Digital Commons Network^™

How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks

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If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

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Citizens United And Social Welfare Organizations: The Tangled Relationships Among Guidance, Compliance, And Enforcement, Frances R. Hill

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White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

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In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …

I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks

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In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

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Concentrated Enforcement, Leigh Osofsky

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When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax literature suggests that they should be allocated based on a "worst-first" method, whereby the individuals likely to be most noncompliant are targeted. However, while "worst-first" methods can encourage all individuals to increase compliance so as not to be deemed the "worst, " they can also provide cover to engage in noncompliance that …

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

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The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz

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Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges

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Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine

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What Makes A Dutch Company Dutch? The Evolution Of Us Limitation-On-Benefits Provisions, Patricia A. Brown

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Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

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Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

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The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

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Framing A Purpose For Corporate Law, William Wilson Bratton

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Disability, Repressive Regimes, And Health Disparity: Assessing Country Conditions In North Korea, Jae-Chun Won, Janet E. Lord, Michael Ashley Stein, Yosung Song

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This article examines the potential of international human rights standards to account for heightened risk and vulnerability to human rights abuses for persons with disabilities in politically repressive environments. We offer a preliminary assessment of whether and how a disability-cognizant accounting of human rights in repressive regimes can lead to a more credible and comprehensive understanding of disability in such contexts. In so doing, we make the case for a more thorough and thoughtful application of international disability rights standards to better inform human rights investigations, transitional justice approaches, and international criminal law proceedings. To illustrate this methodology, we analyze …

Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord

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The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, Janos Fiala-Butora, Michael Ashley Stein, Janet E. Lord

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This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection. The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …

The Rhetoric Of War: Words, Conflict, And Categorization Post 9/11, Oren Gross, Fionnuala Ní Aoláin

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The Rule Of Law At A Crossroad: Enforcing Corporate Responsibility In International Investment Through The Alien Tort Statute, Jennie Green

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The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky

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This essay considers how we might fit local efforts to address climate change, especially those by very small, suburban cities, within models for solving "global problems." While acknowledging the need for more action on climate change at international, national, and state levels, and regional ones in between, this essay explores how different types of cities, as they participate in multilevel networks, can provide models for action and complement efforts to address climate change through the treaty regime. Using a diverse group of suburbs in the Twin Cities metropolitan region making innovative climate change and sustainability efforts as a case example, …

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

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A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

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The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

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This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Crowd-Classing Individual Arbitrations In A Post-Class Action Era, Myriam E. Gilles, Anthony J. Sebok

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Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs' lawyers skilled in bringing small value, large-scale litigation-the typical consumer, employment, and antitrust claims that have made up the bulk of class action litigation over the past forty years-hit upon a viable business model which would allow them to arbitrate one-on-one claims efficiently and profitably? The obstacles are tremendous: without some means of recreating the economies of scale and reaping the fees provided by the aggregative device of Rule 23, no rational lawyer would expend the resources to develop and arbitrate individual, small-value claims against …

Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw

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In Citizens United v. FEC, the Supreme Court swept away long-standing limits on corporate spending in federal elections, but it also strongly affirmed the constitutionality of robust disclosure and disclaimer requirements. In the wake of that decision, many proponents of campaign finance regulation have turned their attention to disclosure as the best remaining mechanism by which to regulate money in elections. At the same time, opponents of campaign finance regulation — including the legal team behind Citizens United — have trained their sights on disclosure, filing new challenges to existing disclosure require- ments in a number of state or federal …

Benefits Of Video Presentations In Product Design, Alex Lobos

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Product Design uses a human-centered process to develop solutions that solve unmet user needs. Because of the sequential nature of this activity, final designs are often presented in printed process books or digital slideshows, which visually communicate the development of the solution from start to finish rather than focusing just on the final result. Storytelling is a key element to consider when creating these process books in order to communicate the design solution as well as where it came from. An alternative to these presentations is the use of short videos, which offer the advantage of communicating the design process …

Understanding The Attitude-Behavior Gap For Renewable Energy Systems Using Behavioral Reasoning Theory, Marius Claudy, Mark Peterson, Aidan O'Driscoll

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Consumer adoption of renewable energies is an important step towards less carbon-intensive and more sustainable energy systems. But despite growing ecological awareness and articulated preferences for green products, renewable energies face slow rates of diffusion in consumer markets. This has been hard to explain given consumers’ favorability to the concept of products that lower one’s impact on the natural environment. This study uses data from 254 homeowners in Ireland to investigate the psychological process of adopting a renewable energy system – solar energy panels. Applying Behavioral Reasoning Theory (BRT), this research examines a proposed model in which reasons both for …

"Data, Views, Or Arguments": A Rumination, Michael Herz

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No abstract provided.