Digital Commons Network^™

Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer

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Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive’s authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in …

The People Against The Constitution, Aziz Huq

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No abstract provided.

The Kitchen Light Of Ntid, Miriam Lerner

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It is often noted that great events are a concurrence of great people, great ideas, and the right time and place for the perfect fusion of energy to explode into a super nova of enlightenment. It can be difficult to find specific times and locations when great changes and shifts in attitude occur, as they usually follow a more geologic model of slow and almost imperceptible change over time. However, when considering ASL poetry and lit erature, the importance of NTID and specifically the Panara Theatre housed in LBJ Hall cannot be overstated. The right people, and—of paramount importance—the right …

Exiting Congressional-Executive Agreements, Curtis A. Bradley

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Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement (NAFTA). This Article challenges that claim. If one accepts a presidential authority to terminate Article II treaties, this Article contends, there is no persuasive reason to conclude differently with respect to congressional-executive agreements. Congressional-executive agreements have become largely interchangeable with Article II treaties as a matter of domestic law and practice. For example, …

A Common Law For The First Amendment, Richard A. Epstein

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No abstract provided.

Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii

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No abstract provided.

Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq

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No abstract provided.

Book Review: Gottfried Wilhelm Leibniz, The New Method Of Learning And Teaching Jurisprudence: According To The Principles Of The Didactic Art Premised In The General Part And In The Light Of Experience, Scott Dewey

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Review of Leibniz, Gottfried Wilhelm. The New Method of Learning and Teaching Jurisprudence: According to the Principles of the Didactic Art Premised in the General Part and in the Light of Experience. The First Complete English Translation of the 1667 Frankfurt Edition with Notes by Carmelo Massimo de Iuliis. Clark, NJ: Talbot Publishing, 2017. lxxxvii, 218p. Hardbound. ISBN: 978-1-61619-5472. $85.00.

Of Loaded Weapons And Legal Alchemy, Great Cases And Bad (?) Law: Korematsu And Strict Scrutiny, 1944-2017, Scott Dewey

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This article traces in detail how dicta in the wartime Japanese American internment cases of Korematsu v. United States and Hirabayashi v. United States was taken out of context and gradually transmuted, through a process of legal alchemy or "precedent laundering, " into holdings supporting the postwar strict scrutiny doctrine regarding equal protection under the Fifth and Fourteenth Amendments. The article addresses the complex, twisted prehistory ofKorematsu, which includes the troubled Japanese American immigrant experience leading up to the internment and the growing interwar geopolitical rivalry between Japan and the United States over domination of the Asia/Pacific region. This prehistory …

Stranger Than Fiction: How Lawyers Can Accurately And Realistically Tell A True Story By Using Fiction Writers’ Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page

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This Article differs from other articles on related topics in that it focuses broadly on including specific details to establish an overall sense of reality. In contrast, in his article, This is Not the Whole Truth, Professor Steve Johansen discusses those details that can ethically be omitted; this Article, however, is about which select details to include rather than to omit. Although some articles have focused on details regarding specific objects, such as an obtuse object or an endowed object, this Article covers a wider category of details that applies throughout the narrative as opposed to details that surface only …

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

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No abstract provided.

The Central Claiming Renaissance, Andres Sawicki

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The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.

The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent's scope. The Court's …

Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz

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No abstract provided.

Female Students View The Knowledge Of Foreign Languages As More Important For Careers In Tourism Than Male Students?, Nikolina Božinović, Joško Sindik

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The proficiency in multiple foreign languages is a basic assumption for successful communication in tourism. Tourism and mobility have a significant and important role, where intercultural contacts contribute to the development of intercultural dialogue. This paper attempts to explore gender differences in the perceptions of students from the Rochester Institute of Technology, RIT Croatia regarding the importance of knowing various foreign languages in tourism. The results obtained could help in raising the awareness of the importance of the role of learning and teaching foreign languages, with potential effects in developing and promoting tourism in Croatia. The key research finding is …

A Close Reading Of Barnette, In Honor Of Vincent Blasi Symposium: Barnette At 75: The Past, Present, And Future Of The Fixed Star In Our Constitutional Constellation, Paul Horwitz

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No abstract provided.

Consociationalism Vs. Incentivism In Divided Societies: A Question Of Threshold Design Or Of Sequencing?, Clark B. Lombardi, Pasarlay Shamshad

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Scholarship on constitutional design for post-conflict or divided societies focuses a great deal of attention on two issues: (1) the processes and timing by which constitutional rules should be established and (2) whether constitutions should reflect a consociationalist or incentivist approach to governance. Scholars are increasingly willing to entertain the possibility that constitutions drafted during period of transition from civil war or authoritarianism need not, and often should not, answer immediately all questions that constitutions tend to answer; however, they tend to assume that the question of whether constitutions should be consociationalist or incentivist is one that should not be …

Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin

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This article explains how foreign-trained and international graduate students can use a thesis development template to find and articulate narrow, novel, non-obvious, and useful claims for their final, academic papers in law. These students, in particular, are in need of clear direction and methods for crafting well-developed claims (or thesis statements), given that many are non-native speakers of English who trained in different legal and educational systems with different expectations about what constitutes good academic writing—in any genre, let alone law. Through the use of a thesis development template (adapted from writing advice by Joseph M. Williams and Eugene Volokh), …

Combating Russian Disinformation In Ukraine: Case Studies In A Market For Loyalties, Monroe E. Price, Adam P. Barry

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The article examines how Ukraine has responded to Russian disinformation through two distinct projects: the Guidelines Project and the Words and Wars Project. These initiatives represent different approaches to combating disinformation, with the Guidelines Project emphasizing international norms and consensus-building, while the Words and Wars Project focuses on directly countering Russian tactics. The analysis highlights how the structure, stakeholders, and funding of these projects shape their recommendations and outcomes, underscoring the tension between national security and freedom of expression.

Nurturing ‘Buds Of Development’: From Outcomes To Opportunities In Early Childhood Practice, Noirin Hayes, Katarina Filipovic

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The current future-focused, outcomes driven early childhood policy climate presents a danger that early years pedagogy will lose sight of the ‘present’ child. Increasingly policy support for early childhood education is built around an emphasis on preparing children for school and positioning it as a key element in enhancing society through preparing future citizens to become productive members of society. The measurable outcomes discourse, in emphasising product, renders invisible the critical contribution of the processes of everyday practice to children’s development. To challenge and counteract the strong outcome discourse early years professionals must have confidence in their pedagogy. However, research …

Contesting Early Childhood Professional Identities: A Cross-National Discussion, Sonja Arndt, Mathias Urban, Colette Murray, Kylie Smith, Beth Swadener, Tomas Ellegaard

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In this collective article, the authors explore constructions of early childhood practitioners and how they disconnect and reconnect in a global neo-liberal education policy context. The contributions to the conversation provide windows into shifting professional identities across five national contexts: New Zealand, the USA, Ireland, Australia and Denmark. The authors ask who benefits from the notion of distinct professional identities, linked to early childhood education as locally and culturally embedded practice. They conceptualize teachers’ shifting subjectivities, drawing on Kristeva’s philosophical conception of identity as constantly in construction, open and evolving. Arguments for the urgency to counter the global uniformity machine, …

Recognizing Food As Part Of Ireland’S Intangible Cultural Heritage, Máirtín Mac Con Iomaire

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Drawing on evidence from across a range of disciplines (literature, folklore, history, sociology, etc.), this paper explores the lack of an iconic link between Ireland and food, explaining the reasons why Ireland and food are not immediately linked in the popular imagination. It argues for recognition of foodways as a significant element in Ireland’s intangible cultural heritage. It highlights and interrogates constructs, such as ‘national’ and ‘regional’ cuisines, charting the growing scholarship around Irish food history from the ground breaking work of A.T. Lucas and Louis Cullen to a recent emerging cluster of doctoral researchers. The paper identifies the potential …

Becoming A Decolonial Feminist Ethnographer: Addressing The Complexities Of Positionality And Representation, Jennifer Manning

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Abstract Organisation and management scholars are often preoccupied with developing, refining and advancing knowledge, and in so doing, the empirical process through which knowledge is advanced can be ignored together with the impact this process can have on participants and scholars. This article draws attention to how management scholars might negotiate the complexities of positionality and representation through an illustrative case: my experience of becoming a decolonial feminist ethnographer. Drawing upon my doctoral research, I share the experience of my ethnographic journey to become a decolonial feminist ethnographer. Developing a decolonial feminist approach to ethnography enabled me to identify positionality …

A Wikipedia Powered State-Based Approach To Automatic Search Query Enhancement, Kyle Goslin, Markus Hofmann

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This paper describes the development and testing of a novel Automatic Search Query Enhancement (ASQE) algorithm, the Wikipedia N Sub-state Algorithm (WNSSA), which utilises Wikipedia as the sole data source for prior knowledge. This algorithm is built upon the concept of iterative states and sub-states, harnessing the power of Wikipedia's data set and link information to identify and utilise reoccurring terms to aid term selection and weighting during enhancement. This algorithm is designed to prevent query drift by making callbacks to the user's original search intent by persisting the original query between internal states with additional selected enhancement terms. The …

Quantitative Fine-Grained Human Evaluation Of Machine Translation Systems: A Case Study On English To Croatian, Filip Klubicka, Antonio Toral, Victor Manuel Sanchez-Cartagena

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This paper presents a quantitative fine-grained manual evaluation approach to comparing the performance of different machine translation (MT) systems. We build upon the well-established Multidimensional Quality Metrics (MQM) error taxonomy and implement a novel method that assesses whether the differences in performance for MQM error types between different MT systems are statistically significant. We conduct a case study for English-to- Croatian, a language direction that involves translating into a morphologically rich language, for which we compare three MT systems belonging to different paradigms: pure phrase-based, factored phrase-based and neural. First, we design an MQM-compliant error taxonomy tailored to the relevant …

The Cost Of The Text, Richard A. Primus

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Christopher Serkin and Nelson Tebbe's Is the Constitution Special?explores many facets of constitutional interpretation. I will focus here on their observation that constitutional interpretation is "less textual" than statutory interpretation. I place the expression "less textual" in quotation marks because "textual" could mean many things, such that it would often be problematic to characterize one interpretive exercise as more or less textual than another. In Serkin and Tebbe's view, as I understand it, mainstream constitutional interpretation is "less textual " than statutory decisionmaking in that it is less constrained by the words of particular enacted clauses. As a convenient …

Reflections On A Language Planning Project In Context, Maire Mhic Mhathuna, Cathy Kelleher

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The aim of this paper is to reflect in broad terms on issues which arose in the context of an early years language planning project in Irish-medium preschools (naíonraí) in the Irish-speaking (Gaeltacht) areas of the west of Ireland. Borradh Language Planning Project was commissioned in 2009 to provide guidance and planning templates for early years educators to develop the Irish language competency of children in their early years groups. Due to the changing language ecology of the Gaeltacht areas, many families now raise their children through both Irish and English and children enter the early years services with differing …

Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe

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In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …

The Concepts Of Law, Nicholas Stephanopoulos, Tom Ginsburg

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No abstract provided.

Remedial Restraint In Administrative Law, Nicholas Bagley

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When a court determines that an agency action violates the Administrative Procedure Act, the conventional remedy is to invalidate the action and remand to the agency. Only rarely do the courts entertain the possibility of holding agency errors harmless. The courts’ strict approach to error holds some appeal: Better a hard rule that encourages procedural fastidiousness than a remedial standard that might tempt agencies to cut corners. But the benefits of this rule-bound approach are more elusive, and the costs much larger, than is commonly assumed. Across a wide range of cases, the reflexive invalidation of agency action appears wildly …

Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham

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No abstract provided.