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Articles 331 - 360 of 607
Full-Text Articles in Entire DC Network
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara Bridges
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara Bridges
Faculty Scholarship
In Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade, with a new test for determining the constitutionality of abortion regulations — the “undue burden standard.” The Court’s 2007 decision in Gonzales v. Carhart was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions. A majority of the Court held that the regulation was constitutionally permissible, finding …
Challenges Associated With Providing Tenure And Continuous Appointment Opportunities For Academic Law Librarians, Carol A. Parker
Challenges Associated With Providing Tenure And Continuous Appointment Opportunities For Academic Law Librarians, Carol A. Parker
Faculty Scholarship
Successful tenure candidates will excel as librarians, master shared governance concepts and understand their institutions culture. Candidates should engage in self-reflection and seek feedback throughout the tenure-track process. Supportive directors and supervisors will provide support to candidates and ensure well-developed promotion and tenure policies exist and are consistently applied.
The Need For Faculty Status And Uniform Tenure Requirements For Law Librarians, Carol A. Parker
The Need For Faculty Status And Uniform Tenure Requirements For Law Librarians, Carol A. Parker
Faculty Scholarship
Various statuses, tenure tracks, and performance review standards exist in law librarian tenure or continuous appointment policies. Professor Parker argues that law library leaders should insist on faculty status for librarians, develop uniform performance review standards for retention and promotion policies, and support scholarship with workshops and time off from administrative duties to write. Winner of the "AALL LexisNexis Call for Papers Open Division Award" for 2010.
Performing Pisgah: Endurance Mountain Bikers Generating The National Forest, Cynthia Twyford Fowler
Performing Pisgah: Endurance Mountain Bikers Generating The National Forest, Cynthia Twyford Fowler
Faculty Scholarship
In Western North Carolina’s Pisgah National Forest, the extraordinary performances of endurance athletes imbue public lands with multivocality and sculpt spaces into idealized natures. Endurance mountain bikers generate Pisgah as a meaningful place grounded to specific spaces and particular identities as they perform challenging rides on difficult terrain.
The Game Is Afoot!: The Significance Of Donative Transfers In The Sherlock Holmes Canon, Stephen R. Alton
The Game Is Afoot!: The Significance Of Donative Transfers In The Sherlock Holmes Canon, Stephen R. Alton
Faculty Scholarship
This article presents a recently discovered and previously unpublished manuscript written by John H. Watson, M.D., and annotated by Professor Stephen Alton. Dr. Watson’s manuscript records an extended conversation that took place between the good doctor and his great friend, the renowned consulting detective Mr. Sherlock Holmes, regarding issues of gratuitous transfers of property – issues involving inheritances, wills, and trusts – that have arisen in some of the great cases solved by Mr. Holmes. This felicitous discovery confirms something that Professor Alton has long known: these gratuitous transfer issues permeate many of these adventures. Often, the action in the …
Paramilitary Forces In Colombia, Winifred Tate
Paramilitary Forces In Colombia, Winifred Tate
Faculty Scholarship
How can we understand the transformation of Colombian paramilitary groups during the past two decades? Intimately connected to drug trafficking, paramilitary groups have infiltrated political institutions and enjoyed significant political support even as they have used extreme brutality. Since the early 1990s, paramilitaries have grown exponentially in strength, creating a national coordinating body and carrying out military offensives. These developments brought territorial expansion throughout Colombia and a peak in political violence, typified by massacres from 1997 to 2003. After negotiations with government officials, more than thirty-two thousand troops passed through demobilization programs verified by the Organization of American States; much …
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Faculty Scholarship
No abstract provided.
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
Faculty Scholarship
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
Getting Real About Legal Realism, New Legal Realism And Clinical Legal Education, Kate Kruse
Getting Real About Legal Realism, New Legal Realism And Clinical Legal Education, Kate Kruse
Faculty Scholarship
Jerome Frank’s call for a “clinical lawyer-school” is cited so frequently in clinical scholarship that it borders on the canonical. Like many calls for reform in legal education, Frank’s plea for clinical lawyer-schools was based on a critique of the appellate case method of legal instruction. However, unlike most critiques, the legal realist critique was embedded within a jurisprudential challenge to the meaning of law itself, arising from American Legal Realism. Running through legal realist jurisprudence was a distinction between the “law in books” and the “law in action,” with the idea that law is not found primarily in statutes …
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Faculty Scholarship
No abstract provided.
The Law And Economics Of Legal Parochialism, Nuno Garoupa
The Law And Economics Of Legal Parochialism, Nuno Garoupa
Faculty Scholarship
Law and economics is influential in U.S. legal scholarship, but not as much elsewhere. Different explanations have been suggested for this. In this Article, I argue that the problems faced by law and economics outside of the United States are neither particular to the field nor to the local context. I offer an interpretation based on the similarities between legal parochialism and trade protectionism. A tentative prediction is that globalization in legal markets might change the current patterns.
Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush
Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush
Faculty Scholarship
This catalyst paper offers a conceptual framework for connecting a set of conversations about change in higher education that often proceed separately but need to be brought together to gain traction within both the institutional and national policy arenas. By offering a framework to integrate projects and people working under the umbrella of equity, diversity, and inclusion with those working under the umbrella of community, public, and civic engagement, we aim to integrate both of these change agendas with efforts on campus to address the access and success of traditionally underserved students. We also hope to connect efforts targeting students, …
An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt
An Institutionalization Effect: The Impact Of Mental Hospitalization And Imprisonment On Homicide In The United States, 1934-2001, Bernard E. Harcourt
Faculty Scholarship
Previous research suggests that mass incarceration in the United States may have contributed to lower rates of violent crime since the 1990s but, surprisingly, finds no evidence of an effect of imprisonment on violent crime prior to 1991. This raises what Steven Levitt has called “a real puzzle.” This study offers the solution to the puzzle: the error in all prior studies is that they focus exclusively on rates of imprisonment, rather than using a measure that combines institutionalization in both prisons and mental hospitals. Using state-level panel-data regressions over the 68-year period from 1934 to 2001 and controlling for …
Symposium: Fiduciary Duties In The Closely Held Business 35 Years After Wilkes V. Springside Nursing Home: Foreword, René Reich-Graefe
Symposium: Fiduciary Duties In The Closely Held Business 35 Years After Wilkes V. Springside Nursing Home: Foreword, René Reich-Graefe
Faculty Scholarship
On October 15, 2010—exactly fifty-nine years to the day after the opening of the original nursing home operation in 1951 which formed the core business asset of the closely held Springside Nursing Home, Inc. corporation—the Western New England University School of Law and School of Business jointly hosted their 2010 Academic Conference on “Fiduciary Duties in the Closely Held Business 35 Years after Wilkes v. Springside Nursing Home.” As with installments from prior years, the Conference was sponsored by the Western New England University Law and Business Center for Advancing Entrepreneurship. This Article examines the case of Wilkes v. Springside …
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Faculty Scholarship
No abstract provided.
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Faculty Scholarship
This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.
The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann Mcginley
The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann Mcginley
Faculty Scholarship
Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the …
Nonbelievers, Nelson Tebbe
Tenure Advice For Law Librarians And Their Directors, Carol A. Parker
Tenure Advice For Law Librarians And Their Directors, Carol A. Parker
Faculty Scholarship
Successful tenure candidates will excel as librarians, master shared governance concepts and understand their institution’s culture. Candidates should engage in self-reflection and seek feedback throughout the tenure-track process. Supportive directors and supervisors will provide support to candidates and ensure well-developed promotion and tenure policies exist and are consistently applied.
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Faculty Scholarship
This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
Legal Culture, Ralf Michaels
Legal Culture, Ralf Michaels
Faculty Scholarship
Written for an encyclopedia on European private law, this brief
article addresses the term legal culture, the relation between law and
culture, the relevance of legal culture, legal culture in the national
and European context, and criticism of the concept.
The Functionalism Of Legal Origins, Ralf Michaels
The Functionalism Of Legal Origins, Ralf Michaels
Faculty Scholarship
This article, written on request for the centennial issue of Ius Commune Europaeum, connects the economic literature on legal origins (La Porta et al) and the World Bank's Doing Business reports with discussions in comparative law about the functional method. It finds that a number of parallels and similarities exist, and that much of the criticism that has been voiced against functionalism should apply, mutates mutants, also to these more recent projects. The attraction that these projects have derive not, it is argued, from their methodological sophistication, but instead from "the strange lure of economics" and from the ostentatious objectivity …
Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Lukes’S In Defense Of "False Consciousness", Bernard E. Harcourt
Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Lukes’S In Defense Of "False Consciousness", Bernard E. Harcourt
Faculty Scholarship
Steven Lukes offers a precise, succinct, and forceful defense of the idea of "false consciousness" in his provocative essay by that name, In Defense of "False Consciousness" People can be systematically mistaken about their own best interest, Lukes contends – or, in his words, "they can have systematically distorted beliefs about the social order and their own place in it that work systematically against their interests." It is not just that sometimes people knowingly but regretfully make compromises, nor simply that they face no alternative choices; people are at times factually mistaken about what will promote their best interest. "There …
The Legal Academy As Dinner Party: A (Short) Manifesto On The Necessity Of Inter-Interdisciplinary Legal Scholarship, Paul Stancil
The Legal Academy As Dinner Party: A (Short) Manifesto On The Necessity Of Inter-Interdisciplinary Legal Scholarship, Paul Stancil
Faculty Scholarship
This Article explores the need for an increase in inter-interdisciplinary legal scholarship, suggesting that legal scholars from different traditions and backgrounds need to sit down at the same table and start talking to one another. The author presents an argument in favor of an integrated model of legal scholarship in which norms of intellectual modesty and cooperation fuel the development of interdisciplinary work. He develops a functional hierarchy which allows scholars to start with the first, threshold question, then work down to the operational details as they carefully consider our accumulated learning about why and how people actually act. After …
Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George
Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George
Faculty Scholarship
This Essay offers critical reflections on the role of social media in social change and outlines how the obligation of corporations in the information communications technology sector to avoid complicity in rights violations may evolve over time. Part I explores the Internet's potential to further democratic discourse and inclusion or foster discrimination and exclusion. It also queries whether the Internet industry has an obligation to protect against hate propaganda. Part II examines whether other industry sectors can also be said to have special obligations based on the human rights consequences of their conduct. Part III explains the nature of the …
Privacy Rights And Public Families, Khiara Bridges
Privacy Rights And Public Families, Khiara Bridges
Faculty Scholarship
This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …
Poverty Tourism And The Problem Of Consent, Kyle Powys Whyte, Evan Selinger, Kevin Outterson
Poverty Tourism And The Problem Of Consent, Kyle Powys Whyte, Evan Selinger, Kevin Outterson
Faculty Scholarship
Is it morally permissible for financially privileged tourists to visit places for the purpose of experiencing where poor people live, work, and play? Tourism associated with this question is commonly referred to as 'poverty tourism.' While some poverty tourism is plausibly ethical, other practices will be more controversial. The purpose of this essay is to address mutually beneficial cases of poverty tourism and advance the following positions. First, even mutually beneficial transactions between tourists and residents in poverty tourism always run a risk of being exploitative. Second, there is little opportunity to determine whether a given tour is exploitative since …
Comparative International Law, Ugo Mattei