Digital Commons Network^™

Brennan And Brewbaker's Christian Legal Thought: Providing The Foundations For Establishment Clause Understanding, Angela C. Carmella

Journal of Catholic Legal Studies

(Excerpt)

Under this approach—which clearly prioritizes the protection of religious exercise as well as the religious messages of cultural and political institutions—it appears that the Establishment Clause plays little or no role independent of the Free Exercise Clause. My question, then, is whether Christian legal thought compels us, or at least supports, such a reading of the Establishment Clause. In other words, does this lack of concern for non-establishment norms inhere in Christian legal and political thought? I look to Patrick Brennan and William Brewbaker’s casebook—Christian Legal Thought: Materials and Cases (“CLT”) —in search of a framework for exploration. …

Christian Legal Thought, Liam Ray, Nicholas A. Dimarco

Journal of Catholic Legal Studies

(Excerpt)

On January 26, 2018, the Journal of Catholic Legal Studies proudly hosted a conference on Christian Legal Thought: Materials and Cases a first-of-its-kind casebook authored by Patrick M. Brennan and William S. Brewbaker. Held in Manhattan at the New York Athletic Club, the conference brought together scholars from law schools across the country to discuss the casebook’s impact, as well as the role Christian legal thought might play in the contemporary law school curriculum.

Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study

Marquette Law Review

A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing, …

Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar

Loyola of Los Angeles Law Review

No abstract provided.

Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright

Loyola of Los Angeles Law Review

No abstract provided.

No.44 - September 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman

Dissertations, Theses, and Capstone Projects

This dissertation is a critical intervention into the literatures on epistemic and phenomenological claims about trans experiences, and embodied knowledge more generally. It also addresses the conception of ordinary affects, or feelings of self-adjustment in everyday life, and their political implications for trans people. Traditional literatures on the political tend to avoid questions of embodiment and the experiences of everyday life in favor of institutional interpretations of courts, elections, and protest movements. This has become particularly true of scholarship on trans politics and theories of ordinary life. These literatures often reduce political movements to their presumed universal intentions for constitutional …

A Closed Mouth Gonna Get You Nothin’: How Conflict Is Handled After Diversity And Inclusion Training, Enrico E. Manalo

Graduate Masters Theses

Diversity and Inclusion training is often used in organizations to engage with the increasing demographic diversity in the United States. However, many organizations continue to base their trainings and initiatives on a paradigm which was primarily motivated to prevent litigation, rather than to ensure economic opportunity for all. Over time, such Diversity efforts failed in many documented instances to ensure such opportunities and in fact, created a host of unwanted side-effects, such as employee turnover, job dissatisfaction, and misconceptions regarding the soundness of Diversity and Inclusion efforts.

However, a number of organizations have undertaken Diversity and Inclusion efforts in earnest. …

Working Without A Net: Supreme Court Decision-Making As Performance, Frederick Mark Gedicks

BYU Law Review

Though judges often portray themselves as helpless to alter case outcomes dictated by law, this is mostly false humility. Judges are illusionists, and their opinions sleights of hand which obscure that they participate in creating what they purport merely to apply. This is especially the case in the Supreme Court, from which there is no appeal. The Justices perform the law, and their opinions are the records of these performances.Performance theory supplies a better means of analyzing Supreme Court decisions than ubiquitous and wearisome attacks on judicial integrity. The Court has its precedents, but they have no connection to a …

Mediation For Indonesian Tax Disputes: Is It Potential Alternative Strategy For Resolving Indonesian Tax Disputes?, Khoirul Hidayah, Suhariningsih Suhariningsih, Istislam Istislam

Indonesia Law Review

Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the collaborative relationship. Mediation is a solution to encourage this positive bond in solving the dispute. It is successfully implemented in Australia. The similar way is strongly recommended for the Indonesian Government to develop a good relationship between taxpayers …

Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop

International Law Studies

Advances in science and technology have made it possible to improve the physical and cognitive capabilities of warfighters by biomedical interventions, such as the administration of drugs, the implantation of devices, and the magnetic stimulation of the brain. These advances raise the question as to whether enhanced warfighters ought to be considered weapons, means of warfare, or methods of warfare, for the purposes of the law of armed conflict. An affirmative answer to this question would make human enhancement subject to various restrictions arising from the law of armed conflict as well as arms control law. This article disagrees with …

Essential Air Service: A Lower Rung On The Pilot Shortage Food Chain?, Michael Peck

National Training Aircraft Symposium (NTAS)

The Essential Air Service (EAS) program, established in 1978 by the federal government as a temporary measure designed to help remote communities cope with the impact of airline deregulation, subsidizes flights to certain destinations that would not otherwise have ready access to commercial air service. The airlines participating in this program fly relatively smaller aircraft and have traditionally hovered at the lower end of the salary scale. Their pilots are, nevertheless, subject to the same flight experience requirements as the major carriers. The national (or perhaps international) pilot shortage has caused some EAS carriers to abruptly terminate service leaving the …

Annual Report, 2018, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become an indispensable source for tech policy research, education, and local, national, and international thought leadership. The Lab has worked directly with policymakers, published research and guides on emerging technologies, and provided opportunities for the public to learn from experts.

The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako

Georgia State University Law Review

The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.

The introduction of a regulator was intended to establish quality standards for all forensic science providers in …

Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah

Buffalo Law Review

The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to physicians: medical and industry groups adopted voluntary codes, federal agencies published advisory guidelines, and, most recently, state and federal legislatures enacted reporting laws. Self-regulation, threats of prosecution, and transparency initiatives have tempered the practice, but manufacturers continue to find clever ways of purchasing the loyalty of …

Unmothering Black Women: Formula Feeding As An Incident Of Slavery, Andrea Freeman

UC Law Journal

No abstract provided.

University Of Nebraska-Lincoln Digitalcommons: Statistical Report, August 2018, Deeann Allison, Paul Royster, Sue Ann Gardner, Margaret Mering, Linnea Fredrickson

Copyright, Fair Use, Scholarly Communication, etc.

To: Deeann Allison, Director, Media & Repository Services, UNL Libraries

I am pleased to transmit the following statistics report on the UNL DigitalCommons, http://digitalcommons.unl.edu

The DigitalCommons is the “institutional repository” for UNL. It’s function is to gather the intellectual output of the university for online public access. It was established in 2005, and now holds 99,000 papers, making it the 3rd largest in the United States, trailing only the University of California system (190,000) and the University of Michigan (120,000). It recently surpassed 50 million downloads, and is the nation’s current leader in that category. Alexa.com reports that the repository …

A ;-) At The Past And Future Of English, Tiffany Li

Faculty Scholarship

It is always with a certain amount of wry, knowing amusement that we turn to the thoughts of people from the past remarking on the future (that is, our present). It is similar to how slightly older children view slightly younger children. They were so innocent then, those thinkers of the past! Look at what they thought computers could do, what language could be! How adorably naïve! Not like us, we who have put away our childish things.

Of course, the science fiction of our present may someday seem as pathetically misconceived as that of the past. So, too, will …

Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri

Faculty Publications

In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions.

The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. This Article focuses on one overlooked, significant national problem: the sexual …

Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman

Cornell Law Faculty Publications

There is a quiet irony to be found in scholarly writings about the judiciary, which often center around high-profile jurists selected as the “great” judges. But there are great judges who do not receive or even want such widespread recognition, and who do not discuss their philosophy of judging—they simply focus on the job in front of them. Judges who operate with humility can often be very quiet about their legacies—brushing the issue off, as if uncomfortable with the attention. Anyone who knew Judge Richard D. Cudahy of the United States Court of Appeals for the Seventh Circuit will recognize …

A Political Companion To Frederick Douglass, Neil Roberts

Civil Rights

Frederick Douglass (1818–1895) was a prolific writer and public speaker whose impact on American literature and history has been long studied by historians and literary critics. Yet as political theorists have focused on the legacies of such notables as W. E. B. Du Bois and Booker T. Washington, Douglass's profound influence on Afro-modern and American political thought has often been undervalued. In an effort to fill this gap in the scholarship on Douglass, editor Neil Roberts and an exciting group of established and rising scholars examine the author's autobiographies, essays, speeches, and novella. Together, they illuminate his genius for analyzing …

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.

De-Segregating Attire: How Appearance Has Guided History, Greeny V. Valbuena

DePaul Journal of Women, Gender and the Law

No abstract provided.

Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri

Missouri Law Review

This is a watershed moment for public awareness of sexual harassment. In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. …

The Past, Present, And Future Of The Mitigation Profession: Fulfilling The Constitutional Requirement Of Individualized Sentencing In Capital Cases, Russell Stetler

Hofstra Law Review

No abstract provided.

Russia's Frozen Conflicts And The Donbas, Erik J. Grossman

The US Army War College Quarterly: Parameters

No abstract provided.

Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson

Cleveland State Law Review

This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section III …

Law School Clinics And The Untapped Potential Of The Court Watch, Jessica Steinberg

Indiana Journal of Law and Social Equality

No abstract provided.

Lacking Regulated Policy For Dna Evidence, Maia Lister

Themis: Research Journal of Justice Studies and Forensic Science

Despite its strong presence in criminal justice, DNA analysis is still a minimally regulated area. This minimal regulation devalues DNA evidence through the inconsistencies in these areas. The analysis methods of low template DNA lack a uniform method resulting in varying levels of reliability. Utilizing familial searches to assist in criminal investigations can potentially violate citizen rights. Such violations can also be found in the collection of DNA samples before an arrestee is tried or convicted. There are, however, regulations that could be applied universally to combat the problems that were discussed.

Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman

DePaul Law Review

No abstract provided.