scholarship. They are also the place where many of this nation's leaders acquire both …

Romania, Bulgaria, The United States And The European Union: The Rules Of Empowerment At The Outskirts Of Europe, Dana Neacsu

Law Faculty Publications

After the collapse of the Soviet Union, the United States came to Eastern Europe spreading the gospel of democracy and the American Rule of Law. In addition to encouraging Western ideology, the United States was there to forge new economic relationships and, following the terrorist attacks of September 11, 2001, to accelerate the creation of military alliances through membership in the North Atlantic Treaty Organization (NATO) and the newly-formed "coalition of the willing." Romania and Bulgaria, among other former Soviet satellites, welcomed the invitation. Romania and Bulgaria are small countries which share similar economic pressures as they attempt to emerge …

Advocacy As History? That Takes The Prize! Gulag: A History [Book Review], Dana Neacsu

Law Faculty Publications

Gulag: A History, the recipient of the 2004 Pulitzer Prize for general non-fiction, may be particularly well received by lawyers and law students because they can appreciate author Anne Applebaum's writing skills. Gulag reads like a lawyer's product: a conclusion replete with facts and arguments. Those who enjoy perfecting their legal skills while reading for pleasure should read this review. Gulag is, in essence, a successful legal brief.

Tempest In A Teacup Or The Mystique Of Sexual Legal Discourse, Dana Neacsu

Law Faculty Publications

This article is about sex; but not about sex meaning gender, an adjective, or “that thing we are.” It is about sexual behavior. It is, in Professor Franke's words, about sex as verb--“that thing we do”--or, to quote Judge Posner, it is about that “quintessential private activity [of] our culture.” However, it does not focus on sex as “the ultimate animal necessity.” That would be the realm of today's talk shows headed by Jerry Springer and his ilk. Instead, it focuses on the pervasiveness of sexual discourse in the legal realm and tries to explain the reason behind it. This …

Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael H. Davis, Dana Neacsu

Law Faculty Publications

In this article, we observe the legalized character of the phenomenon popularly called "globalization." We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …

Cls Stands For Critical Legal Studies, If Anyone Remembers, Dana Neacsu

Law Faculty Publications

Critical Legal Studies (“CLS”), which started as a Left movement within legal academia, has undergone so many changes, that one may liken it to products of pop culture, such as the television cartoon show, South Park. South Park features a character named Kenny, totally unlike any other cartoon hero, tragic or otherwise. Like Kenny, who is an outsider and who speaks a language unintelligible to all except, astonishingly, his classmates, CLS no longer seems to possess a voice comprehensible to anyone outside its own small circle. Kenny, unlike all other cartoon figures, dies in every episode. Significantly, often Kenny's death …

Immigration And Nationality, Robert Charles Hill, Dana Neacsu

Law Faculty Publications

During the year 2000, there were significant developments in immigration law and policy with respect to employment-based immigration, family visas, asylum regulations and jurisprudence, refugee admissions, Temporary Protection Status (TPS) designations, and the implementation of the United Nations Torture Convention.

The net effect of changes in employment-based immigration was a gain to both the business community and to immigrants under most categories. There was a virtual unanimous consent among lawmakers to increase the number of temporary H-1B specialty workers in the United States and to ameliorate some of the unintended consequences of previous legislation such as the Illegal Immigration Reform …

Concert Of Action By Substantial Assistance: What Ever Happened To Unconscious Aiding And Abetting, Dana Neacsu

Law Faculty Publications

As one commentator has uncomfortably noted, in the 1980's, courts seemed inclined to develop and use theories of liability, which ensured that the risk of injury and loss was transferred from consumer victims to manufacturers and then, through the price mechanism, to the community-at-large. That was a time when courts seemed to be comfortable applying product liability without fault, and holding manufacturers as "insurers even for those products, which previously would not have been considered 'defective' in design, in manufacture, or in marketing." Since then, courts have scaled the doctrine back.

Copyright Law Tackles Yet Another Challenge: The Electronic Frontier Of The World Wide Web, April Mara Barton

Law Faculty Publications

The Internet has seen an explosion of popularity over the past few years. Government workers and university scholars of yesterday's Internet must now share today's Information Superhighway with big business, commercial industry, and hundreds of thousands of recreational users. With the growing popularity of the Internet, incidents of online fraud, theft, piracy, and infringement have grown correspondingly.

Internet Red Light Districts? Domain Name Proposal For Regulatory Zoning Of Obscene Content, April Mara Barton

Law Faculty Publications

The Internet has a relatively short, yet rich history of free speech and independence from governance. While this independence is an important part of the Internet's past, it has become increasingly clear that the Internet must somehow be regulated in order to ensure stability to the Internet community and viability as a communications medium. Without regulation the Internet will eventually nullify its own legitimacy as an effective and reputable mode of communication. It is this negative effect which serves as the impetus for Internet governance that is proposed in this article.

An Eco-Esc Pendulum Of Copyright: A Deconstructive Perspective Of The Copyright/Authorship System, Dana Neacsu

Law Faculty Publications

The thesis of this paper is neither new, nor subtle. It has, in fact, been a recurrent theme in many writings concerned with the interests in copyright and their effects in the present world. My LLM student concern was with the perversion of domestic copyright provisions from an incentive for learning and progress - within whatever limits that goal was fairly found in the statute and case decisions - into an insurmountable international obstacle to learning and education. Unfortunately, this 1993/4 LLM thesis remains as actual today as it was then.

La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu

Law Faculty Publications

As a panel member, Constitutional Law Study and Research Group, University of Aix-Marseille III, France this Paper covered the early jurisprudence of the Romanian Constitutional Court (September 1993) (in French)

The Economics And Constitutionality Of Pennsylvania's Third Generation Of Anti-Takeover Legislation [Note], Richard C. Gaffney

Law Faculty Publications

No abstract provided.