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

GW Law Faculty Publications & Other Works

The scholarly project of global legal pluralism seems to contain a conundrum at its core. How can any theory of law be focused on pluralism and multiplicity and at the same time claim to be a “global” theory? This conundrum helps explain the criticism global legal pluralism receives from committed pluralists on the one hand and from committed international law triumphalists on the other. The pluralists argue that the normative side of global legal pluralism, by emphasizing procedures and institutions that foster dialogue and interaction, is essentially recapitulating

a universalist liberal legality and therefore is not fundamentally pluralist at all. …

A Cope Study (2019): Exploring Publication Ethics Issues In The Arts, Humanities, And Social Sciences, Committee On Publication Ethics

Copyright, Fair Use, Scholarly Communication, etc.

COPE (Committee on Publication Ethics) is a non-statutory body which aims to provide practical publication ethics guidance for journal editors working in all research disciplines. COPE was first conceived by an editor of a specialist medical journal at the BMJ Publishing Group but has since grown to become a fully multidisciplinary organisation. As a result of perceptions within COPE that some members not in Science Technology and Medicine (STM) disciplines might not consider COPE to be as relevant, in early 2019 COPE, with the support of Routledge (part of the Taylor & Francis Group), commissioned primary research to better understand …

Junk Tales: Incorporating Drug Addicts' Narratives In Law School Courses, Sara Schotland

Criminal Law Practitioner

No abstract provided.

Democratic Policing Before The Due Process Revolution, Sarah Seo

Faculty Scholarship

According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …

Promoting Equality Through Empirical Desert, Ilya Rudyak

Texas A&M Law Review

According to empirical desert theory, good utilitarian grounds exist for distributing criminal punishment pursuant to the (retributive) intuitions of the lay community on criminal liability. This theory’s insights, based on original empirical research and informed by social science, have significantly influenced contemporary criminal law theory. Yet, ostensibly, the theory is hampered by serious limitations, which may have obstructed its progress and its potential to guide criminal justice reform. Chief among them: it draws from community intuitions, and community intuitions—as the theory acknowledges—are sometimes immoral. In addition to these “immorality objections,” (commonly illustrated by alluding to the antebellum South and Nazi …

Freedom Of Disposition V. Duty Of Support: What's A Child Worth?, Phyllis C. Taite

Faculty Articles

No abstract provided.

Graffiti: On The Fringes Of Art; Protected At The Edges Of The Law, Manpreet Kaur

Student Works

No abstract provided.

Torture Re-Branded As "Advanced Interrogation Techniques" And Why Its Victrms Can Bear Witness To What History Already Has, George Nicholas Zazzali

Student Works

No abstract provided.

Confronting The Sexual Assault Of Teenage Girls: The Mistake Of Age Defence In Canadian Sexual Assault Law, Isabel Grant, Janine Benedet

All Faculty Publications

Teenage girls experience high rates of sexual assault. The Criminal Code permits the Crown to substitute proof of young age for proof of non-consent for sexual assault and related offences applicable to young complainants. This paper focuses on the defence of mistaken belief in age. It provides a defence where the accused honestly believed that the complainant was at or above the age of consent and where the accused took all reasonable steps to ascertain her age. A review of the cases considering the defence indicates that it is often applied incorrectly, where the accused does not have any belief …

The Law Of Treasure, Geoffrey J. Bennett

Journal Articles

Reviewing The Law of Treasure by A.G. Guest with the assistance of Paul Matthews.

Justifying Copyright In The Age Of Digital Reproduction: The Case Of Photographers, Jessica Silbey

Faculty Scholarship

This Article explores the justification for copyright from two sources: seminal court cases and accounts from photographic authors. It takes as its premise that copyright protection requires justification, not only because creative work is frequently made and disseminated without reliance on copyright, but because, in the age of digital technology, practices of creative production and dissemination have sufficiently changed to question the existing contours of the forty-year-old Copyright Act. Why read the photographers’ stories alongside the court cases? Each present contested views of copyright’s relation to creativity. At times, the photographers’ accounts and the case law strengthen and reinforce each …

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Articles

No abstract provided.

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

Scholarly Works

In this Foreword, we strive to contextualize “LatCrit XXI: What’s Next?” against the backdrop of two crises: the current political crisis in the United States and the continuing crisis of scarcity that impacts the legal academy. Through an examination of these crises, we will reveal how LatCrit scholars, in their efforts to build community and in their commitment to critical outsider scholarship, are part of the constellations of resistance that struggle against el mundo malo. We will argue that LatCrit has become a necessary institution for those seeking to engage in persistent resistance and dissent in the critical and progressive …

Personal Reflections On Being A Postcolonial Feminist Animal Law Professor, Maneesha Deckha

Animal Law Review

The author reflects on her experiences in the field of animal law. A recurring theme throughout the Article is that the author’s struggle to see herself being part of the animal law at all. This is because mainstream animal law writing has tended to take a liberal legal approach, while the author has focused her work around concepts of intersectionality, feminist, and postcolonial theory in a field she has self-described as “Philosophy, Critical Theory, and Animal Ethics.” Consistent with her intersectional approach, the author highlights how her experience being Canadian, being female, and being ‘radicalized’ have all intersected to shape …

Globalisasi Industri Hiburan Jepang Dan Korea: Pengaruh Terhadap Perspektif Publik Antar Negara, Annisa Kemala

Global: Jurnal Politik Internasional

Meski dengan status kedua negara sebagai kekuatan besar di Asia Timur, hubungan bilateral Jepang dan Korea Selatan seringkali menemui tantangan dengan masih terdapatnya ketegangan yang disebabkan sejak masa Perang Dunia II. Kedua negara sama-sama menonjol dalam produk budaya populernya, termasuk dalam hal industri hiburan. Dengan semakin terlibatnya aktor-aktor non-negara dalam Hubungan Internasional, para aktor dalam industri hiburan Jepang dan Korea Selatan mendapatkan peran tersendiri sebagai pelaku diplomasi publik yang bertujuan untuk mengubah perspektif publik dari masyarakat yang menjadi negara tujuannya. Penelitian ini menyimpulkan bahwa ketenaran industri hiburan kedua negara berhasil memunculkan kelompok-kelompok penggemar yang memiliki pandangan positif terhadap masing-masing negara …

Pendekatan Konsep Harmoni Dalam Manajemen Konflik Oleh Jepang Dalam Isu Sengketa Senkaku/Diaoyu Dengan Tiongkok, Rudi Saeputra

Global: Jurnal Politik Internasional

The Senkaku dispute refers to a territorial claim between China and Japan over a group of eight pinnacle islands in East China Sea. Japan has taken a valid control over the Senkaku Islands since 1895. Yet, in the light of historical records, China claims the islands as a part of its ancient territory. This article aims to analyze Japan’s motives in taking repetitive peaceful measure in handling the Senkaku/Diaoyu Islands dispute. Most of existing academic writing about China-Japan discord put emphasize on the findings related to mutual aid and regime, strategy and policy, power projection and threat perception, and interaction …

Beyond The Figure Of The Problem Gambler: Locating Race And Sovereignty Struggles In Everyday Cultural Spaces Of Gambling, Fiona Nicoll

Journal of Law and Social Policy

As gambling has become a ubiquitous feature of many neoliberal capitalist societies, the problem gambler has become a familiar cultural figure, invoked in regulation, popular culture and everyday life. This article brings critical research on governmentality together with cultural studies and critical Indigenous scholarship on whiteness, race and sovereignty to understand the racial biopolitics of gambling beyond the individual subject of problem gambling. I argue that, for settler-colonial states, gambling plays a role in maintaining tropes of cultural representation and securing legal and political power within an overarching system of white racial entitlement. An investigation of cultural spaces and products …

Law, Judges And Authorized Gambling In Italy: A Tale Of Contradictions, Nadia Coggiola

Journal of Law and Social Policy

To date, notwithstanding the large number of scholarly investigations into the legal implications of gambling, little attention has been paid to the interaction between contract law, and the negative moral or social labelling which traditionally affects gambling contracts in many Western countries. The purpose of this article is to investigate how Italian civil courts have applied Civil code and Consumer code rules on abusive clauses to cases involving authorized gambling and betting contracts. These rules should apply to authorized gambling and betting contracts, which generally involve an individual player and a professional service provider, either because the player adheres to …

Risk, Charity, And Boundary Disputes: The Liberalisation And Commercialisation Of Online Bingo In The European Union, Donal Casey

Journal of Law and Social Policy

Land-based bingo has traditionally been perceived as a low-risk social form of gambling. The game is often run for purposes of charitable fundraising, and in many countries bingo is associated in good causes and community rather than risk or profit. These distinguishing characteristics have shaped bingo’s regulation in many jurisdictions. However, technological advances have changed the nature of the game as it moved online and challenged traditional approaches to regulation. In this paper, I document the evolution of online bingo regulation in order to explore what we can learn about the changing ways in which states govern speculative play through …

Keeping Chance In Its Place: The Socio-Legal Regulation Of Gambling, Kate Bedford, Donal Casey, Alexandra Flynn

Journal of Law and Social Policy

In the winter of 2010, driving through a blizzard to a research interview outside of Ottawa, one of the co-editors of this special issue—Kate Bedford—slid and spun off the road in her rental car. The interviewee—an 80-year-old man who organized a small weekly bingo game—helped dig her out. Sitting in the community centre with him afterwards, thawing, there was ample opportunity for Bedford to reflect on the diverse meanings attached to gambling and the complex ways in which it is regulated. The interviewee talked about ‘use of proceeds’ forms and validating expenses payments for volunteers, describing a gambling landscape that …

A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper

University of Miami Law Review

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men.

Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …

Eating The Ocean By Elspeth Probyn, Annie Brethour

Natural Resources Journal

No abstract provided.

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.

The Law Of Advertising Outrage, Mark Bartholomew

Journal Articles

This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a consumer backlash. …

A Crispr Future For Gene-Editing Regulation: A Proposal For An Updated Biotechnology Regulatory System In An Era Of Human Genomic Editing, Tracey Tomlinson

Fordham Law Review

Recent developments in gene-editing technology have enabled scientists to manipulate the human genome in unprecedented ways. One technology in particular, Clustered Regularly Interspaced Short Pallindromic Repeat (CRISPR), has made gene editing more precise and cost-effective than ever before. Indeed, scientists have already shown that CRISPR can eliminate genes linked to life-threatening diseases from an individual’s genetic makeup and, when used on human embryos, CRISPR has the potential to permanently eliminate hereditary diseases from the human genome in its entirety. These developments have brought great hope to individuals and their families, who suffer from genetically linked diseases. But there is a …

Culture, Socialization, And Firearms Violence In The United States, Jennifer L. Lanterman, Sarah J. Blithe

Qualitative Criminology (QC)

"Firearm violence persists in the United States despite innumerable social, political, and economic changes throughout the 20th and early 21st centuries. Collaborative Event Ethnography was used at seven gun shows in three regions of the United States to explore childhood socialization into firearm culture via intergenerational communication of values and views regarding violence, safety, and the use of firearms. Children were observed at all gun shows engaged in activities ranging from standard play to potentially dangerous activity in an environment characterized by bias and controversy. The findings support social learning theory and provide some insight into the role of culture …

The Disability Tax Credit: Exploring Attitudes, Perceptions, And Beliefs About Disability, Tamara Larre

Journal of Law and Social Policy

This article examines the disability tax credit (DTC), one of the few federal programs providing direct funding to persons with disabilities. The goal of the article is to explore the DTC as a window into attitudes, perceptions, and beliefs about disability. This is an important contribution to the literature as disability scholars have shown how societal forces, such as attitudes, perceptions, and beliefs about disability, contribute to disability itself. Through comparing attitudes, perceptions, and beliefs of legislators and judges with the views expressed in the disability literature, the article reveals harmful stereotypes that fail to take into account the diverse …

Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren

DePaul Journal for Social Justice

No abstract provided.

Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt

Qualitative Criminology (QC)

"The social impact of technologies is evident among both teenagers and young people. Youth now experience and engage in most aspects of daily life “online” through the use of social media, mobile phones, and the Internet. This has led to a host of concerns, from parents, educators, advocates, and law enforcement regarding the ways in which this technology is being used, with the debate focused primarily on the issue of “sexting” or sharing of naked and semi-naked selfies. This paper explores sexting behavior from a critical perspective, examining the individual and institutional narratives that continue to shape and influence opinion …

The Takings Keepings Clause: An Analysis Of Framing Effects From Labelling Constitutional Rights, Donald J. Kochan

Florida State University Law Review

Did you know that the "Takings Clause" was not called the "Takings Clause" by any court before 1955? That was the first time that any court of any jurisdiction referred to the provisions regarding takings of private property in either the federal or state constitutions under the label "Takings Clause." Did you know that justices of the U.S. Supreme Court did not use the moniker "Takings Clause" in any opinion before 1978? Given this history, the phrase "Takings Clause," whether an apt descriptor or not, certainly cannot be justified as the dominant way to refer to these provisions by contemporaneous …