Digital Commons Network^™

Happy Spells? Constructing And Deconstructing A Private-Law Perspective On Subsidiarity, Peer Zumbansen

Law and Contemporary Problems

No abstract provided.

Criminal Punishment - Legal And Moral Considerations, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides

Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Rebecca Tharme, Riverfutures Ltd.

18 slides

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

Looking To The Third Sovereign: Tribal Environmental Ethics As An Alternative Paradigm, Elizabeth Ann Kronk Warner

Pace Environmental Law Review

This article considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer—quite a substantial role. Tribes must straddle two worlds—a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental …

My Dreaming - Boobera Lagoon - Gamilaroi Country, Phil Duncan, Thawun Birru, Gomeroi Nation

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

2 pages (includes color illustrations)

Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Indigenous Water Justice Symposium (June 6)

Indigenous peoples throughout the world face diverse and often formidable challenges of what might be termed “water justice.” On one hand, these challenges involve issues of distributional justice that concern Indigenous communities’ relative abilities to access and use water for self-determined purposes. On the other hand, issues of procedural justice are frequently associated with water allocation and management, encompassing fundamental matters like representation within governance entities and participation in decision-making processes. Yet another realm of water justice in which disputes are commonplace relates to the persistence of, and respect afforded to, Indigenous communities’ cultural traditions and values surrounding water—more specifically, …

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …

Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl

Genocide Studies and Prevention: An International Journal

No abstract provided.

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Minnesota Journal of Law & Inequality

Symposium: Playing with Pride: LGBT Inclusion in Sports

Replay That Tune: Defending Bakke On Stare Decisis Grounds, Charles Adside Iii

Cleveland State Law Review

The announcement from the United States Supreme Court to reconsider Fisher v. University of Texas at Austin (Fisher I) presents an opportunity to revisit Regents of the University of California v. Bakke, which controls affirmative action jurisprudence. This Article argues that Bakke is immune from reversal under stare decisis principles, because the use of race in admission programs is deeply engrained in our constitutional law. The Court's race ideologues seek, however, to alter Bakke to reflect their vision of racial equality. In Fisher II, the Court should not change its jurisprudence to reflect any doctrinal extreme.

Arguing that Bakke was …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Coco Way Before Chanel: Protecting Independent Fashion Designers’ Intellectual Property Against Fast-Fashion Retailers, Tiffany F. Tse

Catholic University Journal of Law and Technology

No abstract provided.

My Brother Slaves, Sergio A. Lussana

Civil Rights

Trapped in a world of brutal physical punishment and unremitting, back-breaking labor, Frederick Douglass mused that it was the friendships he shared with other enslaved men that carried him through his darkest days.

In this pioneering study, Sergio A. Lussana offers the first in-depth investigation of the social dynamics between enslaved men and examines how individuals living under the conditions of bondage negotiated masculine identities. He demonstrates that African American men worked to create their own culture through a range of recreational pursuits similar to those enjoyed by their white counterparts, such as drinking, gambling, fighting, and hunting. Underscoring the …

Neighborhood Perceptions Of Proximal Industries In Progress Village, Fl, Laura E. Baum

USF Tampa Graduate Theses and Dissertations

Progress Village, a historically Black neighborhood outside of Tampa, FL, encountered structural violence that included construction of an adjacent phosphogypsum stack. Why the neighborhood signed a legal agreement with the stack’s operating industry and the impacts of this decision provides a lesson in critical environmental justice. Theories of urban political ecology frame exploration of resident priorities, relationships with industry, risk perceptions, and health concerns. Utilizing activist anthropology, this thesis aims to be mutually beneficial to scholarly and neighborhood development. Ultimately, this research demonstrates how southern gradualism, racism, and a trend towards isolationism created today’s striving, yet marginalized and divided community. …

A Functional Approach To Copyright Policy, Robert E. Suggs

University of Cincinnati Law Review

No abstract provided.

Commencement Program And Complete Video Recording, Marc L. Hamroff, A. Gail Prudenti, Eric Lane

Commencement & Awards Ceremonies

Maurice A. Deane School of Law Ceremony, featuring Marc L. Hamroff ’83, managing partner of Moritt Hock & Hamroff LLP, and Judge A. Gail Prudenti, the School of Law’s executive director of the Center for Children, Families and the Law and special advisor to Dean Eric Lane.

171st 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

English Language Instruction, Student Engagement, And Sustainable Practices In Rural Ecuador, Pablo J. Sanchez, Morgan R. Zajkowski

Journal of Vincentian Social Action

St. John’s University’s Vincentian Institute for Social Action aims to develop student commitment to social justice through required coursework, international travel, and community service. A strong theoretical foundation ensures that administrators and students are consistently reflecting on the dynamics of power and engaging with community members in an ethical manner. Our framework should continue conversations with the community about the value of foreign language education in their particular regional and global context and encourage students to see themselves as part of a sustainable process. Where many universities and organizations provide volunteer experiences similar in theory, we hope to improve on …

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction …

Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel

ENV 434 Environmental Justice

The research of the Lao government, its hydroelectric dams, and its responses to its project was done through an environmental justice lens. It is an interdisciplinary research that explores the political corruption, the role of media, and the environment in order to frame the Lao government and the reasoning behind their unjust activities.

The Costs Of Charter Litigation, Alan Young

Commissioned Reports, Studies and Public Policy Documents

“The enactment of the Charter of Rights and Freedoms in 1982 fundamentally altered both the substance and form of constitutional review. In the first decade of Charter litigation, many novel claims were advanced and resolved, yet there still remained a great deal of confusion with respect to the scope of the substantive principles and the procedural mechanisms for raising and applying them. After 35 years, most of the relevant constitutional principles have been solidified and clarified, as have the guidelines on the procedures for mounting a constitutional challenge. However, despite the great achievements of the past three and a half …

Rights Of Minorities And Neglected Groups, Deni Barci

Honors College Theses

The right of minorities and disadvantaged groups are essential to human rights and democracy. These issues are multilayered and each specific case presents its own challenges. To further understand the minority rights dilemma, the struggles of minority groups in the United States will be highlighted, as well as the Roma population in Macedonia. The comparison of domestic minority treatment within the United States and how minorities are treated in other nations will help to paint a broader picture of the difficulties that minorities across the world experience. The Roma in Macedonia have faced a more traditional form of limitation of …

Ian Harper, Tobias Kelly & Akshay Khanna's The Clinic And The Court: Law, Medicine, And Elizabeth Mertz, Anthropology & The Role Of Social Science In Law (Review Essay), Anya Bernstein

Book Reviews

This essay reviews The Clinic and the Court (Ian Harper, Tobias Kelly, and Akshay Khanna eds., 2015) and The Role of Social Science in Law (Elizabeth Mertz ed., 2008). One edited volume focuses on medicine; the other on social science. Each shows how expert discourses interact with the expert discourse of law, being shaped by it and shaping it from the inside. And each provides a chance to consider how we can study the role of context in law: how to recognize moments where legal actors pick out aspects of the world as relevant, how to evaluate their interpretations of …

Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper

Richmond Journal of Law and the Public Interest

This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …

Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper

Richmond Public Interest Law Review

This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …

Book Review Of Making The Modern American Fiscal State: Law, Politics And The Rise Of Progressive Taxation By Ajay K. Mehrotra, Steven A. Bank

Journal of Legal Education

No abstract provided.