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How Online Learning Can Help Address Three Persistent Problems In Legal Education, David I. C. Thomson Jan 2020

How Online Learning Can Help Address Three Persistent Problems In Legal Education, David I. C. Thomson

Sturm College of Law: Faculty Scholarship

The debate about whether we should teach law online is over. Indeed, it has been over for some time, we just may not have noticed. Today the tools, disciplines, and practices of online learning pervade law school courses, whether nominally taught online or not. Whether through a site that offers quizzes on legal subjects, or through a full-featured learning management system which hosts links to myriad supplemental materials for the course, law professors are consistently using interactive and engaging online learning tools to enhance their courses. With new technology in all spheres we tend to think in binary terms. Yes …


A Theoretical Framework For Understanding Financial Distortions: With Special Application To China, Guangdong Xu, Michael Faure Jan 2020

A Theoretical Framework For Understanding Financial Distortions: With Special Application To China, Guangdong Xu, Michael Faure

North Carolina Journal of International Law

No abstract provided.


The Cherokee Nation, John Marshall, And The Stadial Theory Of Development, 53 Uic J. Marshall L. Rev. 1 (2020), James Muldoon Jan 2020

The Cherokee Nation, John Marshall, And The Stadial Theory Of Development, 53 Uic J. Marshall L. Rev. 1 (2020), James Muldoon

UIC Law Review

No abstract provided.


E.P. Thompson And The Rule Of Law: Qualifying The Unqualified Good, Douglas Hay Jan 2020

E.P. Thompson And The Rule Of Law: Qualifying The Unqualified Good, Douglas Hay

Articles & Book Chapters

No abstract provided.


Lawyers And Historians Argue About The Constitution, Jack M. Balkin Jan 2020

Lawyers And Historians Argue About The Constitution, Jack M. Balkin

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Demystifying Unconscionability: An Historical And Empirical Analysis, Brian Mccall Jan 2020

Demystifying Unconscionability: An Historical And Empirical Analysis, Brian Mccall

Faculty Articles

The doctrine of unconscionability is encrusted with myths. First year law students are taught that the doctrine was created in the twentieth century. Unconscionability is often presented as a novel one, born in the Uniform Commercial Code’s adoption of Section 2-302 in the mid-twentieth century. Even those scholars who are willing to look a bit further afield than the twentieth century for the origins of the unconscionability doctrine typically only reach the mid eighteenth century. In addition to myths surrounding its origin, the doctrine has been presented as a dangerously vague and imprecise concept. Commentators and scholars have likewise characterized …


Gideon: Public Law Safeguard, Not A Criminal Procedural Right, Kari Hong Jan 2020

Gideon: Public Law Safeguard, Not A Criminal Procedural Right, Kari Hong

University of the Pacific Law Review

No abstract provided.


Global Corruption: International Law's Counterrevolution, Sara A. Dillon Jan 2020

Global Corruption: International Law's Counterrevolution, Sara A. Dillon

North Carolina Journal of International Law

No abstract provided.


Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert Jan 2020

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.


International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan Jan 2020

International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan

Articles by Maurer Faculty

Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …


A Hunger For Justice : Everyday Forms Of Latinx Resistance In New York State's Capital Region, Cassandra Andrusz- Ho Ching Jan 2020

A Hunger For Justice : Everyday Forms Of Latinx Resistance In New York State's Capital Region, Cassandra Andrusz- Ho Ching

Legacy Theses & Dissertations (2009 - 2024)

Low-income racialized communities have always disproportionately struggled with food system inequities. However, after the 2008 financial crisis, conditions have become more precarious, especially in Latinx communities. This context has resulted in intensified food system inequities, manifesting as food insecurity, high food pricing, inconsistent and partial food programming, diet related diseases, low wages, worker and environmental rights abuses. This dissertation examines how low-income Latinx communities, respond to these intensified inequities in the New York State Capital Region from 2008-2018. Through qualitative research, interviews and observations, I assess the nature and context of everyday practices that undermine or resist food system inequities, …


Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram Jan 2020

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Buffalo Law Review

No abstract provided.


Stone Monuments And Flexible Laws: Removing Confederate Monuments Through Historic Preservation Laws, J. Peter Byrne Jan 2020

Stone Monuments And Flexible Laws: Removing Confederate Monuments Through Historic Preservation Laws, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This essay is a comment on an article by Jess Phelps and Jessica Owley, Etched in Stone: Historic Preservation Law and Confederate Monuments, published last year by the Florida Law Review. Contrary to their claims, historic preservation law does not seriously impede the removal or contextualization of Confederate memorials. The tangled and toxic heritage they signify does. The law rather creates the context within which parties contend about the meaning and continuing value of these monuments. Preservation law is not so much “etched in stone,” as a living requirement that we collectively, carefully address what remnants of the past …


Illiberalism And Islam, Aziz Z. Huq Jan 2020

Illiberalism And Islam, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This chapter analyzes the role of anti-Islam and anti-Muslim discourse in North American and European ‘illiberal’ parties, movements, and ideologies. Its first aim is to situate those deployments in a longer history. Occidental engagements with Islam and Muslims, including anti-Islamic tropes, long predate the emergence of liberalism, let along illiberalism. It should not be a surprise that liberalism as it emerged in the nineteenth century partook of such ideas. Contra some theorists, however, I argue that there is no strong evidence that anti-Islam was constitutive of liberal theory or early practice. Rather, it was in the second half of the …


Protecting The Role Of The Press In Times Of Crisis, Mary-Rose Papandrea Jan 2020

Protecting The Role Of The Press In Times Of Crisis, Mary-Rose Papandrea

Faculty Publications

Part I of this Article will discuss defamation law with a focus on the Court’s decision in New York Times Co. v. Sullivan. This decision “constitutionalized” the common law tort of defamation and dealt a death blow to a series of lawsuits by southern government officials aimed at silencing the publication.14 The decision has since provided an essential foundation for press freedom for over fifty years. At the same time, because the decision did not grant the press (or the public generally) absolute immunity for the publication of defamatory information about matters of public concern, speakers potentially face years …


The History Of Intellectual Property As The History Of Capitalism, Oren Bracha Jan 2020

The History Of Intellectual Property As The History Of Capitalism, Oren Bracha

Case Western Reserve Law Review

No abstract provided.


Book Review: Putting The Constitution In Its Place, Edward L. Rubin Jan 2020

Book Review: Putting The Constitution In Its Place, Edward L. Rubin

Case Western Reserve Law Review

No abstract provided.


The Rise And Fall Of Transcendent Constitutionalism In The Civil War Era, Cynthia Nicoletti Jan 2020

The Rise And Fall Of Transcendent Constitutionalism In The Civil War Era, Cynthia Nicoletti

Faculty Scholarship

In the aftermath of the Civil War, American intellectuals saw the war itself as a force of transcendent lawmaking. They viewed it as a historical catalyst that had forged the United States into a nation. In writing the Fourteenth Amendment, Congress sought to translate the war's nationalistic spirit into text. But in the eyes of many contemporary thinkers, the war's centripetal energy was a doubleedged sword. It could create a nation out of disparate parts, but it was also potentially uncontainable, divorced from the regular lawmaking process and beyond the control of human actors. As a result, many American jurists …


Police Violence And The African-American Procedural Habitus, Trevor George Gardner Jan 2020

Police Violence And The African-American Procedural Habitus, Trevor George Gardner

Scholarship@WashULaw

How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal procedure, highlighting “The Talk” that parents have with their African American children regarding how to respond to police seizure. It argues that the most prominent version of The Talk—the one in which parents call for absolute deference to police authority in the event of a police stop—may be as …


Disability And Design, Christopher Buccafusco Jan 2020

Disability And Design, Christopher Buccafusco

Faculty Scholarship

When scholars contemplate the legal tools available to policymakers for encouraging innovation, they primarily think about patents. If they are keeping up with the most recent literature, they may also consider grants, prizes, and taxes as means to increase the supply of innovation. But the innovation policy toolkit is substantially deeper than that. To demonstrate its depth, this Article explores the evolution of designs that help people with disabilities access the world around them. From artificial limbs to the modern wheelchair and the reshaping of the built environment, a variety of legal doctrines have influenced, for better and for worse, …


Constitutional Scholars As Constitutional Actors, Liora Lazarus Jan 2020

Constitutional Scholars As Constitutional Actors, Liora Lazarus

All Faculty Publications

Few constitutional scholars would dispute that Carl Schmitt played a legitimating role in the downfall of the Weimar Republic, or that Albert Venn Dicey has defined the UK and other commonwealth constitutions. Why then is there no general conception of constitutional scholars as constitutional actors? It is now well established that ‘to understand how our Constitution and laws are practised, it is necessary to study and understand many more institutions in the system than simply the Judiciary’ While the focus has broadened to include a range of constitutional office holders and institutions, little has been said about the role and …


International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai Dec 2019

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …


Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton Dec 2019

Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton

American Indian Law Journal

No abstract provided.


Existential Copyright And Professional Photography, Jessica Silbey, Eva E. Subotnik, Peter Dicola Dec 2019

Existential Copyright And Professional Photography, Jessica Silbey, Eva E. Subotnik, Peter Dicola

Notre Dame Law Review

Intellectual property law has intended benefits, but it also carries certain costs—deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual property. More …


Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell Dec 2019

Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell

Georgetown Law Faculty Publications and Other Works

This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis …


Desirable Inefficiency, Paul Ohm, Jonathan Frankle Oct 2019

Desirable Inefficiency, Paul Ohm, Jonathan Frankle

Florida Law Review

Computer scientists have recently begun designing systems that appear, at least at first glance, to be surprisingly, wastefully inefficient. A stock exchange forces all electronic trades to travel through a thirty-eight mile length of fiber-optic cable coiled up in a box; the Bitcoin protocol compels participants to solve difficult yet useless math problems with their computers; and the iPhone locks users out for many painful seconds after a mistyped password, a delay that increases with each subsequent mistake. We draw these examples and others together into a common, emerging, and underappreciated approach to digital system design, which we name “desirable …


Amici Curiae Brief Of American Historical Association, Organization Of American Historians, 42 Historians, And The Fred T. Korematsu Center For Law And Equality In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae Oct 2019

Amici Curiae Brief Of American Historical Association, Organization Of American Historians, 42 Historians, And The Fred T. Korematsu Center For Law And Equality In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Department of Homeland Security, et al., v. Regents of the University of California, et al.


An Intellectual History Of Mass Incarceration, Alice Ristroph Oct 2019

An Intellectual History Of Mass Incarceration, Alice Ristroph

Faculty Scholarship

No abstract provided.


Developing A Law School Course On Presidential Impeachment, Gregory S. Crespi Oct 2019

Developing A Law School Course On Presidential Impeachment, Gregory S. Crespi

SMU Law Review Forum

This short essay discusses my motivation for and the process that I went through over the past two years developing a law school course on Presidential Impeachment and related topics. I recommend that those law school faculty members who may have only a modest constitutional law background, but who feel as I do that more sustained discussion of the questions that would be presented by an attempt to remove President Trump from office through impeachment are called for, consider also developing and offering such a course.

I found that through reading a few accessible books and supervising a handful of …


An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia Sep 2019

An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia

Qualitative Criminology (QC)

"Narratives on the lynching of black females in the United States have rarely commanded much more than minor postscripts in the lynching scholarship, thus leaving the historical picture of lynching violence incomplete and distorted. To correct for this unfinished portrait of American lynchings, the present work provides a contextual history on black females victimized largely by white male terrorists. To distinguish black female lynchings and bring into sharper focus the wretched horror suffered by black women and young black girls, this work constructs an inventory of 188 confirmed cases of black females lynched mostly by white mobsters from 1838 to …