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Identity: Obstacles And Openings, Osamudia R. James Jan 2020

Identity: Obstacles And Openings, Osamudia R. James

Articles

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.


Media Literacy Beyond The National Security Frame, Lili Levi Jan 2020

Media Literacy Beyond The National Security Frame, Lili Levi

Articles

No abstract provided.


Monitoring The Biochemical Changes Occuring To Human Keratinocytes Exposed To Solar Radiation By Raman Spectroscopy, Ulises Lopez-Gonzalez, Alan Casey, Hugh Byrne Jan 2020

Monitoring The Biochemical Changes Occuring To Human Keratinocytes Exposed To Solar Radiation By Raman Spectroscopy, Ulises Lopez-Gonzalez, Alan Casey, Hugh Byrne

Articles

Solar radiation exposure is recognised to be a significant contributor to the development of skin cancer. Monitoring the simultaneous and consecutive mechanisms of interaction could provide a greater understanding of the process of photocarcinogenesis. This work presents an analysis of the biochemical and morphological changes occurring to immortalised human epithelial keratinocyte (HaCaT) cell cultures exposed to simulated solar radiation (SSR). Cell viability was monitored with the aid of the Alamar Blue assay, morphological examination was done with haematoxylin and eosin staining (H&E) and changes to the biochemical constituents (nucleic acids and proteins) as a result of the radiation insult were …


Sport In The Face Of The Covid-19 Pandemic: Towards An Agenda For Research In The Sociology Of Sport, Adam B. Evans, Joanna Blackwell, Paddy Dolan, Josef Fahlén, Remco Hoekma, Verena Lenneis, Gareth Mcnarry Jan 2020

Sport In The Face Of The Covid-19 Pandemic: Towards An Agenda For Research In The Sociology Of Sport, Adam B. Evans, Joanna Blackwell, Paddy Dolan, Josef Fahlén, Remco Hoekma, Verena Lenneis, Gareth Mcnarry

Articles

These are extraordinary times. Less because we are currently in the midst of a global pandemic; humanity has been here multiple times in the past, sometimes with even more devastating results (the ‘Black Death’ of 1346–1353, or Cocolitzli Epidemics in the 16th Century, for example). Rather, these are extraordinary times due to both the huge shutting down of industry, travel and borders, and the enormous level of coverage and discussion of the crisis through both traditional and social media formats (Stevens & Prins, 2020). Moreover, global, regional and national comparisons and discussions have become commonplace with regards to everything …


A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland Jan 2020

A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland

Articles

Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these …


Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr Jan 2020

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …


The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith Jan 2020

The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith

Articles

The Constitution specifies only one process for making international agreements. Article II states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The treaty process has long been on a path to obsolescence, however, with fewer and fewer treaties being made in each presidential administration. Nevertheless, the United States has not stopped making international agreements. Even as Article II treaties have come to a near halt, the United States has concluded hundreds of binding international agreements each year. These agreements, known as …


No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan Jan 2020

No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan

Articles

This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between …


Preserving The Past: Archiving Southern Illinois' Rich Musical Heritage, Matthew J. Gorzalski Jan 2020

Preserving The Past: Archiving Southern Illinois' Rich Musical Heritage, Matthew J. Gorzalski

Articles

No abstract provided.


An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy Jan 2020

An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy

Articles

As open source software ("OSS") has become more prevalent, and more widely accepted, many different OSS licenses have proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU General Public License ("GPL"), which is protective of author rights and intended to foster an open software community. Because software source code and object code files are primarily protected by copyright, the options for license terms are relatively straightforward and well known. To the extent patent rights become an issue, various additional provisions have been proposed to address that issue in the context of …


Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens Jan 2020

Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens

Articles

In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …


A Tribute To Don Burnett, Maureen Laflin Jan 2020

A Tribute To Don Burnett, Maureen Laflin

Articles

No abstract provided.


Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia Jan 2020

Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia

Articles

Six years before the start of the Second World War and seven months after Hitler’s appointment as Chancellor of Germany, the German government instituted the “Law for the Prevention of Progeny with Hereditary Diseases.” The moral depravity that started as a sterilization program targeting “useless eaters” and lives “unworthy of life” degenerated into a “euthanasia” program that murdered at least 250,000 people with mental and physical dis/abilities as an “open secret” until 1941, when the Bishop of Munster, Clemens August Count von Galen, delivered a sermon protesting the killing of “unproductive people.”2 Although the Trump Administration has not yet driven …


Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos Jan 2020

Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos

Articles

In civil litigation courts often deal with information that is subject to a previously imposed restraint on the ability of a court or others to use the information. Such “evidentiary prior restraints” arise most prominently in settlement agreements, which may include nondisclosure provisions that prevent information concerning the settlement from being used by parties to the agreement. But evidentiary prior restraints can also arise from prior court action, as when parties seek information subject to a protective order or sealing order made by a different court. Although evidentiary prior restraints have received great attention given recent controversies concerning sexual harassment, …


The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks Jan 2020

The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks

Articles

No abstract provided.


Pattern Recognition In Tyus V. Urban Search Management, Lee Fennell Jan 2020

Pattern Recognition In Tyus V. Urban Search Management, Lee Fennell

Articles

No abstract provided.


Rate Regulation Redux, Joshua Macey, Jackson Salovaara Jan 2020

Rate Regulation Redux, Joshua Macey, Jackson Salovaara

Articles

No abstract provided.


Cost-Benefit Analysis Under Trump: A Comment On Dan Farber's Regulatory Review In Anti-Regulatory Times, Jonathan Masur Jan 2020

Cost-Benefit Analysis Under Trump: A Comment On Dan Farber's Regulatory Review In Anti-Regulatory Times, Jonathan Masur

Articles

No abstract provided.


The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler Jan 2020

The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler

Articles

No abstract provided.


Why Has Antitrust Law Failed Workers?, Eric Posner, Ioana Marinescu Jan 2020

Why Has Antitrust Law Failed Workers?, Eric Posner, Ioana Marinescu

Articles

No abstract provided.


A New Approach To Antitrust Law: Transparency, Frank Easterbrook, John Nalbandian, Deborah Garza, Eric Grannon, A.Douglas Melamed, Dan Mcginnis, Bob Popper Jan 2020

A New Approach To Antitrust Law: Transparency, Frank Easterbrook, John Nalbandian, Deborah Garza, Eric Grannon, A.Douglas Melamed, Dan Mcginnis, Bob Popper

Articles

No abstract provided.


Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr Jan 2020

Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr

Articles

No abstract provided.


A Right To A Human Decision, Aziz Huq Jan 2020

A Right To A Human Decision, Aziz Huq

Articles

No abstract provided.


Is Police Behavior Getting Worse? Data Selection And The Measurement Of Policing Harms, Aurélie Ouss, John Rappoport Jan 2020

Is Police Behavior Getting Worse? Data Selection And The Measurement Of Policing Harms, Aurélie Ouss, John Rappoport

Articles

Public concern about harmful policing is surging. Governments are paying historic amounts for law enforcement liability. Has police behavior changed? Or is society responding differently? Traditional data sources struggle with this question. Common metrics conflate the prevalence and severity of policing harms with the responses of legal actors such as lawyers, judges, and juries. We overcome this problem using a new data source: liability insurance claims. Our data set contains 23 years of claims against roughly 350 law enforcement agencies that contract with a single insurer. We find that, while lawsuits and payouts have trended upward over the past decade, …


Affordable Content In Legal Education, Connie Lenz Jan 2020

Affordable Content In Legal Education, Connie Lenz

Articles

No abstract provided.


Aging Judges, Francis Shen Jan 2020

Aging Judges, Francis Shen

Articles

No abstract provided.


Bad Agent, Good Citizen?, Claire Hill, Brett Mcdonnell Jan 2020

Bad Agent, Good Citizen?, Claire Hill, Brett Mcdonnell

Articles

No abstract provided.


Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, Richard Frase Jan 2020

Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, Richard Frase

Articles

No abstract provided.


Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee Jan 2020

Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee

Articles

No abstract provided.


Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser Jan 2020

Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser

Articles

No abstract provided.