Digital Commons Network^™

Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein

Dissertations

Like many southern states, South Carolina has a history permeated by issues related to race, equity, and educational opportunity. As early as the 1949 South Carolina court case, Briggs v. Elliott, South Carolina has had to address issues of equity and educational opportunity among its disenfranchised and marginalized citizenry. More than 60 years later, in Abbeville County School District et al. v. the State of South Carolina et al., sectors of rural South Carolina, predominantly black and poverty laden, would unite and engage in a legal battle with the State over equity in public education and by judicial mandate, be …

Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners, Catherine M. A. Mccauliff

Cardozo International & Comparative Law Review

The article argues that the European Union (EU) faces significant challenges to its cohesion and values, including rising populism, corruption, and economic inequality. It posits that the EU’s future depends on leaders embracing the founding principles of unity, solidarity, and human rights, as envisioned by figures like Robert Schuman. The analysis emphasizes the need for commitment to these values to counteract forces of disintegration and ensure prosperity, peace, and justice for all members.

An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J.

The Catholic Lawyer

No abstract provided.

Milky Whey, Inc. V. Dairy Partners, Llc: Transacting Business Under Montana’S Long-Arm Statute To The Full Constitutional Limit, Victoria Dettman

Montana Law Review

Milky Whey, Inc. v. Dairy Partners, LLC: Transacting Business Under Montana’s Long-Arm Statute to the Full Constitutional Limit

Assessing Universalism And The Rhetoric Of Development Assistance In Human Rights Research: Canadian-Ghanaian Human Rights Engagements, Sylvia Bawa

The Transnational Human Rights Review

This article is a contribution to the question of how Canada engages human rights in Ghana and Anglophone sub-Saharan Africa in general. In order to critically assess human rights engagement between Ghana and Canada, I situate the discussion within the broader global human rights milieu to deconstruct the myriad ways in which power dynamics in the global arena shape human rights practice and discourse. Using the rights concerns of women and minorities in Ghana as an entry point, I discuss the interconnected nature of first- and second-generation rights and cultural relativism in universal rights discourses. This discussion aims to propose …

National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo

The Catholic Lawyer

No abstract provided.

Introduction To Law, Authority & History: A Tribute To Douglas Hay, Philip Girard, Jim Phillips

Osgoode Hall Law Journal

On 5 and 6 May 2016, Osgoode Hall Law School and the York University History Department sponsored a symposium entitled “Law/Authority/History: A Tribute to Douglas Hay” to mark the recent retirement of Professor Douglas Hay. The call for papers circulated to legal historians in Canada and elsewhere, and a particular attempt was made to contact Professor Hay’s former graduate students. Twenty papers were presented at the symposium, of which eight appear in this issue of the Osgoode Hall Law Journal.

It seemed self-evidently appropriate to us to recognize this milestone in Douglas Hay’s career, in his home town, and at …

It's Time To Mind The Gasb, Israel Klein

San Diego Law Review

[T]his article provides support for the “Public Employee Pension Transparency Act” (Transparency Bill). The Transparency Bill, introduced in all 111th to 114th Congress—however not yet became law—proposes making tax benefits related to bonds issued by a state or political subdivision conditional upon compliance with specific reporting requirements, regarding post-employment financial liabilities, established by Congress. However, and more importantly, the Article points to the fact that the Transparency Bill only deals with a symptom of a much deeper problem—the ability of public sector entities to “shop” their disclosures and therefore to avoid accountability and scrutiny. This Article proceeds as follows: In …

Mass Communication Law And Policy Research And The Values Of Free Expression, Edward L. Carter

Faculty Publications

Mass communication law and policy research, including on values and theory of freedom of expression, has played an important role in Journalism & Mass Communication Quarterly for decades. Mass communication law research in Quarterly reached a high point with a special issue on the First Amendment in 1992 and numerous articles in the decade that followed. A relationship is explored between First Amendment theory and structural archetypes of constitutional argument. Future research could focus on international law and contemporary challenges involving technology, surveillance and changes in democratic citizenship.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

"The Engine Of Free Expression": The Political Economy Of Copyright In The Colonial British Atlantic And Early National United States, Nora Slonimsky

Dissertations, Theses, and Capstone Projects

In 1985, the Supreme Court of the United States concluded that copyright was included in the Constitution in order to serve as the “engine of free expression.” By providing economic incentive to drive artistic and scientific innovation, the nation received essential information and other tools of learning necessary to make sound political decisions. However, transnational copyright disputes, then and now, frequently resulted in complex and often contradictory understandings of free expression. The formation of copyright in America was thus a far more complex story, and it is that story that forms the basis of this project.

Amidst the many moving …

Our Criminal Laws, Our Constitution, Sarah A. Seo

Tulsa Law Review

Reviewing: RISA GOLUBOFF, VAGRANT NATION (OXFORD UNIVERSITY PRESS 2016); THOMAS ANDREW GREEN, FREEDOM AND CRIMINAL RESPONSIBILITY IN AMERICAN LEGAL THOUGHT (CAMBRIDGE UNIVERSITY PRESS 2014); JAMES B. JACOBS, THE ETERNAL CRIMINAL RECORD (HARVARD UNIVERSITY PRESS 2015).

Spill Your (Trade) Secrets: Knowledge Networks As Innovation Drivers, Laura G. Pedraza-Fariña

Notre Dame Law Review

Theories of intellectual property take the individual inventor or the firm as the unit of innovation. But studies in economic sociology show that in complex fields where knowledge is rapidly advancing and widely dispersed among different firms, the locus of innovation is neither an individual nor a single firm. Rather, innovative ideas originate in the informal networks of learning and collaboration that cut across firms.

Understanding innovation in this subset of industries as emerging out of networks of informal information-sharing across firms challenges traditional utilitarian theories of trade secret law—which assume trade secret protection is needed to prevent excessive private, …

Byrn And Roe: The Threshold Question And Juridical Review, Peter J. Riga

The Catholic Lawyer

No abstract provided.

Using Signal Theory To Determine Nonobviousness Of Inventions, Michael O'Brien, Idonah Molina

Journal of Intellectual Property Law

No abstract provided.

We Need Protection From Our Protectors: The Nature, Issues, And Future Of The Federal Trust Responsibility To Indians, Daniel I.S.J. Rey-Bear, Matthew L.M. Fletcher

Michigan Journal of Environmental & Administrative Law

The federal trust responsibility to Indians essentially entails duties of good faith, loyalty, and protection. While often thought of as unique to federal Indian policy, it developed from and reflects common law principles of contracts, property, trusts, foreign relations/international law, and constitutional law. However, several issues preclude a greater understanding and implementation of the federal trust responsibility. These include Executive Branch efforts to avoid liability, neocolonial judicial activism, and episodic congressional attention. Enactment of legislation to reaffirm and modernize the federal trust responsibility through greater self-determination, integration, elevation, oversight, and funding should help overcome these issues to improve federal Indian …

Transformative Mediation Twenty Years Later: An Invitation To Discuss Post-Traumatic Stress Disorder And Legal Ethics, Rich L. Skalstad

Concordia Law Review

Transformative mediation is substantially based on an ideology of postmodern nihilism and relativism called social constructionism that rejects Enlightenment traditions of science and law. Transformative mediation adopts a relational theory of emotions that teaches emotions are not based in biology, but rather are products of social interaction. Because the transformative model rejects neuroscience in favor of unfounded ideological assumptions, it is unsafe to apply it to disputes involving victims of post-traumatic stress disorder (PTSD), especially returning combat veterans.

The attorney-mediator who has sworn to uphold the law cannot ethically apply the transformative mediation model based on social constructionism that rejects …

Donor Preferences And The Crisis In Public Interest Law, Jeffrey Kosbie

Santa Clara Law Review

Donor Preferences and the Crisis in Public Interest Law

American Nationals And Interstitial Citizenship, Rose Cuison Villazor

Fordham Law Review

Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a group referred to by this Article as American nationals. Judicially constructed in the 1900s, and codified by Congress in 1940, American nationals possess some of the rights inherent to citizenship, such as the right to enter and reside in the United States without a visa. Yet, they do not have …

Recreating Copyright: The Cognitive Process Of Creation And Copyright Law, Omri Rachum-Twaig

Fordham Intellectual Property, Media and Entertainment Law Journal

Copyright law reflects the intuitive understanding of creativity in the eyes of the law. This is because copyright law’s primary goal is to promote creativity. But is the legal understanding of creativity in line with cognitive psychology’s understanding of the creative process? This Article examines whether copyright law is harmonious with cognitive psychology’s understanding of creativity. Some scholars posit that theories of creativity fit well with current copyright law. In an article published in the Harvard Law Review, Joseph Fishman, a scholar studying the relationship between intellectual property and creativity, argued that, based upon some ac- counts of creativity, copyright …

Law As Eschatology, John D. Haskell, Jessica Fish

Journal of Catholic Legal Studies

No abstract provided.

International Eminent Domain, Luis Kutner

The Catholic Lawyer

No abstract provided.

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Charles A. Moose: Race, Community Policing, And Portland's First African American Police Chief, Douglas Jon Kenck-Crispin

Dissertations and Theses

In 1993, Charles Moose became Portland, Oregon's first black police chief. A nationally recognized student of the developing theories of community policing, Chief Moose's promotion was also hoped to help strengthen the diversity of the Portland Police Bureau. Ultimately, Portlanders were unable to look past Moose's public outbursts and demeanor and recognize his accomplishments. As a city, they missed an opportunity.

This thesis uses transcripts of speeches and policy papers to present some political history to the reader, but also letters to the mayor's office, letters to the editor and the like to consider the social history of 1990's Portland. …

Historical And Comparative Reflections, Charles L. Glenn

Vanderbilt Law Review En Banc

No abstract provided.

Human Rights Lost: The (Re)Making Of An American Story, Christopher N.J. Roberts

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Heuristic Interventions In The Study Of Intellectual Property, Jessica Silbey

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Between Description & Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal

Faculty Publications

The occasions on which a judge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitution requires the opposite of her ideological preferences, are extremely rare. Yet judges and scholars continue to present their conclusions as the product of ideologically neutral reasoning, while often criticizing the ideological bias in the reasoning of their opponents. A Wittgensteinian perspective on the nature of legal discourse can shed light on this puzzlingly persistent state of affairs. Legal discourse, including constitutional argument, is partly defined by the blending of descriptive reasoning about what the law …

Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley

Grand Valley Journal of History

When the country of Yugoslavia disintegrated into war, the United Nations created a research commission, the Yugoslav Commission of Experts, to document war crimes. This commission, led by Cherif M. Bassiouni, depicted the conflict as a perpetual problem with historical roots and also as having victims on both sides, which presented a legal-definitional paradox to the Security Council, requiring litigation of principles, categorization of conflicts, and discussion of further involvement - if applicable. This paper traces the essentialist understandings of the Commission of Experts and the International Human Rights Law Institute – two groups that otherwise had good intentions to …