Law and Society Commons^™

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

Angela Onwuachi-Willig

No abstract provided.

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15^th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Errol Meidinger

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …

Laws Of Image: Privacy And Publicity In America, Samantha Barbas

Samantha Barbas

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …

Where Do We Go From Here? Charting Perceptions Of The Impact Of The Human Rights City Boston Resolution, Kostas Koutsioumpas, Maggie Schneider, Matthew Annunziato

Biennial Conference: The Social Practice of Human Rights

In 1948, the United Nations adopted the Universal Declaration of Human Rights (UDHR) as a common standard of achievement and called upon every individual and organ of society to promote the rights enshrined in the document. The UDHR has been applied in many ways around the world, including by the international Human Rights Cities movement, which began in Rosario, Argentina, in 1997.

Today more than two dozen Human Rights Cities have formed around the globe, including at least nine in the United States (Washington, DC; Eugene, OR; Pittsburgh, PA; Chapel Hill, NC; Columbus, IN; Jackson, MI; Seattle, WA; Mountain View, …

Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins

Lisa PytlikZillig Publications

Deliberative (and educational) theories typically predict knowledge gains will be enhanced by information structure and discussion. In two studies, we experimentally manipulated key features of deliberative public engagement (information, instructions, and discussion) and measured impacts on cognitive-affective engagement and knowledge about nanotechnology. We also examined the direct and moderating impacts of individual differences in need for cognition and gender. Findings indicated little impact of information (organized by topic or by pro-con relevance). Instructions (prompts to think critically) decreased engagement in Study 1, and increased it in Study 2, but did not impact postknowledge. Group discussion had strong positive benefits for …

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

All Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that …

Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Aaron Edlin

The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.

Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes

St. Mary's Journal on Legal Malpractice & Ethics

In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …

Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp

All Faculty Scholarship

Why would anyone want to use antitrust law as a wealth distribution device when far more explicit statutory tools are available for that purpose? One feature of antitrust is its open-textured, nonspecific statutes that are interpreted by judges. As a result, using antitrust to redistribute wealth may be a way of invoking the judicial process without having to go to Congress or a state legislature that is likely to be unsympathetic. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new …

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers

Dissertations, Theses, and Capstone Projects

The term "hate crime" is new to legislative and public discourse, as well as legal and social science scholarship. A decade after the concept of a "hate crime" was introduced in Congress, the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HCPA), to punish criminal actors who target victims because of their characteristics (race, color ethnicity, sexual orientation, religion, gender, gender identity, or disability). Using relevant archival sources, this project uses genealogical qualitative methods to examine the interplay of cultural elements manifested in this provocative term, which reflect dominance and subjugation among social groups (In- and Out-Groups) …

The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa

Dissertations, Theses, and Capstone Projects

Intense demand for cheap labor in the United States has resulted in a widespread effect of employing high skilled immigrants in STEM fields. Examining how companies use high-skilled visa categories to create a flexible cheaper immigrant workforce, this paper demonstrates that skilled immigrants from Asia are being exploited through neutral skills-based criteria that are de facto racially biased. The purpose of this paper is to raise awareness of how, from the perspective of law and society, skills-based immigration works primarily to benefit the technological industry rather than skilled immigrants.

Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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

All Faculty Scholarship

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 …

Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

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. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are …

The Tax Treatment Of Tokens: What Does It Betoken?, David J. Shakow

All Faculty Scholarship

Digital tokens have been used to raise substantial amounts of money. But little attention has been paid to the tax consequences surrounding their issuance and sale. There are significant potential tax liabilities lurking in the use of digital tokens. But, because of the anonymity inherent in the blockchain structures used for the issuance of tokens and payments for them, there is a significant question as to whether those tax liabilities will ever be collected.

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

Arbitration Law Review

No abstract provided.

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review

No abstract provided.

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or …

Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist

Buffalo Law Review

No abstract provided.

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between home selling …

The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman

All Faculty Scholarship

When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database …

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

All Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process, commissioning the authors …