Digital Commons Network^™

Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan

Maine Law Review

In Oklahoma v. Castro-Huerta, the Supreme Court held that states have inherent authority to prosecute crimes committed by non-Indians in “Indian country.” Only two years earlier, the Court in McGirt v. Oklahoma held that most of eastern Oklahoma was Indian country, and thus immune from any state criminal jurisdiction. Castro-Huerta limited this immunity and narrowed the Court’s view of tribal sovereignty as a whole. The majority represented the Court’s originalist faction—minus Justice Gorsuch, who had penned both the majority opinion in McGirt and the dissent in Castro-Huerta. The majority and dissent disagreed over whether federal statutes preempted Oklahoma’s criminal jurisdiction. …

A Linguistic Study Of Relative Clauses In George Bernard Shaw's "Arms And The Man", المدرّس المساعد يونس مهدي صالح

Midad AL-Adab Refereed Quarterly Journal

The study tries to shed light on the relative clauses used in literary texts namely Shaw's 'Arms and the Man'. A relative clause is a dependent clause that modifies or describes an antecedent i.e. a preceding noun. Relative clauses are of great importance since they help in understanding sentences as well as providing a choice for writers to vary their texts. Relative clauses consist of three elements: head noun, modifying clause and relativizer. Literary authors shape the language of their texts to suit their purposes. The study postulates that relative clauses are common in the play and relative pronouns functioning …

نظراتٌ على البنيويَّةِ وعلاقتها بنقدِ المورُوثِ اللُّغويِّ, م. م. صلاح فرحان شتيوي العنزي, أ.م.د. عماد علوان حسين

Midad AL-Adab Refereed Quarterly Journal

يَقُوم البحْث على تَقدِيم قِراءة لِلْفكْر اللُّغَويِّ اَلحدِيث عِنْد رُوَّاد المدْرسة اللَّنْديَّة اَلتِي أَسسَها العالم اللُّغَويُّ الإنْجليزيُّ فِيرْث، وَممَّن تتلْمذوا مُبَاشرَة على يد فِيرْث وَهُم: إِبْراهيم أنيس، وَتَمام حَسَّان، وعبْد الرَّحْمن أيُّوب، وَكَمال بشر، ومحْمود السِّعْران، فقد تَميَّز جِيل الرُّوَّاد بِأَنه كان مِن أَبنَاء مَدْرَسة لُغَويَّة وَاحِدة، هِي مَدْرَسة لَندَن، إِذ تُخصِّص مُعْظمهم فِي عِلْم اَللغَة أو أحد فُروعه فِي جَامِعة لَندَن، وبعْد عَودتِهم مِن بَعثتِهم تصدَّوْا لِلتَّدْريس والْبَحْث اللُّغَويِّ فِي الجامعات المصْريَّة. واخْتلفتْ اِتِّجاهاتهم فِي تَقدِيم عِلْم اَللغَة الباحث العرَبيُّ اِخْتلافًا واضحًا، وَيمكِن أن نُجْمِل هَذِه الاتِّجاهات فِي تيَّارَات ثَلاثَة وَاضِحة صاحبتْ تَقدِيم النَّظريَّة اللُّغويَّة الحديثة وَهِي: البنْيويَّة ونقْد …

الجناسُ في شعرِ المقطعاتِ في عهدِ المرابطينَ والموحدينَ, أ.م.د. مهند مرموص عبود, الباحثة: فاطمة جلال ناجي

Midad AL-Adab Refereed Quarterly Journal

تعد ظاهرة الجناس من الظواهر اللغوية الشائعة في لغتنا العربية، وهي ناتجة عن وحدة لغوية مع وحدة لغوية أخرى، نتيجة لتشابههما وترابطهما، أو تناسبهم في عصر واحد أو أكثر، سواء كان هذا الترابط عارضًا أو مطردًا، تألفه وتقبله اللغة، ويستسيغه السمع، والبحث في الجناس يستند إلى أسس صوتية، فالأصوات هي مادة اللفظ، ولا يوصف اللفظ بالجمال أو القبح إلا بمراعاة المادة الصوتية، ولكل لفظ قيمة صوتية، والمراد بالقيمة الصوتية هو جرس الألفاظ، ويمثل (الجناس) ظاهرة ناتجة عن التأثير والتأثر بين الأصوات المتشابهة المكونة للفظ ما.

A More Reasonable Section 230 Of The Cda: Imposing A Pre-Defined Duty Of Care Requirement On Online Platforms, Samuel Won

Georgia Law Review

Heralded by some as the “Magna Carta of Cyberspace,” and by others as the “Law that Ruined the Internet,” Section 230 of the Communications Decency Act provides online platforms civil immunity from a wide variety of unlawful and harmful activity conducted by the platform’s users, including the publishing of harmful and hateful content. From “Zoom bombing” and orchestrated rape to malicious catfishing and image-based sexual abuse, platforms like YouTube, Facebook, and Instagram enjoy the freedom to simultaneously ignore and enable these reprehensible realities. Thus, a reexamination of Section 230’s appropriateness is long overdue, and a working solution must be critically …

Research On Legal Text Matching Based On Pre-Training Model, Chuanming Yu, Yifan Jiang

Journal of Scientific Information Research

[Purpose/significance]This study aims to solve the problem of traditional short text matching models being difficult to apply to long text matching tasks such as legal case retrieval. [Method/process]For the task of legal case matching, this paper proposes a Legal Text Matching model based on RoFormer （LTMR）. In the coding layer, the legal case is encoded through the RoFormer model and the legal feature extractor. In the reasoning layer, the context and interactive information of long text are further extracted by using interactive attention and self-attention mechanisms. We conducted the empirical research by applying the proposed model to the CAIL2019-SCM dataset. …

Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson

Indiana Journal of Law and Social Equality

“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)

This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …

Identity, Social Justice And Learning Communities In The Age Of Contested Campus Politics, Mira Sucharov

University of the Pacific Law Review

No abstract provided.

Introduction: The Arc Of Race In Professional And Collegiate Sports Symposium, Kenneth D. Ferguson

Faculty Works

This introduction will highlight the five articles featured in the symposium issue of the UMKC Law Review and will also situate those articles in the Sports Law Symposium titled, The Arc of Race in Professional and Collegiate Sports. The goal of the two-day virtual symposium was to bring together leading legal, social science, and medical science scholars to engage in discourse concerning how race and gender have affected and continue to influence decision making in professional and collegiate sports. The symposium exposed how race, culture, ethnicity, and gender affect a wide range of phenomena in scientific fields such as neuropsychological …

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

Articles (Current Faculty)

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes.

This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

Case Note: Up In The Air: Environment Texas And The New Violation-Based Approach To Determining Standing In Environmental Citizen Suits, Noah T. Allaire

Natural Resources Journal

No abstract provided.

Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan

New England Journal of Public Policy

Racial conflict in the United States pushes people to positions of argument or avoidance, more or less intensely and for varying lengths of time, depending on external events like the murder of George Floyd. Neither stance produces the conversations required to seek common ground and compromise around racial issues. Argument alone deepens divisions and avoidance leaves them to metastasize in the social body. In an attempt to go beneath these two positions, this article first explains the role and form of interpretation in all conflict and dispute resolution and how it is shaped. Then it examines the concepts and strategies …

Security Of Tenure In Egypt: Policies And Challenges, Arig Eweida

Theses and Dissertations

This thesis explores a set of urban laws and policies adopted in the past decade in Egypt regarding their possible effect on security of tenure as an element of the right to housing. The past decade has witnessed a legislative focus on formalizing tenure rights coupled with policies aiming at redevelopment of informal settlements, infrastructure projects and lately a goal of eliminating unplanned areas by 2030. This research attempts to untangle what these laws and policies could mean for a country with 40% of its housing being informal. It builds on a rich literature on titling programs in developing countries …

What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology, Perla Khattar

Washington Journal of Law, Technology & Arts

The persistence of the privacy paradox is proof that current industry regulation is insufficient to protect consumer’s privacy. Although consumer choice is essential, we argue that it should not be the main pillar of modern data privacy legislation. This article argues that legislation should aim to protect consumer’s personal data in the first place, while also giving internet users the choice to opt-in to the processing of their information. Ideally, privacy by design principles would be mandated by law, making privacy an essential component of the architecture of every tech-product and service.

The True Meaning Of "Going Armed" In The Statute Of Northampton: A Response To Patrick J. Charles, Richard E. Gardiner

Cleveland State Law Review

In the debate over the meaning of the right to keep and bear arms guaranteed by the Second Amendment, some writers have argued that the prohibition in the 1328 English Statute of Northampton on "going armed" referred to carrying weapons, thus purportedly showing that regulation of carrying weapons was well known and established when the Second Amendment was adopted. For the first time, this Article reveals, through a thorough analysis of medieval royal proclamations and acts of parliament, well-regarded legal treatises, literature of the time, and English case law, that "going armed" did not refer to carrying weapons, but rather …

Comics Art, Cultural Norms, And The Social Consciousness Of Activism In American Democracy, Jeffrey Lewis

Cleveland State Law Review

The comic art form’s impact on cultural norms can engender new understandings of rights and shape conceptions of equality in our shared consciousness as a society. Drawing on the 1960s era of social change, this Article examines how comics can produce activism by shaping cultural norms which are reframed, contested, or contextualized to help generate new shared understandings of rights and equality in American democracy. The comic art form should be taken seriously as a medium for activism that can influence changes in social consciousness, illustrated in this Article with examples as diverse as the quiet revolution of the Peanuts …

St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies

Pepperdine Dispute Resolution Law Journal

This paper proposes and creates a novel method to resolve disputes between content creators, Vtubers, Professional Gamers, and streamers by utilizing a crowd based stepped dispute resolution system upheld and voted on by viewers, shareholders, and the streaming company: Twitch or YouTube. To reach this goal, the proposal will include comparisons to the current dispute resolution system used by Twitch and YouTube; a proposed online dispute resolution system; diagrams of the proposal; key performance indexes (KPI’s); utilization of arbitral analytics with artificial intelligence to create a fair and balanced resolution system; and some predictions on the future of the industry …

Establishing An End To Lemon In The Eleventh Circuit, Amanda Harmon Cooley

University of Miami Law Review

Over half a century ago, the Supreme Court decided Lemon v. Kurtzman, the most controversial Establishment Clause case in judicial history. And despite the Lemon test’s constant criticism, the Court has never expressly overruled the decision in its entirety. This continues to be the case even after Kennedy v. Bremerton School District, in which the Court noted Lemon’s abandonment rather than its complete abrogation. As a result, lower federal district courts have been left in limbo regarding whether Lemon is fair game for any of their Establishment Clause determinations and have been inconsistent in using it as …

Quantifying Implicit Bias In Judicial Legal Opinions: A Natural Language Processing Approach, Philip N. Surendran

Quantitative Social Science Undergraduate Senior Theses

Implicit bias and criminal justice are two concepts that have long been intertwined. There is no justice without neutrality, and yet how do we tell if the actors enforcing the system are actually impartial? In this thesis, I utilize recent advancements in machine learning to attempt to answer this question. Specifically, I use natural language processing to examine the text of opinions written by judges in appellate courts, and I leverage these findings to build quantifiable measures of implicit bias. In particular, I look at the over/under-representation of certain emotions, sentiments and linguistic styles as a proxy for disparate treatment …

The Apa As A Super-Statute: Deep Compromise And Judicial Review Of Notice-And-Comment Rulemaking, William N. Eskridge Jr., John Ferejohn

Notre Dame Law Review

The Administrative Procedure Act of 1946 (APA) is a “super-statute,” creating a robust, enduring governance structure for the modern regulatory state. An emerging literature on “APA originalism” maintains that some of the judge-created rules of administrative law are inconsistent with the APA’s original public meaning and therefore illegitimate. In the context of notice-and-comment rulemaking, some academics and judges wield APA originalism as a reason to abrogate the presumption of judicial review, hard-look review of agency factual conclusions, and judicial deference to agency interpretations of law. Some of the judges who would apply original public meaning to those issues have asserted …

Textualism And The Administrative Procedure Act, Kristin E. Hickman, Mark R. Thomson

Notre Dame Law Review

In recent years, the Supreme Court occasionally has applied a more limited approach to textualist reasoning that, if applied to the APA, could expand the perceived gulf between textualism and existing administrative law doctrine. Our purpose with this Essay is to explore the implications of this trend for APA interpretation, particularly as it might apply to agency rulemaking. We do not purport to address critics of textualism as an interpretive methodology; we speak primarily to those who are persuaded of textualism’s merits. We also will not try to resolve all the many disagreements about textualism’s variations or the APA’s meaning. …

Secoundary Courses Taught By Secondary Faculty: A (Personal) Call To Fully Integrate Skills Faculty And Skills Courses Into The Law School Curriculum Ahead Of The Nextgen Bar Exam, O.J. Salinas

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Essay focuses on the disconnect between what law schools say they value and who they value. The Essay highlights how law faculty and administrators often carry a survivorship bias that may prevent them from fully acknowledging or accepting that the law school experience may be challenging and unwelcoming for many students. The Essay also challenges members of the legal academy, particularly those solely in the doctrinal space, to question their superiority bias so that they can better support skills training and treat and value faculty who teach skills courses. This Essay provides commentary on reimagining legal education for a …

Storied Pasts: Credibility And Evolving Norms In Asylum Narratives 1989–2018, Abigail Stepnitz

Minnesota Journal of Law & Inequality

No abstract provided.

A Gricean Theory Of Expressive Conduct, Richard P. Stillman

University of Chicago Law Review

In Spence v. Washington, the Supreme Court devised a two-part test for determining whether a nonverbal action is expressive conduct protected by the First Amendment. According to the Spence test, a nonverbal action is expressive if and only if: (1) it is intended to communicate a particularized message; and (2) in the circumstances in which the action is performed, the likelihood is great that the message will be understood by observers.

In subsequent cases, however, the Court has made clear that the category of “expressive conduct” embraces a much wider variety of nonverbal behaviors than a literal reading of the …

Forum Fights And Fundamental Rights: Amenability’S Distorted Frame, James P. George

Faculty Scholarship

Framing—the subtle use of context to suggest a conclusion—is a dubious alternative to direct argumentation. Both the brilliance and the bane of marketing, framing also creeps into supposedly objective analysis. Law offers several examples, but a lesser known one is International Shoe’s two-part jurisdictional test. The framing occurs in the underscoring of defendant’s due process rights contrasted with plaintiff’s “interests” which are often dependent on governmental interests. This equation ignores, both rhetorically and analytically, the injured party’s centuries-old rights to—not interests in—a remedy in an open and adequate forum.

Even within the biased frame, the test generally works, if not …

Leaving Langdell Behind: Reimagining Legal Education For A New Era, Joshua Gutzmann

Minnesota Law Review Vols. 106:2 onward (2021-present)

For most of us (the Editors of Volume 107 of the Minnesota Law Review), the summer before starting law school was characterized by a global pandemic and a racial reckoning. Like many Americans, we experienced a toxic mix of feelings of isolation, hopelessness, and even anger; and we yearned for the requisite skills and credentials to fight the injustices and inequities all around us. Our 1L year was a roller coaster ride: we experienced the ordinary challenges of the 1L curriculum through our Zoom screens while simultaneously watching a meme-fueled retail investor uprising, an attempted overthrow of a presidential election …

International Law And The Right To Global Internet Access: Exploring Internet Access As A Human Right Through The Lens Of Iran’S Women-Life-Freedom Movement, Pegah Banihashemi

Chicago Journal of International Law

The speed of digital transformation creates major challenges for understanding and protecting digital technology-based human rights. While the internet may once have been a nice-to-have amenity, as societies become increasingly dependent on digital infrastructure, it has become a prerequisite to access fundamental human rights. Because the protection of internet access as a human right is lacking, individuals remain vulnerable to abuses, particularly by autocratic leaders.

This Essay uses the still-unfolding Iranian Women-Life-Freedom Movement to examine the consequences of internet deprivation. The Iranian regime’s brutal treatment of its citizens sparked widespread protests which were largely coordinated through social media, highlighting the …

The Nagging In Our Ears And Original Public Meaning, Perry Dane

Marquette Law Review

The debate over how to understand the meaning of legal texts once pitted intentionalism against a variety of other views united by the conviction that a legal enactment takes on a meaning not reducible to anybody’s mental state. Both these approaches are supported by powerful intuitions. This Article does not try to referee between them. Instead, it takes aim at a third set of views— theories of “original public meaning”—that in recent decades has upended the traditional debate and has now become gospel for the new majority on the United States Supreme Court.