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Articles 1 - 30 of 1973

Full-Text Articles in Law

Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare Oct 2018

Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare

History and Social Sciences Faculty Journal Articles

While international law recognizes a human right to science, the binding normative content of this right needs to be better clarified and specified. To advance our understanding of this understudied right, this chapter offers a theoretical analysis of ways in which the right to science can be realized. The chapter is divided in three sections: the first section discusses the recognition of the right to science under international and regional legal instruments; the second presents a literature review; and the third discusses how judicial and political mobilisation as paths to contribute to our understating of this right and defining its ...


Drones And The Decolonization Of International Law, Markus Gunneflo Sep 2018

Drones And The Decolonization Of International Law, Markus Gunneflo

Markus Gunneflo

Drone strikes and targeted killing operations are generally the most ubiquitous aspect of 21st Century Western counterinsurgency and counterterrorism policy, affecting countries in the Middle East and other parts of the decolonized world. 

Debates around such conduct often pivot on questions of legality. In the talk I gave at the Middle East Institute in April this year, I provided a longer than usual historical perspective on such debates. The aim was to highlight the deficiencies, or, better, dangers of the current debate, by comparing it with the international law discussions around such conduct from another era. 

Two cases were placed ...


Justice Kennedy, The Supreme Court, And The Christian's Role, Mark Caleb Smith Aug 2018

Justice Kennedy, The Supreme Court, And The Christian's Role, Mark Caleb Smith

Mark Caleb Smith, Ph.D.

No abstract provided.


Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly Jun 2018

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.


Hearing The States, Anthony Johnstone May 2018

Hearing The States, Anthony Johnstone

Pepperdine Law Review

The 2016 Presidential and Senate elections raise the possibility that a conservative, life-tenured Supreme Court will preside for years over a politically dynamic majority. This threatens to weaken the public’s already fragile confidence in the Court. By lowering the political stakes of both national elections and its own decisions, federalism may enable the Court to defuse some of the most explosive controversies it hears. Federalism offers a second-best solution, even if neither conservatives nor liberals can impose a national political agenda. However, principled federalism arguments are tricky. They are structural, more prudential than legal or empirical. Regardless of ideology ...


What Are The Judiciary’S Politics?, Michael W. Mcconnell May 2018

What Are The Judiciary’S Politics?, Michael W. Mcconnell

Pepperdine Law Review

What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the ...


The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis May 2018

The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis

Publications & Research

Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


The Power To Exclude And The Power To Expel, Donald J. Smythe Apr 2018

The Power To Exclude And The Power To Expel, Donald J. Smythe

Cleveland State Law Review

Property laws have far-reaching implications for the way people live and for the opportunities they and their children will have. They also have important consequences for property developers and businesses, both large and small. It is not surprising, therefore, that modern developments in property law have been so strongly influenced by political pressures. Unfortunately, those with the most economic resources and political power have had the most telling influences on the development of property laws in the United States during the twentieth century. This Article introduces a simple game—the "Not-In-My-Backyard Game"—to illustrate the motivations of various parties with ...


Forward, Jennifer D. Oliva Apr 2018

Forward, Jennifer D. Oliva

West Virginia Law Review

No abstract provided.


Unified In Dignified Appalachian Pride, Aaron Ferrari, Will Rhee Apr 2018

Unified In Dignified Appalachian Pride, Aaron Ferrari, Will Rhee

West Virginia Law Review

No abstract provided.


Nothing New Under The Sun: The Law-Politics Dynamic In Supreme Court Decision Making, Stephen M. Feldman Mar 2018

Nothing New Under The Sun: The Law-Politics Dynamic In Supreme Court Decision Making, Stephen M. Feldman

Pepperdine Law Review

Recent events have seemed to inject politics into American judicial institutions. As a result, many observers worry that the Supreme Court, in particular, has become politicized. According to this view, the Justices should decide cases in accordance with the rule of law and be unmoved by political concerns. These worries arise from a mistaken assumption: that law and politics can be separate and independent in the process of judicial decision making. But at the Supreme Court (as well as in the lower courts, for that matter), decision making arises from a law-politics dynamic. Adjudication in accord with a pure rule ...


How The Russian Doping Scandal Caused A War Between World Sporting Authorities, Robert Blecker Jan 2018

How The Russian Doping Scandal Caused A War Between World Sporting Authorities, Robert Blecker

Other Publications

No abstract provided.


The Power To Exclude And The Power To Expel, Donald J. Smythe Jan 2018

The Power To Exclude And The Power To Expel, Donald J. Smythe

Faculty Scholarship

Property laws have far-reaching implications for the way people live and the opportunities they and their children will have. They also have important consequences for property developers and businesses, both large and small. It is not surprising, therefore, that modern developments in property law have been so strongly influenced by political pressures. Unfortunately, those with the most economic resources and political power have had the most telling influences on the way property laws have developed in the United States during the twentieth century. This article introduces a normal form game – I call it the “Not-In-My-Backyard Game” – to illustrate the motivations ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin Jan 2018

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


The Ecology Of Transparency Reloaded, Seth F. Kreimer Jan 2018

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship at Penn Law

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson Jan 2018

Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?

The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a ...


When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt Jan 2018

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and ...


Battleground Texas: Gendered Media Framing Of The 2014 Texas Gubernatorial Race, Susan E. Waters, Elizabeth A. Dudash-Buskirk, Rachel M. Pipan Jan 2018

Battleground Texas: Gendered Media Framing Of The 2014 Texas Gubernatorial Race, Susan E. Waters, Elizabeth A. Dudash-Buskirk, Rachel M. Pipan

Journal of Feminist Scholarship

Feminist political theory is a sprawling theoretical field that intertwines sociological and philosophical perspectives and applies them to the study of campaigns, policy, voting, and the general structure of what Americans call politics. In Western democratic republics, the concept of participation has been hotly debated, specifically with regard to voting. Applying the critical lens of an intersectional feminist perspective introduces questions about the participation of different genders, races, classes, and cultural groups in political action, voting, and running for office. Before equal representation can be attained (if that is, indeed, desirable), it is important to understand how our politics are ...


Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda Oct 2017

Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda

Journal Articles

In the midst of the post-2016 political crisis, our role as academics is that of First Responders. In physical crises, like a fire, First Responders play an important role. They intentionally put themselves in harm’s way to fulfill an overarching purpose of helping others, even at their own risk. They strategically prepare, train, and work for years to prepare for this role in the midst of crisis. As academics who care about equality, we are First Responders.


Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli Oct 2017

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the ...


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel Oct 2017

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel Oct 2017

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


Trending @ Rwu Law: Michael Bowden's Post: How Law School Gives Politicians A "Running Start" 09-08-2017, Michael Bowden Sep 2017

Trending @ Rwu Law: Michael Bowden's Post: How Law School Gives Politicians A "Running Start" 09-08-2017, Michael Bowden

Law School Blogs

No abstract provided.


Creating Single-Member House Districts In West Virginia, Charles R. Russell Sep 2017

Creating Single-Member House Districts In West Virginia, Charles R. Russell

West Virginia Law Review

No abstract provided.


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson Aug 2017

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg Aug 2017

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


White Privilege In The Criminal Justice System: Examining The Shift In Media Approach To The War On Drugs, Chanell M. Fitch Jul 2017

White Privilege In The Criminal Justice System: Examining The Shift In Media Approach To The War On Drugs, Chanell M. Fitch

Electronic Theses & Dissertations Collection for Atlanta University & Clark Atlanta University

This study examines how the media has been used to perpetuate White privilege in the criminal justice system. The paper explores the shift in the media’s approach to drug epidemics depending on the demographic of drug users and how that shift in media influences the implementation of public policies. A policy analysis was used to examine the Anti-Drug Abuse Act of 1986 and the Comprehensive Addiction and Recovery Act of 2016 in order to understand the different approaches taken by politicians and how these approaches are reflective of biased media coverage. Based on this analysis, it is evident in ...


Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher Jul 2017

Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher

University of Arkansas at Little Rock Law Review

No abstract provided.


Talking Politics With Senator Clair Mccaskill, Office Of The Dean, Student Bar Association (Sba) Apr 2017

Talking Politics With Senator Clair Mccaskill, Office Of The Dean, Student Bar Association (Sba)

Flyers 2016-2017

No abstract provided.