Digital Commons Network^™

From Sex Objects To Sisters-In-Arms: Reducing Military Sexual Assault Through Integrated Basic Training And Housing, Gabrielle Lucero

Duke Journal of Gender Law & Policy

No abstract provided.

A Grand Challenges-Based Research Agenda For Scholarly Communication And Information Science [Mit Grand Challenge Pubpub Participation Platform], Micah Altman, Chris Bourg

Copyright, Fair Use, Scholarly Communication, etc.

Identifying Grand Challenges

A global and multidisciplinary community of stakeholders came together in March 2018 to identify, scope, and prioritize a common vision for specific grand research challenges related to the fields of information science and scholarly communications. The participants included domain researchers in academia, practitioners, and those who are aiming to democratize scholarship. An explicit goal of the summit was to identify research needs related to barriers in the development of scalable, interoperable, socially beneficial, and equitable systems for scholarly information; and to explore the development of non-market approaches to governing the scholarly knowledge ecosystem.

To spur discussion and …

Inside The Virtual Ambazonia: Separatism, Hate Speech , Disinformation And Diaspora In The Cameroonian Anglophone Crisis, Sombaye Eyango Jules Roger

Master's Theses

This study examines the dynamics of the anglophone separatist claims in Cameroon, the so-called “Anglophone Crisis”. I focus on explaining why the separatist claims reemerged in 2016 after being shut down for about 20 years. It explains how the Anglophone separatist revendications have sustained over time despite the extremely centralized power of the Paul Biya government.This paper first argues that the Anglophone Crisis is more than an identity struggle between Anglophone/Francophone Cameroonians, but rather a conflict about historical and institutional grievances, political competition, and regional politics involving the neighboring state of Nigeria.

Second, it verifies the hypothesis that the sustainability …

Public Perceptions Of Police Interactions With Juveniles, Jillian Orr

Honors Program Theses and Projects

While previous research shows how different people respond differently to situations regarding police use of force on juveniles (Michael Brown, Tamir Rice, etc) this paper delves into what aspect each person has that influences the way they feel the police officer should respond to a juvenile suspect. I surveyed a group of about 300 people and asked them to give their responses to a vignette in which they were the acting police officer. Then, I analyzed the public opinion results through the lens of authoritarianism and compared them to the variables of age, gender, employment, and education.

The Global Food Security Act: America's Strategic Approach To Combating World Hunger, Michael Adkins

Journal of Food Law & Policy

The world’s farms currently produce enough calories to adequately feed everyone on the planet. From the 1960s through 2008, per capita food availability worldwide has risen from 2220 kilocalories per person per day to 2790. Specifically, developing countries have recorded a rise in kilocalories per person per day, from 1850 to 2640. Yet, despite overall availability, around 815 million people still suffer from hunger or some form of malnutrition. Approximately one in ten people are undernourished.

Privacy Spaces, Bert-Jaap Koops

West Virginia Law Review

Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …

#I U: Considering The Context Of Online Threats, Lyrissa Lidsky

Faculty Publications

The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architecturalf eatures ofplatforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. This …

No.45 - December 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Social Media Warriors: Leveraging A New Battlespace, Buddhika B. Jayamaha, Jahara Matisek

The US Army War College Quarterly: Parameters

No abstract provided.

#Black Lives Matter? Analyzing The Effects Of Police-Caused Black Deaths On Media Coverage And Public Interest In The Movement, Francesca Bordonaro, Dale Willits

Journal of Criminal Justice and Law

Black Lives Matter is a social movement, created and maintained on social media networks; its formation was spurred in part by the number of Black men and women who have been killed by police officers in the United States. This research focuses on the relationship between police-caused deaths of Black men and women and media coverage of and public interest in Black Lives Matter. The primary goal of the research was to determine whether traditional news coverage of Black Lives Matter was linked to the killings of Black citizens by police. We found that Black citizen deaths did not result …

Community-Based Research Methods To Inform Public Health Practice And Policy: The Case Of Lead In The Mississippi Delta, Mary Alexandra Fratesi

Honors Theses

Environmental health issues are complex and require interdisciplinary and community engagement approaches to better understand them and inform policy. As one example, lead exposure has a number of dangerous neurological effects, including developmental delays and learning deficits. Potential lead exposure through drinking water and paint are areas of concern. In a 2018 document, the Environmental Protection Agency (EPA) estimated that up to 20% of lead exposure comes from drinking water alone. By using a type of engagement research called community-based research (CBR), this project began to address this major public health issue. CBR can be used to connect residents, their …

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …

Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro

Capstone Projects and Master's Theses

Since the election of Donald Trump in the United States in 2016, there has been a particularly nationalistic, illiberal shift in the way we interact with the rest of the world. As we have favored some while violently excluding others at our borders, the media and press which criticizes these policies is under attack. This shift is not exclusive to the United States and the following research will also focus on the illiberal democratic movements in Hungary, Brazil, the Philippines, and the unfolding right-wing politics of a post-Brexit state. In an explanatory style, this research will focus on Benedict Anderson’s …

Ebola And War In The Democratic Republic Of Congo: Avoiding Failure And Thinking Ahead, Lawrence O. Gostin, Matthew M. Kavanagh, Elizabeth Cameron

Georgetown Law Faculty Publications and Other Works

The Ebola epidemic in the Democratic Republic of Congo (DRC) is exceptionally dangerous, occurring within active armed conflict and geopolitical volatility, including a million displaced persons. With 421 cases, 240 deaths, and the numbers increasing, this Ebola outbreak is the second deadliest in history. Recent spread to Butembo, home to 1.2 million people, raised concerns. The DRC, World Health Organization (WHO), and partners are leading a vigorous international response, yet despite deploying an experimental vaccine, cases doubled in October 2018 and many cases had unknown origin.

Uncontrolled Ebola outbreaks can expand quickly, as occurred in West Africa in 2014. Averting …

All About That Place: The Curious Case Of Bingo Liberalisation In Brazil, Toni Williams

Journal of Law and Social Policy

Bingo is a form of gaming that is often associated with good works, social services, low stakes entertainment, and working-class sociality. In many parts of the world bingo halls are the province of charities, veterans’ clubs, older women, and families: But not in Brazil. Commercial bingo grew rapidly in Brazil during a decade of legality that ended in 2004. Legal bingo halls employed tens of thousands of people and the game was widely played by middle-class and well-educated Brazilians as well as older working-class women and men. However, the game, or more precisely the bingo halls in which it was …

Risk, Charity, And Boundary Disputes: The Liberalisation And Commercialisation Of Online Bingo In The European Union, Donal Casey

Journal of Law and Social Policy

Land-based bingo has traditionally been perceived as a low-risk social form of gambling. The game is often run for purposes of charitable fundraising, and in many countries bingo is associated in good causes and community rather than risk or profit. These distinguishing characteristics have shaped bingo’s regulation in many jurisdictions. However, technological advances have changed the nature of the game as it moved online and challenged traditional approaches to regulation. In this paper, I document the evolution of online bingo regulation in order to explore what we can learn about the changing ways in which states govern speculative play through …

Regulation And Resistance In Canadian Bingo Halls: A Socio-Legal Account, Kate Bedford

Journal of Law and Social Policy

Bingo is a key lens through which to explore how regulation shapes (or fails to shape) different meanings of gambling, and by extension the different meanings attached to speculation in everyday life. In Canada, bingo is played in a highly distinctive gambling environment that is now being subjected to more standardised rules, often drawn from casinos. In this article, I consider how workers and players in Canadian bingo halls are affected by shifting landscapes of provincial bingo regulation. By exploring smoking bans and new rules on touching cash, I ask: what is happening to bingo and its distinctive player demographic …

Keeping Chance In Its Place: The Socio-Legal Regulation Of Gambling, Kate Bedford, Donal Casey, Alexandra Flynn

Journal of Law and Social Policy

In the winter of 2010, driving through a blizzard to a research interview outside of Ottawa, one of the co-editors of this special issue—Kate Bedford—slid and spun off the road in her rental car. The interviewee—an 80-year-old man who organized a small weekly bingo game—helped dig her out. Sitting in the community centre with him afterwards, thawing, there was ample opportunity for Bedford to reflect on the diverse meanings attached to gambling and the complex ways in which it is regulated. The interviewee talked about ‘use of proceeds’ forms and validating expenses payments for volunteers, describing a gambling landscape that …

Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda

Journal of Islamic Law Studies

This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper …

Against Imperialism In Legal Concepts, Joseph D'Agostino

The University of New Hampshire Law Review

The authority of government—and that of its politicians, judges, regulators, and other specific authorities—continues to grow more imperialistic. This is partly due to the imperialism of legal concepts as facilitated by Wittgenstein’s famously non-essentialist treatment of concepts through family resemblance theory. Although non-essentialism or anti-essentialism can be highly valuable in forming religious and literary concepts, and in describing the sometimes incoherent everyday usage of concepts and terms, all legal concepts should be scientific-style essentialist concepts. Such essentialism combats the broad discretion granted and obscured by non-essentialist approaches that allow concepts to absorb contradictory elements and harmfully hold them together, thus …

Democratizing Interpretation, Anya Bernstein

William & Mary Law Review

Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone’s power instead sneakily enhances it. So it is with these forms of interpretive outsourcing. Each seems to constrain judges’ authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact, each funnels power right back to the judge.

These outsourcing approaches show a disconnect between the questions judges pose and the methods they use …

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

Articles by Maurer Faculty

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 …

The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz

Washington and Lee Law Review

No abstract provided.

Democratizing Interpretation, Anya Bernstein

Faculty Scholarship

Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone’s power instead sneakily enhances it. So it is with these forms of interpretive outsourcing. Each seems to constrain judges’ authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact, each funnels power right back to the judge.

These outsourcing approaches show a disconnect between the questions judges pose and the methods they use …

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels

Natural Resources Journal

The Wild Free-Roaming Horses and Burros Act is overdue for repeal or revision. The Wild Horse and Burro Program is expensive for taxpayers, detrimental to rangelands, and harmful to the thousands of free-roaming equines it is intended to benefit. For nearly half a century, the Bureau of Land Management and United States Forest Service have struggled to balance the mandates of the Wild Free-Roaming Horses and Burros Act amidst a political and social climate that makes compliance impossible. Forty-six years after the Act was passed, the agencies are further from arriving at a solution than they have ever been. The …

Lockett Symposium: Lockett V. Ohio And The Rise Of Mitigation Specialists, Russell Stetler

ConLawNOW

This article discusses the impact of Lockett in terms of the rise of mitigation specialists—the capital defense team members from a variety of multidisciplinary backgrounds whose dedicated function is to investigate the social history of the client in order to facilitate an outcome that avoids execution. In Part I, the article discusses how Lockett ended the confusion that resulted from the Supreme Court’s prior death penalty decisions in the 1970s. In Part II, the article examines the emergence of mitigation investigation as a central obligation of capital defense in response to Lockett, and the diverse career paths that led …

The Santa Clara, 2018-10-11, Santa Clara University

The Santa Clara

No abstract provided.