Digital Commons Network^™

Looking Backward, Looking Forward, David M. Engel

Contributions to Books

Published as Chapter 17 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

Reflections Of A “Pitiyanqui”: My History With Latcrit, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

One of our longtime LatCrit leaders in progressive and emancipatory pedagogy, Roberto Corrada (Denver), reflects on LatCrit’s role in awakening and developing his interest in critical scholarship and critical, community-based, pedagogy. In doing so, he also puts on display how our programmatic work, again, twines the personal with the collective, and the human with the intellectual. He reminds us, again, that our work is rooted in difference, and in learning from it.

Recreating And Reenvisioning Scandal: A Photographic Exploration Of The Eliot Spitzer And Anthony Weiner Press Conferences, Hinda Mandell, Meredith Davenport

Journal of Feminist Scholarship

No abstract provided.

Public Fora Purpose: Analyzing Viewpoint Discrimination On The President’S Twitter Account, James M. Lopiano

Fordham Intellectual Property, Media and Entertainment Law Journal

Today, protectable speech takes many forms in many spaces. This Note is about the spaces. This Note discusses whether President Donald J. Trump’s personal Twitter account functions as a public forum, and if so, whether blocking constituents from said account amounts to viewpoint discrimination—a First Amendment freedom of speech violation. Part I introduces the core legal devices and doctrines that have developed in freedom of speech jurisprudence relating to issues of public fora. Part II analyzes whether social media generally serves as public fora, whether the President’s personal Twitter account is a public forum, and whether his recent habit of …

How Asian Should Asian Law Be? – An Outsider’S View, Ralf Michaels

Faculty Scholarship

Is there an Asian identity of Asian law, comparable to European identity and therefore similarly useful as a justification for unification projects? If so, what does it look like? And if so, does this make Asia more like Europe, or less so? Or is this question itself already a mere European projection?

This chapter tries to address such questions. In particular, I look at a concrete project of Asian law unification—the Principles of Asian Comparative Law—and connect discussions about its Asian identity with four concepts of Asia. The first such concept is a European idea of Asia and Asian law, …

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

Scholarly Works

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 …

The Vanishing Body Of Disability Law: Power And The Making Of The Impaired Subject, Jonas-Sébastien Beaudry

Canadian Journal of Family Law

The influence of disability studies on legal scholarship is most visible in the social model, which claims that people are not disabled because of their bodily impairments, but by society in its refusal to accommodate their impairments.

However, a modest but growing discourse within disability studies argues that the notion of impairment, in addition to disability, is socially constructed. This article aims to bring this problematized conception of impairment, informed by Michel Foucault’s conception of power, into contact with legal scholarship. Judith Mosoff’s sensibility about the role of impairments in the legal treatment of disabled people illustrates this critical outlook, …

Fundamental Frames: How Cultural Frames Inform The Fourteenth Amendment, Anders Walker

Saint Louis University Law Journal

No abstract provided.

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

More Than 'Revenge Porn' Civil Remedies For The Nonconsensual Distribution Of Intimate Images, Suzie Dunn, Alessia Petricone-Westwood

Articles, Book Chapters, & Popular Press

The non-consensual distribution of intimate images, or “revenge porn” as it is colloquially known, is a growing phenomenon in the digital era that has devastated the lives of countless individuals. Targets of this conduct have suffered both short and long-lasting harms that have had serious repercussions on their mental health, physical well-being, and safety. Once their intimate images have been shared without their consent, they can face damage to their personal and professional reputations. There are reported cases where individuals have lost their jobs, have had to relocate, were stalked and harassed, experienced some form of emotional trauma, and had …

Why Less Property Is More: Inclusion, Dispossession, & Subjective Well-Being, David Fagundes

Faculty Articles

The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics—the emergent science of happiness—to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field shows that owners maximize their welfare, not when they amass land and chattels and keep others away from them, but when they pursue the polar-opposite strategies of inclusion and dispossession, such as sharing their property, donating it to charity, or giving it away. This Article begins its defense of inclusion and dispossession by providing background about the …

In Media Res, Christopher Andrew Sisk

Theses and Dissertations

We are inundated by a constant feed of media that responds and adapts in real time to the impulses of our psyches and the dimensions of our devices. Beneath the surface, this stream of information is directed by hidden, automated controls and steered by political agendas. The transmission of information has evolved into a spiral of entropy, and the boundaries between author, content, platform, and receiver have blurred. This reductive space of responsive media is a catalyst for immense political and cultural change, causing us to question our notions of authority, truth, and reality.

Cripping The Ethics Of Disability Arts Research, Roxanne Mykitiuk, Andrea Lamarre, Carla Rice

Articles & Book Chapters

The use of multimedia story making and drama based narrative in disability health research raises conventional ethical issues of informed consent, anonymity and confidentiality. In this chapter we explore unique ethical issues that arise when working with non-normatively embodied research participants in a highly collaborative way, using arts based mediums that transgress boundaries of anonymity and privacy, and call for difference-tailored processes of consent. People with disabilities have long been the object of medical and health research and the subjects of biomedical ethical transgressions, giving rise to the need for stricter human subject protocols about consent, confidentiality and anonymity. However, …

Cultivating Disability Arts In Ontario, Roxanne Mykitiuk, Eliza Chandler, Nadine Changfoot, Carla Rice, Andrea Lamarre

Articles & Book Chapters

Although Deaf and disability arts has been practiced under this name since the 1970s in Canada, within the last 15 years it has begun to be recognized as its own field of arts practice and production by arts councils and cultural funding bodies (Gorman 2007). Increased funding has accelerated the production of Deaf and disability art and has increased attention from arts organizations and audiences alike. With this leveling-up of Deaf and disability arts comes the advancement of a discourse specific to this sector, one that includes conversations about how we make arts accessible and how we blend accessibility with …

An Invitation To Explore Online Legal Education And Strategically Realign Legal Education, Alison Becker, Carrie Lloyd

Mitchell Hamline Law Review

No abstract provided.

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …

Critical Race Ip, Deidre Keller

Journal Publications

In this Article, written on the heels of Race + IP 2017, a conference we co-organized with Amit Basole1 and Jessica Silbey,we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP).Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we articulate …

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

All Faculty Publications

In this Introduction to the collection, we lay out what these papers offer to the field of gambling research and beyond. To begin, we identify the scholarly approaches to gambling upon which we wish to build (Part I). Then, we specify three contributions we seek to make through our socio-legal endeavors. First, this collection seeks to foreground the diverse, vernacular forms and places of play that are sometimes overlooked in gambling scholarship (Part II). Second, the papers take a distinctive pluralist approach that recognizes the multi-layered character of gambling regulation (Part III). Third, and finally, the interdisciplinary and methodologically diverse …

Critical Race Ip, Anjali Vats, Deidré A. Keller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Valorizing Disobedience Within The Ranks: Law And Resistance In American Military Film, Amar Khoday

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cultural Consultations In Criminal Forensic Psychology: A Thematic Analysis Of The Literature, Alesya Radosteva

Antioch University Dissertations & Theses

The importance of culture as a reference point in clinical practices such as forensic psychology has been considerably valued yet poorly understood, especially in an age where precision and sophistication outlast cultural authenticity and patient-clinician relationship. This paper looks at the gaps and inconsistencies that exist in current forensic psychology research. The topic is introduced by delving into the understanding of the phenomenon of culture and its influences on our everyday conditioning. Aspects such as language, biological development, traditions, rituals, and narratives are emphasized as potent tools that drive individuals to create and mold culture according to needs and requirements …

Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis

South Carolina Journal of International Law and Business

No abstract provided.

Are Publication And Citation Counts Reliable Indicators Of Research Productivity Or Impact?, Sean Rehaag

Articles & Book Chapters

Universities are increasingly using metrics such as publication and citation counts to measure faculty research productivity and impact, and to compare productivity and impact across departments and institutions. Canadian law schools are facing pressure to adopt similar metrics. In this article the author argues that publication and citation counts are not reliable indicators of research productivity or impact.

Stay Woke, Langston A. Williams

LSU New Orleans Theses and Dissertations

Throughout the pages of my thesis, I comprehensively analyze the processes, intentions, and production of my thesis film Stay Woke. My examination will exhaustively probe every stage of the film from development to preproduction to production to postproduction and beyond. Individual aspects of this process including writing, casting, locations, production design, cinematography, directing, budgeting, scheduling, and postproduction workflows will be detailed. As I make elaborations in each section, I will explain my learning experiences from each day’s new tasks, challenges, and lessons. All of these things will be framed with regards to the overall goal and themes of the …

In Police We Trust, Rachel Moran

Villanova Law Review (1956 - )

No abstract provided.

Title Ix In The Technological Age-Challenging Rape Culture And Myths Through Fairer Use Of Electronic Communications, Drew Simshaw

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Women’S Sports And The Forgotten Gender, Ara Wilson

Law and Contemporary Problems

No abstract provided.

Social Value Orientation And The Law, Rebecca Hollander-Blumoff

William & Mary Law Review

Social value orientation is a psychological trait defined as an individual’s natural preference with respect to the allocation of resources. Law and economics scholarship takes as its starting point the rational actor, who is by definition interested solely in maximizing her own personal utility. But social psychology research demonstrates that, in study after study, approximately half of individuals demonstrate a “prosocial” orientation, meaning that they are interested in maximizing the total outcome of the group and are dedicated to an equal split of resources. Only around a quarter of individuals identify as “proself” individualists who prefer to maximize their own …

Women And International Economic Law: An Annotated Bibliography, Uche U. Ewelukwa

Law and Business Review of the Americas

No abstract provided.

Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry

Arkansas Law Review

“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.” Although the United States Supreme Court in District of Columbia v. Heller established a fundamental understanding that individuals have a right to own a gun for personal use, the Court recognized that, as with all fundamental rights, the individual right to keep and bear arms is “not unlimited.” A few limits the Court mentioned included “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of …