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Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education, Hannah Brenner, Kathleen Darcy
Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education, Hannah Brenner, Kathleen Darcy
Faculty Scholarship
The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence. This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence perpetrated against women in closed institutional systems like prison, the military, and immigration detention centers. Survivors in these contexts are routinely denied access to justice internally and from the external criminal justice system; they also face major limitations (imposed by both federal law and Supreme …
3d Printing: Digital Infringement And Digital Regulation, Tabrez Y. Ebrahim
3d Printing: Digital Infringement And Digital Regulation, Tabrez Y. Ebrahim
Faculty Scholarship
3D printing is a rapidly-growing technology that enables creation of three dimensional solid objects made from a digital Computer Aided Design ("CAD") file. Patent law issues are particularly relevant and uncertain in the realm of 3D printing. Thus, analysis of the Patent Act is needed to better understand direct infringement (of either the use of a 3D printer, of a CAD file, or under the doctrine of equivalents), indirect infringement, and contributory infringement in the context of 3D printing. A key issue in this analysis is whether a CAD file should be viewed as making the object itself since 3D …
Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant
Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant
Faculty Scholarship
Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …
Contours Of Gmo Regulation And Labeling, Joanna K. Sax
Contours Of Gmo Regulation And Labeling, Joanna K. Sax
Faculty Scholarship
No abstract provided.
Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton
Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton
Faculty Scholarship
This Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ("PPL") style, and offers an example …
If Hindsight Is 20/20, Our Justice System Should Not Be Blind To New Evidence Of Innocence: A Survey Of Post-Conviction New Evidence Statutes And A Proposed Model, Justin P. Brooks, Alexander Simpson, Paige Kaneb
If Hindsight Is 20/20, Our Justice System Should Not Be Blind To New Evidence Of Innocence: A Survey Of Post-Conviction New Evidence Statutes And A Proposed Model, Justin P. Brooks, Alexander Simpson, Paige Kaneb
Faculty Scholarship
No abstract provided.
Trademarks And Brands In 3d Printing, Tabrez Y. Ebrahim
Trademarks And Brands In 3d Printing, Tabrez Y. Ebrahim
Faculty Scholarship
No abstract provided.
Truth And Legitimacy (In Courts), Kenneth S. Klein
Truth And Legitimacy (In Courts), Kenneth S. Klein
Faculty Scholarship
This Article draws upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as Supreme Court decisions, to develop an articulation of the meaning, role, and importance of truth in courts. It is frequently articulated that trials are a search for truth. But as insiders to the judicial system know, if this is so then it is a meaning of truth that differs what truth means in any other context. And exposing this definitional dissonance in turn exposes that the legitimacy of the courts rests on …
Bars To Justice: The Impact Of Rape Myths On Women In Prison, Hannah Brenner, Kathleen Darcy, Gina Fedock, Sheryl Kubiak
Bars To Justice: The Impact Of Rape Myths On Women In Prison, Hannah Brenner, Kathleen Darcy, Gina Fedock, Sheryl Kubiak
Faculty Scholarship
This article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis of this work, our cohort of scholars in law, social work, and psychology utilized data and personal narratives from the groundbreaking class action lawsuit, Neal v. MDOC, brought on behalf of over 800 female inmates against the State of Michigan. In this article, we identify the most prevalent rape myths we observed from women who were involved …
Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms?, Justin P. Brooks, Zachary Brooks
Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms?, Justin P. Brooks, Zachary Brooks
Faculty Scholarship
No abstract provided.