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Full-Text Articles in Jurisprudence

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb Dec 2017

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun Jul 2017

Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun

Independent Study Project (ISP) Collection

After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration ...


I Share, Therefore It's Mine, Donald J. Kochan Apr 2017

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards Apr 2017

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards

Indiana Law Journal

This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive ...


Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner Jan 2017

Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner

Washington University Jurisprudence Review

This article examines Justice Antonin Scalia and Bryan Garner’s originalist justification of Brown v. Board of Education in Reading Law, concluding that their analysis is flawed in at least three respects: (1) their interpretation that the texts of the Thirteenth and Fourteenth Amendments prohibited all white-supremacist and separationist laws is atextual, acontextual, and ahistorical; (2) their invocation of Justice Harlan and his Plessy dissent does not support, but actually cuts against their understanding of the original understanding; and (3) relying on a single and critiqued article, with no reference to that criticism, they fail to support their conclusion that ...


Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin Jan 2017

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

Washington University Jurisprudence Review

Although today the very idea of a science of law—the thought that law could be made a science like any other taught and studied at a modern university—has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus ...


The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman Jan 2017

The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman

Washington University Jurisprudence Review

Postmodern jurisprudence was all the rage in the 1990s. Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves—independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article. Then Fish and Schlag turned on each other. Each attacked the other for making the same mistake: harboring a modernist self. I revisit this skirmish for two reasons. First, it helps explain the current moribund state of postmodern jurisprudence. If two of the leading postmodernists could not avoid ...


Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw Jan 2017

Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw

Washington University Jurisprudence Review

This Note traces the subtle changes in the underlying purposes of the Orphan Drug Act, and evaluates those purposes from the perspectives of medical ethics and legal jurisprudence. Part I begins with the history of the Orphan Drug Act discussed issue by issue, to elucidate the subtle changes in the purpose of the Orphan Drug Act through its history. Part II explores the moral and ethical issues presented by the Orphan Drug Act to identify eleven guiding principles from medical ethics and legal jurisprudence. Lastly, Part III applies these guiding principles to the most common proposed amendments to the Orphan ...


Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee Jan 2017

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...


Confucian Jurisprudence, Dworkin, And Hard Cases, Norman P. Ho Jan 2017

Confucian Jurisprudence, Dworkin, And Hard Cases, Norman P. Ho

Washington University Jurisprudence Review

This Article argues that Confucian jurisprudence can accurately be analogized to Dworkin’s adjudicative theory of law, in particular, his interpretive theory of law. To more effectively reveal the methods of Confucian jurisprudence and therefore carry out a comparison with Dworkin’s interpretive theory of law, this article adopts Dworkin’s methodology of focusing on “hard cases.” Specifically, this article identifies and then examines an actual hard case (from Tang dynasty China) which is arguably representative of Confucian jurisprudence in action – the controversial case of Xu Yuanqing, who committed a revenge killing against a low-ranking official who had killed his ...


A Just War Inquiry Of Police, Prosecutors And Deadly Force, Ryan Geisser Jan 2017

A Just War Inquiry Of Police, Prosecutors And Deadly Force, Ryan Geisser

Washington University Jurisprudence Review

Law enforcement is authorized to use deadly force under limited circumstances in the United States. Most do not dispute that there are some clear cases when the use of deadly force is warranted. The more controversial issues arise when attempting to articulate limits on when lethal force is justified. While theorists and academics can contemplate how police officers should act in the abstract, law enforcement does not have the same luxury when they are out on patrol and their lives are in constant jeopardy. The present analysis will attempt to create a clear framework for determining when law enforcement are ...


The Personalization Puzzle, Brittainy Cavender Jan 2017

The Personalization Puzzle, Brittainy Cavender

Washington University Jurisprudence Review

Complex algorithms determine users’ search results and the content of their social media accounts. These algorithms often use machine learning and artificial intelligence, making it impossible to predict their output. Increasingly, these algorithms have been employed to personalize users’ online experiences. Google and Facebook use these algorithms to analyze users’ likes, clicks, search history, location, and other information to determine which articles, websites, and posts to include in search results and newsfeeds. Often users are completely unaware of the algorithms operating beneath the surface, controlling the information they receive. This lack of transparency makes it difficult for users to access ...


Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan Jan 2017

Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan

Washington University Jurisprudence Review

No abstract provided.