Digital Commons Network^™

A Tribute To Lewis H. Larue, James Boyd White

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Lash has been a good friend for many years, and it is a pleasure to have this opportunity to reflect about him. I well remember our first meeting, in the late 1970s. He had been to a meeting in Wisconsin-the first meeting of the Critical Legal Studies Conference, as I remember-and stopped to spend the night in Chicago on the way home. We had corresponded a couple of times, but never met, and what a pleasure it was to meet him: full of intelligence, openness, and laughter, with a moral center and a deep sense of human limitation. We talked …

Trademarks And The Landscape Of Imagination, Alan L. Durham

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No abstract provided.

Rodrigo's Roundelay: Hernandez V. Texas And The Interest-Convergence Dilemma, Richard Delgado

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In this chronicle Rodrigo meets with his mentor before a party and the two discuss celebratory jurisprudence Their discussion focuses on Hernandez v Texas as a milestone for Latino civil rights After discussing the historical background against which the Supreme Court decided the case they conclude that the groundbreaking decision arrived as a result of concerns in high circles over Latin American communism and peoples movements and the risk of the same in the United States

What's Real For Law?, Jospeh Vining

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Law is not academic. The univeristy if not its home. Law is in the wider world and is pervasive there, in language, thought, and action.

The Totality Of The Circumstances Of The Debtor's Financial Situation In A Post-Means Test World: Trying To Bridge The Wedoff/Culhane & White Divide, John A. E. Pottow

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Bankruptcy Judge Eugene Wedoff and Creighton Law School professors Marianne Culhane and Michaela White engage in a spirited debate over a series of law review articles about the proper scope of motions to dismiss a debtor's petition under section 707(b) of the freshly revised Bankruptcy Code. It is an interesting and provocative dialogue, with both sides advancing their respective positions persuasively. As a result, I find myself in the unfortunate position of wanting to agree with both. Since that is impossible, however, this brief article is my attempt to find a middle ground between their two positions. It does so …

Orientalism And Religion In The Romantic Era-Rammohan Ray’S Vedanta(S), Amit Ray

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This chapter examines how Raja Rammohan Ray utilized Vedanta philosophy as a strategic response to colonial critiques of Hinduism during the early nineteenth century. Ray emerged as a pivotal figure who navigated between British orientalist discourse and Indian religious reform, employing Advaita Vedanta to counter accusations of idolatry and polytheism leveled against Hindu practices. The analysis demonstrates how Ray's translations of the Upanishads and his promotion of Vedantic monotheism served dual purposes: defending indigenous civilization against missionary attacks while accommodating European notions of rational religion. Ray's approach involved significant textual interventions, including rendering the neuter brahman as masculine "God" …

New Life For The ‘Criteria Tests’ In State Constitutional Jurisprudence: ‘Gunwall Is Dead—Long Live Gunwall”, Hugh D. Spitzer

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Outlines the develoment of state constitutional jurisprudence in Washington State between 1986 and 2006. Provides a general theory of state constitutional analysis, and recommends retention of the "creteria" approach to application of state constitutions, primarily as an interpretive tool.

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

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Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …

Attention Driven Reference Resolution In Multimodal Contexts, John D. Kelleher

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In recent years a a number of psycholinguistic experiments have pointed to the interaction between language and vision. In particular, the interaction between visual attention and linguistic reference. In parallel with this, several theories of discourse have attempted to provide an account of the relationship between types of referential expressions on the one hand and the degree of mental activation on the other. Building on both of these traditions, this paper describes an attention based approach to visually situated reference resolution. The framework uses the relationship between referential form and preferred mode of interpretation as a basis for a weighted …

European Communities - Conditions For The Granting Of Tariff Preferences To Developing Countries, Alan O. Sykes, Gene M. Grossman

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No abstract provided.

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

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No abstract provided.

Spain Gazing: Postcolonial Aspirations, Neocolonial Systems And Postponed Reckonings - Queries From The Margins, Francisco Valdes

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No abstract provided.

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

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No abstract provided.

The Expressive Power Of Adjudication, Richard H. Mcadams

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This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …

Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein

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No abstract provided.

The Right To Destroy, Lior Strahilevitz

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No abstract provided.

Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen

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This study examined visual information processing and learning in classrooms including both deaf and hearing students. Of particular interest were the effects on deaf students’ learning of live (threedimensional) versus video-recorded (two-dimensional) sign language interpreting and the visual attention strategies of more and less experienced deaf signers exposed to simultaneous, multiple sources of visual information. Results from three experiments consistently indicated no differences in learning between three-dimensional and two-dimensional presentations among hearing or deaf students. Analyses of students’ allocation of visual attention and the influence of various demographic and experimental variables suggested considerable flexibility in deaf students’ receptive communication skills. …

Federalism In Brazil, Keith S. Rosenn

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No abstract provided.

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

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No abstract provided.

Viewing September 11 Through The Lens Of History, Carol L. Chomsky

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No abstract provided.

Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen

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This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

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Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

Schiavo And Klein (Symposium), Evan H. Caminker

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When teaching federal courts, I sometimes find that students are slow to care about legal issues that initially seem picayune, hyper-technical, and unrelated to real-world concerns. It takes hard work to engage students in discussion of United States v. Klein,1 notwithstanding its apparent articulation of a foundational separation of powers principle that Congress may not dictate a "rule of decision" governing a case in federal court. A Civil War-era decision about the distribution of war spoils, one the Supreme Court has hardly ever cited since and then only to distinguish it, in cases involving takings and spotted owls? Yawn.

The Impact Of Cultural Diversity On Web Site Design, Jack Cook, Mike Finlayson

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Close your eyes. Envision a succulent two-inch slab of dripping-rare prime rib. Is your stomach rumbling, your appetite peaked, or are you offended since your fundamental belief system precludes harming animals? A single image or idea can create many diferent feelings or interpretations. Consider the diversity within your own organization, campus, or community. Does everyone agree on what is appropriate, acceptable, appetizing, or attractive? An image pleasing to one group of people may alienate or even seriously offend many others. Something as simple as color may elicit dramatically different mental images. For example, in the U.S., white is generally associated …

Cultural Studies At R.I.T./U.S.A: Of Visual Culture And Pedagogical Interventions, Amit Ray

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This paper examines the role of Cultural Studies in addressing the limitations of American visual culture through pedagogical interventions at Rochester Institute of Technology. Ray argues that despite globalization's potential to enhance international understanding, American visual media remains largely ethnocentric and resistant to representing the complex realities of global interconnectedness. Using the recent Iraq War as an example, he demonstrates how media coverage systematically obscured cultural, historical, and linguistic contexts while promoting martial nationalism. The author proposes using popular animated television programs like The Simpsons and South Park as pedagogical tools to expose the contradictory nature of contemporary media …

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

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Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …

Future Reasoning Machines: Mind And Body, Brian Duffy, Gregory O'Hare, John Bradley, Bianca Schoen-Phelan

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In investing energy in developing reasoning machines of the future, one must abstract away from the specific solutions to specific problems and ask what are the fundamental research questions that should be addressed. This paper aims to revisit some fundamental perspectives and promote new approaches to reasoning machines and their associated form and function. Core aspects are discussed, namely the one-mind-many-bodies metaphor as introduced in the Agent Chameleon work. Within this metaphor the agent’s embodiment form may take many guises with the artificial mind or agent potentially exhibiting a nomadic existence opportunistically migrating between a myriad of instantiated embodiments. We …

An Assessment Of Case-Based Reasoning For Spam Filtering, Sarah Jane Delany, Padraig Cunningham, Lorcan Coyle

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Because of the changing nature of spam, a spam filtering system that uses machine learning will need to be dynamic. This suggests that a case-based (memory-based) approach may work well. Case-Based Reasoning (CBR) is a lazy approach to machine learning where induction is delayed to run time. This means that the case base can be updated continuously and new training data is immediately available to the induction process. In this paper we present a detailed description of such a system called ECUE and evaluate design decisions concerning the case representation. We compare its performance with an alternative system that uses …

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

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Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.

How Well Can People Use Different Color Attributes?, Hongqin Zhang, Ethan Montag

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Two psychophysical experiments were conducted to analyze the role of color attributes in simple tasks involving color matching and discrimination. In Experiment I observers made color matches using three different adjustment control methods. The results showed that the Lightness, Chroma, Hue (LCH) and the Lightness, redness/greenness, blueness/yellowness ({L, r/g, y/b}) adjustment controls elicited significantly better performance than the display RGB controls in terms of both accuracy and time, but were not significantly different from each other. Expert observers performed significantly better than naive observers in terms of accuracy. Experiment II was a replication and extension of Melgosa, et al.’s experiment …