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Liberty, Robert C. Brown 2017 Indiana University School of Law

Liberty, Robert C. Brown

Robert C. Brown

No abstract provided.


Arguing With Friends, William Baude, Ryan D. Doerfler 2017 University of Chicago

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...


Grassroots Diplomacy And Vernacular Law: The Discourse Of Food Sovereignty In Maine, John Welton 2017 University of Maine-Orono

Grassroots Diplomacy And Vernacular Law: The Discourse Of Food Sovereignty In Maine, John Welton

Electronic Theses and Dissertations

This thesis studies the discourse of food sovereignty in Maine, a coalition of small-scale farmers, consumers, and citizens building an alternative food system based on a distributed form of production, processing, selling, purchasing, and consumption. This distribution occurs at the municipal level through the enactment of ordinances. Using critical-rhetorical field methods, I argue that the discourse of food sovereignty in Maine develops a ‘constitutive’ rhetoric that composes rural society through affective relationships. Advocates engage the industrial food system to both expose its systemic bias against small-scale farming and construct their own discourse of belonging. Based upon agrarian values such as ...


I Share, Therefore It's Mine, Donald J. Kochan 2017 Chapman University School of Law

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 ...


Airpower As A Part Of American Foreign Policy: The Importance Of Military Strategy, Domenic J. Quade Mr. 2017 Trinity College, Hartford Connecticut

Airpower As A Part Of American Foreign Policy: The Importance Of Military Strategy, Domenic J. Quade Mr.

Senior Theses and Projects

Airpower has a seductive nature to it. Technology promises to be able to destroy or seriously damage an enemy military’s capabilities without serious risk to American forces. Moreover, these knights of the sky have an aura of power with the ability to destroy important pieces of military equipment or infrastructure. Airpower may seem like a niche topic of international relations or American foreign policy, but it represents the opening move of war. Gaining air superiority is the first step in any American engagement as it allows the rest of American military might to be brought to bear. It is ...


The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke 2017 The Graduate Center, City University of New York

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights ...


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar 2017 The Graduate Center, City University of New York

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner 2017 University of Houston Law Center

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 2017 Harvard Law School

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 ...


Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee 2017 Washington University School of Law

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 ...


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

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 ...


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

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 ...


A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen 2017 Scripps College

A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen

Scripps Senior Theses

The cultural defense is an informal term that describes the use of cultural information to mitigate criminal responsibility, often used in conjunction with traditional defense strategies such as provocation or insanity. Arguments for the cultural defense include respecting cultural practices under the liberal narrative that frames the United States as a multicultural and pluralistic society. Advocates of the cultural defense recognize the harmful effects of the false universalism of the law. However, the cultural defense has been criticized as essentialist and harmful as it has been used in high profile cases to justify violence against women of color. The cultural ...


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


Social Justice In Social-Ecological Systems: Resilience Through Stakeholder Engagement, Frederick I. Lauer 2017 University of Montana, Missoula

Social Justice In Social-Ecological Systems: Resilience Through Stakeholder Engagement, Frederick I. Lauer

Graduate Student Theses, Dissertations, & Professional Papers

Successful management of social-ecological systems (SES) is predicated on quality collaborative exchanges between project stakeholders and management. The Southwest Crown of the Continent Collaborative (SWCC) Collaborative Forest Landscape Restoration Program (CFLRP) provided an opportunity to explore landscape scale collaborative management and SES outcomes. Global change and future uncertainty of landscapes prompted the SWCC to employ restoration treatment alternatives throughout 1.4 million acres of forests, most of which are publicly held. The SWCC currently monitors environmental and economic variables, with plans to monitor social variables. This thesis formalizes a proposed framework to investigate SES resilience, and explores public engagement as ...


A Duty To Document, Marc Kosciejew 2016 University of Malta

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of ...


Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively 2016 Kennesaw State University

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical incidents and ...


De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco 2016 Yale

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414 2016 University of Arizona

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414

Mathal

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll 2016 American University Washington College of Law

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Michael W. Carroll

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual ...


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