Digital Commons Network^™

Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor

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No abstract provided.

More Than Primary Sources: Teaching About The Archival Profession As A Method Of K-12 Outreach, Eleanor Dickson, Matthew J. Gorzalski

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Traditional archival outreach methods for K-12 students teach children how to be historians-not archivists-by emphasizing critical thinking skills and document analysis. In contrast, K-12 outreach in the field of archaeology simultaneously emphasizes archaeological work, historical analysis, and critical thinking. This article examines both the archival and archaeological K-12 outreach models and draws from one author's experiences at The History Center in Diboll, Texas, to suggest changes to archival K-12 outreach that will leverage the profession's preexisting interactions with students to advocate for archives.

Back To The Future: The In Loco Parentis Doctrine And Its Impact On Whether K-12 Schools And Teachers Owe A Fiduciary Duty To Students, John E. Rumel

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No abstract provided.

Preserving Wealth And Inheritance Through Medicaid Planning For Long-Term Care, John A. Miller

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No abstract provided.

A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page

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By studying the scene through the eyes of the client and the witnesses, the attorney can not only evoke this psychological subtext, but can also weave relevant and probative details into the statement of facts and the argument and elicit such detail at trial. For instance, in a case involving a car accident, the weather, the temperature, the time of day, the traffic on the road, and the color of the cars, signs, and traffic lights can be relevant as to the degree that a driver was negligent. Similarly, in a case involving child neglect, the smell of a home, …

Romancing The Stone Age: John Updike's "Wife-Wooing" And The Naturally Occurring Nuclear Family, Sue Norton

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No abstract provided.

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

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Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.

Already, substantive …

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

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Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

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Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …

Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein

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No abstract provided.

Removal As A Political Question, Aziz Huq

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When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision's linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …

Cyber-Conflict, Cyber-Crime, And Cyber-Espionage, David Weissbrodt

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Computers and the Internet have changed and are continuing to change the way governments, militaries, businesses, and other organs of society manage their activities. While computers can improve efficiency, they are vulnerable to cyber-attack, cyber-crime, and cyber-espionage. 1 The international community, states, and businesses are still adapting to the unique set of challenges posed by cyber-attack, cyber-crime, and cyber-espionage. States are creating military operations that specialize in cyber-attack and defense to adapt to these relatively new threats to national security operations. 2

Individual Responsibility For Mass Atrocity: In Search Of A Concept Of Perpetration, Neha Jain

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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability can be attributed to intellectual authors and leaders. In this paper, I draw on the insights of comparative law and methodology to propose a new doctrine of perpetration that reflects the role and function of high level participants in mass atrocity while …

Dampening Financial Regulatory Cycles, Brett Mcdonnell

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No abstract provided.

A History Of Legal History Courses Offered In American Law Schools, Joan Howland

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No abstract provided.

Numerical Half Truths, Human Lies, And Other Distortions Of Truth, Richard W. Painter

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No abstract provided.

Law Schools And The Continuing Growth Of The Legal Profession, Herbert M. Kritzer

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In most countries for which data are available, the size of the legal profession has continued to grow over the last 40 plus years. This continued growth reflects the perceived attractiveness of a career as a legal professional (i.e., the demand) and the incentives of the institutions that provide legal education, and hence serve as primary gatekeepers, to maintain or increase the number of students they enroll. In some countries, perhaps most prominently the United States, structural changes in the opportunities for careers in the legal profession are likely to put pressure on law schools that could result in changes …

Private Enforcement, Steven B. Burbank, Sean Farhang, Herbert M. Kritzer

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Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …

It's The Law Schools Stupid! Explaining The Continuing Increase In The Number Of Lawyers, Herbert M. Kritzer

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Many countries around the world have experienced sharp increases in the number of legal professionals over the last 40 to 50 years. In this paper, I focus on the role of the gatekeepers which in most countries today are the institutions that provide education and training for those hoping to enter the profession. I argue that while the profession may have an incentive to control the “production of producers,” the educational institutions do not share this incentive. While this argument has been made previously, in this paper I seek to draw out the implications of the institutional incentives, both with …

Reining In Remedies In Patent Litigation: Three (Increasingly Immodest) Proposals, Thomas F. Cotter

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This essay, which builds on my recent work on the law and economics of comparative patent remedies, presents three proposals relating to the enforcement of domestic patent rights. The first, which may be close to being adopted in the United States, is for the courts and the International Trade Commission (ITC) to adopt a general presumption, grounded in patent law and policy, that patent owners who have committed to license their standard essential patents (SEPs) on fair, reasonable, and nondiscriminatory terms are not entitled to permanent injunctions or exclusion orders, but rather only to a damages in the form of …

Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Mary Louise Fellows, Lily Khang

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This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, “Costly Mistakes,” this Article's thesis has to do with the disparate treatment of expenditures incurred by business owners and workers. Where the current tax law treats a business owner's expenditure as investment, the Article sometimes finds consumption and questions why the law should allow the expenditure to be deducted. Where the tax law treats a worker's expenditure as consumption, the Article sometimes finds investment and questions why the law does not allow at least a …

Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw

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As U.S. states and foreign nations began recognizing same-sex marriages over the last dozen years, the anti-gay definitions of "marriage" and "spouse" in Section 3 of the Defense of Marriage Act ("DOMA'') rendered those marriages invisible for immigration purposes. Thousands of U.S. citizens were left with a cruel choice between country and family: Remain alone in the United States or start anew with spouses and stepchildren abroad. Other couples did not qualify to emigrate anywhere together, leaving them no choice at all. DOMA also devastated children. Not only might they be separated from one parent, but their own immigration or …

Reflections On A Decade Of Global Rankings: What We've Learned And Outstanding Issues, Ellen Hazelkorn

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Ten years after the first global rankings appeared, it is clear that they have had an extraordinary impact on higher education. While there are fundamental questions about whether rankings measure either quality or what’s meaningful, they have succeeded in exposing higher education to international comparison. Moreso, because of the important role higher education plays as a driver of economic development, rankings have exposed both an information deficit and national competitiveness. Accordingly, both nations and institutions have sought to maximise their position vis-á-vis global rankings with positive and perverse effects. Their legacy is evident in the way rankings have become an …

Risks And Safety On The Internet: Comparing Brazilian And European Children, Alexander Barbosa, Brian O'Neill, Cristina Ponte, Simões Simões, Tatiana Jereissati

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A child’s home and school are the most frequently reported locations of internet use in Brazil: 60% of Brazilian children aged 9 to 16 who used the internet claimed to access it from home, and 42% from school, whereas in Europe this proportion is 87% for home access and 63% for schools.

However, when it comes to accessing the network from publicly sponsored internet access centres such as Local Area Network (LAN) Houses or cybercafés, the value in Brazil is considerably higher when compared to Europe, 35% against 12% respectively. Access from public libraries is far more popular in Europe …

Spectral Multiplicity Of Selfadjoint Schrodinger Operators On Star-Graphs With Standard Interface Conditions, Sergey Simonov, Harald Woracek

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We analyze the singular spectrum of selfadjoint operators which arise from pasting a finite number of boundary relations with a standard interface condition. A model example for this situation is a Schroedinger operator on a star-shaped graph with continuity and Kirchhoff conditions at the interior vertex. We compute the multiplicity of the singular spectrum in terms of the spectral measures of the Weyl functions associated with the single (independently considered) boundary relations. This result is a generalization and refinement of Theorem of I.S. Kac.

Ppl, The Foreign Tax Credit, And The Gitlitz “Finger” Principle, Stanley I. Langbein

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No abstract provided.

“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler

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No abstract provided.

From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine

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No abstract provided.

Revisiting 'Truth In Securities Revisited': Abolishing Ipos And Harnessing Private Markets In The Public Good, Adam C. Pritchard

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My thesis is that the transition between private- and public-company status could be less bumpy if we unify the public-private dividing line under the Securities Act and Exchange Act. The insight builds on Cohen's thought experiment where Congress first enacted the Exchange Act. My proposed public-private standard would take the company-registration model to its logical conclusion. The customary path to public-company status is through an IPO, typically with simultaneous listing of the shares on an exchange. There is nothing about public offerings, however, that makes them inherently antecedent to public-company status. What if companies became public, with required periodic disclosures …

Law School As Liberal Education, Sherman J. Clark

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The president of a liberal arts college, if asked why college is worthwhile, would be able to respond on several levels. He or she would certainly say something about the value of the degree as a credential to help students get a job or get into graduate school. In addition, he or she would likely emphasize the professional value of the skills and capacities developed through a liberal education, which can help students succeed at work or in graduate school. More deeply, however, we would expect that he or she would have something to say about the intrinsic value of …