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Struggles Over Universal Human Rights, Brian K. Gran

Societies Without Borders

No abstract provided.

Mmu: 11/12/18 - 11/18/18, Notre Dame Law School

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Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...

Demanding Accountability In Domestic Violence Courts, Johnna Pike

Violence Against Women conference

This presentation explores whether specialized domestic violence courts are achieving their stated objective of abuser accountability. Domestic violence emerged from the private realm of family life into the public consciousness during the 1970s. Since then, there has been a largely successful movement to reframe domestic violence as a “real” social problem necessitating meaningful criminal justice intervention. Within the criminal justice system, victim and feminist groups have mostly prevailed in controlling the discourse around domestic violence as a gender-based offense. As a result, a criminal court model aimed at empowering victims and at holding abusers accountable has emerged. However, the efficacy ...

Book Review: Dershowitz On Presidential Impeachment: An Analysis Of The Case Against Impeaching Trump, Michael Conklin

ConLawNOW

This is a review of Alan Dershowitz’s 2018 book, The Case Against Impeaching Trump. Because the Constitution provides little guidance on presidential impeachment, the issue is often interpreted based on political party affiliation. Dershowitz, a strong Hillary Clinton supporter, provides a neutral examination of the issue. This review contains analysis of the current state of impeachment efforts, Dershowitz’s arguments against impeachment, and a critique of his proposed “shoe on the other foot” test.

Lockett Symposium: Recollections On The Lockett Case In The U.S. Supreme Court, Joel Berger

ConLawNOW

Recollections of an NAACP Legal Defense Fund attorney who worked with Professor Amsterdam on the Lockett case.

Lockett Symposium: Lockett As It Was, Is Now, And Ever Shall Should Be, Karen A. Steele

ConLawNOW

Lockett made clear what was constitutionally unacceptable in capital sentencing statutes (limiting the range of mitigating factors to be considered) while affirmatively heralding the significance and breadth of mitigating factors unique to the defendant that must be affirmatively and independently considered by jurors, courts and counsel; the inverse correlation between mitigating factors and disproportionate sentencing; and the interrelationship between mitigating factors and narrowing—all in an effort to provide a “meaningful basis for distinguishing the few cases in which the death penalty is imposed from the many cases in which it is not.” The threatened and actual use of “double-edged ...

Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj

Violence Against Women conference

Documentation of life under militarization has mostly been done by “men writing about men.” The need to have a gendered perspective of conflict and war was only recently introduced in the academic discourse after the collective violence against the women of Bosnia and Rwanda in the 1990s was given the attention it deserved by the international media. In Kashmir, women are subjected to violence through physical, sexual, and mental harassments. The very nature of the conflict has pushed Kashmiri women to the wall, putting the burden of violence on their shoulders. Women face physical and sexual assault at checkpoints, during ...

Is Cost-Benefit Analysis The Only Game In Town?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

Standards which prescribe more than efficient precaution against physical harm and health injury are commonplace in American environmental, health and safety regulation. The safe level standard, for example, requires the elimination of all significant risks. The feasibility standard requires the elimination of significant risks to the extent insofar as it is possible to do so without impairing the long run survival of the activities which give rise to the risks. These standards reach back more than a generation to the founding of the EPA and OSHA. You might think that they are too well-entrenched in American law to be subject ...

Contracts That Impede Entry By More Efficient Telecommunications Rivals, Stanley M. Besen, Bridger M. Mitchell

Minnesota Journal of Law, Science & Technology

No abstract provided.

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to ...

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

Tennessee Journal of Law and Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the “worst of the bad”? To answer these questions, we surveyed all of Tennessee’s first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee’s scheme was designed in response to the U.S. Supreme Court’s decision in Furman v. Georgia, which held ...

Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne

Tennessee Journal of Law and Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. National Resource Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction to issue.[1] A movant seeking a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant’s favor; and ...

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran

Tennessee Journal of Law and Policy

No abstract provided.

Volume 13, Issue 1 (Summer 2018), Tennessee Journal Of Law & Policy N/A

Tennessee Journal of Law and Policy

No abstract provided.

What Can Traditional Indigenous Knowledge Teach Us About Changing Our Approach To Human Activity And Environmental Stewardship In Order To Reduce The Severity Of Climate Change?, John G. Hansen, Rose Antsanen

The International Indigenous Policy Journal

Many Indigenous communities living on traditional lands have not contributed significantly to harmful climate change. Yet, they are the most likely to be impacted by climate change. This article discusses environmental stewardship in relation to Indigenous experiences and worldviews. Indigenous knowledge teaches us about environmental stewardship. It speaks of reducing the severity of climate change and of continued sustainable development. The methodology that directs this research is premised on the notion that the wisdom of the Elders holds much significance for addressing the harmful impacts of climate change in the present day. This article's fundamental assumption is that Indigenous ...

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.

Enhancing Your Intelligence Agency Information Resource Iq: Pt. 4: National Geospatial Intelligence Agency (Ngia), National Intelligence University (Niu), And National Reconnaissance Office (Nro), Bert Chapman

Libraries Faculty and Staff Presentations

Webinar presentation on publicly accessible information resources produced by the U.S. National Geospatial Intelligence Agency (NGIA), National Intelligence University (NIU), and National Reconnaissance Office. Places significant emphasis on missions of these agencies, their historical accomplishments, coverage of their educational activity, and information on the technologies they have used and are currently using to fulfill their institutional objectives.