Digital Commons Network^™

Narrative Capacity, James Toomey

North Carolina Law Review

No abstract provided.

The Flourishing Lawyer: A Multi-Dimensional Approach To Performance And Well-Being (2022), Heidi K. Brown

Books

The Flourishing Lawyer offers an empathetic guide for members of the legal profession to cultivate their personal and professional well-being, identify and develop their individual strengths, and define success on their own terms. Drawing from lessons and research from the fields of psychology, health care, sports, and medicine, this book is an affirming guide to becoming a better contributor to the profession while living a flourishing life.

Tribal Identity And The Rise Of The American Indian/Alaskan Native Population, Angel M. Stevens

Political Science Theses and Capstones

Today, most tribal nations in the United States identify by federal recognition, yet on the American Community Survey, American Indian/Alaskan Native respondents can self-identify as a member of a specific tribal nation. Most researchers argues that this tribal identification fortifies the reflection of the American Indian/Alaskan Native identity. There are 574 federally recognized tribes in the United States today. Between 2000-2020, the US Census Bureau and the American Community Survey noted a significant surge in the American Indian/Alaskan Native population. This population growth went from a mere 2 million to almost 10 million in a 20-year time span. In this …

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …

The Parthenon Marbles Case And The Universal Museum Myth: Policies And Politics, Cardozo Arts & Entertainment Law Journal, Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic, Cardozo Fame Center

2021–2022 Flyers

This symposium will bring together scholars and advocates to discuss the history of cultural property, its rightful owners, and whether the property should be returned to its original creating country. Professor David Rudenstine will present his decades-long historical research challenging the British Museum’s claim in the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures taken to London in the early 1800s by the British ambassador, Lord Elgin.

Race And Prohibition Movements, Brittany Arsiniega

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Vol. 62, No. 12 (April 11, 2022)

Indiana Law Annotated

No abstract provided.

Happily Ever After, Phoebe C. Ellsworth

Book Chapters

I have been lucky in my upbringing and education, and especially in having advisors who let me do what I wanted to even when they didn’t think it was a good idea. This allowed me to have a deeply rewarding career devoted to two entirely different topics – basic theory and research on emotion, and applied theory and research in psychology and law. My career spanned the period from when women were considered unsuitable for scientific or academic work through the rise of feminism, so although I faced obstacles, the culture was changing quickly enough that my unusual choices soon …

Nature Deserves Rights, Too: The Case For A ‘Rights Of Nature’ Constitutional Amendment, Michelle Mandler

Journal of Civil Rights and Economic Development

(Excerpt)

Picture this: Every day, millions of Americans enjoy the great outdoors. People of all ages dive into cool, blue oceans and babbling rivers across the United States. Others visit local and National parks, hiking steep mountains and running through green fields sprinkled with tall trees and sweet-smelling flowers in every color. They pick and snack on apples and berries along their paths, breathing in the crisp outdoor air. Birds soar overhead. Insects buzz and flutter through the breeze. Sunshine gleams down upon the earth.

Now, picture this: The surrounding environment is actually deteriorating— silently suffering—and harming these people all …

When Your Data Is My Grandparents Singing: Digitisation And Access For Cultural Records, The Pacific And Regional Archive For Digital Sources In Endangered Cultures (Paradisec), Nick Thieberger, Amanda Harris

Copyright, Fair Use, Scholarly Communication, etc.

In this paper we discuss the Pacific and Regional Archive for Digital Sources in Endangered Cultures (PARADISEC), a research repository that explicitly aims to act as a conduit for research outputs to a range of audiences, both within and outside of academia. PARADISEC has been operating for 19 years, and has grown to hold over 390,000 files currently totaling 150 terabytes and representing 1,312 languages, many of them from Papua New Guinea and the Pacific. Our focus is on recordings and transcripts in the many small languages of the world, the songs and stories that are unique cultural expressions. While …

Cle Working Paper No. 2/2022--Mexican Salsa And Mexican Farm Workers: How International Agricultural Development Marginalizes Farm Labour, Celia White

Transnational Business Governance Interactions Working Papers

No abstract provided.

The Saga Of Reginald Mcfadden—"Pennsylvania's Willie Horton" And The Commutation Of Life Sentences In The Commonwealth: Part Ii, Regina Austin

JCLC Online

The saga of the commutation of Reginald McFadden is a tortuous story of blunders, coincidences, and numerous instances of governmental officials tempting fate. It has the makings of a Serial true-crime podcast. In states throughout the country, there are lifers who are unfairly paying the price for the actions of one person who should never have had her or his life sentence commuted. This is the second in a series of two essays that explore Reginald McFadden’s commutation. This Part considers whether, in hindsight, there was any sound basis for McFadden’s release given the policy grounds for commutations and describes …

Establishment’S Political Priority To Free Exercise, Marc O. Degirolami

Notre Dame Law Review

Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.

This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article calls …

Renewable Energy Federalism, Danielle Stokes

Minnesota Law Review Vols. 106:2 onward (2021-present)

No abstract provided.

A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell

Marquette Law Review

Artificial intelligence’s (AI’s) impact on the legal community expands exponentially each year. As AI advances, lawyers have more powerful tools to enhance their ability to research and analyze the law, as well as to draft contracts and other legal documents. Lawyers are already using tools powered by AI and are learning to shift their methodologies to take advantage of these enhancements. To continue to grow into their shifting role, lawyers should understand the relationship between AI, mathematics, and legal reasoning.

Making The Case For Paid Parental Leave In The United States, Jane Johnson, Sarah Calvert

Brigham Young University Prelaw Review

Despite being one of the most influential countries in the world, the United States is still one of only three developed countries that does not mandate paid parental leave on a federal level. Although some federal legislation does offer unpaid leave, these laws are insufficient to meet the needs of working parents. This paper examines existing parental leave laws to highlight the duration of leave and methods of funding used by some U.S. states and other countries worldwide. We also review multiple studies that demonstrate benefits of paid parental leave for both parents and children. This paper ends with a …

The "Divisive Concepts" Laws And Americans Of Asian Descent, Ilhyung Lee

SMU Law Review Forum

In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be “critical race theory,” once a theory advanced in legal academia that has now become a “catchall term” for discussions of race and racism. The states mean business and seek to enforce their new or proposed laws by prohibiting state funding for teaching the banned content, withholding funding to local educational agencies or schools in violation, subjecting offending teachers to disciplinary action, and allowing those aggrieved to bring an action at …

Racism And Toxic Burden In Rural Dixie, Mary Finley-Brook, Environmental Justice Researchers

William & Mary Environmental Law and Policy Review

Rural pollution hotspots receive inadequate attention during impact assessments: low population density is strategically used to suggest rural areas lack critical importance. Local resistance led to a legal victory for Union Hill, Virginia, where a door-to-door household study of demographics and family heritage exposed data inequities and biases in state practices, establishing a precedent for attention to environmental injustice and disproportionate cumulative impacts on rural majority Black communities. Critical legal geographies of cases from Buckingham, Pittsylvania, and Charles City Counties in the Commonwealth of Virginia document patterns in the ways fossil fuel ‘sacrifice zones’ intersect with historic colonialism in rural …

Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas––a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, and barriers …

The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco

Dickinson Law Review (2017-Present)

Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Reimagine Descriptive Workflows: A Community-Informed Agenda For Reparative And Inclusive Descriptive Practice, Rachel L. Frick, Merrilee Proffitt

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The Reimagine Descriptive Workflows project convened a group of experts, practitioners, and community members to determine ways of improving descriptive practices, tools, infrastructure, and workflows in libraries and archives. The result, this community agenda, is offered to the broad library and archives community of practice. The agenda draws together insights from the convening, related research, and operational work that is ongoing in the field. All institutions hold power to make meaningful changes in this space, and all share collective responsibility.

The agenda is not a “how-to guide,” but it is constructed to instruct and chart a path toward …

What Property Does, Christopher Serkin

Vanderbilt Law Review

For centuries, scholars have wrestled with seemingly intractable problems about the nature of property. This Article offers a different approach. Instead of asking what property is, it asks what property does. And it argues that property protects people’s reliance on resources by moderating the pace of change. Modern scholarly accounts emphasize voluntary transactions as the source and purpose of reliance in property. Such “transactional reliance” implies strong, stable, and enduring rights. This Article argues that property law also reflects a very different source of reliance on resources, one that rises and falls simply with the passage of time. This new …

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

Transnational Migrant Deterrence, Anita Sinha

Scholarly Articles in Law Reviews & Journals

The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective ofthis nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability for …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

Free-Ing Criminal Justice, Bennett Capers

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.

Maroons, The Law And Degrowth: A Sustainable People In A Sustainable Environment, Brenda Reddix-Smalls

Duke Environmental Law & Policy Forum

Maroon settlements in North America's Mid-Atlantic colonies have recently received extensive attention from scholars and researchers. While anthropological and archaeological research and explorations have unearthed significant material liminal artifacts to indicate the presence of maroon communities in the Great Dismal Swamp (GDS) located between Virginia and North Carolina, few human remains from the interior have been reported and unearthed. Colonial records, slave laws, deeds, and newspaper advertisements of the early colonial period (1600s–1800s), provide written documentary evidence of maroon presence in the GDS. However, scant attention has been paid to the correlation between the profit motives of the colonial settlers, …

Vedantic Basis And Praxis Of The Integral Advaita Of Sri Aurobindo, Debashish Banerji

Monsoon: South Asian Studies Association Journal

The integral nondualism of Sri Aurobindo can be traced to the great pronouncements (mahāvākya) of the Upanishads and later commentaries. This study examines teachings on the Supermind (vijñāna) and the other four kinds of consciousness that define human reality: Matter (annaṃ), Life (prāṇaḥ), Mind (manaḥ), and Bliss (ānanda). Through Yoga and Tantra, one learns and embodies the pathway to the divine.