Digital Commons Network^™

Is Visual Selective Attention In Deaf Individuals Enhanced Or Deficient? The Case Of Useful Field Of View, Matthew Dye, Peter Hauser, Daphne Bavelier

Articles

Background: Early deafness leads to enhanced attention in the visual periphery. Yet, whether this enhancement confers advantages in everyday life remains unknown, as deaf individuals have. been shown to be more distracted by irrelevant information in the periphery than their hearing peers. Here, we ~how that, in a complex attentional task, a performance advantage results for deaf individuals. Methodology/Principal Findings: We employed the Useful Field of View (UFOV) which requires central target identification concurrent with peripheral target localization in the presence of distraetors - a divided, selective attention task. First, the comparison of deaf and hearing adults with or without …

Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

This article argues that current efforts to reform the Compact are flawed because they lack an essential element: judicial oversight of agency decision-making. The first section explores the important role that juvenile court judges play in making placement decisions for foster children. Next, an examination of the current problems in the interstate placement process demonstrates the vital need for judicial oversight of the system. Finally, a specific proposal is put forth on how best to incorporate judicial oversight without interfering with the sovereignty of states.

Translating Unocal: The Expanding Web Of Liability For Business Entities Implicated In International Crimes, Anita Ramasastry, Robert C. Thompson, Mark B. Taylor

Articles

The Ninth Circuit ruled that a corporation could be held liable under the federal Alien Tort Claims Act for its complicity in a violation of international criminal law occurring outside the U.S. (Doe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002)). Since then, litigants have filed increasing numbers of such cases. These cases raise two questions: (1) Is the United States the only country that provides judicial accountability for business entities involved in international crimes abroad? and (2) How are other countries "translating" the basic kinds of accountability that Unocal recognized into their own legal systems? This Article …

Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang

Articles

This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.

The Anabaptist Conscience And Religious Exemption To Jury Service, Michael Hatfield

Articles

While the concern over religiously devout Americans who wish to serve on juries is a serious one, a potential juror dismissed from service over his or her religiosity suffers a real but relatively abstract damage. The punishment is being sent home when they want to stay.

This Article examines a different issue with more severe consequences: religiously devout citizens who risk being jailed for refusing to serve on a jury. Rather than asking whether Jesus could serve on a jury, this Article addresses whether we should force Jesus to serve if he said God told him not to. More specifically, …

Open Source License Proliferation: Helpful Diversity Or Hopeless Confusion?, Robert W. Gomulkiewicz

Articles

A decade ago, I observed that licenses were the "unnoticed force" behind free and open source software ("FOSS"). Since then, legal scholarship on FOSS licensing has gone from a trickle to a torrent. Likewise, economists, political scientists, and anthropologists (among others) have begun to focus on FOSS licensing, each from their own academic perspectives. FOSS programmers themselves (known as "hackers" in the FOSS community) have refocused on FOSS licensing, most notably by revising the most venerable FOSS license, the GNU General Public License ("GPL"), for the first time in more than fifteen years.

One prominent issue among hackers and business …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

Articles

In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …

Globalization And Standards: The Logic Of Two-Level Game, Jane K. Winn

Articles

The emergence of a global information architecture has fueled regulatory competition among nations and regions to set information and communication technology (“ICT”) standards. Such regulatory competition can be thought of as a two level game: level one is competition to set ICT standards within a nation or region; level two is competition to set the global ICT standards with reference to local standards.

The United States and the European Union are global leaders in setting ICT standards, and compete to set global ICT standards based on different local regulatory cultures: the U.S. is a “liberal market economy” (“LME”) within which …

From Environment To Energy: China's Reconceptualization Of Climate Change, Dongsheng Zang

Articles

Domestically and internationally, by the first half of 2009 it was already questionable whether the Copenhagen Conference could achieve anything. Anthony Giddens warned-in an otherwise inspiring book on climate change-that "doomsday is no longer a religious concept, a day of spiritual reckoning, but a possibility imminent in our society and economy." In such a context, it becomes imperative to revisit some of the fundamental issues in the Kyoto Protocol framework. Are timetables and targets really the best way to regulate climate change? Does the current framework create bad politics? Where are the powerful driving forces towards a low-carbon society?

This …

Worst Case And The Worst Example: An Agenda For Any Young Lawyer Who Wants To Save The World From Climate Chaos, William H. Rodgers, Jr., Anna T. Moritz

Articles

Wherever you turn with regard to climate change, you'll hear about the worst, and the worst of the worst, and the worst that will happen after that. Young lawyers should put themselves in the right frame of mind to tackle all these "worsts" that are headed our way.

In the interest of keeping it simple, we would suggest a personal strategy for every young lawyer that would entail: (I) Honoring Knowledge and Learning; (II) Protecting Your Institutions and Loving Your Country; (III) Planning and Conducting Your Personal War on Bad Law; and (IV) Rejecting Defeatism and Impossibility Theorems.

Let's consider …

Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka

Articles

This short Article will discuss Japan's national IP strategy and changes brought to the IP system, focusing on features that follow the U.S. IP system. Additionally, it will review these changes from the comparative law perspective and evaluate whether the new system has accomplished its national strategy mission.

An Investigation Into The Semantics Of English Topological Prepositions, John D. Kelleher, Colm Sloan, Brian Mac Namee

Articles

This paper describes a psycholinguistic experiment that investigates whether the applicability of the topological spatial prepositions "at", "on" or "in" to describe the spatial configuration between two objects is related to the topological relationships between objects being described

Supporting Value Creation By Reducing Cultural Distance As A Barrier To Exporting, Thomas Cooney, Amanda Ratcliffe, Jane Silver

Articles

Value creation at the level of the organisation involves balancing the interests of several different stakeholders, with exporting occasionally viewed as a broad-based strategy capable of achieving such equilibrium. However, while much has been written concerning the logistical and economic challenges faced by SMEs wishing to avail of market opportunities abroad, there remains a dearth of information offering solutions to overcoming cultural distance as a barrier to exporting. An EU project entitled ‘Passport to Trade’ sought to provide greater insight into business culture by collating the customs and subjective norms of all member states within the EU and making the …

Theory, Identity, Vocation: Three Models Of Christian Legal Scholarship, William S. Brewbaker Iii

Articles

Recognizably Christian scholarship is becoming more commonplace in the American legal academy yet little systematic attention has been given to fundamental questions of approach This article highlights moments of continuity and discontinuity between Christian legal scholarship and its secular counterparts Contrary to the expectations generated by contemporary political debate the distinctive contribution of Christian legal scholarship is not primarily to provide ammunition for political programs of the right or the left but to situate law and human legal practices within a larger story about the worldThis article develops three models of Christian legal scholarship theory identity and vocation I employ …

Ethics Reform In Alabama, Susan Pace Hamill

Articles

No abstract provided.

Four Observations About Hate Speech Articles & Essays, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

A Revaluation Of Cy Press Redux, Alberto B. Lopez

Articles

With its enactment in 2, Section 413 of the Uniform Trust Code (UTC) introduced the most recent, and important, revision to a court's cy pres power since the nineteenth century. Section 413 expands the court's power to redistribute the assets of failing charitable trusts by transforming one of the traditional elements of cy pres into a presumption, abandoning the traditional cy pres redistribution standard, and providing an additional justification for the exercise of the power. Although scholars have scrutinized other portions of the UTC, the UTC's reconfigured cy pres has failed to provoke scholarly discussion even though it has been …

Churches As First Amendment Institutions: Of Sovereignty And Spheres, Paul Horwitz

Articles

This Article offers a novel way of approaching the role of churches and other religious institutions within the First Amendment framework Beyond that it offers a broader organizing structure for the legal treatment of First Amendment institutions entities whose fundamental role in shaping and contributing to public discourse entitles them to substantial autonomy to organize and regulate themselves without state interference Drawing on the work of the neoCalvinist writer Abraham Kuyper it encourages us to think about churches and other First Amendment entities as sovereign spheres nonstate institutions whose authority is ultimately coequal to that of the state In the …

The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

The Law Of The Noose: A History Of Latino Lynching Symposium: The Jenna Six, The Prosecutorial Conscience, And The Dead Hand Of History, Richard Delgado

Articles

No abstract provided.

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

Articles

I analyze developments in California as that state approached the tipping point at which its population would contain 50 percent minorities of color I showed that elite whites were making consciously or not efforts to hang onto power beyond the point at which sheer numbers would suggest that they ought to be sharing it with citizens of color

When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg

Articles

The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary …

Totem, Taboo And The Concept Of Law: Myth In Hart And Freud, Jeanne L. Schroeder

Articles

The article critically examines H.L.A. Hart’s The Concept of Law, arguing that its foundational narrative of legal evolution relies on a mythological anthropology. Hart’s account of the transition from primitive to modern legal systems through secondary rules is revealed to be a myth that, while not historically accurate, conveys deeper truths about the nature of law and modernity. The analysis draws parallels between Hart’s mythography and Freud’s psychoanalytic theories, particularly in Totem and Taboo and Moses and Monotheism, to explore how both thinkers conceptualize the origins of law as a shift from direct force to symbolic authority. The article contends …

Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes

Articles

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)

Critique Of Money Judgment (Part Two: Liens On New York Personal Property), David G. Carlson

Articles

The article critiques the New York Civil Practice Law and Rules (CPLR) for its outdated and overly complex framework governing money judgments, particularly in the creation, enforcement, and priority of judicial liens. It argues that the CPLR's inefficiencies and inconsistencies, exacerbated by conflicts with federal bankruptcy law and the Uniform Commercial Code (UCC), lead to unjust outcomes for both debtors and creditors. The article proposes modest reforms to align the CPLR with modern legal standards, simplify procedures, and eliminate unnecessary distinctions between tangible and intangible property.

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

Articles

No abstract provided.

Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani

Articles

No abstract provided.

Separation Of Powers In Brazil, Keith S. Rosenn

Articles

No abstract provided.

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Articles

No abstract provided.

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

The article explores the potential benefits of integrating proportionality theory, traditionally used in sentencing, into litigation challenging harsh prison conditions under the Eighth Amendment. It argues that this approach could offer new avenues for addressing the limitations of current conditions of confinement jurisprudence by reimagining how courts evaluate the constitutionality of prison conditions.