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Civil Chapter 178: How Much Can You Earn? Increasing Access To Vocational Evaluators, Reymond Huang

University of the Pacific Law Review

No abstract provided.

“Essentially Black”: Legal Theory And The Morality Of Conscious Racial Identity, Kenneth B. Nunn

UF Law Faculty Publications

In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the advent of postmodernism, discussions around essentialism have become controversial. Adherents of postmodern theory argue that social categories, such as gender, race, and sexuality are socially constructed and that essentialist notions of identity, which suggest that identity is static, natural, and unchanging, are theoretically wrong. This …

Fictitious Commodities: A Theory Of Intellectual Property Inspired By Karl Polanyi’S “Great Transformation”, Alexander Peukert

Fordham Intellectual Property, Media and Entertainment Law Journal

The puzzle this Article addresses is this: how can it be explained that intellectual property (IP) laws and IP rights (IPRs) have continuously grown in number and expanded in scope, territorial reach, and duration, while at the same time have been contested, much more so than other branches of property law? This Article offers an explanation for this peculiar dynamic by applying insights and concepts of Karl Polanyi’s book “The Great Transformation” to IP. It reconstructs and then applies core Polanyian concepts of commodification (infra, II), fictitious commodities (infra, III), and countermovements (infra, IV) to the three main areas of …

The Extraterritorial Reach Of Tribal Court Criminal Jurisdiction, Grant Christensen

UC Law Constitutional Quarterly

Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the nature of overlapping sovereignty. The Supreme Court accepts an average of almost three Indian law cases a year and has decided more than twenty Indian law cases with a jurisdictional focus since 1978. As tribes become wealthier, they are increasingly acquiring new lands outside of their existing reservations. This expansion of territory generates new border zones where state and tribal interests converge. The Sixth Circuit recently decided the first federal appellate case dealing with the inherent criminal powers of tribal court jurisdiction over the conduct …

‘I Was So Much Older Then/I’M Younger Than That Now’: Valedictory Notes And Collage, Frank Pommersheim

Faculty Publications

No abstract provided.

Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, Ryan Rowberry, Ismat Hanano, Sutton M. Freedman, Michelle Wilco, Cameron Kline

Faculty Publications By Year

Exacerbated by climate change, sea levels are rising rapidly. This poses a significant, immediate threat to coastal or riverine urban areas and the tangible cultural heritage (e.g. artifacts, buildings, monuments, archaeological sites) that makes them unique. Protecting coastal cultural resources from climate change is quickly becoming a global priority, and comparing cultural heritage laws designed to protect historic resources in coastal areas from several countries may illuminate potential paths forward. Following a brief discussion of the economic and public health benefits arising from the protection of cultural heritage, this article describes, examines, and compares the legal frameworks through which the …

Vol. 104, No. 2 Front Matter

Cornell Law Review

No abstract provided.

Impersonal Personhood: Crafting A Coherent Theory Of The Corporate Entity, Bryan P. Magee

Cornell Law Review

Corporate legal personhood is a baffling and elusive concept. Are corporations persons and, if so, what does this mean? Ascribing the moniker of "person" to a corporation can conjure up the idea that a corporate entity is entitled to all the natural and legal rights that natural "personhood" entails. This, however, ignores that there are different kinds of "legal person" and that the scope of their respective rights differs based on the purpose of the personhood they are given. This Note posits that the law grants corporations entity-hood primarily to centralize contractual rights and obligations. This purpose, this Note contends, …

Contents

University of Chicago Law Review

Contents and editorial information.

Developing Product Label Information To Support Evidence-Informed Use Of Vaccines In Pregnancy, Terra A. Manca, Janice E. Graham, Ève Dubé, Melissa Kervin, Eliana Castillo, Natasha S. Crowcroft, Deshayne B. Fell, Michael Hadskis, Jaelene M. Mannerfeldt, Devon Greyson, Noni E. Macdonald, Karina A. Top, On Behalf Of The Canadian Vaccine Product Monograph Working Group

Articles, Book Chapters, & Popular Press

Background: Product labelling information describing the use of vaccines in pregnancy continues to contain cautionary language even after clinical and epidemiological evidence of safety becomes available. This language raises safety concerns among healthcare providers who may hesitate to recommend vaccines during pregnancy.

Purpose: To develop clear evidence-based language about vaccine safety and effectiveness in pregnancy for inclusion in vaccine product labels.

Methods: We conducted a three-stage consensus-methods project with stakeholders, including: healthcare providers, vaccine regulators, industry representatives, and experts in public health, communication, law, ethics, and social sciences. Using qualitative and quantitative methods, we held a nominal group technique (NGT) …

Freedom: A Work In Progress, Rusi Stanev, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Rusi Stanev, survivor of an intransigent system of guardianship and institutionalisation, victor in a ground breaking disability rights case against Bulgaria at the European Court of Human Rights, my partner in this writing project and (for too short a time) my friend, died on March 9, 2017, before our chapter could be completed. He was 61. Questions have been raised about the appropriateness of the care Rusi received in his final days; at the time of finalising this chapter, a formal inquest into the circumstances of his death had not issued in a decision. But whether or not Rusi Stanev’s …

William J. Bridge: University Citizen Par Excellence, Charles E. Curran

SMU Law Review

No abstract provided.

Non-State Community Virtual Currencies, Benjamin Geva, Dorit Geva

Articles & Book Chapters

Community currencies are means of payment issued other than by the State, for voluntary use side by side with State-issued (that is, national) currency, either in a particular geographical area or by a group of users. This chapter deals with them as their media have been transforming from paper to digital. Discussing legal aspects of digital community currencies as monetary objects, this chapter combines an analysis general to the law of community currencies, as applied to community currencies regardless of the media in which they are embodied, with an analysis of the general law governing digital currencies as applied to …

Law As A Social Construction And Conceptual Legal Theory, Dan Priel

Articles & Book Chapters

A currently popular view among legal positivists is that law is a social construction. Many of the same legal philosophers also argue that before one can study law empirically, one needs to know what it is. At the heart of this paper is the claim that these two propositions are inconsistent. It presents the following dilemma: if law is a social construction like all other social constructions, then legal philosophers have to explain what philosophers have to contribute to understanding it. Studies of social constructions are typically conducted by historians, sociologists, and others, who explain them (and what they are) …

Truth Be Told: Redefining Relationships Through Indigenous Research, Deborah Mcgregor

Articles & Book Chapters

The recently released report of the Truth and Reconciliation Commission of Canada (TRC) contains recommendations which seek to deconstruct the highly colonial relationship between Indigenous peoples and the Canadian state. This chapter explores how the TRC’s findings might be applied in transforming the theory and practice of academic research as part of renewing and re-defining relationships between Indigenous peoples and broader Canadian society. I will address the fundamental bias that exists in the historical and contemporary scholarship that either explicitly or implicitly frames Indigenous peoples as “problems” to be solved.

The History And Promise Of Shared Space In A Section 35 World, Signa A. Daum Shanks

Articles & Book Chapters

When non-Indigenous people made their way to North America, both conflicting and complementary social norms existed between explorers and the land’s original inhabitants. Capable of agreeing with, often challenging, and regularly borrowing each other’s ideas, people of early post-contact times demonstrated how they could have different values and processes but could still cooperate. So while colonialism certainly stifled, if not terminated, some Indigenous processes, local concepts still often prevailed and governed all those who inhabited a space—including the non-Indigenous. Canada’s post-contact past is as much about the adherence to Indigenous jurisdiction as it is about an external force’s interpretation of …

Private International Law As An Ethic Of Responsivity, Ralf Michaels

Faculty Scholarship

The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of our …

The Ethical (Or Not So Ethical) Story Behind Your Bar Of Chocolate: The Untold Tale Of A Distressed Ghanaian Farmer, Nadia Ayensah

Augustana Center for the Study of Ethics Essay Contest

In a time where the ethics of business dealings have become a key factor in the likelihood of the success of that venture due to globalization, it is important to start considering those ventures that are so popular, but whose inner working are rarely heard of. This paper analyzes the history and process of cocoa production in Ghana. It looks at the status quo with regards to the social and economic standing of Ghanaian Cocoa farmers as opposed to the earnings made by cocoa processing companies. With the statistics derived, the paper then considers who is to take responsibility for …

The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez

Pomona Senior Theses

As of May 2016, the U.S. State Department officially declared a priority date for all green cards for applicants from El Salvador, Guatemala, and Honduras that capped the number of visas granted to individuals from these three countries to just 10,000 per year. This inherently created a two to three-year backlog for Special Immigrant Juvenile Status applicants from these countries as well, meaning that SIJS petitioners will remain undocumented for periods of up to six years until their petition is adjudicated by USCIS and their priority date arrives. I research whether the increasingly difficult path to obtaining permanent residency through …

Patents, Disclosure, And Biopiracy, Aman Gebru

Law Faculty Publications

No abstract provided.

Wire-Tapping Criminal Suspects: Should The Scope Of Attorney-Client Privilege Extend That Far?, Jenna Ventola

Student Works

No abstract provided.

The Anonymity Heuristic: How Surnames Stop Identifying People When They Become Trademarks, Russell W. Jacobs

Dickinson Law Review (2017-Present)

This Article explores the following question central to trademark law: if a homograph has both a surname and a trademark interpretation will consumers consider those interpretations as intrinsically overlapping or the surname and trademark as completely separate and unrelated words? While trademark jurisprudence typically has approached this question from a legal perspective or with assumptions about consumer behavior, this Article builds on the Law and Behavioral Science approach to legal scholarship by drawing from the fields of psychology, linguistics, economics, anthropology, sociology, and marketing.

The Article concludes that consumers will regard the two interpretations as separate and unrelated, processing surname …

Developing A Model For Effective Community Development Agreements In The Extractive Industries, John Nikolaou

CMC Senior Theses

Natural resource development has tremendous potential to create inclusive economic growth in countries well-endowed with oil, mineral, and agricultural resources. At the same time, natural resource development can cause negative environmental externalities, and, in several cases, extractives companies can engage in labor abuse.

The intersection of the government’s and the corporation’s interest can lie in Corporate Social Responsibility Projects.This thesis will analyze an alternative model of CSR: community development agreements (CDAs). CDAs are voluntary, or sometimes government mandated, agreements between the project developer and the project affected community that define company commitments to issues such as environmental impact mitigation, benefit …

When Alternative Dispute Resolution Works: Lessons Learned From The Bashingantahe, Alexander J. Buszka

Buffalo Law Review

No abstract provided.

Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Brenda Williams, Edwin Lindo, Marc-Tizoc González

Articles

In this Article, three law professors report on and theorize a nonviolent direct-action campaign of the kind discussed by Dr. King in his famous Letter from a Birmingham Jail. Using the basic steps of the nonviolent campaign as an organizing framework, they analyze and report on the 18-day hunger strike by the Frisco 5 (a.k.a., Frisco5). This direct action protested the extrajudicial killings of Amilcar Perez-Lopez, Alex Nieto, Luis Góngora-Pat, and Mario Woods by San Francisco Police Department (SFPD) officers and advocated for institutional change to reduce the risk of homicides against persons with similarly racialized minority-group identities. Two weeks …

Effect Of Religious Legislation On Religious Behavior: The Ramadan Fast, Hannah M. Ridge

Political Science Faculty Articles and Research

State laws compelling citizens to comply with elements of religious law – also known as religious legislation – are globally pervasive. Previous research has well documented the incidence of myriad examples of religious legislation. These laws’ practical effect on citizens’ behavior, however, has been less examined. This article looks at the effect of one piece of religious legislation: state laws enforcing the Ramadan fast. It demonstrates that the use of state power to sanction violations of religious law significantly increases citizens’ compliance with this religious law.

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Preface, Craig Collins, Vivien Holmes, Paul Maharg

Articles & Book Chapters

In this Preface to the first volume of the series Assessment in Legal Education, we outline the scope of the series, the reasons for its development and the ways it may assist those involved with legal education generally.

Can Soft Regulation Prevent Financial Crises?: The Dutch Central Bank's Supervision Of Behavior And Culture, John M. Conley, Cynthia A. Williams, Lodewijk Smeehuijzen, Deborah E. Rupp

Articles & Book Chapters

Financial regulation has traditionally been “hard”: national legislatures and regulators (and sometimes international bodies) require certain kinds of behavior and forbid others, on pain of business sanctions, fines, or even criminal penalties. When a financial crisis happens, the usual after-the-fact response is more hard regulation. That pattern goes back at least to the 1929 market crash that precipitated the Great Depression.

But financial crises still occur, leading many observers to wonder if what the financial world needs is a way to identify those pathological risk-takers in advance and, perhaps more importantly, to make sure that the financial institutions that employ …

Ending Sexualized Violence: International Jurisprudence, Nicole Greenberg

Scripps Senior Theses

Sexualized violence continues to threaten the autonomy of individuals and violate human rights. Scholars debate the effectiveness of international treaties in addressing this problem. The Convention on Elimination and Discrimination Against Women (CEDAW) of 1979 requires ratifying countries to uplift equality and denounce discrimination of women nationally, in public and private spheres. Examining Bosnia and Herzegovina as a case study shows the effectiveness CEDAW has in creating political and social change. In addition, the Bosnian War illustrates the threat sexualized violence has on individual autonomy. Findings show that CEDAW and grassroots feminist activism are successful together in advocating for social …

Beyond Integration: Forward Through Ferguson/Backward Through Brown, Anders Walker

Saint Louis University Law Journal

No abstract provided.