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2015-16 Symposium Transcript: The Global Refugee Crisis

Connecticut Journal of International Law

There have always been refugees: people forced from their home countries by war, persecution, or other types of-violence and who must seek new homes and new lives abroad. But the world is now experiencing a crisis of a greater scope and severity than anything it has seen in decades. The ongoing refugee crisis has placed unprecedented strains on international, regional, and national institutions, and exacerbated longstanding tensions and unresolved questions in the global ftamework for refugee protection. The Connecticut Journal of International Law explored the issues and challenges faced by the refugee protection regime in its 2016 symposium, The Global …

The Social Transmission Of Racism, Lisa C. Ikemoto

Tulsa Law Review

Reviewing Osagie K. Obasogie, Blinded by Sight: Seeing Race Through the Eyes of the Blind (Stanford University Press 2014) and Robert Wald Sussman, The Myth of Race: The Troubling Persistence of an Unscientific Idea (Harvard University Press 2014).

Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines

Tulsa Law Review

Reviewing James E. Milterno, The American Legal Profession in Crisis: Resistance and Responses to Change (Oxford University Press 2013); Deborah L. Rhode, Lawyers as Leaders (Oxford University Press 2013), and Robin L. West, Teaching Law: Justice, Politics, and the Demands of Professionalism (Cambridge University Press 2013).

Territory Delimited, Bartholomew Sparrow

Tulsa Law Review

Reviewing Stuart Elden, The Birth of Territory (University of Chicago Press 2013).

Are Women Silent Or Silenced?, Susan Gluck Mezey

Tulsa Law Review

Reviewing Christopher F. Karpowitz & Tali Mendelberg, The Silent Sex: Gender, Deliberation and Institutions (Princeton University Press 2014).

For The Love Of Contract, Zvi H. Triger

Tulsa Law Review

Reviewing Martha M. Ertman, Love's Promises: How Formal and Informal Contracts Shape All Kinds of Families (Beacon Press 2015).

Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America, Kunal M. Parker

Tulsa Law Review

Reviewing Kevin M. Kruse, One Nation Under God: How Corporate America Invented Christian America (Basic Books 2015); Adam Laats, The Other School Reformers: Conservative Activism in American Education (Harvard University Press 2015); and Reuel Schiller, Forging Rivals: Race, Class, Law, and the Collapse of Postwar Liberalism (Cambridge University Press 2015).

Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus

Catholic University Law Review

Reviewing Establishment Clause jurisprudence of the Supreme Court, this article notes that the current state of this area of law is in hopeless disarray and argues that the Court should resolve this confusion by employing a few proposed solutions. The article begins by reviewing and analyzing the confusion surrounding modern Establishment Clause jurisprudence. The article then discusses what interpretation of the Establishment Clause should be controlling: strict-separationism, nonpreferentialism, enhanced federalism, or the incorporation doctrine. Next, the article details what is wrong with modern establishment clause jurisprudence, namely, the Court’s inconsistent application of different tests to assess government action under the …

The Role Of The Popes In The Invention Of Complementarity And The Vatican's Anathematization Of Gender, Mary Anne Case

Articles

No abstract provided.

Legal Interpretation By Computer: A Survey Of Interpretive Rules, Eric Engle

Akron Intellectual Property Journal

This article presents a survey of legal interpretive rules. The rules presented in this survey are used as the rule base in the computer program accompanying this article, an expert system. The computer program models legal decision-making and uses the rules presented to make legal decisions, generating a report to justify the decision reached. Legal interpretation is chosen as a model for computation representation because understanding interpretive methods is useful for any jurist seeking creative arguments. This survey of legal interpretive rules is of both a theoretical and practical interest.

Neglected Dimensions Of Global Security: The Global Health Risk Framework Commission, Lawrence O. Gostin, Carmen C. Mundaca-Shah, Patrick W. Kelley

Georgetown Law Faculty Publications and Other Works

The world has experienced global health crises ranging from novel influenzas (H5N1 and H1N1) and coronaviruses (SARS and MERS) to the Ebola and Zika viruses. In each case, governments and international organizations seemed unable to react quickly and decisively. Health crises have unmasked critical vulnerabilities— weak health systems, failures of leadership, and political overreaction and underreaction. The Global Health Risk Framework Commission, for which the National Academy of Medicine served as the secretariat, recently set out a comprehensive strategy to safeguard human and economic security from pandemic threats.

Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa, Stephanie Jade Bollinger

Brigham Young University Education and Law Journal

No abstract provided.

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.

Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing, Justin Amirian

Fordham Urban Law Journal

Lie detection; fMRI; Evidence; polygraph

Resisting Commercialism, Rakesh K. Anand

Fordham Urban Law Journal

No abstract provided.

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Fordham Urban Law Journal

No abstract provided.

Training For Bargaining, Jenny Roberts, Ronald F. Wright

William & Mary Law Review

While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they will use every day.

Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multiphase field study examines the negotiation techniques that attorneys use during plea bargaining as well as their preparation and training for negotiation. This Article explores the data on the training aspects of …

The Evolution Of Greece's Security Legislation And Policy, Andreas Borgeas

Journal of International and Comparative Law

No abstract provided.

Berle Vii: The Modern Corporation And A Theory Of Fields, Charles R. T. O'Kelley

Seattle University Law Review

On May 26-27, 2015, scholars disparately trained in law, anthropology, economics, political science, history and sociology gathered in Seattle for the seventh annual Berle Symposium. As with prior symposia, a principal aim of Berle VII was to shed light on the nature of the modern corporation. As with prior symposia, the voices participating represented numerous disciplines. What sets Berle VII apart from its forerunners, however, was the decision to make social scientists the dominant voices, and to select a theory propounded by sociologists—field theory—as the focal point and backdrop for the symposium. This choice reflected a second principal aim of …

Corporations In The Flow Of Culture, Greg Urban

Seattle University Law Review

As an anthropologist, coming out of three decades of research among indigenous Brazilian populations, I naturally saw modern for-profit business corporations as tribes—the collective bearers of adaptive cultural know-how. They appeared to me to be the entities housing the culture needed to produce commodities, to trade commodities on the open market, or both. I was also, of course, aware of the legal concept of the corporation as fictive person capable of owning property and having standing in court cases, which I thought of as akin to the anthropological corporation insofar as both recognized the group as social actor. However, it …

Culture In Corporate Law Or: A Black Corporation, A Christian Corporation, And A Māori Corporation Walk Into A Bar . . ., Gwendolyn Gordon

Seattle University Law Review

Recent Supreme Court cases have entrenched a new image of corporate civic identity, assigning to the corporate person rights and abilities based upon the cultural characteristics, social ties, civic commitments, and internal lives of the human beings involved in it. This vision of the corporation is exemplified in recent cases implicating a corporate right to engage in political speech (Citizens United v. Federal Election Commission) and a right of corporations to be free of government interference regarding religious convictions (Burwell v. Hobby Lobby Stores, Inc.). Although much is being written about the soundness of the results in these cases and …

Law And The Theory Of Fields, Frank Partnoy

Seattle University Law Review

The distinction between “material” and “existential” plays a prominent role in A Theory of Fields, and it played a prominent role in discussions at the Berle VII Symposium. In general, the authors advocated the importance of the ongoing use of social skills and the collaborative efforts to seek meaning, particularly in ways beyond the merely “material.” However, the extent to which rules might matter in these efforts was less clear. Overall, Fligstein and McAdam seek to use the concept of a strategic action field to develop a theory of social change and stability. Yet social change and stability are inextricably …

Notes On The Difficulty Of Studying The Corporation, Marina Welker

Seattle University Law Review

In the award-winning documentary The Corporation, public intellectuals and activists characterize corporations as “externalizing machines,” “doom machines,” “persons with no moral conscience,” and “monsters trying to devour as much profit as possible at anyone’s expense.” In other footage, people on the street personify corporations: “General Electric: a kind old man with lots of stories;” “Nike: young, energetic;” “Microsoft: aggressive;” “McDonald’s: young, outgoing, enthusiastic;” “Monsanto: immaculately dressed;” “Disney: goofy;” “The Body Shop: deceptive.” The documentary, like screenwriter and legal scholar Joel Bakan’s book The Corporation: The Pathological Pursuit of Profit and Power, imparts dissonant messages about corporations. On the one hand, …

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

The Role Of The Popes In The Invention Of Complementarity And The Vatican's Anathematization Of Gender, Mary Anne Case

Public Law and Legal Theory Working Papers

No abstract provided.

Constitutional Design Without Constitutional Moments: Lessons From Religiously Divided Societies, Hanna Lerner, Ash Bali

Cornell International Law Journal

No abstract provided.

No.35 - March 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Community Development Agreements (CDAs) have the potential to facilitate the delivery of tangible benefits from large-scale investment projects, such as mines or forestry concessions, to affected persons and communities. To be effective, however, CDAs must be adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which can be required by governments, voluntarily adopted by companies, and demanded by communities. These practices are grounded in ensuring that all parties are sufficiently informed, capacitated, and prepared to engage in meaningful negotiations regarding how the investor’s operations should …