Digital Commons Network^™

Hate, Conflict, And Public Space: Stand Your Ground Laws And Potential Immunity For Hate Crimes, Jennifer N. Grimes

Journal of Hate Studies

Statistics reveal that hate crimes in the United States have increased for the past two years in a row. From 2014 to 2016, the number of reported hate crimes has increased from 5,479 in 2014, to 5,850 in 2015, to 6,121 in 2016. These numbers do not include crimes that were not shared with the FBI by local law enforcement, or crimes that were not reported to the police at all. Early indicators reveal that the number of hate crimes in 2017 is expected to further continue this upward trend. The current social and political climate has raised much concern …

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …

Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein

Journal Articles

Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. Notably, bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in democratic government in Taiwan, one of the few successful third-wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executive legislative mandates but as producing them in the first place, and figure bureaucracy as a …

Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson

CLCWeb: Comparative Literature and Culture

In “Mediating Suffering: Buddhist Detachment and Tantric Responsibility in Michael Ondaatje’s Anil’s Ghost,” Justin Hewitson argues that the global mediation of suffering following human rights abuses creates the offender-victim binary. The way in which moral judgments drive urgent peacemaking is seldom connected to long-term victimhood narratives. This psychology can exacerbate cyclical patterns of anger, exploitation, and violence by deferring responsibility. Ondaatje’s controversial novel, Anil’s Ghost, which reflects these charged accusations, refuses to settle blame on any side of the Sri Lankan conflict; instead, it offers the troubling recognition that offenders, victims, and mediators are all causal agents. Hewitson …

Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo

Pace Law Review

This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations regardless …

The Prison-Televisual Complex, Allison Page, Laurie Ouellette

Communication & Theatre Arts Faculty Publications

In 2016, the A&E cable network partnered with the Clark County Jail in Jeffersonville, Indiana, to incarcerate seven volunteers as undercover prisoners for two months. This article takes the reality television franchise 60 Days In as a case study for analyzing the convergence of prison and television, and the rise of what we call the prison-televisual complex in the United States, which denotes the imbrication of the prison system with the television industry, not simply television as an ideological apparatus. 60 Days In represents an entanglement between punishment and the culture industries, whereby carceral logics flow into the business and …

The Effects Of Shareholder Primacy, Publicness, And “Privateness” On Corporate Cultures, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

There is widespread belief in both scholarship and business practice that internal corporate cultures materially affect economic outcomes for firms. In turn, there is also a growing belief that corporate governance arrangements materially affect corporate cultures. If this is true, it suggests an intriguing three-link causal chain: governance choices influence corporate performance, at least in part via their effects on internal culture. This essay, written for the “Berle XI” symposium, explores that possibility. This subject is important to lawyers and legal scholars because of the symbiotic nature of law and governance, with an increasing risk of enhanced corporate criminal and …

What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette

University of Miami Race & Social Justice Law Review

No abstract provided.

Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez

University of Miami Race & Social Justice Law Review

No abstract provided.

The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog

Maryland Law Review

No abstract provided.

Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi

Maurer Theses and Dissertations

Saudi universities have recently started building and growing their endowments. Despite the increasing interest in university endowments, there is currently no specific legal framework that governs the area of university endowments in Saudi Arabia. The lack of a specific legal framework obstructs the advancement of university endowments. Therefore, this dissertation delineates the development and characteristics of the prevailing legal framework governing university endowments in the United States. The dissertation focuses on the development of the Uniform Management of Institutional Fund Act and the Uniform Prudent Management of Institutional Fund Act. The dissertation also uses in depth interviews with professional working …

Understanding Trans Racialized Youth Autonomy In Health Care Decision Making In Ontario, Gitanjali Natasha Lena

LLM Theses

This thesis re-evaluates the concept of autonomy and the possibilities for trans racialized youth to practice it in current health care decision making contexts. After discussing access to health care in Ontario for this demographic using diverse research, an analytical foundation is laid using legal pluralism, relational autonomy, transgender theory and disidentification theory. The study uses Photovoice with trans racialized youth to produce visual texts analysed using thematic network analysis. Secondly, the study considers how together, law and medicine discursively work to encourage law-makers and health care providers to undermine the autonomy of trans racialized youth. Authoritative diagnostic and clinical …

When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar

Faculty Scholarship

No abstract provided.

Open And Equitable Scholarly Communications: Creating A More Inclusive Future, Nancy Maron, Rebecca Kennison, Paul Bracke, Nathan Hall, Isaac Gilman, Kara Malenfant, Charlotte Roh, Yasmeen Shorish

Copyright, Fair Use, Scholarly Communication, etc.

For many years, the academic and research library workforce has worked to accelerate the transition to more open and equitable systems of scholarship. While significant progress has been made, barriers remain. The Association of College and Research Libraries (ACRL) seeks to stimulate further advances through this action- oriented research agenda, which is designed to provide practical, actionable information for academic librarians; include the perspectives of historically underrepresented communities in order to expand the profession’s understanding of research environments and scholarly communication systems; and point librarians and other scholars toward important research questions to investigate. This report represents a yearlong process …

Pagans, Christians, And Student Protesters, Stanley Fish

San Diego Law Review

Stanley Fish’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

Book Review Of The Rooster Bar By John Grisham, David Ray Papke

Journal of Legal Education

No abstract provided.

Transnational Law As Socio-Legal Theory And Critique: Prospects For “Law And Society” In A Divided World, Peer Zumbansen

Buffalo Law Review

No abstract provided.

“Those People [May Yet Be] A Kind Of Solution” Late Imperial Thoughts On The Humanization Of Officialdom, David A. Westbrook, Mark Maguire

Buffalo Law Review

No abstract provided.

Can Global Legal Pluralism Be Both “Global” And “Pluralist”?, Paul Schiff Berman

Duke Journal of Comparative & International Law

No abstract provided.

Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu

Dissertations, Theses, and Capstone Projects

This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20^th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …

The Plasticity Of The Body, The Injury, And The Claim: Personal Injury Claims In The Era Of Plastic Surgeries, Adi Youcht

William & Mary Journal of Race, Gender, and Social Justice

The accelerated rise in the number of plastic surgeries has created an inflation of personal injury claims in connection with this cultural practice. This Article, on the one hand, aims to understand how the culture of plastic surgeries affects the tortious area of personal injury law (terms, concepts, goals, procedures, remedies, etc.), and on the other to understand how the significance of plastic surgery popular culture is designated by law. The Article suggests a new paradigm for defining personal injuries in order to face the legal challenges raised by plastic surgery culture and, in light of the culture’s re-designation by …

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.

The Mirror And The Lamp: The Law And Popular Culture Seminar, Michael Asimow

Journal of Legal Education

No abstract provided.

Contrastive Analysis And Contrastive Rhetoric In The Legal Writing Classroom, Diane B. Kraft

New Mexico Law Review

In the past several decades, the number of English-as-a-second-language (ESL) speakers attending law schools as part of J.D. and LL.M. programs has increased dramatically. While some of these students are fluent in English, many are not yet able to read, write, and speak English, or understand spoken English, at the advanced level required for successful graduate work in law. The language problems are sometimes grammatical, sometimes cultural, and often both. For those students who are required to complete a writing course as part of their graduate program, deficiencies in writing ability can be a difficult obstacle to overcome. For the …

Misogynistic Hate Speech And Its Chilling Effect On Women's Free Expression During The 2016 U.S. Presidential Campaign, Caitlin R. Carlson

Journal of Hate Studies

This essay argues that the proliferation of misogynistic hate speech during the 2016 U.S. presidential campaign had a dangerous chilling effect on women’s free expression. The gendered slurs aimed at women candidates and journalists, both online and in-person, created a hostile political environment, which made it more difficult for women to fully participate in the process of Democratic self-governance. To address this issue, I recommend allocating state and federal tax dollars to counter speech efforts, and call for social media organizations, such as Facebook and Twitter, to reevaluate their hate speech and harassment policies.

Alternative Facts And Fake News: Digital Mediation And The Affective Spread Of Hate In The Era Of Trump, Kayla Keener

Journal of Hate Studies

The role of negative affects such as fear and hate, their manifestation in atmospheres, manipulability, and mobilization as a response to threat perception play a pivotal role in the current political conjuncture. This essay traces the dissemination of fake news and the role of affective labor in its digital spread through the example of the recent Pizzagate phenomenon. This particular viral story and its real world fallout speak to the turn to a ‘post-truth’ politics, which has been embraced by President Trump and his surrogates, through the appropriation of the term ‘fake news’ and rhetoric of ‘alternative facts’, to describe …

Law, Politics, And Populisim In The U.S.A. P.A.T.R.I.O.T. Act, Jothie Rajah

Indiana Journal of Global Legal Studies

The U.S.A. P.A.T.R.I.O.T. Act is legislation that simultaneously brings into being very particular notions of the American 'national' and, as its counterpart, a post-9/11 "global." Through a study of the Patriot Act, my paper unpacks the co-constitutions of national/global and a related series of binaries: domestic/foreign; patriot/terrorist; us/them; and innocence/evil. By exploring the structuring logics and language of these binaries in the Act, my paper scrutinizes the global role of U.S. legislative text in our world: a world in which "a global society has come into being but possesses as yet, no institutions proper to its name."1 In the context …

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic …

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

Volume 8: Gender, Governance And Islam, Deniz Kandiyoti, Nadje Al-Ali, Kathryn Spellman Poots

Exploring Muslim Contexts

Analyses the links between gender and governance in contemporary Muslim majority countries and diaspora contexts.

Following a period of rapid political change, both globally and in relation to the Middle East and South Asia, this collection sets new terms of reference for an analysis of the intersections between global, state, non-state and popular actors and their contradictory effects on the politics of gender.

The volume charts the shifts in academic discourse and global development practice that shape our understanding of gender both as an object of policy and as a terrain for activism. Nine individual case studies systematically explore how …