Digital Commons Network^™

Codifying And Miscodifying Judicial Anti-Abuse Tax Doctrines, Linda Jellum

Articles

No abstract provided.

Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens

Articles

No abstract provided.

Policy Influences And Country Clusters: A Comparative Analysis Of Internet Safety Policy Implementation, Brian O'Neill

Articles

EU Kids Online has developed a four cluster classification of 25 European countries based on the activities undertaken, the exposure to risk and harm, and type of internet safety mediation experienced by young people across Europe.

The purpose of this report is to add a further dimension by examining the policy context and to look at how countries within each cluster approach implementation of internet safety. Implementation in this context refers to a) policy frameworks and b) policy actions undertaken at the individual country/regional level.

Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton

Articles

No abstract provided.

The Changing Discourse Of The Supreme Court, Stephen M. Johnson

Articles

In addition to exploring whether the Court’s opinions have become less readable, this Article also examines whether factors identified in other studies, such as the opinion type or the subject matter in dispute, correlate to the readability of the Court’s opinions, either in the 1930's or today, and whether that has changed over time.

Part I outlines the criticisms that have been leveled at the Supreme Court’s opinions and some of the possible reasons for the obfuscation of the opinions. Part II explores the purposes of, and intended audiences for, Supreme Court opinions and considers whether it really matters whether …

The Religious Landscape Of Walter Macken's Fictional Universe, Eamon Maher

Articles

Eamon Maher lectures in the Department of Humanities, Technological University Dublin. He is director of the National Centre for Franco-Irish Studies.

Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Plener Cover

Articles

No abstract provided.

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

Articles

Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …

Reimagining Record Groups: A Case Study And Considerations For Record Group Revision, Matthew J. Gorzalski

Articles

No abstract provided.

Beyond Textualism: Why Originalist Theory Must Apply General Principles Of Interpretation To Constitutional Law, Richard A. Epstein

Articles

No abstract provided.

Regarding Re's Revisionism: Notes On 'The Due Process Exclusionary Rule', Albert W. Alschuler

Articles

No abstract provided.

Replacing The Presumption Against Extraterritoriality, Zachary D. Clopton

Articles

No abstract provided.

Chaining The Dog Of War: Comparative Data, Tom Ginsburg

Articles

No abstract provided.

'A Reflective Conversation: Community And Hei Perspectives On Community-Based Research', Niamh O'Reilly, Catherine Bates

Articles

This paper is a reflective correspondence between a community partner and a community-based research coordinator in a higher education institute (HEI). We asked each other questions about our experience of collaborating on two community-based research (CBR) projects, in order to share our learning from our collaboration, and to relate this to the wider context in order to develop recommendations for others – community partners and HEI staff – who would like to initiate CBR projects in the future.

A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens

Articles

Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term “adaptive governance” is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we …

Securities Regulation Of Alternative Litigation Finance, Wendy Gerwick Couture

Articles

No abstract provided.

Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard

Articles

No abstract provided.

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

Articles

No abstract provided.

Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker

Articles

No abstract provided.

Foreword To Reviews (Books On The Law Of Contracts), Lisa Bernstein

Articles

No abstract provided.

Compliance Of The United States With International Labor Law, David Weissbrodt, Matthew Mason

Articles

The article focuses on the U.S. compliance with international labor law in 2014. Topics include the U.S. membership in the International Labour Organization (ILO), the number of labor conventions followed by the U.S. in 2014, and labor laws and legislation in the U.S. in 2014. Information is provided on ILO standards, including the right to organize, the rights of noncitizen workers, and workers' rights of collective bargaining and strikes.

Statutory Reading Of Opaque Constructions - Errors And Purposes, Brian H. Bix

Articles

In her excellent article, Misreading Like a Lawyer: Cognitive Bias in Statutory Interpretation,1 Professor Jill Anderson explains an intri- cacy of sentence meaning that is well known by linguists, generally handled adequately by most of us in normal conversation, but appar- ently misunderstood and badly handled by lawyers and judges. The misreading in question is based on what linguists call “opaque con- structions”: texts whose structural ambiguity creates alternative read- ings. These alternative readings are generally known (as Anderson points out) as “de re” and “de dicto” interpretations. As the article clearly explains, opaque constructions differ from other sentences by …

Human Rights Standards Concerning Transnational Corporations And Other Business Entities, David Weissbrodt

Articles

The rapid expansion of transnational economic activity and corresponding growth in power of transnational corporations and other business entities have prompted renewed international discourse and action over the past decade to address the human rights abuses committed by businesses. 2 The responsibility of businesses to respect human rights has been at the heart of the discussion. The Universal Declaration of Human Rights (UDHR), adopted in 1948, states that "every individual and every organ of society ... shall strive by teaching and education to promote respect for these rights and freedoms and ... to secure their universal and effective recognition and …

An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

Articles

Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …

Why Crime Rates Are Falling Throughout The Western World, Michael Tonry

Articles

Crime rates have moved in parallel in Western societies since the late Middle Ages. Homicide rates declined from 20 to 100 per 100,000 population in western Europe to one per 100,000 in most Western countries by the beginning of the twentieth century. Crime rates in major cities and in countries fell from the early nineteenth century until the middle of the twentieth. From the 1960s to the 1990s, rates for violent and property crimes rose in all wealthy Western countries. Since then, rates in all have fallen precipitately for homicide, burglary, auto theft, and other property crimes. The patterns appear …

Gastro-Topogrophy: Exploring Food-Related Placenames In Ireland, Máirtín Mac Con Iomaire

Articles

Most Irish people likely have little or no knowledge of the richness and variety of their ancestor’s diet before the arrival of the potato. For generations, food was considered far too common to be considered a field of study. Considering the primacy of food in people’s lives generally throughout history, it is logical that food be reflected in toponymic references to environment and landscape. This article taps into a wide range of material including poetry, prose, travellers’ reports, mythology, folklore, letters, shipping records, and archaeological evidence, both to contextualize the food-related placenames of Ireland, and to explore what Irish placenames …

Comparative Law And Economics Of Standard-Essential Patents And Frand Royalties, Thomas F. Cotter

Articles

Standard setting organizations often require their members to declare which of their patents are essential to the practice of a prospective standard, and to agree to license any such standard-essential patents (SEPs) on "fair, reasonable, and nondiscriminatory" (FRAND) terms. Among the issues that have arisen in recent disputes involving FRAND-encumbered SEPs are (1) whether a FRAND commitment creates a binding contract for the benefit of third parties, obligating the SEP owner to forgo the right to seek injunctive relief for the infringement of the SEP; (2) whether the law of remedies, or other principles of generally applicable civil law such …

A Strange Kind Of Identity Theft: How Competing Definitions Of "Indian" May Deny Individual Identity, Suzianne D. Painter-Thorne

Articles

To the extent we think about it all, most of us believe what our parents tell us about where we came from-about who our grandparents are, who our ancestors were, our ethnic background, our family histories. My own family story includes claims to Scottish, Irish, French, and English ancestry. It also includes the Cherokee great-grandmother so popular in American genealogical stories. I have not undertaken an extensive genealogical search to more accurately pinpoint the threads of my ancestral quilt; I have simply accepted the family lore without much thought to whether it was verifiable.

My family's claimed link to the …

Reflections On The Indictment Of Sitting Heads Of State And Government And Its Consequences For Peace And Stability And Reconciliation In Africa, Charles Chernor Jalloh

Articles

In these remarks, the author considers the most recent challenge to the application of international criminal justice in Africa: Kenya's controversial November 2013 proposal to amend the Rome Statute of the International Criminal Court to temporarily exempt from prosecution sitting presidents accused of involvement with international crimes. He examines several legal and practical reasons why such a proposal is untenable. Instead, citing the principle of complementarity and urging the principled use of judicial and prosecutorial discretion, he contends that much of the African Union's current concerns about the Kenya Situation can be addressed within the confines of existing Rome Law. …

Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers

Articles

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …