Digital Commons Network^™

Silencing Discipline In Legal Education, Lucille A. Jewel

Scholarly Works

In current times, the production of critical legal knowledge has become constrained by a neoliberal education mindset that emphasizes economic performance and measured outcomes over critical thought. In this essay, I argue that academic freedom, in the sense of being free to speak, write, and teach critical knowledge, both in the intellectual sense and in the law practice sense, is being eroded. And, I urge my critically minded colleagues that are traditional law scholars (tenure-track or tenured) to consider the circumstances of law teachers who currently do not have the protections of tenure but who generate valuable knowledge, particularly in …

Ethical Finance As A Systemic Challenge: Risk, Culture, And Structure, Saule T. Omarova

Cornell Journal of Law and Public Policy

This Article analyzes the principal themes in the newly reinvigorated public debate on the role of ethical norms and cultural factors in financial markets and identifies its key conceptual and normative limitations. It argues that the principal flaw in that debate is that it tends to ignore the critical role of systemic, structural factors in shaping individual firms' internal cultural norms and attitudes toward legitimate business conduct. Reversing the causality assumption underlying the current academic and policy discourse on institutional culture, the Article discusses how broader reform measures seeking to alter the fundamental structure and dynamics of the financial market-on …

Are We Economic Engines Too? Precarity, Productivity, And Gender, Martha T. Mccluskey

Journal Articles

No abstract provided.

Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn

West Virginia Law Review

No abstract provided.

Community Orchards And Food Security In Appalachia, Ursula Ramsey

West Virginia Law Review

No abstract provided.

Silent, Spoken, Written, And Enforced: The Role Of Law In The Construction Of The Post-Colonial Queerphobic State, Chan Tov Mcnamarah

Cornell International Law Journal

Debates over the origins of queerphobia in post-colonial African nations are legion. The conversation is dominated by opinions that paint Africans as inherently more violent towards, and less tolerant of sexual minorities than their Western counterparts. Less present in the conversation is the view that colonially-imposed laws have played a significant role in the creation of queerphobic, post-colonial African states. However, as this Note contends, neither perspective fully accounts for regional variations in levels of queerphobia throughout the African continent. In response, this Note presents a model that tracks the role of law in the production of queerphobic sentiment prior …

Who Owns North Carolina? Econometric, Geospatial, And Interview Analyses Of Land In Appalachian North Carolina For Land Policy Reform In The Appalachians: A Research Design And Findings To Date, Jacob Meadows

West Virginia Law Review

No abstract provided.

Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen

Criminal Justice and Law Grants Collections

This Grants Collection for Criminology was created under a Round Nine ALG Textbook Transformation Grant.

Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.

Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:

• Linked Syllabus
• Initial Proposal
• Final Report

What's Next: Counter-Stories And Theorizing Resistance (Foreword), Tayyab Mahmud

Faculty Articles

No abstract provided.

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

Journal Articles

This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and land-use implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …

Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker

Articles & Book Chapters

In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity.These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 percent …

Pearl Lagoon's White Lobster: The Societal, Economic, Political And Autonomous Effects, Rafely Palacios

Independent Study Project (ISP) Collection

The Atlantic Coast of Nicaragua is home to the greatest number of impoverished individuals in the country. However, the people of Pearl Lagoon - a municipality in the South Caribbean Coast Autonomous Region - have found a way to escape their poor economic situations.

Due to the municipality’s close proximity to drug routes utilized by Colombian cartels and to the country itself, community members have turned to the drug trade in hopes of pursuing financial secureness. With the introduction of the “white lobster” or cocaine packets, the community as a whole has transformed its social, economic, and political spheres. In …

Corruption Devolved: People’S Perceptions On Devolutions Impact On Transparency, Accountability And Service Delivery By The Government Of Kisumu County, Kenya, Julia Fonshell

Independent Study Project (ISP) Collection

In 2010, Kenya introduced a new constitution and with it the introduction of the concept of a decentralized government. The devolved system of government was implemented in 2013 and granted each of the 47 counties in Kenya, such as Kisumu County, greater autonomy, resources and ability to serve its people. This study aims to compile a thorough understanding of people’s perception on how devolution has impacted transparency, accountability and service delivery of the government of Kisumu County, Kenya within its five years.

The study is comprised of a series of interviews on the premises of the Kisumu County Assembly with …

The Idea Of "The Criminal Justice System", Sara Mayeux

Vanderbilt Law School Faculty Publications

The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the phrase. However, this way of describing and thinking about police, courts, jails, and prisons, as a holistic "system, " became pervasive only in the 1960s. This essay contextualizes the idea of "the criminal justice system" within the longer history of systems theories more generally, drawing on recent scholarship in intellectual history and the history of science. The essay then recounts how that longer history converged, …

Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Eduard Fosch Villaronga, Peter Kieseberg, Tiffany Li

Faculty Scholarship

To understand the Right to be Forgotten in context of artificial intelligence, it is necessary to first delve into an overview of the concepts of human and AI memory and forgetting. Our current law appears to treat human and machine memory alike – supporting a fictitious understanding of memory and forgetting that does not comport with reality. (Some authors have already highlighted the concerns on the perfect remembering.) This Article will examine the problem of AI memory and the Right to be Forgotten, using this example as a model for understanding the failures of current privacy law to reflect the …

Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker

Virginia Coastal Policy Center

No abstract provided.

Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.

Legalizing Assisted Dying: Cross Purposes And Unintended Consequences, Emily Jackson

Dalhousie Law Journal

In the UK, assisted dying continues to be unlawful, and pro-legalization campaigners have made use of human rights based applications for judicial review and Private Members Bills in order to try to change the law. Interestingly, however, the proposed statute would not offer an assisted death to many of the litigants who have sought to force Parliament's hand. This article considers whether this a one-off peculiarity, or whether there might be other mismatches between what the law can achieve and what matters most to people who are seeking an assisted death for themselves. It also explores what seems to be …

Newark Enrolls: A Principled Approach To Public School Choice, Kimberly Austin, Lucero Batista, Mahua Bisht, Andrew Karas, Jesse Margolis, Andy Sonnesyn

Center for Public Research and Leadership

Over the last 40 years, states and districts have increased choice among public schools through the creation of magnet, charter, and other specialized schools and through district-led open enrollment processes, among other approaches. These efforts, however, have at times created new inequities.

Families with greater access to information about schools and enrollment deadlines and those with more time and capacity to complete and submit applications are in a better position to exercise choice more effectively. Families also use whatever personal connections they have to help their children secure a seat in high-demand schools, which benefits some families more than others. …

The Language-Game Of Privacy, Joshua A.T. Fairfield

Michigan Law Review

A review of Ronald J. Krotoszynski, Jr., Privacy Revisited: A Global Perspective on the Right to Be Left Alone.

Gossip And Gore: A Ghoulish Journey Into A Philosophical Thicket, Sean Hannon Williams

Michigan Law Review

A review of Don Herzog, Defaming the Dead.

A Treatise On International Development Law, David H. Lempert

DePaul Journal for Social Justice

No abstract provided.

Capacity Building, Environmental Justice, And Brownfield Redevelopment: A Case Study Of Harvest Hope Park, Tampa Bay, Fl, Gabrielle R. Lehigh

USF Tampa Graduate Theses and Dissertations

Harvest Hope Park is a brownfield redevelopment project for the University Area Community Development Corporation (University Area CDC), a nonprofit organization dedicated to the sustainable redevelopment of north Tampa neighborhoods. While the project is still in progress, the University Area CDC has noted a lack of community engagement by local residents. The neighborhood, sometimes referred to as “suitcase city” because of the presumed transient nature of the population, has been plagued with poverty, blight, decay, high crime rates, and a lack of basic resources for decades (32 percent of the population in this area lives below the 2016 national poverty …

Graffiti With A Purpose: Sexual Violence & Social Justice Conversations In University Bathroom Stalls, Rachel E. Green, Miriam Northcutt Bohmert, Amanda N. Gesselman, Rasul Mowatt, Jennifer Maher, Justin R. Garcia

Qualitative Criminology (QC)

In 2014, our university began posting educational fliers in bathroom stalls across campus in order to share resources and policies on sexual violence, which spurred numerous forms of graffiti commentary about sexual violence prevention and response. Since some scholars have argued that bathroom graffiti can be a unique form of social commentary and even resistance facilitated by the tension of doing semi-private things in semi-public spaces, we examined 429 bathroom stall fliers across 11 heavily trafficked campus buildings, and a total of 177 graffiti comments/images. We then analyzed the relationships between comments in order to answer research questions about the …

Reconsidering The Immutability Of "Race": An Examination Of The Disconnect Between "Race" In Title Vii Jurisprudence And Social Science Literature, Natalie Tupta

Graduate Student Research Symposium

This paper discusses reconceptualizing racial discrimination under Title VII of the Civil Rights Act in light of modern social science theories on racial identity. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin, and the judiciary calls these bases for discrimination “protected classes.” To bring a successful legal claim under Title VII, a person must demonstrate that she actually belongs to a protected class. In the case of a claim of racial discrimination, this means the plaintiff must belong to a racial group based on immutable characteristics, which are traits that cannot simply …

Chairs, Stairs, And Automobiles: The Cultural Construction Of Injuries And The Failed Promise Of Law, David M. Engel

Contributions to Books

Published as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo

Chicago-Kent Law Review

When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from …

Current Issues In Qualitative Data Analysis Software (Qdas): A User And Developer Perspective, Jeanine C. Evers

The Qualitative Report

This paper describes recent issues and developments in Qualitative Data Analysis Software (QDAS) as presented in the opening plenary at the KWALON 2016 conference. From a user perspective, it reflects current features and functionality, including the use of artificial intelligence and machine learning; implications of the cloud; user friendliness; the role of digital archives; and the development of a common exchange format. This user perspective is complemented with the views of software developers who took part in the “Rotterdam Exchange Format Initiative,” an outcome of the conference.

The Santa Clara, 2018-03-01, Santa Clara University

The Santa Clara

No abstract provided.

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

Scholarly Works

The body of 19-year-old Sinoxolo Mafevuka was found in a communal toilet in the Cape Town, South African urban township of Khayelitsha. Sinoxolo had been viciously raped, strangled to death, and her body discarded, with her head under the toilet seat and her genitals displayed openly. Tragically, while Sinoxolo’s murder is a particularly brutal example, using a neighborhood toilet in many informal settlements is an incredibly dangerous activity, and there are estimates that 10.5 million South Africans do not have ready access to toilets. “Women, children and men of all ages are frequently robbed, raped, assaulted and murdered on the …