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The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth

Law Faculty Scholarship

In the wake of such tragedies as the Charleston, South Carolina mass shooting, the deadly Unite the Right Rally, and the death of George Floyd, various communities have engaged in efforts to remove Confederate monuments from public spaces. These removal efforts frequently result in litigation focused on ownership rights, government speech, and other claims. This article asks what responsibility the judiciary and litigants have to acknowledge that Confederate monuments—for better or for worse—are creations of public art.
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/="/">Whether the monuments stay or go at the end of a given lawsuit, the outcome affects the public art policy of …

There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.

Louisiana Law Review

In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …

The Role Of Sunnah In The Protection Of The Environment

UAEU Law Journal

Protecting the environment from pollution is probably a major international problem. Islam preceded all man-made legislations in protecting the environment. The legislations of Islam were adequate enough to protect the environment in a way that guarantees the best use of it. This paper consists of five parts. In the first part, the concept of environment was defined from a linguistic, geographical, and general sense. The concept of environment in Islam and the role of man in protecting it were also explained in the first part. The second part of the paper was devoted to the role of the Sunnah in …

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz

University of the District of Columbia Law Review

After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …

Federal Architecture And First Amendment Limits, Jessica Rizzo

Washington Journal of Law, Technology & Arts

In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …

Leslie Salt V. United States: Section 404 Jurisdiction Over Artificial Wetlands, Sylvia Cosby, Christopher Paul

Journal of Natural Resources & Environmental Law

No abstract provided.

Free To Hate: Hate Crimes' Intertwinement With The Evolution Of Free Speech In The United States, Lee F. Paulson

Honors Program: Senior Projects (Public)

In response to the growing tension between civil liberties and civil rights, this research investigates the relationship between the relative expansiveness of free speech and a the nationwide propensity for hate crimes. I argue that government’s legal limitations of speech influence the development of linguistic and hierarchical norms in a national culture. Given structural inequality’s association to violence and crimes of intimidation, I hypothesize that as the government expands the legal bounds of free speech, the national propensity for hate crimes decreases. Text analyses of 50 influential freedom of expression rulings in the United States (U.S.) Supreme Court from 1919-2019 …

The “External Element” Of The Obligation To Ensure Respect For The Geneva Conventions: A Matter Of Treaty Interpretation, Marten Zwanenburg

International Law Studies

In Common Article 1 of the 1949 Geneva Conventions, States Parties undertake to “respect and ensure respect” for the Conventions. This article focuses on the question whether an interpretation of that provision leads to the conclusion that it contains an external element. The term “External element” refers to an obligation for States to ensure respect for the Conventions not only internally (i.e., by their nationals as a whole), but also by other States, and possibly even by organized armed groups involved in extraterritorial non-international armed conflicts. The article applies the rules of treaty interpretation, as codified in Articles 31 – …

False Positivism: The Failure Of The Newest Originalism, Guha Krishnamurthi

BYU Law Review

Originalism is a juggernaut. It pervades our constitutional discourse and it has become a fort and font of constitutional legitimacy. A number of our most prominent jurists and legal thinkers are self-described originalists and, in myriad constitutional cases, originalist argumentation demands our serious attention. Notwithstanding, originalists have struggled to forge any meaningful consensus on the most foundational issues. Among the serious problems, originalist theories have each struggled to navigate between preserving core features and fixed stars of our law and remaining a distinctive theory with fidelity to "original meaning."The newest effort in this struggle is the so called "positive" turn …

Enhancing Deaf People’S Access To Justice In Northern Ireland: Implementing Article 13 Of The Un Convention On The Rights Of Persons With Disabilities, Bronagh Byrne, Brent Elder, Michael Schwartz

College of Education Departmental Research

Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) specifies that disabled people have the right to ‘effective access to justice’ on an equal basis with others. This includes Deaf people. There is a distinct lack of research which explores the extent to which Article 13 UNCRPD is implemented in practice and which actively involves Deaf people in its implementation and monitoring. This paper shares findings from a rights-based research study co-produced with a Deaf Advisory Group and a Deaf-led organisation. It explores the implementation of Article 13 UNCRPD in Northern Ireland through the …

Enlightenment Thinker Cesare Beccaria And His Influence On The Founders: Understanding The Meaning And Purpose Of The Second Amendment’S Right To Keep And Bear Arms, Mark W. Smith

Pepperdine Law Review

Often hailed as the father of modern criminology, the writings of the prominent eighteenth-century Italian thinker Cesare Beccaria were deeply influential on the American Founders’ views of criminal law and theory. Courts, lawyers, and legal observers recently have begun to appreciate Beccaria’s influence, including on such timely topics as the pardon power, the theory of criminal sentencing, and the moral implications of the death penalty. But another topic Beccaria wrote about with great influence has been largely neglected: the individual right to keep and bear arms. This article seeks to correct this gap in the current scholarship surrounding Beccaria’s thought …

“Magic Words” And Original Understanding: An Amplified Clear Statement Rule To Abrogate Tribal Sovereign Immunity, Justin W. Aimonetti

Pepperdine Law Review

The Indian plenary power doctrine—an invention of the late nineteenth-century Supreme Court—grants Congress exclusive authority to legislate with respect to Indian tribes, including the ability to abrogate tribal sovereign immunity. Under current doctrine, Congress must “unequivocally express” its intent to abrogate the sovereign immunity of Indian tribes with “explicit legislation.” Circuit courts tasked with applying this standard have split on the level of textual specificity required to strip tribes of their immunity. Employing the tools of statutory construction, courts are divided over whether the term ‘domestic government,’ as found in Section 106 of the Bankruptcy Code, unequivocally covers Indian tribes. …

Greenbacks, Consent, And Unwritten Amendments, John M. Bickers

Arkansas Law Review

"I remember a German farmer expressing as much in a few words as the whole subject requires: “money is money, and paper is paper.”—All the invention of man cannot make them otherwise. The alchymist may cease his labours, and the hunter after the philosopher’s stone go to rest, if paper cannot be metamorphosed into gold and silver, or made to answer the same purpose in all cases."

Every day Americans spend paper money, using it as legal tender. Yet the Constitution makes no mention of this phenomenon. Indeed, it clearly prevents the states from having the authority to make paper …

Faculty List

Tulsa Law Review

No abstract provided.

The Idea Of Contract In Japanese Law And Culture, Sara Landini

Japanese Society and Culture

The paper deals with contract law in Japan in the perspective of law and literature in order to better understand some basic concepts that actually are not a translation of western concept like good faith.

Upstream Tax Planning: A Case Study Of Why Congress Should Institute A General Anti-Abuse Rule, Jay A. Soled

North Carolina Law Review

No abstract provided.

Diagrammatics And The Proactive Visualization Of Legal Information, Michael D. Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz

University of Arkansas at Little Rock Law Review

No abstract provided.

The Corpus And The Critics, Thomas R. Lee, Stephen C. Mouritsen

University of Chicago Law Review

Most any approach to interpretation of the language of law begins with a search for ordinary meaning. Increasingly, judges, scholars, and practitioners are highlighting shortcomings in our means for assessing such meaning. With this in mind, we have proposed the use of the tools of corpus linguistics to take up the task. Our proposals have gained traction but have also seen significant pushback. The search for ordinary meaning poses a series of questions that are amenable to evaluation and analysis using evidence of language usage. And we have proposed to use the tools of corpus linguistics—tools for assessing patterns of …

Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii

Articles

Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law review articles to probe the nature of legal knowledge co-production and de facto peer review in the legal literature. Using a survey and a textual analysis of about thirty thousand law review articles from 2008 to 2017, we examined the nature of knowledge …

Solution Or Setback: Legal And Practical Implications Of School Threat Assessments For Ohio Students With Disabilities, Margaret Miles

University of Dayton Law Review

No abstract provided.

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and conservative …

Contracting In The Age Of Smart Contracts, Farshad Ghodoosi

Washington Law Review

Smart contracts lie at the heart of blockchain technology. There are two principal problems, however, with existing smart contracts: first, the enforceability of smart contracts remains ambiguous. Second, smart contracts are limited in scope and capability barring more complex contracts from being executed via blockchain technology. Drawing from the existing literature on contracts and smart contracting, this Article suggests new approaches to address these two problems. First, it proposes a framework based on reliance-based contracting to analyze smart contracts. Second, the Article analyzes the seismic shifts in contractual disputes, and offers new insights into its features including decentralized decision-making, network-based …

The Library Of Babel For Prior Art: Using Artificial Intelligence To Mass Produce Prior Art In Patent Law, Lucas R. Yordy

Vanderbilt Law Review

Artificial intelligence is playing an increasingly important role in the invention and innovation processes of our society. To date, though, much of the academic discussion on the interaction of artificial intelligence and the patent system focuses on the patentability of inventions produced by artificial intelligence. Little attention has been paid to organizations that are seeking to use artificial intelligence to defeat the patentability of otherwise patent-worthy inventions by mass producing prior art. This Note seeks to highlight the consequences of allowing mass-produced, AI-generated prior art to render valuable inventions unpatentable. Specifically, this Note concludes that AI-generated prior art decreases the …

Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent

William & Mary Law Review

A law of public office crystallized in Anglo-American law in the seventeenth and eighteenth centuries. This body of law—defined and enforced through a mix of oaths, statutes, criminal and civil case law, impeachments, and legislative investigations—imposed core duties on holders of public executive offices: officials needed to serve the public good, not their own private interests; were barred from acting ultra vires; could often be required to account to the public for their conduct in office; and needed to act with impartiality, honesty, and diligence. Officeholding came to be viewed as conditional, with officers removable for misdeeds. These substantive duties …

If The Music Hadn’T Stopped, Or Reflections On The Great Kerfuffle: Historicism’S Continuing Grasp For Truth, John Henry Schlegel

Journal Articles

I was pretty indifferent to my undergraduate education, but I hated law school because it was full of things one couldn’t do. One couldn’t use a statute analogically, couldn’t take into account realpolitik when analyzing cases, couldn’t rethink legal education from the bottom up, and it was pretty much “out there” to count votes when predicting case outcomes. Six years later, when in 1973 I came to teach at Buffalo, I experienced a quite different world; there were all sorts of possibilities. The great intellectual kerfuffle that went by many names—structuralism, post-structuralism, postmodernism, even Marxism and Critical Legal Studies (CLS)—burned …

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Washington International Law Journal

Video of George Floyd’s death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d’être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Measuring Semantic Relatedness: A Proposal For A New Textual Tool, Katherine A. Cohen

Vanderbilt Law Review

Judicial decisions, statutes, constitutions, sentencing guidelines, and ERISA-related documents have at least one thing in common: at a molecular level, the laws are all composed of words. The scientific study of linguistics, particularly the field of semantics, analyzes what words mean and how they are connected with each other. And yet, thus far, the legal field has taken little notice of academic and technological breakthroughs in the field of linguistic semantics. This Note seeks to highlight the potential utility of linguistic semantic tools in interpreting legal texts. Specifically, applying algorithms to a free online lexical database allows anyone with a …

Rise To Thrive: A Vision For A Transformed And Equitable Education System, Center For Public Research And Leadership

Center for Public Research and Leadership

How might we design an education system that prepares every child, of every race and background, to thrive in school and in life? We answer this question in RISE to Thrive: A Vision for a Transformed and Equitable Education System.

Based on conversations with more than 300 students, families, teachers, education leaders, and organizers, among others, our latest publication also incorporates existing research on instructional practices as well as the insights and innovations gained since the pandemic. We hope RISE to Thrive will help education leaders transform their school systems into more equitable ones.

The Oa Diamond Journals Study, Part 2: Recommendations, Arianna Becerril, Lars Bjørnshauge, Jeroen Bosman, Jan Erik Frantsvåg, Bianca Kramer, Pierre-Carl Langlais, Vanessa Proudman, Claire Redhead, Didier Torny, Pierre Mounier

Copyright, Fair Use, Scholarly Communication, etc.

Science Europe and cOAlition S publish an in-depth report and recommendations arising from a study of community-driven Open Access journals across the world that are free for readers and authors, usually referred to as 'OA diamond journals'.

The study examines the areas that are critical for OA diamond journals, from legal structures and governance to technical capabilities, editorial processes, and funding models. The recommendations made in the report are designed to help research funding organisations, institutions, scholarly societies, and infrastructures sustainably strengthen OA diamond journals in the context of Open Science.

The study was commissioned by cOAlition S and funded …