Digital Commons Network^™

Displacement And Replacement: The Political History Of David Duke, Patrick Buchanan, And Racial Resentment, Dylan Weir

Journal of Hate Studies

In the late 1980s and early 1990s, David Duke and Patrick Buchanan drew on long-running discourses about White replacement and displacement in their political campaigns. Duke, former leader of the Knights of the Ku Klux Klan, used White displacement fears to earn elected office in the Louisiana state legislature. He then ran for governor, senator, and president, but was thwarted in these campaigns partly thanks to Black voters. Duke’s presidential ambitions were also undercut by the journalist and television personality Patrick Buchanan, who coopted Duke’s message to seize his base. Despite trying several times, however, Buchanan was also unable to …

Nuclear Threat As Race Hatred, John Streamas

Journal of Hate Studies

Nuclear weapons, since their advent in the 1940s, have been regarded as so massively destructive and lethal that few have questioned whether particular groups might be targeted. Deaths across their geographical sweep seem to be total and indiscriminate. I argue, however, that it is no accident or coincidence that the Bomb was first used on a non-White nation; people of color in the United States such as Langston Hughes believed it would never be used against a White enemy. On the other hand, even if it is a race weapon, it is also still a species weapon, so that even …

The Dialogic Classroom: Holding The Door Open For Hope, Ivon Prefontaine

Journal of Hate Studies

Schools are an essential institution for providing education and direction for children and youth. A key learning is how to engage in civil dialogue intertwined with hope for the future. At the heart of civil dialogue in a classroom are large topics referred to as “public moral [stories] … moral in the sense that [they are] founded on ultimate questions—of life and death, of how persons should be treated, preferred patterns of living” (Fisher, 1994, p. 173). These existential stories and their emergent questions are eloquent and can excite and engage even reluctant participants who otherwise might find themselves concerned …

Dabus, An Artificial Intelligence Machine, Invented Something New And Useful, But The Uspto Is Not Buying It, Trevor F. Ward

Maine Law Review

U.S. patent laws are designed to promote science and the useful arts. They grant temporary monopoly rights to inventors in order to incentivize inventive activity. In the United States, patent rights revolve around the inventor. However, what happens when an Artificial Intelligence (AI) machine invents? Who deserves monopoly rights to the invention? Who will be incentivized by such monopolies? Do U.S. laws protect companies’ investments in AI? In 2019, for the first time in history, an AI machine called DABUS was listed as an inventor on two U.S. patent applications. The United States Patent and Trademark Office denied the applications, …

Governance Of Ocean-Based Carbon Dioxide Removal Research Under The United Nations Conventions On The Law Of The Sea, Wil Burns

Maine Law Review

There has been a spate of research in recent years indicating that achievement of the temperature objectives of the Paris Agreement can only be effectuated through both aggressive decarbonization of the global economy and large-scale deployment of so-called carbon dioxide removal (CDR) approaches. While much of the early focus of CDR research was on terrestrial options, such as afforestation, direct air capture, and bioenergy with carbon capture and storage, more recently, many in the scientific and policy community have increasingly focused on potential ocean-based approaches, including ocean fertilization, ocean alkalinity enhancement, macroalgae harvesting, and ocean upwelling and downwelling. However, while …

The Role Of Legal Studies In Undergraduate Business Curricula And Its Impact On Students' Problem-Solving Skills, Olivia Martucci

Honors Projects in History and Social Sciences

Although the presence of legal studies within undergraduate business curricula is continuously growing, there seems to be a lack of understanding and appreciation for the value that legal studies coursework brings to undergraduate business education. This research aims to determine whether legal studies courses provide undergraduate business students with transferrable non-legal skills, such as problem-solving skills. The goal of this research is to explore the importance of legal studies in undergraduate business curricula by trying to determine if it provides students with valuable skills that can be utilized across disciplines. The methodology of this research is a posttest-only control group …

Female Politicians And The Way That Gender Stereotypes And The Male-Dominated Power Structure Influence The Way They Run Their Campaigns, Morgan Marckres

Honors Projects in History and Social Sciences

Women only make up 28.5% of Congress even though they make up 50.5% of the population of the United States. This disparity indicates that there are significant barriers that female politicians face when they are running for office. To look for why, an extensive literature review was conducted that gave context about the gender stereotypes that female candidates face and how they navigate the male template of power. Using the material from the literature review, the campaigns of three women and three men who won their election in the recent 2022 midterms were analyzed. The candidate’s campaigns were then compared. …

Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely

Washington Journal of Law, Technology & Arts

In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.

If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …

The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte

International Relations Honors Papers

Conflict-related rape—once thought to be an inevitable symptom of war—has been legally recognized as both a distinct weapon of war and a crime against humanity, yet it continues to be utilized with impunity. To understand why combatants rape, this paper examines the aspects of military culture that create environments in which raping is not only permissible, but encouraged; additionally, this paper considers cases of genocide in Bosnia and Rwanda in which rape was used systematically to achieve political goals, and how these conflicts contributed to new conceptions of rape in international criminal law. These new conceptions of conflict-related rape created …

Child Content Creators And Just Compensation: A Policy Expansion On 'Coogan Law' For Child Social Media Stars, Deanna Cooper

Lincoln Memorial University Law Review Archive

The realm of child entertainers utilizing social media platforms for influencer marketing and monetizing their original content is ever-changing, and officials who could manufacture legislation changes to protect those financial futures have long been locked in a stalemate. Child actors and child entertainers in traditional workplace settings have financial protections under ‘Coogan Law,’ a state law enacted to safeguard a portion of the minor’s earnings in a trust account until they reach the age of majority and to protect their assets from exploitation and financial abuse by their managers and/or family members. Those same underaged content creators earn thousands of …

Bias Against Asians, Black People, Hispanics/Latines, Jews, And Muslims On Twitter In 2020 And 2021, Gunther Jikeli

International Conference on Hate Studies

Hate speech on social media has been identified as a social problem. However, it is difficult to quantify how widespread hate speech is. We looked at conversations on Twitter about Asians, Black people, Jews, Hispanic/Latino people, and Muslims by manually annotating representative samples of tweets from 2020 and 2021 with the keywords “Asians, Blacks, Jews, Latinos, and Muslims.”

We found between 5 and 17 percent tweets were biased, depending on the keyword and year. This results in an estimated 8.3 million biased tweets during that period. However, there were even more tweets calling out bias against these minority groups, between …

Reconstructing Embryos: The Legal Ramifications Of Ipsc Technology And The Dickey-Wicker Amendment, Nicholas Riley

University of Chicago Legal Forum

No abstract provided.

Long Covid And Temporary Conditions As Disabilities Under The Ada, Emily P. King

University of Chicago Legal Forum

No abstract provided.

Fixing The Powerhouse Of The Cell: Challenging The Fda’S Prohibition Of Mitochondrial Replacement Therapy, Kendall Bryant

University of Chicago Legal Forum

No abstract provided.

No Money Allowed, Kimberly D. Krawiec

University of Chicago Legal Forum

No abstract provided.

Involuntary Reproductive Servitude: Forced Pregnancy, Abortion, And The Thirteenth Amendment, Michele Goodwin

University of Chicago Legal Forum

No abstract provided.

Borrowed Wombs: On Uterus Transplants And The “Right To Experience Pregnancy”, Glenn Cohen

University of Chicago Legal Forum

No abstract provided.

Donorsexuality After Dobbs, Mary Anne Case

University of Chicago Legal Forum

For the better part of a century, the United States Supreme Court has issued a series of decisions, “the underlying premise of [which is] that the Constitution protects ‘the right of the individual . . . to be free from unwarranted governmental intrusion into . . . the decision whether to bear or beget a child.’”¹ The most controversial line of such decisions, protecting from “unwarranted governmental intrusion” an individual’s right to choose to terminate a pregnancy through abortion, ² has been decisively overruled.³ The same conservative justices who have eliminated abortion rights have for the entirety of …

Bringing Up The Bodies, Bennett Capers

University of Chicago Legal Forum

Allow me to begin with a scene from one of my favorite novels of the last twenty years. The novel is Hilary Mantel’s Bring Up the Bodies, ¹ the second in her award-winning trilogy of historical novels about Thomas Cromwell and King Henry VIII.²

By the start of Bring Up the Bodies, King Henry VIII has had his first marriage annulled and is now married to Anne Boleyn. Indeed, Anne Boleyn is pregnant, and the king is optimistic about a male heir. But the king already has eyes on Jane Seymour, and when Anne Boleyn miscarries, the king is …

Black Masculinity And The Government, Paul Butler

University of Chicago Legal Forum

No abstract provided.

Critical Concerns In Indian Country: Arizona V. Navajo Nation, Monte Mills

Presentations

No abstract provided.

California Law Changes The Fashion Industry Furever: First Statewide Fur Ban Takes Effect This Year, Mikee Olegario

SLU Law Journal Online

On January 1^st of this year, California made history in becoming the first to enact a statewide fur ban, prohibiting the sale of new clothing and accessories made of fur. This article explores the potential implications of the ban for the state, California's influence in the fashion industry, and the future of the fur industry for the rest of the nation. In this article, Mikee Olegario will use these factors to analyze how one state's bill could have a major impact on ethical fashion forever.

Security Researchers Battle Against The Dmca, Andre Sardaryzadeh

Chicago-Kent Journal of Intellectual Property

In the digital age, cybersecurity plays a principal role in resolving consumer concerns regarding data breaches. Nevertheless, United States copyright laws prohibit the effective use of cybersecurity tools that disrupt malicious hackers from gaining access to personal (and sensitive) information. One law, in specific, that is detrimental to the defense against malicious attackers is the Digital Millennium Copyright Act (“DMCA”). Specifically, section 1201 of the DMCA prohibits the circumvention of copyrighted information. Malicious hackers have various tools and techniques to obtain unauthorized access to personal information via software vulnerabilities. Importantly, these vulnerabilities often result in the theft of consumers’ personal …

Fischman Serves As Witness In Endangered Species Act Hearing, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An environmental law expert from the Indiana University Maurer School of Law served as an expert witness today (April 18) as part of a congressional hearing on the Endangered Species Act (ESA). Professor Rob Fischman participated in one of three panels convened by the U.S. House Natural Resources Subcommittee on Water, Wildlife, and Fisheries as lawmakers consider four Congressional Review Act (CRA) resolutions challenging the implementation of certain aspects of the ESA.

A Canadian Perspective On Fifty Years Of International Economic Law, J. Anthony Van Duzer

Dalhousie Law Journal

In 1970, “international economic law” (IEL) was not a distinct academic subject. Fifty years later, IEL has become an important and well-recognized field of legal enquiry, though its boundaries remain unclear. Globalization of trade and investment activity and the concomitant proliferation of trade and investment treaties over the last 50 years have been key drivers of academic interest in IEL and its transformation. The impacts of trade and investment on the protection of the environment and health, Indigenous, labour, and human rights, development, and other policy priorities have become significant subjects of academic discourse and are increasingly addressed in trade …

Nudges, Defaults, And The Problem Of Constructed Preferences, Jeffrey J. Rachlinski

Duke Law Journal

Regulatory bodies have increasingly become interested in “nudges,” or low-cost adjustments to the environment in which people make choices. These interventions promise to give more people what they truly want while preserving freedom of choice. In theory, default rules—a type of nudge—that can survive a thorough cost-benefit analysis should both preserve liberty and enhance welfare. In reality, altering default rules can also change people’s preferences. Neutral cost-benefit analysis is thus impossible, and choosing a default rule therefore influences personal freedom. This Article explains how nudges influence preferences and why this makes neutral cost-benefit analysis impossible for regulators.

It's About Time: An Analysis Of Name, Image, And Likeness Legislation In The United States, Taylor Henderson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Physical Sports Needing Virtual Boundaries? An Analysis Of Intellectual Property Issues Arising From Sport Nfts, Maeve Hyer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Biden, Bennet, And Bipartisan Federal Judicial Selection, Carl Tobias

University of Colorado Law Review Forum

No abstract provided.

Voter Due Process And The "Independent" State Legislature, Michael P. Bellis

Northwestern University Law Review

In a series of opinions surrounding the 2020 presidential election, multiple U.S. Supreme Court Justices broke from precedent to signal support of the “independent state legislature theory” (ISLT), a formerly obscure interpretation of state legislatures’ power over the administration of federal elections. Proponents of the ISLT allege that the U.S. Constitution grants state legislatures plenary power in federal election contexts—including the power to discount ballots, redraw legislative maps, or appoint alternative slates of presidential electors. Although the Court denied certiorari in each case, across the denials four current Justices dissented because they considered the ISLT to be a proper interpretation …