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- Seattle University Law Review (18)
- Dignity: A Journal of Analysis of Exploitation and Violence (9)
- Ethnic Studies Review (7)
- Explorations in Ethnic Studies (3)
- The Goose (2)
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- The Macalester Review (2)
- Animal Studies Journal (1)
- Comparative Civilizations Review (1)
- Criterion: A Journal of Literary Criticism (1)
- Educational Considerations (1)
- IUSTITIA (1)
- International Journal on Responsibility (1)
- Proceedings of the New York State Communication Association (1)
- Public Land & Resources Law Review (1)
Articles 1 - 30 of 49
Full-Text Articles in Social and Behavioral Sciences
Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun
Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun
International Journal on Responsibility
As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …
Book Review: Katell Berthelot. Jews And Their Roman Rivals: Pagan Rome’S Challenge To Israel, Joseph Drew
Book Review: Katell Berthelot. Jews And Their Roman Rivals: Pagan Rome’S Challenge To Israel, Joseph Drew
Comparative Civilizations Review
This is a magisterial work, one which sets high the bar in the comparative study of civilizations. In it, Prof. Katell Berthelot covers the sweep of 600 years, from the second century, BCE, to the fourth century, CE, as she analyzes the extensive impact of Rome on Jewish ideas of law, religion, and peoplehood and, secondarily, the corresponding impact of their rivals, the Jews, on Roman society and history.
Can Animals Contract?, John Enman-Beech
Can Animals Contract?, John Enman-Beech
Animal Studies Journal
Animals are, or are like persons, and so should not be treated as mere property. But persons are not just non-property; they are contractors. They interact with property and with other persons. This article analyses the possibilities for a range of animals to fit within market liberal society as contractors from a legal disciplinary perspective. Some animals are capable of contract-like relationships of reciprocal exchange, and can consent, in a certain sense, to parts of such relationships. However, the dangers of the contractual frame, which is used to legitimate exploitation, may exceed the benefits. Some scholars have begun to explore …
Acid Attacks: An Overview Of Legal Measures And Motivation Trends In India, Pakistan, Bangladesh, Colombia, And Cambodia, Gaia Calcini
Acid Attacks: An Overview Of Legal Measures And Motivation Trends In India, Pakistan, Bangladesh, Colombia, And Cambodia, Gaia Calcini
Dignity: A Journal of Analysis of Exploitation and Violence
Vitriolage is a form of widespread violence around the world. This research analyzed legislative measures against the practice adopted by India, Bangladesh, Pakistan, Colombia, and Cambodia. The strengths and weaknesses of the different legal systems were examined. Motivational trends on why the violence was committed were reviewed in the literature in these countries. It was found that acid attacks are a form of gender-based violence. Countries where the measures were adopted to prevent attacks but failed to achieve the goal did not consider the attacks as a part of a broader problem. The only country that seems to have achieved …
The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa
The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa
Dignity: A Journal of Analysis of Exploitation and Violence
This article reviews the goals, history, and impact of the new gender identity politics. Based on the Yogyakarta Principles, these new ideas and policies will profoundly affect the rights of women and girls worldwide. The Principles are a document from an international meeting about sexual orientation and gender identity in 2006. In 2017, the document was updated to the Yogyakarta Principles Plus 10. The Principles recommend legal changes by states worldwide, resulting in the erasure of sex as a legal and cultural category. These principles have been widely used to lobby for legal changes resulting in profound structural …
College Access For Undocumented Students And Law, Jessica C. Enyioha
College Access For Undocumented Students And Law, Jessica C. Enyioha
Educational Considerations
There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper, undocumented students’ access to postsecondary education in the US is examined: laws that affect their access to postsecondary education, previous cases on access to education for undocumented students, and the difficulties undocumented students often encounter when pursuing postsecondary education are discussed and analyzed. Best practices …
Brackeen V. Zinke, Bradley E. Tinker
Brackeen V. Zinke, Bradley E. Tinker
Public Land & Resources Law Review
In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …
Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus
Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus
Dignity: A Journal of Analysis of Exploitation and Violence
This article, co-authored by a six-year survivor of the sex trade industry in Germany (Sandra Norak) and a psychologist and trauma therapist (Ingeborg Kraus), provides perspectives on the difficulty of withstanding the coercion of traffickers and the difficulties of exiting prostitution in a country in which prostitution has been legalized, normalized and made “a job like any other.” This normalization persuades survivors to believe their traffickers that it is a legitimate occupation and encourages them to endure the violence. Liberalization also has prevented the development of needed trauma services to those seeking to exit the sex trade industry.
Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin
Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin
Criterion: A Journal of Literary Criticism
Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black America. …
Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum
Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum
The Goose
Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
Dignity: A Journal of Analysis of Exploitation and Violence
This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …
The History And Rationale Of Swedish Prostitution Policies, Sven-Axel Månsson
The History And Rationale Of Swedish Prostitution Policies, Sven-Axel Månsson
Dignity: A Journal of Analysis of Exploitation and Violence
This article analyses the history and rationale behind “the Swedish model” of regulating prostitution. The most controversial and debated part of this model is the 1999 ban on purchases of sexual services. To be fully understood the ban and the comprehensive policy regime of which it is a part, the new model has to be placed within a broader framework of policy areas such as gender, sexuality, and social welfare. Thus, the contemporary policy regime will be traced back to the mid-1970s when gender norms and sexual mores were renegotiated in Sweden, which in turn led to a radical reconsideration …
The First Special Issue Of Dignity, Donna M. Hughes
The First Special Issue Of Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Book Review Essay: Pimp State: Sex, Money, And Equality By Kat Banyard, Christopher Adam Bagley
Book Review Essay: Pimp State: Sex, Money, And Equality By Kat Banyard, Christopher Adam Bagley
Dignity: A Journal of Analysis of Exploitation and Violence
In this strongly recommended book, Banyard effectively demolishes six myths which defenders of unregulated commercial sexual exploitation of girls and women offer: 1) “Demand for sex work is inevitable; 2) Being paid for sex is regular service work; 3) Porn is fantasy; 4) Objecting to the sex trade makes you a pearl-clutching, sexually conservative prude; 5) Decriminalizing the entire prostitution trade makes women safe; and 6) Resistance is futile.” I add to Banyard’s analysis my views on the following topics: 1) the sexual exploitation of minors as an essential part of the commercial sex industry; 2) recent Canadian experience in …
Literary Land Claims: The “Indian Land Question” From Pontiac’S War To Attawapiskat By Margery Fee, Cheryl Lousley
Literary Land Claims: The “Indian Land Question” From Pontiac’S War To Attawapiskat By Margery Fee, Cheryl Lousley
The Goose
Review of Margery Fee's Literary Land Claims: The “Indian Land Question” from Pontiac’s War to Attawapiskat.
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Proceedings of the New York State Communication Association
This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …
The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer
The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer
The Macalester Review
Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …
The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer
The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer
The Macalester Review
Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …
Citizenship And Belonging: The Case Of The Italian Vote Abroad, David Aliano
Citizenship And Belonging: The Case Of The Italian Vote Abroad, David Aliano
Ethnic Studies Review
The ease in which people are able to travel and communicate with one another across national boundaries is challenging the way in which we identify ourselves and define our place in the world. In an increasingly globalized world the very concept of a national identity is itself being redefined as multiple identities and dual citizenships have become more common than ever. This process of global interconnectedness has progressed so rapidly in the past few years that many are beginning to question how we define national models. The European Union, NAFTA, MERCOSUR, multi-national corporate affiliations, and virtual communities over the internet …
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Seattle University Law Review
On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”
Opening Remarks, Chancellor William B. Chandler Iii
Opening Remarks, Chancellor William B. Chandler Iii
Seattle University Law Review
Law is, in many ways, a backwards-looking field. We litigate over facts that have already occurred, challenge deals that have already been signed, and apply rules of decision based on previously-established precedent or statutes already enacted. To the extent that this Center and the symposium reflect on Berle’s work, they too are an exercise in looking back. Indeed, some might say the establishment of a Center named in Berle’s honor is a monument to the past.
Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch
Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch
Seattle University Law Review
The Modern Corporation & Private Property is a paradigm-shifting analysis of the modern corporation. The book is perhaps best known for the insights of Berle and Means about the separation of ownership from control and the consequences of that separation for the allocation of power within the corporation. The Berle and Means story focuses on the shareholder as the owner of the corporation. Berle and Means saw the mechanism of centralized management—in which the shareholder retains the economic interest but not the control rights associated with ownership—as threatening the conception of shareholder interests in terms of property rights. In particular, …
Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii
Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii
Seattle University Law Review
In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …
The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman
The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman
Seattle University Law Review
Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or …
Berle And The Entrepreneur, Charles R.T. O'Kelley
Berle And The Entrepreneur, Charles R.T. O'Kelley
Seattle University Law Review
In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Seattle University Law Review
Adolf Berle and Gardiner Means painted what remains a defining portrait of corporate law. The separation of ownership and control they described and the agency costs it causes are still a central concern of the law of corporate governance. For that reason, Berle’s work is relevant nearly eighty years after its publication. Seemingly forgotten, however, is that Berle’s enduring description of the corporate structure was published before most of today’s corporate law was in place. His work preceded the Securities Act of 1933 and the Securities Exchange Act of 1934 and even preceded the dominance of Delaware common law in …
Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda
Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda
Seattle University Law Review
Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an independent chair or a …
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Seattle University Law Review
We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.