Digital Commons Network^™

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 …

Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr

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The following article is based on a talk give by Assistant Professor of Law Michael S. Barr to the University of Texas Law School-Harvard Law School Joint Conference on Commercial Law Realities in Austin, Texas, in April. Barr was selected by the University of Michigan’s Institute for Social Research, Survey Research Center to be the faculty investigator for the Detroit Area Study, which the University has conducted for more than 50 years. Barr is using the study to explore the financial services needs of low- and moderate-income households, building on his groundbreaking analysis in Banking the Poor. Barr raised a …

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

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No abstract provided.

Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo

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In keeping with the theme of "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. It builds upon a presentation that I gave along with Professors Timothy S. Hall and Ross D. Silverman at the 2004 Health Law Teachers Conference entitled "Health Law, Policy and Media," and was inspired by Professor Paul Bergman's …

Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar

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The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …

The Sec At 70: Time For Retirement?, Adam C. Pritchard

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The Article proceeds as follows. Part I explains the pathologies of the SEC and explores the relation between those pathologies and the SEC's status as an independent agency. Part II then outlines an alternative regulatory structure primarily situated within the executive branch. I also argue that such a relocation of authority would enhance regulatory effectiveness while simultaneously reducing the cost of excessive regulation. The Article concludes with some thoughts about the viability of my proposal.

Loving Your Students - A Faculty Model For Today's Classroom, Anthony Trippe

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This paper reviews research related to four recent business management models of charismatic and inspirational leadership. It goes on to select the key traits and behaviors of these leadership models for the workplace environment and use them as the foundation of a model for a loving faculty member. Like the business leader, the devoted, caring professor leads his engineering students in their quest for knowledge, growth and learning. Based upon peer-reviewed leadership research which reports the value and benefits of a caring, mentoring and loving leader in the business world, the loving professor will also be successful in meeting the …

Grappling With The Meaning Of 'Testimonial', Richard D. Friedman

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Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."

Si Se Puede, But Who Gets The Gravy Symposium: Going Back To Class - The Reemergence Of Class In Critical Race Theory, Richard Delgado

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No abstract provided.

By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

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Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr

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The 1989 Exxon Valdez oil spill caused extensive natural resource damage to the Prince William Sound. Lawsuits addressing this natural resource damage resulted in a settlement that required Exxon to pay $900 million over time to trustees charged with spending this money to restore the damaged environment of the Sound and nearby areas. The settlement included a “Reopener Clause,” which pledges Exxon to spend an additional $100 million to fund restoration or rehabilitation of resources whose injuries were not foreseeable in 1989.

This Article urges the State of Alaska and the United States to seek enforcement of the Reopener Clause, …

Rabbinic Legal Magic: A New Look At Honi's Circle As The Construction Of Law's Space, Suzanne Last Stone

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The article reinterprets Honi the Circle Drawer's actions as a legal performative, arguing that his act of drawing a circle constitutes the creation of a legal space rather than a magical ritual. By establishing a jurisdictional boundary, Honi compels a divine response, illustrating a sophisticated legal framework within rabbinic culture. This analysis challenges the view of early rabbinic practices as primarily magical, instead emphasizing their legal underpinnings and the use of rituals to establish jurisdiction.

The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley

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No abstract provided.

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 …

Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, Terry H. Kang

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[According to the authors of this article, the growing unhappiness of lawyers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or "prudence") and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games....

This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the …

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 …

Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach

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The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.

A Glimpse At Death And The Transcendent In Gerard Manley Hopkins And Jean Sulivan, Eamon Maher

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No abstract provided.

Haitian Refugees And The Rule Of Law, Irwin P. Stotzky

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No abstract provided.

They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper

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This paper seeks to explore the experiences and perceptions of international, non-EU students at the Technological University Dublin. My interest in the subject derives from my work as a lecturer at a college with an increasing number of international students and from my participation as a student on a course which made me appreciate the value of a diverse student and lecturer body. The sample of the survey I carried out included international students and lecturers at one campus of the Technological University Dublin. While the results indicated that international students are just as heterogeneous as Irish students, they are …

Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider

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Enough. The living will has failed, and it is time to say so. We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs. Nor can any degree of tinkering ever make the living will an effective instrument of social policy. As the evidence of failure has mounted, living wills have …

Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White

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I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …

Couple Dynamic In Household Tourism Decision Making: Women As The Gatekeepers?, Ziene Mottiar, Deirdre Quinn

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The purpose of this study is to explore household tourism decision making. There is an extensive literature on consumer choice in general. In terms of tourism, the main focus has been on motivational factors. However, as part of the emergence of a literature which studies the issues of tourism and gender, there are some authors who focus on holiday decision making. In this context the focus here is the distinctive roles and power relations within a couple. The study is exploratory in nature and employs a self-administered questionnaire. It is concluded that the overall consumption of a holiday is largely …

Imagineering Cities: Creating Liveable Urban Futures In The 21st Century, John Ratcliffe, Elzbieta Krawczyk

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The 21st century is fast being recognised as the ‘century of cities’. More than half of the world’s population lives in cities now, and the importance of efficient urban land use and ‘smart’ development has become ever greater over recent decades. Cities are the key centres of human activity and the engines of economic growth in the world today. A world which has been drastically transformed by rapid technological change, expanding globalisation, profound cultural shifts and new economic perspectives. One, moreover, bring a whole range of fresh opportunities and challenges. Traditional ways in which cities were planned and managed increasingly …

Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum

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Historically, parents have not been able to determine custody of their children prior to marriage in the form of a prenuptial agreement. Although parents are able to enter into such agreements, courts normally have a great deal of latitude in ignoring these agreements. A majority of states merely consider the agreement as one factor in determining what is in the child's best interest, while the majority of the rest presume the agreement is in the best interest of the child unless the judge finds otherwise. Only two states defer to the parental agreement unless it would be harmful to the …

Virtual Worlds, Real Rules, Caroline Bradley, A. Michael Froomkin

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No abstract provided.

Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell

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No abstract provided.

Justice Jackson: A Law Clerk's Recollections A Tribute To Justice Robert H. Jackson, Phil C. Neal

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No abstract provided.

War Fever, Geoffrey R. Stone

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No abstract provided.

The Speech-Enhancing Effect Of Internet Regulation, Emily Buss

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No abstract provided.