Digital Commons Network^™

Primary And Secondary Education Recent Developments In The Law: Recent Decisions

The Journal of Law and Education

No abstract provided.

The Ecology Of Breastfeeding, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.

Virtual Playgrounds And Buddybots: A Data-Minefield For Tweens, Valerie Steeves, Ian R. Kerr

Canadian Journal of Law and Technology

This article examines the online places where tweens play, chat, and hang out. We argue that the vision behind these places is defined by commercial imperatives that seek to embed surveillance deeper and deeper into children’s playgrounds and social interactions. Online marketers do more than implant branded products into a child’s play; they collect the minute details of a child’s life so they can build a ‘‘relationship’’ of ‘‘trust’’ between the child and brand. Although marketing to children is not new, a networked environment magnifies the effect on a child’s identity because it opens up a child’s private online spaces …

The Game Of Pleasant Diversion: Can We Level The Playing Field For The Disabled Athlete And Maintain The National Pastime, In The Aftermath Of Pga Tour, Inc. V. Martin: An Empirical Study Of The Disabled Athlete, Donald H. Stone

All Faculty Scholarship

Kenny Walker, a deaf football player; Jim Abbott, a one-handed professional baseball player; Tom Dempsey, a physically disabled professional football kicker; Brad Doty, a paralyzed auto racer; and Nick Ackerman, a wrestler with amputated legs, have all competed at the highest level of sports. Persons with mental illness, individuals who are blind, and students with hearing impairments are seeking an opportunity to compete in fair competition with their non-disabled competitors. Can this occur in a fair, open, and just manner between competing athletes?

Does the Americans with Disabilities Act of 1990 ("ADA"), the landmark civil rights act protecting an individual …

The Power Of Law And Women's Presence In The Thaksin Era, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

The term "law" as used here depicts consistency in ideology, intent, presumption and the imposition of definitions on day-to-day human relations, including male-female relations. The power of law is the process of definition, which takes precedence over experiences, and also takes precedence over the meaning that women give to their own lives.

This paper refutes a rigid division of issues within law and adopts a feminist perspective, rather than that of the mainstream structure. Issues identified as significant by the women’s movement are thus emphasized. I do not refer to law as the only tool feminists need to resort to …

The Travels Of Our Bodies, Ourselves, Jane Pincus

New England Journal of Public Policy

The women’s health book, Our Bodies, Ourselves: A Book by and for Women, was first printed in 1970 by the small, radical New England Free Press. Published by the group of women soon too become the Boston Women’s Health Book Collective, it was advertised solely by word of mouth. Successive newsprint editions reached a quarter of a million people in the United States through colleges and an extensive network of “underground” bookstores. The book placed female sexuality firmly within the framework of women’s health and combined vividly experienced medical encounters with available health and medical information. It critiqued prevailing cultural …

The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard

Journal of Legal Education

No abstract provided.

A Multidisciplinary Comparison Of Rules-Driven Writing: Similarities In Legal Writing, Biology Research Articles, And Computer Programming, Karen L. Koch

Journal of Legal Education

No abstract provided.

The Irrational Supreme Court, Michael I. Meyerson

ExpressO

Abstract: The Irrational Supreme Court

The pejorative “irrational” is used to describe many defects in legal reasoning, but is generally not meant to be understood as a literal lack of rational thinking. Similarly, the “rational basis test” is not meant to determine whether a legislature is “not endowed with reason or understanding,” but rather if it has acted with some hidden, invidious motive. Incredibly, though, the Supreme Court has frequently issued truly “irrational opinions,” simply due to the fundamental nature of group decision-making.

Much has been written about Nobel Prize winner Kenneth Arrow’s “Impossibility Theorem,” which proved that, when faced …

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

Essential Estate Planning For The Constitutionally Unrecognized Families In Oklahoma: Same-Sex Couples, Camille M. Quinn, Shawna S. Baker

Tulsa Law Review

No abstract provided.

Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen

Faculty Scholarship

This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …

The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley

Mercer Law Review

The Food and Drug Administration ("FDA") recently issued an enforcement policy identifying the types of health claims in the disclaimers that are constitutionally permitted on foods and dietary supplements. In 1990 Congress required that before a company could make a health claim on a food product, the FDA must approve the claim as based on significant scientific agreement. While the 1990 law gave the FDA discretion to establish a lesser standard for nutritional supplements than for food products, the FDA chose to apply the same standard. Thus, claims on nutritional supplements had to be supported by significant scientific agreement. Supplement …

Turning Straw Into Gold: Federal Securitization Of Agricultural Commodies, Galen E. Boerema

North Carolina Law Review

No abstract provided.

Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari

The Scholar: St. Mary's Law Review on Race and Social Justice

A balance between anti-terror legislation and civil liberties must be struck. The United States’ “financial war on terror,” following the attacks on September 11, 2001, has had negative consequences for global philanthropy. Charities supplying aid to Muslims in the Middle East and Central Asia have been affected the most, thwarting the acceptance of aid where it is needed. Legislation like the International Emergency Economic Powers Act (IEEPA) has allowed the government to freeze the assets of certain Islamic charities that allegedly aid and abet terrorism. Under this Act, the President has the power to regulate international economic dealing. Subsequent amendments …

Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.

University of Richmond Law Review

No abstract provided.

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

Working Paper Series

This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of …

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

ExpressO

Abstract of The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-9/11 World Marisa S. Cianciarulo, Reuschlein Clinical Teaching Fellow, Villanova University School of Law This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a …

The International Review | 2005 Spring, Michael Rhee

The International Review Newsletter

Can editing be a threat to national security?

Are global counterfeiting and piracy unstoppable?

Report: How to build a more effective United Nations

The WTO 10-year review: A world trading system in peril?

Equal protection for Florida orange juice?

Short breaths for global warming treaty?

Selling an EU constitution to a skeptical public

Bittersweet ending for sugar subsidies?

The end of a long-running WTO tax dispute?

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed.

Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

Reply Declaration On Issues Of International Law, Laws Of War, Corporate Liability In International Law In Agent Orange Ats Litigation, Kenneth Anderson

Legislative Testimony & Comments

This reply declaration elaborates the November 2, 2004 declaration on behalf of corporate defendants by Kenneth Anderson in the Agent Orange product liability ATS case heard before Judge Jack B. Weinstein. I have posted the declaration and this reply declaration to SSRN because of frequent requests for them from academics and because the declaration has been cited in scholarship. The reply declaration addresses the use of Agent Orange in the Vietnam War and the claim that its use in that period violated the laws of armed conflict. It discusses treaty and customary law of poison and poisoned weapons, issues of …

World Trade Organization’S Identity Crisis: Institutional Legitimacy And Growth Potential In The Developing World, Jason Wiener

ExpressO

No abstract provided.

The Loss Of Critique And The Critique Of Violence, Ariella Azoulay

Cardozo Law Review

No abstract provided.

The Story Of Kellogg Co. V. National Biscuit Co.: Breakfast With Brandeis, Graeme Dinwoodie

All Faculty Scholarship

Kellogg Co. v. National Biscuit Co. may be the Supreme Court's most versatile and influential trademark decision. Justice Brandeis' opinion contained language that is now at the core of the statutory test for whether a term should be unprotected because consumers understand the term as the generic name for the product on which it is used. That same language guides courts seeking to determine whether a mark has acquired the degree of secondary meaning necessary to support trademark protection. Plaintiffs seeking to establish trademark rights in a product shape must demonstrate that the shape in question is not "functional" according …

Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard

Articles

No abstract provided.

The Illinois Commonsense Consumption Act: End Of The Road For Fast Food Litigation In Illinois?, Norah Leary Jones

Loyola University Chicago Law Journal

No abstract provided.

Retrospective On Justice And The Poor In The United States In The Twentieth Century, Henry Rose

Loyola University Chicago Law Journal

No abstract provided.

Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.