Digital Commons Network^™

The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James Cleith Phillips

Faculty Scholarship

At a time when some perceive law schools to be in crisis and the future of legal education is being debated, the structural shift toward law professors with Ph.Ds is an important, under-examined trend. In this article, we use an original dataset to analyze law school Ph.D hiring trends and consider their potential consequences. Over the last fifty years the proportion of law professors with Ph.Ds has risen dramatically. Over a third of new professors hired at elite law schools in recent years come with doctoral degrees in fields outside the law. We use our data to consider the scope, …

Success Strategies Saudi Entrepreneurs Used To Navigate Through Regulations In Jeddah, Farah Mehar Spencer

Walden Dissertations and Doctoral Studies

Saudi Arabian entrepreneurs face major difficulties with the country's complex regulatory system. Based on Schumpeter's theory of entrepreneurship, the purpose of this phenomenological study was to reveal the lived experiences of Saudi entrepreneurs in navigating regulatory procedures in Jeddah. Data were collected through prolonged, face-to-face phenomenological interviews with 22 Saudi businesspeople who started successful businesses. The van Kaam method and member checking helped validate the transcribed data, which were subsequently coded into 4 themes. Four themes emerged from the data analysis: (a) obstacles in regulatory processes, (b) lack of information, (c) cumbersome procedures and need for alternatives to stringent protocols, …

Complete V.8 No.2

Journal of Civil Law Studies

No abstract provided.

Invitation Au Voyage, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli

Journal of Civil Law Studies

This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …

When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton

City University of New York Law Review

No abstract provided.

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …

The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder

DePaul Journal of Women, Gender and the Law

“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …

The Relationship Between Human Rights And Judicial Globalization, Klodian Rado

The Transnational Human Rights Review

There are numerous academic writings about the actors, factors, and mechanisms that shape and drive human rights at national, transnational, and international levels. However, the relationship between human rights and the process of judicial globalization remains underexplored in recent scholarship, and the purpose of this study is to explore such a relationship and its effects. First, we provide a brief theoretical background of both human rights and judicial globalization concepts, and then, we focus on the relationship between them. By investigating existing empirical data, we uncover how judicial globalization is effecting and shaping human rights through various mechanisms and their …

The Social Value Of Academic Freedom Defended, J. Peter Byrne

Indiana Law Journal

In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …

The Tohono O'Odham Nation And The United States-Mexico Border, Peter Heidepriem

American Indian Law Journal

No abstract provided.

The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt

LLM Theses

In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, a multi-fold increase has occurred in the number of complaints filed with the Human Rights Commission of Canada from dozens to hundreds. The first such significant complaint to be heard by the Canadian Human Rights Tribunal was filed by the First Nation Child and Family Caring Society along with the Assembly of First Nations (the Complaint). The Complaint alleges Canada's funding with respect to First Nation …

Tulalip Tribes V. Suquamish Indian Tribe, Kevin B. Rechkoff

Public Land & Resources Law Review

In a longstanding battle between two entrenched Indian tribes, the Ninth Circuit reaffirmed fishing access doctrines established in the Boldt Decisions. Consequentially, the Boldt Decisions have been confirmed as the preeminent authority in determining tribal fishing rights in conjunction with treaties and inter-tribal conflicts. By applying the Boldt standards of “usual and accustomed,” the Ninth Circuit demonstrated its commitment to giving tribes a wide breadth in establishing claims to fishing grounds off reservation. In the future, fishing treaty litigation will continue with the Boldt standard’s low burden of proof for tribes asserting fishing access rights.

Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This study focuses on the manner in which gender identities challenge heteronormativity and are understood as a way to interpret the sexed body through culture in the documentary Muxes: auténticas, intrépidas, buscadoras del peligro (2005), directed by Mexican filmmaker Alejandra Islas Caro. In the context of a Gender Issues in Latin America course taught in a North American university, we explored how certain theories by thinkers such as Simone de Beauvoir, Pierre Bourdieu, and Judith Butler, among others, contend that sexual preference, gender orientation, and sexuality, can be built as a cultural constructs, contrary to popular beliefs on the subject. …

Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Students at the beginning levels of foreign language study have many borders to cross and many challenges to negotiate. This paper reports the results of a preliminary study involving the use of full-length films to engender intercultural sensitivity and understanding among two groups of first-year students of Spanish. Both films depict hardships of children in Spanish-speaking countries—as a result of conscription or as a result of child labor. The paper discusses the contextualization of the films for the students, the students’ responses to questionnaires, portions of classroom discussion that indicate growth in the areas of focus, and implications of the …

Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This article explores the manner in which popular films from Colombia—

specifically comedies, such as the movie El paseo, directed by Harold Trompetero in 2010, which has been the highest grossing movie to date in the history of movies produced in Colombia–may be used in the classroom in the context of a World Language, Literature, and Culture department in the United States. It is the contention of this study that such a choice is far from common due to diverse issues, which include the limited access to international distribution of the majority of the so-called “national film” or, in …

Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of cinema as a tool for teaching about Arab culture and assesses the process in which learners acquire a higher level of intercultural communicative competence. The essay draws primarily on multilayered class activities and students’ responses to pre- and post- screening surveys related to eight Arab films. The article reveals that the evaluation of the learners’ intercultural competence and their familiarity with Arab culture in particular is a long process that filled with misunderstandings, gaps, inconsistencies, and contradictions on the part of the learners. To successfully conduct this type of teaching, the article also points …

A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine

Notre Dame Law Review Reflection

Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach to religious doctrine. Specifically, this Part presents a summary of problems posed by the hands-off approach, followed by a brief taxonomy of different forms of judicial inquiry into religion. This Part aims to clarify which forms of inquiry are permissible—and typically necessary—for adjudication of a case involving a religious claim, and which forms of inquiry are precluded under the hands-off doctrine. Part II of this Essay applies the hands-off framework to the Hobby Lobby decision, considering the taxonomy of forms of judicial inquiry into …

Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.

Cultural Encounters, Conflicts, and Resolutions

La Haine, (Dir. Mathieu Kassovitz, 1995) and La Désintégration (Dir. Philippe Faucon, 2011), set in France’s urban periphery, depict the struggle of second and third-generation immigrants growing up in the housing projects and their desire to live like ‘other’ French young people. The analysis offers a comparative study of the films’ reception with a community of viewers made of American students in a Contemporary French Culture course. Following the three paradigms of exclusion (social, racial, and cultural); gender representation; and aestheticism and realism, this study demonstrates that, within certain limits, these cinematic propositions, of similar prophetic nature but different …

Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Intercultural Communicative Competence (ICC) is a cluster of capabilities that will become even more essential, not only to negotiate borders of many dimensions as globalization proceeds, but also to enhance the ability to maneuver one’s way in a world that changes by the minute. The process of developing ICC prepares the learner to manage and appreciate border crossings on many levels. This brief review of the literature offers a summary of the components of ICC, how it is similar to and different from other competences, and recommendations on how to assess it. This overview may be helpful when considering the …

Historicism And Holism: Failures Of Originalist Translation, Jonathan Gienapp

Fordham Law Review

    For as long as the U.S. Constitution has existed, Americans have appealed to the history of its creation to interpret its meaning. But only since the advent of originalism—the well-known constitutional theory that requires interpreting the Constitution today in accordance with its original meaning—has historical study been so immediately implicated by constitutional interpretation. Despite potential, though, for meaningful exchange between originalists and historians, little has taken place. That originalism plays an ever-growing role in contemporary political culture only makes the lack of dialogue all the more unfortunate.

Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata

University of Miami International and Comparative Law Review

No abstract provided.

Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Animal Politics: Money, Power, And The Endangered Species Act, Edward J. Armellino

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Historians And The New Originalism: Contextualism, Historicism, And Constitutional Meaning, Martin S. Flaherty

Fordham Law Review

    Toward that end, this Foreword addresses three matters. First, it considers why the use of history in constitutional interpretation is inescapable. Next, it suggests that the Essays in this forum do not go far enough in debunking the idea of “public meaning” originalism as a serious alternative to previous approaches. Finally, the balance of this Foreword reviews the also perhaps inescapable misuses of history that constitutional interpretation invites and considers the type of misuse that public meaning originalism represents.

“To Assemble Together For Their Common Good”: History, Ethnography, And The Original Meanings Of The Rights Of Assembly And Speech, Saul Cornell

Fordham Law Review

    The Whiskey Rebellion is not generally a major focus in constitutional histories or casebooks. Given this fact, it is hardly surprising that the 1795 case Respublica v. Montgomery seldom figures as more than a minor footnote in scholarly writing about early American constitutional development, if it receives any attention at all. The case has little precedential value for modern First Amendment doctrine and only obliquely implicates larger jurisprudential questions about the rights of assembly and freedom of expression. In strictly doctrinal terms, Montgomery is primarily about the obligation of a justice of the peace to put down a riot, not …

American Culture’S Impact On Gender And The Perpetuation Of A Gender Binary, Anna Blaho

University Honors Program

This thesis explores the origins of American culture’s fixation on gender being a dichotomous concept. Through the analysis of previous research surrounding the subject of gender roles, expectations, and stereotypes, contributors to this restrictive mind frame as well as reinforcing agents were recognized. Historical trends have demonstrated the assignment of clear and separate tasks to the genders, which in turn created differentiated experiences and opportunities presented to each gender. Facilitated by the historical basis, American culture emulated similar patterns that instilled inflexible conceptions about gender to the point where it has created a discriminate workplace environment. As a consequence of …

False Universalism Of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions And The Global South, Sujith Xavier

PhD Dissertations

Why are theories of global governance unsatisfactory? Why are theories of global governance unable to integrate the lived realities of the people of the global South? International law and its institutions are growing at an unprecedented speed and this expansion has captured the curiosity of international lawyers and international law scholars. As international law and its institutions continue to grow, there are concurrent concerns regarding their democratic foundations. A large body of scholarship encapsulates these anxieties through the prism of global governance. In particular, two specific theories of global governance, global constitutionalism, and global administrative law, seek to introduce ideas …