Masthead, 2018 University of Pennsylvania Carey Law School
Masthead
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Stay Put And The Individuals With Disabilities Education Act: A Proposal For Clarity And Change, 2018 University of Pennsylvania Carey Law School
Stay Put And The Individuals With Disabilities Education Act: A Proposal For Clarity And Change, Blakely Evanthia Simoneau
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The "Holy Trinity" Of The United Nations Universal Periodic Review: How To Make An Effective Recommendation Regarding Women's Rights, 2018 University of Pennsylvania Carey Law School
The "Holy Trinity" Of The United Nations Universal Periodic Review: How To Make An Effective Recommendation Regarding Women's Rights, Sarah Tufano
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Crafting Complaints And Settlements In Child Welfare Litigation, 2018 University of Pennsylvania Carey Law School
Crafting Complaints And Settlements In Child Welfare Litigation, Zach Strassburger
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Neighborhood Upzoning And Racial Displacement: A Potential Target For Disparate Impact Litigation?, 2018 University of Pennsylvania Carey Law School
Neighborhood Upzoning And Racial Displacement: A Potential Target For Disparate Impact Litigation?, Bradley Pough
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Typhoid Mario: Video Game Piracy As Viral Vector And National Security Threat, 2018 Monash University
Typhoid Mario: Video Game Piracy As Viral Vector And National Security Threat, Andrew V. Moshirnia
Indiana Law Journal
Current academic and policy discussions regarding video game piracy focus on the economic losses inherent to copyright infringement. Unfortunately, this approach neglects the most significant implication of video game piracy: malware distribution. Copyright-motivated efforts to shut down file-sharing sites do little to reduce piracy and actually increase viral malware infection. Pirated video games are an ideal delivery device for malware, as users routinely launch unverified programs and forego virus detection. The illicit nature of the transaction forces users to rely almost entirely on the reputation of websites, uploaders, and other users to determine if a file is safe to download. …
Deconstructing Re-Entry: Idenitfying Issues, Best Practices, And Solutions, 2018 University of Pennsylvania Carey Law School
Deconstructing Re-Entry: Idenitfying Issues, Best Practices, And Solutions, Jamil A. Favors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Right To Die In The United States, Canada, And China: Legal Fictions And Their Utility In A Comparative Perspective, 2018 University of Pennsylvania Carey Law School
The Right To Die In The United States, Canada, And China: Legal Fictions And Their Utility In A Comparative Perspective, Konstantin Tretyakov
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
A Way Out Of The "Rotten Social Background" Stalemate: "Scarcity" And Stephen Morse's Proposed Generic Partial Excuse, 2018 University of Pennsylvania Carey Law School
A Way Out Of The "Rotten Social Background" Stalemate: "Scarcity" And Stephen Morse's Proposed Generic Partial Excuse, Elisabeth Winston Lambert
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Localism, Labels And Animal Welfare, 2018 Florida State University College of Law
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Scholarly Publications
The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …
Writer Re-Written: What Really (Might Have) Happened To Atticus And Scout, 2018 Florida State University College of Law
Writer Re-Written: What Really (Might Have) Happened To Atticus And Scout, Rob Atkinson
Scholarly Publications
No abstract provided.
After Sex, 2018 Florida State University College of Law
How Investors Can (And Can't) Create Social Value, 2018 Stanford Law School
How Investors Can (And Can't) Create Social Value, Paul Brest, Ronald J. Gilson, Mark A. Wolfson
Faculty Scholarship
Most investors throughout the world have a single goal: to earn the highest risk- adjusted financial returns. They would not accept a lower financial return from an investment that also produced social benefits.
More recently, an increasing number of socially-motivated investors have goals beyond maximizing returns. They also seek to align their investments with their social values (value alignment), and some also seek to cause the companies in which they invest to create more social value as a result of their investment (social value creation). We show in this essay that while it is relatively easy to achieve value alignment, …
The Gdpr’S Version Of Algorithmic Accountability, 2018 University of Colorado Law School
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
Publications
No abstract provided.
The Ecology Of Transparency Reloaded, 2018 University of Pennsylvania Carey Law School
The Ecology Of Transparency Reloaded, Seth F. Kreimer
All Faculty Scholarship
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 that the …
Public Defense Litigation: An Overview, 2018 Georgia State University College of Law
Public Defense Litigation: An Overview, Lauren Sudeall Lucas
Faculty Publications By Year
No abstract provided.
Substantive Due Process And The Politicization Of The Supreme Court, 2018 Claremont Colleges
Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman
CMC Senior Theses
Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.
This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping …
Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum
Scholarly Works
Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and correlate with poor academic achievement, high drop-out rates, disaffection and alienation, and greater contact with the criminal justice system, a phenomenon christened the "School-to-Prison Pipeline."
A promising replacement for this punitive disciplinary regime derives from restorative justice theory and, using a variety of different legal interventions, reform advocates and lawmakers have tried to institute …
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Scholarly Works
In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.
The Masculinity Motivation, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Masculinity Motivation, Ann C. Mcginley
Scholarly Works
In this essay, Professor Ann McGinley explores a phenomenon she coins the Masculinity Motivation. Society and courts ignore that harassing behaviors and the motives behind them are nearly identical in schools and workplaces. Moreover, the motives driving same-sex harassment are often the same as those causing sex-based harassment of women and girls. These motives include proving the perpetrators' and their group's masculinity, punishing those who do not adhere to gender expectations, and upholding conventional gender norms. Professor McGinley advocates for courts to broadly define "because of sex" under Titles VII and IX by clarifying that harassment motivated to denigrate the …