Digital Commons Network^™

Predictions Of Dangerousness In Sentencing: Déjà Vu All Over Again, Michael Tonry

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No abstract provided.

Between Reparations And Repair: Assessing The Work Of The Icc Trust Fund For Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin, Anne Dutton

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No abstract provided.

Buried Treasure: Excavating Foreign Law From Civil Pleadings Filed In U.S. Federal Courts, Loren Turner

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The Animal Science case is one of many cases in U.S. federal courts wherein parties rely in some measure on foreign law as part of a claim or defense. Yet, none of our legal research databases tracks and catalogs the foreign law and legal analysis filed in our courts. In fact, none of our legal research databases even provides an efficient way to find the foreign law and legal analysis filed in our courts. Despite the increasing frequency of cross-border litigation and the various types of cases that trigger a need to determine foreign law, access to foreign law as …

Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg

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The marital presumption of paternity, which arose from English common law, has served as a core component of the law governing parentage in the United States since the nation’s inception. Pursuant to the marital presumption, a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage. Historically, the marital presumption was extremely difficult to rebut, generally requiring proof of the husband’s non-access to his wife during the time of conception, the husband’s sterility or impotence, or adultery on the part of the wife. As these early grounds for rebuttal …

Voice, Strength, And No-Contest Clauses, Karen J. Sneddon

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The will is a unilateral written disposition of probate property to be effective upon the will-maker's death. To have any legal effect, however, the will-maker's family, beneficiaries, and personal representatives, along with the probate court, need to implement the will provisions. To buttress the strength of the will, the language of the will is definitive, certain, and strong. But when the will relies upon standardized language, the voice of the will-maker is flattened or even non-existent. The absence of the willmaker's voice may jeopardize the legal effect of the will.

This Article argues that the over-reliance on "time-tested" formulaic language …

Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William Wilson Bratton

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No abstract provided.

"Scientific Inference" Vs. "Legal Reasoning"? Not So Fast! ¿"Inferencia Cientifíca" Vs."Razonamiento Jurídico"? -- No Tan Rápido!, Susan Haack

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No abstract provided.

Do Me A Syntax: Doggo Memes, Language Games And The Internal Structure Of English, Jeffrey Punske, Elizabeth Butler

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This paper provides a sketch of an analysis of an Internet-based language-game known as Doggo. We show that the properties of the Doggo language game illustrate the underlying syntactic structure of English—where the understood verb is derived from two separate pieces. We also provide suggestions for future research into Internet language games.

Environmental Law. Disrupted, Inara Scott, David Takacs, Rebecca Bratspies, Vasessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom

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The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this latest in a biannual series of postings and essays, the authors, members of the Environmental Law Collaborative (ELC), have taken on the question of whether environmental law as we currently know it is up to the job of addressing these threats; and, if not, what the path forward …

"Scientific Inference" Vs. "Legal Reasoning"? -Not So Fast!, Susan Haack

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To understand why the interactions of science with the legal system can be so problematic, it's not enough to gesture vaguely towards a supposed contrast between scientific and legal "modes of thinking"; we need to look, instead, to the consequences of the different purposes of science and the law, the different constraints under which they pursue those purposes, and the different cultures of the two enterprises. From this perspective we can see why the law sometimes asks more of science than science can give, and sometimes gets less from science than science could give; and also why a simple dichotomy …

Nonparticipation And Perceptions Of Legitimacy, Bernard H. Oxman

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The view that participation by the respondent state enhances the perceived legitimacy of international judicial or arbitral proceedings may play a significant role in a decision not to participate. Such a decision may be prompted by political rather than legal considerations. The object of nonparticipation may be to facilitate exercise of a political option of noncompliance with the judgment or award, notwithstanding prior agreement that it is legally binding. If so, then the basic issue is not nonparticipation as such, but rather noncompliance with a legally binding award or judgment, as well as a legally binding commitment to arbitrate or …

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

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It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …

Innovation Agents, Mirit Eyal-Cohen

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The standard narrative of entrepreneurship is one of self-employed creative individuals working out of their garage or independently owned start-up companies. Intrapreneurship--where employees are responsible for being alert to new opportunities inside firms--is another model for developing innovations. Relatively little is known, however, about the latter process through which large, complex firms engage in groundbreaking corporate entrepreneurship. This Article's focus is on these types of innovation agents. It provides a thorough account of the positive and negative spillovers of intrapreneurial firms while making the following key points: First, intrapreneurial companies utilize their economies of scale, scope, and age to deliver …

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

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It is considered axiomatic that defamation law protects reputation. This proposition--commonsensical, pervasive, and influential-- is faulty. Underlying this fallacy is the failure to appreciate audience effects: the interaction between defamation law and members of the audience.

Defamation law seeks to affect the behavior of speakers by making them bear a cost for spreading untruthful information. Invariably, however, the law will also affect members of the audience, as statements made in a highly regulated environment tend to appear more reliable than statements made without accountability. Strict defamation law would tend to increase the perceived reliability of statements, which in some cases …

An Exploratory Study Of Extremesport Athletes’ Nature Interactions:From Well-Being To Pro-Environmental Behavior, Tadhg Eoghan Macintyre, Andree M. Walkin, Juergen Beckmann, Giovanna Calogiuri, Susan Gritzka, Greig Oliver, Aoife Donnelly, Giles Warrington

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Traditionally, perceptions about extreme sport athletes being disconnected fromnature and a risk-taking population have permeated the research literature. Drawingupon theoretical perspectives from environmental, sport, organizational and positivepsychology, this qualitative study attempts to explore the lived experiences of fourmale and four female extreme sport athletes. The purpose of this study was togain insight and understanding into the individuals’ attitudes toward the benefits ofextreme sport activities for well-being, resilience and pro-environmental behavior. Eightparticipants (Mean age = 40.5 years;SD=±12.9) provided written informed consentto partake in semi-structured interviews. Each athlete provided written consented toallow the publication of their identifiable data and in order to …

Surface Waves Over Currents And Uneven Bottom, Alan Compelli, Rossen Ivanov, Calin I. Martin, Michail D. Todorov

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The propagation of surface water waves interacting with a current and an uneven bottom is studied. Such a situation is typical for ocean waves where the winds generate currents in the top layer of the ocean. The role of the bottom topography is taken into account since it also influences the local wave and current patterns. Specific scaling of the variables is selected which leads to approximations of Boussinesq and KdV types. The arising KdV equation with variable coefficients, dependent on the bottom topography, is studied numerically when the initial condition is in the form of the one soliton solution …

Riemann-Hilbert Problem, Integrability And Reductions, Vladimir Gerdjikov, Rossen Ivanov, Aleksander Stefanov

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Abstract. The present paper is dedicated to integrable models with Mikhailov reduction groups G_R ≃ D_h. Their Lax representation allows us to prove, that their solution is equivalent to solving Riemann-Hilbert problems, whose contours depend on the realization of the G_R-action on the spectral parameter. Two new examples of Nonlinear Evolution Equations (NLEE) with D_h symmetries are presented.

Benjamin-Ono Model Of An Internal Wave Under A Flat Surface, Alan Compelli, Rossen Ivanov

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A two-layer uid system separated by a pycnocline in the form of an internal wave is considered. The lower layer is infinitely deep, with a higher density than the upper layer which is bounded above by a at surface. The uids are incompressible and inviscid. A Hamiltonian formulation for the dynamics in the presence of a depth-varying current is presented and it is shown that an appropriate scaling leads to the integrable Benjamin-Ono equation.

Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Brenda Williams, Edwin Lindo, Marc-Tizoc González

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In this Article, three law professors report on and theorize a nonviolent direct-action campaign of the kind discussed by Dr. King in his famous Letter from a Birmingham Jail. Using the basic steps of the nonviolent campaign as an organizing framework, they analyze and report on the 18-day hunger strike by the Frisco 5 (a.k.a., Frisco5). This direct action protested the extrajudicial killings of Amilcar Perez-Lopez, Alex Nieto, Luis Góngora-Pat, and Mario Woods by San Francisco Police Department (SFPD) officers and advocated for institutional change to reduce the risk of homicides against persons with similarly racialized minority-group identities. Two weeks …

Should Good People Be Doctors: A Comment On Paul Butler And Anonymous, Richard Delgado

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No abstract provided.

Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic

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No abstract provided.

Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove

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There is something missing in interpretive theory Recent controversies"”involving for example the first travel ban and funding for sanctuary cities"”demonstrate that presidential "laws" executive orders proclamations and other directives raise important questions of meaning Yet while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation there is no theory about how to discern the meaning of presidential directives Courts for their part have repeatedly assumed that presidential directives should be treated just like statutes But that cannot be right Theories of interpretation depend on both constitutional law and institutional setting For statutes the relevant …

Crime Fantasies, John Felipe Acevedo

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No abstract provided.

Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render

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No abstract provided.

The Progressive Idea Of Democratic Administration, William J. Novak

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The first thing to acknowledge about administration is that administration is coincident with governance. Far from being a modern invention or some kind of radical departure from an original political or legal tradition, administration is among the oldest practices of governments. Indeed, it is impossible to conceive of government without administration. Laws need to be enforced, legislation needs to be implemented, and collective goods need to be secured. Governance is mostly a matter of actions and practices, making administration perhaps the most truly reflective aspect of legal and political culture.

Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow

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Axel Honneth’s Idea of Socialism is an important clarion call for an urgent rethinking of the possibilities of a socialism for the twenty-first century. One of the most surprising and satisfying aspects of Axel Honneth’s timely new book is its recovery of the continued vitality of John Dewey’s pragmatic democratic philosophy. These reflections on Honneth’s use of John Dewey for democratizing social freedom, take stock of and explore the political limits of Honneth’s social reconstruction.

Clown Eggs, Dave Fagundes, Aaron Perzanowski

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Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

The Role Of Previous Discourse In Identifying Public Textual Cyberbullying, Aurelia Power, Anthony Keane, Brian Nolan, Brian O'Neill

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In this paper we investigate the contribution of previous discourse in identifying elements that are key to detecting public textual cyberbullying. Based on the analysis of our dataset, we first discuss the missing cyberbullying elements and the grammatical structures representative of discourse-dependent cyberbullying discourse. Then we identify four types of discourse dependent cyberbullying constructions: (1) fully inferable constructions, (2) personal marker and cyberbullying link inferable constructions, (3) dysphemistic element and cyberbullying link inferable constructions, and (4) dysphemistic element inferable constructions. Finally, we formalise a framework to resolve the missing cyberbullying elements that proposes several resolution algorithms. The resolution algorithms target …

Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack

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Man mano che la nostra conoscenza e la nostra esperienza crescono, i concetti assumono un significato nuovo e più ricco. La filosofia del linguaggio recente (post-Fregeana) hanno prestato poca attenzione a questo fenomeno; e filosofi radicali come Feyerabend e Rorty diedero per scontato che il cambiamento di significato fosse una minaccia alla razionalità. Ma i pensatori nella tradizione pragmatica classica – Peirce nella filosofia della scienza e, più implicitamente, Holmes nella teoria giuridica – riconobbero l’importanza della crescita di significato e capirono come questa potesse contribuire al progresso della scienza e all’adattamento di un sistema giuridico al cambiare delle circostanze. …

Metamorphosis: A Minority Professor's Life, Richard Delgado

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This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …