Digital Commons Network^™

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez

Faculty Publications & Other Works

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

The Writing’S On The Wall: Using Multimedia Presentation Principles From The Museum World To Improve Law School Pedagogy, Cecilia A. Silver

Dickinson Law Review (2017-Present)

Law school pedagogy is a relic. Nearly 150 years after Christopher Langdell pioneered the case method, the typical doctrinal course remains predominantly a verbal domain, featuring lectures, Socratic dialogue, and final exams. But the visual disconnect between legal education and legal practice does students a disservice. Under the proliferating influence of laptops, iPads, smartphones, and Zoom, students now read, work, and study electronically more than they ever have before. So instead of business as usual, it’s time to embrace “visualization”—using multimedia to enhance, or even supplant, the near-exclusive reliance on language—to build a more vibrant and inclusive learning environment.

Law …

Carving An Indian Mosaic For Image-Based Sexual Abuse, Aanchal Kabra, Rohit Gupta

National Law School of India Review

In 2021, India crossed the threshold of the quantum of revenge porn cases, necessitating a public discourse on compartmentalizing the offence within pre-existing, yet outdated, legislations. Exacerbated by the COVID-19 pandemic, these reports come at the heels of the growing image-based sexual abuse in India, exemplified by other cases of voyeurism and sextortion. Despite the increasing statistics, image- based sexual abuse, as a systematic class of sexual crimes against women and children, remains virtually unrecognized in Indian scholarship and legislation. This paper proposes a comprehensive legislative framework for the battle against image-based sexual abuse. In doing so, it classifies each …

Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza

Faculty Scholarship

No abstract provided.

Every 66 Hours. Dead Or Disappeared. A Colonial Gendered Lens On Genocide: Case Study On Canada's Genocide Against Indigenous Women, Girls, And 2slgbtqqia People, Megan Uren

Denver Journal of International Law & Policy

Genocide is happening today, and it will be happening tomorrow. It is not yet time to tell volunteers to stop dredging the Red River for dead bodies of Indigenous women and girls nor time for red dresses to stop being hung on the Highway of Tears. There are dead bodies in the water. There are missing bodies who were taken along wooded highways...

This article evaluates the current rates of violence against Indigenous women in Canada within (1) the greater context of an ongoing colonial genocide against Indigenous peoples and (2) with a narrow-gendered lens on women. First, I will …

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

ข้อจำกัดทางกฎหมายในการควบคุมกล่องสุ่มในเกมออนไลน์, ชนภัทร สุดาวงศ์

Chulalongkorn University Theses and Dissertations (Chula ETD)

“กล่องสุ่ม” หรือ “Loot Boxes” หรือ “กล่องกาชา” ในคำเรียกหาทั่วไปในระบบเกมออนไลน์ เป็นรูปแบบการขายสิทธิในการจับรางวัลให้แก่ผู้เล่น กล่าวคือ ผู้เล่นไม่อาจทราบได้แน่ชัดถึงเนื้อหา (Content) ที่ตนจะได้รับจากการซื้อกล่องสุ่มแต่ละครั้งในขณะที่ทำการซื้อ ว่าจะได้เนื้อหาใด ใช่ตรงตามที่ตนต้องการหรือไม่ ด้วยลักษณะและวิธีการทำงานดังกล่าวของกล่องสุ่มในระบบเกมออนไลน์ ซึ่งมีความใกล้เคียงกับการเล่นพนันเป็นอย่างมาก อีกทั้งยังเพียบพร้อมการจูงใจผู้เล่นให้ใช้จ่ายเงินเพื่อหาประโยชน์ทางการพาณิชย์ ทำให้ในปัจจุบันปัญหาดังกล่าวนี้ได้รับความสนใจจากภาครัฐในหลายประเทศทั่วโลก โดยประเทศไทยในปัจจุบันนั้น แม้ปรากฏว่ามีบทบัญญัติกฎหมายที่เกี่ยวข้องกับเรื่องนี้บังคับใช้อยู่ แต่ในทางปฏิบัติกลับยังไม่ปรากฏการบังคับใช้มาตรการทางกฎหมายใด ๆ แก่กรณีปัญหาดังกล่าว วิทยานิพนธ์ฉบับนี้จึงมุ่งศึกษาข้อจำกัดทางกฎหมายอันส่งผลให้มาตรการทางกฎหมายในการควบคุมกล่องสุ่มในเกมออนไลน์ที่มีอยู่ในประเทศไทย ไม่สามารถนำมาบังคับใช้ได้อย่างมีประสิทธิภาพตรงตามเจตนารมณ์ดั้งเดิมของกฎหมายดังกล่าว พร้อมเสนอแนะแนวทางขจัดข้อจำกัดทางกฎหมายดังกล่าวที่เหมาะสมตามสภาพปัญหา โดยการศึกษาเปรียบเทียบกับมาตรการทางกฎหมายในการควบคุมกล่องสุ่มในเกมออนไลน์ในต่างประเทศที่โดดเด่นได้แก่ ราชอาณาจักรเบลเยี่ยม สหราชอาณาจักร และประเทศญี่ปุ่น

The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea

Faculty Publications

The foundational assumption of constitutional governance poses a conundrum for contemporary state-builders: a constitution heavily influenced by foreigners does not represent the views of the governed. Can a modern state-building effort foster democratic institutions when the new government reflects foreign? Nowhere was this tension more apparent than in Afghanistan, where the United States and the United Nations were heavily involved in drafting the 2004 Constitution. They shaped the process from the initial framework to the final, frenzied approval. Foreigners were engaged at both the procedural level—determining how the negotiations would occur and who would participate—and at the substantive level—providing input …

Reconsidering The Nomos In Today’S Media Environment, Kimberlianne Podlas

Touro Law Review

Today’s media landscape is wholly unlike that which existed when Cover first discussed narrative and the nomos; specifically, the status of television as both a cultural messenger and object of scholarly study has changed significantly. Accordingly, this article contemplates narrative in the contemporary media environment, specifically, television as an essential source of narratives. To enhance understandings of the roles television narratives play and which narratives play a role, this article employs an empirical perspective. Surveying Media Theory, it outlines research on television effects, including when and why television’s representations of law can impact audience attitudes, behaviors, perceptions, knowledge, and judgements. …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Restorative Justice: Uplifting Human Rights For The Marginalized, Vulnerable, Victimized, And The United States As A Whole, Meghana Vodela

Human Rights Brief

No abstract provided.

A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray

FIU Law Review

The goal of this Article is to introduce a comprehensive methodology for the analysis of visuals used for communication in legal works, by which I mean transactional and litigation documents, legal instruments, primary and secondary sources of law, and legal informational materials. To date, the scholarship on visuals in legal communications has been heavily descriptive, with some forays into the ethical and practical considerations of the use of “visualized” legal works. No one has yet devised a comprehensive analytical methodology that draws upon the disciplines of visual literacy, visual cultural studies, visual rhetoric, and mise en scène analysis to evaluate …

Culture And Fair Use, Michael Goodyear

Articles & Chapters

The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating more inclusivity of different cultures in copyright: the approval of cultural adaptations under fair use.
Cultural adaptations—the transforming of preexisting works to reflect the cultural and social mores and norms of a different group—would appear on first glance to be prohibited as derivative works, which, under the Copyright …

The Institutions Of Family Law, Clare Huntington

Faculty Scholarship

Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional analysis.

This methodology, which plays a foundational role in legal scholarship, focuses on four basic questions. Scholars often begin empirically, identifying the specific legal, social, and economic institutions that shape an area of legal regulation. Beyond descriptive accounts, scholars analyze how authority is and should be …

The Lost Cause Of Free Speech, Mary Anne Franks

Articles

No abstract provided.

Racial Capitalism In The Civil Courts, Tonya L. Brito, Kathryn A. Sabbeth, Jessica K. Steinberg, Lauren Sudeall

Faculty Publications

This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket settings, including civil courts.

The lens of racial capitalism enriches access to justice scholarship by explaining how and why state civil courts subordinate racialized groups and individuals. Civil cases are often framed as voluntary disputes among private parties, yet many racially and economically marginalized litigants enter the civil legal system involuntarily, and the state …

Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks

University of Colorado Law Review

No abstract provided.

Esg And Private Ordering, Michal Barzuza, Quinn Curtis, David H. Webber

Faculty Scholarship

Easterbrook and Fischel’s seminal book The Economic Structure of Corporate Law has taught us the crucial role of markets in shaping the corporate contract. With the rise of ESG, the nature of that contract is changing, but the importance of markets (and of their limitations) is not. In this piece, building on our previous work that traces the remarkable growth of ESG to a shift in demand, primarily, but not solely, among millennials, we discuss the role of markets in shaping ESG, as well as their limitations. The rise of social values, and the increasing willingness of millennials to act …

Race, Rallies, And Rhetoric: How Trump’S Political Discourse Contributed To The Capitol Riot, Heather Alaniz, Kimberly D. Dodson, Jared R. Dmello

Journal of Criminal Justice and Law

The January 6, 2021, Capitol riot in Washington D.C. reflects one of the worst moments for democracy in U.S. History. Estimates indicate 10% of the individuals arrested following the Capitol riot had connections to far right militias and other right-wing extremist groups. To investigate the events that led up to the Capitol riot, this study provides a descriptive analysis of Trump’s public rhetoric between 2015-2020 citing tweets, speeches, and news interviews where his words created an environment for violence among his supporters prior to and throughout his presidency.

Intentional Procreation, Robin L. West

The Journal of Contemporary Legal Issues

Dov Fox’s book Birth Rights and Wrongs makes the case for the development, through judicial decision-making, of various torts that would respond to the disruption of intentional conception, contraception, gestation and childbirth, where those intentions are thwarted because of the negligence of professionals employed to assist or guide consumers of their services in reaching their reproductive goals.

Section 24(2) In The Trial Courts: An Empirical Analysis Of The Legal And Non-Legal Determinants Of Excluding Unconstitutionally Obtained Evidence In Canada, Steven Penney, Moin Yahya

Osgoode Hall Law Journal

This empirical study explores the legal and non-legal factors influencing trial judges’ decisions to admit or exclude illegally obtained evidence under section 24(2) of the Canadian Charter of Rights and Freedoms. Mining an original dataset of 1,472 reported decisions from 2013–2018, we found little evidence that they are affected by judges’ gender or partisan ideology. We did find, in contrast, that they are substantially influenced by judges’ previous professional backgrounds: Former criminal defence lawyers are more likely to exclude evidence than former non-criminal practitioners, who are in turn more likely to exclude evidence than former prosecutors. We also found significant …

Welcoming Families With Children To Csusb: Making An Intergenerational Difference, Leslie Leach

Electronic Theses, Projects, and Dissertations

Coming back to school after a gap in your education can be a daunting task. For students with children (SWC), the undertaking has different challenges than their classmates. Providing resources geared towards their success plays a significant role in the student's ability to complete their education. It also allows the SWC to feel a sense of belonging within their institution of higher learning. This project analyzes other California State Universities' family housing programs to advocate a similar program at California State University, San Bernardino. Using the Communication Theory of Identity (CTI) and Organizational Identity (OI), I can illustrate how resources …

As Brown Has Waned, Aziz Z. Huq

University of Chicago Law Review

No abstract provided.

Emotions And Intellectual Property Law, Margaret Chon

Akron Law Review

Emotions constitute an integral part of the diverse approaches that we bring to bear upon our most pressing law and policy issues. This article explores the role of emotions in intellectual property, information, and technology law (IP). Like other areas of law, IP commits to, prioritizes, and even honors, reason, logic, and facts—which can result in the sidelining of the affective components of law. Yet our affective responses to legal and other phenomena influence both cognition and reason. Part I of the article provides a general overview of the field of law and emotions, pointing out how this approach to …

“Yellow Perils,” Revived: Exploring Racialized Asian/American Affect And Materiality Through Hate Discourse Over The Covid-19 Pandemic, Keisuke Kimura

Journal of Hate Studies

The goal of this essay is to explore what kind of hate is produced against Asian bodies in reaction to the COVID-19 pandemic. By centering Asian/American affect and materiality – marginalized voices, narratives, and feelings of Asian/Americans as affective-performative texts, this essay attends to critique the historical continuum of racial discrimination against Asian/Americans (i.e., yellow peril) and advocate for social justice, equality, and inclusion in the U.S. Overall, I argue that Asian/American bodies are both physiologically and ideologically desensitized, dehumanized, and weaponized as the revival of yellow perils over the COVID-19 pandemic. Moreover, this essay highlights the possibility of adding …

Kung Flu And Roof Koreans: Asian/Americans As The Hated Other And Proxies Of Hating In The White Imaginary, Julia R. Decook, Mi Hyun Yoon

Journal of Hate Studies

The COVID-19 pandemic brought about not only political, social, and economic disaster globally, but also rising hate and the exacerbation of social inequity. As the pandemic spread beyond China, hate crimes against Asians skyrocketed in the United States and internationally. Amidst growing xenophobia and a global health crisis, 2020 also marked worldwide Black Lives Matter protests. Memes that featured “Roof Koreans” started being shared during the protests, along with the already racist memes about COVID-19 that targeted Asians. In this essay, we critically analyze memes from the spring and summer of 2020 to examine how Asian/Americans are not only positioned …

Toward A Virginia Ocean Plan: Lessons And Recommendations From Other States, Nathaniel Dominy, Luke Foley

Virginia Coastal Policy Center

Virginia’s ocean waters feature vast natural resources, and are used by its residents, visitors, and the military for recreation, commerce, and national security. New and intensified uses, such as offshore energy production, aquaculture, and increased shipping could impact Virginia’s ocean resources. To ensure the continued protection of these resources, while allowing them to be used sustainably, the Commonwealth is developing its first ocean management plan. Because several state agencies currently manage Virginia’s territorial sea waters, a coordinated and proactive approach is needed to effectively develop this plan. Developing a Virginia Ocean Plan can help protect the Commonwealth’s ocean resources and …

Against Discourse: Why Eliminating Racial Disparities Requires Radical Politics, Not More Discussion, Robert Weber

Georgia State University Law Review

Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today—in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its intended purpose? This Essay argues that most discussion about racial disparities is predicated on the faulty premise—grounded in the Habermasian concepts of discourse and communicative rationality—that antiracists will convince their interlocutors by engaging in a practice of rationalistic discourse among participants who share the objective and expectation …

The Evolution, Expansion, And Effects Of Intellectual Property Rights At American Higher Education Institutions: A Historical Context Of Legislation And Case Law At Harvard And Yale Universities, Lucia Antoinette Shipley

Doctoral Dissertations and Projects

This dissertation used a historical research method to examine the rise of the centuries-long complex construct of intellectual property ownership through the lenses of American institutions of higher learning and the American legal system, the latter of which attributing its involvement in intellectual property rights once the principle of ownership became equated with the profit of ownership. Because universities are the traditional factories for innovation, this phenomenon within this expanse of time can be better understood by focusing on two historical research institutions. The universities of Harvard and Yale were explored due to their operational and intellectual property experiences mirroring …

A Case Study Of Information Management: An Ethnographic Research For A Suitable Smartphone For Legal Workers, Eric J. Guo

Multidisciplinary Studies Theses

This research report is a learning and practice experience on research on suitable smartphones for information management for legal work. The author compared the five most popular smartphones on the market and recommended smartphones that are highly efficient for performance and cost-effective for legal workers. The author has been working on the project with J&W Law Firm as a volunteer product researcher from 2017 to today. The research results have been continually updated with the most advanced technology to law firm partners’ requirements. During the project, the author needs to communicate with legal workers to understand their best needs for …