Digital Commons Network^™

Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones

Missouri Law Review

This Article argues that though the state of the marketplace looks grim, it is not dead yet. Rather, we have entered an era in which the role of the marketplace is shifting. Instead of representing the proverbial promised land of truth and expression, the marketplace is serving an important role in the pursuit of democratic self-governance. From private media companies offering fact-checking services to combat false news to teenagers using social media to call citizens to action on gun reform, the marketplace appears to be adapting. But it remains to be seen whether the marketplace can continue to best serve …

Whole-Of-Society Approach Needed Against Truth Decay, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In an age of pervasive informationflows, governments do not defeat fake news. It's the people as a society whodo.The threatof deliberate falsehoods, or more popularly "fake news", posesserious threats to the democratic wellbeing of societies. The marketplace ofideas increasingly suffers from truth decay, propagated online or offline,imperilling an already vulnerable information ecosystem. In turn,this compromises the functioning of a democracy, which is premised on citizenshaving a shared reality rather than multiple distorted realities.

The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano

University of Miami Law Review

Like toilet paper, menstrual hygiene products, such as tampons and pads, are necessities for managing natural and unavoidable bodily functions. However, menstrual hygiene products widely receive separate treatment in restrooms across the globe. While it would be absurd today to carry a roll of toilet paper at all times, it is considered necessary and common sense for all menstruators to carry menstrual hygiene products at all times, for approximately forty years, in case of an emergency. This is the “Bring Your Own Tampon” (“BYOT”) policy and it is a violation of human rights and equal protection.

This Note seeks to …

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

Poor Execution: Putting An End To Gruesome Death Penalties In Oklahoma, Dallas Jones

Tulsa Law Review

No abstract provided.

Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett

Washington and Lee Law Review Online

In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …

Moral Disarmament: Reviving A Legacy Of The Great War, James D. Fry, Saroj Nair

Michigan Journal of International Law

In short, this Article examines the concept of moral disarmament using a broad-spectrum definition of humanity rather than the traditional IHL perspective. Rather than referring to human rights that are impacted by armaments, this Article looks at methods through which human initiative can create a society that truly hungers for disarmament. In other words, this Article points out that the extent of change that society can bring about through education, intellectual cooperation, peace initiatives, international affairs awareness, and intercultural communication can be reflected in the economic growth, social growth, and development of states. The aim is to help the reader …

Fall 2018 Magazine

Ergo

No abstract provided.

The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Through Rebel Eyes: Rebel Groups, Human Rights, And Humanitarian Law, Hyeran Jo, John Niehaus

Law and Contemporary Problems

No abstract provided.

A Crispr Future For Gene-Editing Regulation: A Proposal For An Updated Biotechnology Regulatory System In An Era Of Human Genomic Editing, Tracey Tomlinson

Fordham Law Review

Recent developments in gene-editing technology have enabled scientists to manipulate the human genome in unprecedented ways. One technology in particular, Clustered Regularly Interspaced Short Pallindromic Repeat (CRISPR), has made gene editing more precise and cost-effective than ever before. Indeed, scientists have already shown that CRISPR can eliminate genes linked to life-threatening diseases from an individual’s genetic makeup and, when used on human embryos, CRISPR has the potential to permanently eliminate hereditary diseases from the human genome in its entirety. These developments have brought great hope to individuals and their families, who suffer from genetically linked diseases. But there is a …

Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, Michael Sinclair

North Carolina Journal of Law & Technology

We need some rules. “Or there will be . . . trouble.”

Counter-Revolutionary: Liberalism, Capital Punishment, And The Next Step Forward, Jason G. Tiplitz

Student Scholarship

Capital punishment is anathema to liberal notions of human rights and civil liberties. It is time to finally cast it aside as an anachronistic vestige of bygone times. The death penalty is fundamentally incompatible with a truly liberal state.

Wrong Conclusion, No Resolution: United Nations Security Council Resolution 2334'S Erroneous Conclusions On The Legality Of Israeli Settlements In Judea, Samaria, And Jerusalem, Howard L. Bressler

Cardozo International & Comparative Law Review

The article challenges the prevailing view that Israeli settlements in Judea, Samaria, and Jerusalem are illegal under international law. It argues that the right of Jews to settle in these areas is rooted in the League of Nations Mandate for Palestine and reaffirmed by Article 80 of the UN Charter, which protects existing rights under international instruments. The analysis contests the validity of UN Security Council Resolution 2334 and asserts that neither the Geneva Convention nor customary international law prohibits Israeli settlements in these territories.

Kennedy's Last Term: A Report On The 2017-2018 Supreme Court, Marc O. Degirolami, Kevin C. Walsh

Faculty Publications

(Excerpt)

Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction?

The character of the Supreme Court in closely divided cases is often a function of the median justice. The new median justice will be Chief Justice John Roberts if Kennedy’s replacement is a conservative likely to vote most often with Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito. This will mark a new phase of …

Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman

Cardozo International & Comparative Law Review

The article critiques the differing interpretations of proximate cause under the Anti-Terrorism Act (ATA) by the Second and Seventh Circuits, arguing that the Seventh Circuit's more relaxed standard, as articulated in *Boim III*, should be adopted universally. The Second Circuit's strict standard, requiring a direct link between the defendant's actions and the terrorist act, is seen as undermining the ATA's purpose of providing remedies for victims. In contrast, the Seventh Circuit's approach, which considers the fungibility of money and imposes liability for material contributions to terrorist organizations with knowledge or reckless disregard, aligns better with the statute's intent to hold …

Badges Of Opportunism: Principles For Policing Restructuring Support Agreements, Edward J. Janger, Adam J. Levitin

Brooklyn Journal of Corporate, Financial & Commercial Law

Bankruptcy is a market for corporate control. Current bankruptcy practice offers two alternative mechanisms for effectuating changes in control of a firm: (1) a pre-plan all-asset sale under section 363(b) of the Bankruptcy Code; or (2) an asset sale or recapitalization pursuant to a plan of reorganization under section 1129 of the Code. Pre-plan sales under section 363(b) are fast, but lack the procedural protections associated with a restructuring or sale pursuant to a plan. Plan confirmation can be costly and uncertain, however. Restructuring support agreements (“RSAs”)—contractual agreements to support a future restructuring that has certain agreed-upon characteristics—appear to offer …

Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja

International Law Studies

Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain …

Migration And Conflict, Padraig O’Malley

New England Journal of Public Policy

The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization—a prescription for violent conflict …

Superwoman And Real Women: Leading, Following, Caring, Evolving, And Sometimes Making Do, William & Mary Law School

One-Time Conferences: Programs

Held on September 21, 2018 at the William & Mary Law School.

Sponsored by the William & Mary Law School:

• Office of the Dean
• Office of Career Services
• Office of Development and Alumni Affairs
• Asian Law Student Association
• Black Law Students Association
• Business Law Society
• George Wythe Society
• Latinx Law Students Association
• Public Service Fund
• Student Bar Association
• W&M Business Law Review
• W&M Journal of Race, Gender and Social Justice
• Women's Law Society

Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz

Arkansas Law Review

Keith Nolan, a deaf man with undergraduate and graduate degrees, asked to be admitted to military training to become a uniformed American soldier. The military said no, and the issue was joined. Nolan’s application presents the Department of Defense (DOD) with an opportunity to reconsider its historical bar to people who are deaf. The Article suggests a new paradigm in thinking about the selection criteria used to screen out deaf applicants for military service, a paradigm rooted in a disability studies framework. With a few exceptions in the Civil War, the United States armed forces have barred people with disabilities, …

The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn

Law Faculty Scholarship

No abstract provided.

Cumulative Faculty Bibliography Through 2009, Fordham Law School Library

Faculty Bibliography

Cumulative Faculty Bibliography Through 2009

“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Self-Defense And Culpability: Fault Forfeits First, Richard J. Arneson

San Diego Law Review

Under what conditions is it morally permissible to kill someone in order to save your own life—or the life of another who is threatened? There seem to be clear cases. Threatened by an assailant who is trying to kill you for no good reason, you may use lethal force if necessary to save yourself from death or serious injury from the assailant’s attack. Threatened with death in the form of an onrushing runaway truck, you may not save yourself by using a bystander or imposing on a bystander in a way that inflicts severe harm on her. In a justly …

Environmental Law: Little Streams And Legal Transformations, Dave Owen

The Judges' Book

No abstract provided.

Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.

Revisiting Belligerent Reprisals In The Age Of Cyber?

Marquette Law Review

None.

The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick

Nevada Law Journal

No abstract provided.