Digital Commons Network^™

Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris

Chicago-Kent Law Review

For more than thirty years, the central questions of the law of parentage have been when and to what extent determinations of legal parenthood should be based on biological relationship, marriage to a child’s biological parent, or functioning as or intending to be a parent. In Obergefell v. Hodges, the Supreme Court endorsed the claim that children whose parents are married are better off socially and legally than nonmarital children; its language could easily be taken to support legal rules that encourage or prefer childrearing within marriage. On the other hand, the Court’s argument assumes that the same-sex couple—both members—are …

Martin Luther King, Jr. Lecture - "It's Set Up For Failure… And They Know This!": How The School-To-Prison Pipeline Impacts The Educational Experiences Of Street Identified Black Youth And Young Adults, Yasser Arafat Payne, Tara Marie Brown

Villanova Law Review (1956 - )

No abstract provided.

Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman

Contributions to Books

Published as chapter 3 in Gene Editing, Law, and the Environment, Irus Braverman, ed.

Synthetic gene drives raise ethical, ecological, and legal questions that are sometimes difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but the genetics of entire populations and species are currently both under-regulated and under-theorized. In place of state regulations, what seems to be emerging is a form of self-regulation by the gene drive scientists themselves. My chapter draws on in-depth interviews with several prominent gene drive scientists to explore their approach toward nature, …

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 8, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas

The Scholarship Of Resonance In An Era Of Discord, Frank Pasquale

Seton Hall Law Review

No abstract provided.

A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw

University of Miami Race & Social Justice Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2017

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Free Will's Enormous Cost: Why Retribution, Grounded In Free Will, Is An Invalid And Impractical Penal Goal, Matthew D. Moyer

Notre Dame Law Review

The lack of free will in human experience causes clear problems for criminal punishment. Free will is a central assumption of retribution; without the free choice to tear the moral fabric of society, one’s actions cannot warrant that she receives punishment. For its invalidity and cost, retribution should not be used as a penological goal in the creation of laws or sentencing. Utilitarian goals, aimed at the social good, should be used in retribution’s place.

Santa Clara Magazine, Volume 58 Number 2, Summer 2017, Santa Clara University

Santa Clara Magazine

18 - LISTENING IS HER SUPERPOWER The groundbreaking stage work of Anna Deavere Smith. By Jesse Hamlin.

22 - CASTS A SHADOW Travel bans: Four international graduate students respond. By Matt Morgan.

24 - A BIGGER STAGE Priest, social worker, CEO, and teller of stories: Jim Purcell on what drew him to Santa Clara—and what Jesuit education can be. By Steven Boyd Saum.

28 - THE GOOD, THE BAD, AND THE KID Ron Hansen M.A. ’95 talks truth and fiction and Billy the Kid—and when you can’t tell the good guys from the bad guys.

38 - DISCOVER. INNOVATE. A …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The field of Employment Discrimination continued to be alive and well during the 2016 survey period. Although the United States Court of Appeals for the Eleventh Circuit continued its recent trend of issuing the vast majority of its employment discrimination cases as unpublished opinions (often per curiam opinions affirming a summary judgment for the employer), the court of appeals rendered far more published opinions during the survey period than has recently been its practice. The Eleventh Circuit issued six published Title VII opinions, and fifteen published employment discrimination opinions overall. For instance, in Villarreal v. R.J. Reynolds Tobacco Co., …

Indigenous Autonomy In Colombia: State-Building Processes And Multiculturalism, Pablo Rueda-Saiz

Articles

This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws …

Trigger Warnings: From Panic To Data, Francesca Laguardia, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

Following a practice originated online, university faculty and staff have increasingly used “trigger warnings” to alert students to the possibility that they might be affected or even harmed by potentially traumatic material. This practice has led to a passionate debate about whether such warnings stifle or encourage student expression and academic freedom, and whether they are beneficial or detrimental to learning. In this article, we illustrate the history and current state of this debate, and examine the scientific support for the arguments for and against the use of such warnings. Specifically, we question the scientific basis for the suggestion that …

Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun

Independent Study Project (ISP) Collection

After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration. From interviewing genocide …

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Reconsidering Prejudice In Alternative Dispute Resolution For Black Work Matters, Michael Z. Green

Faculty Scholarship

In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the power differentials exacerbated by informal dispute resolution, and the article contributed immediately to a surge of robust critiques of the increasing use of alternative dispute resolution for those most vulnerable in our society.

More than thirty years after the Delgado article, a community of respected and prominent ADR and discrimination scholars, …

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski

American Indian Law Journal

No abstract provided.

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 4, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas

Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Zika, Feminism, And The Failures Of Health Policy, Johanna Bond

Washington and Lee Law Review Online

The Zika epidemic caused serious concerns about fetal health throughout Latin America and some southern states in the United States. The prevailing governmental response throughout the region continues to emphasize two disease control factors: pregnancy delay and mosquito abatement. This essay argues that the current health policy approach of the World Health Organization, the Centers for Disease Control, and various national governments fails in three primary ways. First, the approach does not adequately consider the intersection of gender and poverty; thus, the current policy fails to respond to the needs of women living in poverty. Second, the health policy response …

Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan

Dissertations, Theses, and Capstone Projects

While both men and women are affected by conflicts and humanitarian crises, 80 percent of the world’s refugees and internally displaced persons are women and children, indicating that women experience conflict and war differently. The emphasis on women’s vulnerability during conflicts and humanitarian crises leads to their exclusion from leadership roles and decision-making on humanitarian programs and issues that impact them. Though women experience numerous socio-cultural barriers to exercising leadership in humanitarian settings, they have taken on important roles in emergency response and in refugee camps. This paper traces the progress of UN and humanitarian agencies recognition and development of …

Discourses Of Death: The Influence Of Language On Capital Jurors’ Decisions., Robin Conley-Riner

Journal of Criminal Justice and Law

This paper explores the role that language plays in capital jurors’ sentencing decisions. The research is based on ethnographic fieldwork in Texas death penalty trials, which included post-verdict interviews with jurors who served on those trials. A comparative linguistic analysis was conducted in which the language used in trial, including attorneys’ and judges’ talk in court and jurors’ written instructions, was compared with the language of jurors’ post-verdict interview responses. The paper explores how jurors negotiated the moral difficulty of sentencing another human being to death. The analysis reveals that jurors used language modeled for them in trial as a …

No.40 - June 2017, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Law And Religion In Bangladesh, Jahid Hossain Bhuiyan Dr. Md.

BYU Law Review

The Indian subcontinent (India, Pakistan, and Bangladesh) has been a center for a variety of religious traditions. Its multicultural and multireligious character makes it a crucible for religious tolerance. The resurgence of local cultural and religious consciousness under the influence of modernity and globalization has resulted in increasing complications in relation to the interaction between religious traditions. Religious tolerance in independent Bangladesh also has always been a fundamental value. It has been cherished by the followers of all religions. The object of this article is to trace the history of religious freedom of religious minorities in Bangladesh. It also examines …

Crispr Gmos, Paul Enríquez

North Carolina Journal of Law & Technology

No abstract provided.

Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi

BYU Law Review

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …

Is Restorative Justice Doing Enough To Address The Power Imbalances Caused By Systems Of Privilege And Oppression, Matthew Furnell

Capstone Collection

Restorative justice is an ever growing philosophy which is causing a paradigm shift in the way society understands and responds to crime, punishment and victimization. The State of Vermont has become a pioneer and an example of how to implement restorative practices into the official criminal justice system, developing an alternative process to traditional punitive approaches. However, it is now more important than ever to ensure that there is not a false sense of success or a level of complacency in the further development of restorative practices. It is time to critically analyse the current restorative process and explore the …

Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross

American Indian Law Journal

No abstract provided.

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

172nd University Of Notre Dame Commencement Program, University Of Notre Dame

Commencement Programs

The Commencement Program includes

• Schedule of Events
• Graduate School Ceremony
• Law School Ceremony
• Mendoza College of Business Graduate School Ceremony
• University Commencement Exercises
• University Commencement Ceremony
• Undergraduate Commencement Diploma Ceremonies
• Honorary Doctoral Degrees
• Laetare Medal Recipient Speaker
• Valedictorian Candidates
• Honor Societies
• Student and Faculty Awards and Prizes
• Degree Candidate Names

The Arctic: Science, Law, And Policy, Charles H. Norchi, Paul A. Mayewski

Ocean and Coastal Law Journal

In 1959, Sir Charles Snow (C.P. Snow) delivered a lecture at Cambridge University entitled The Two Cultures and the Scientific Revolution in which he identified a duality of cultures. There were the scientists and the humanists--two dimly acquanited cultures that rarely communicated, and when they did it was usually at cross-purposes. One culture was contentedly unknowing and skeptical of science, and the other was marginal to the great social questions of the time. For C.P. Snow, the polarization and lack of communication between the two groups could be fatal to the Western World. The 21st century has also revealed polarized …