Digital Commons Network^™

Metaphors Of International Law, Harlan G. Cohen

Faculty Scholarship

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

Selecting Representative And Qualified Candidates For President: Proposals To Reform Presidential Primaries, Daisy De Wolff, Ben Kremnitzer, Samara Perlman, Gabriella Weick

Faculty Scholarship

The presidential primary processes used by the two major parties misses opportunities to engage voters and incorporate their input in selecting nominees. This report advances several reforms to make the primaries more inclusive, including reordering the primary calendar to give voters in more states a meaningful voice, eliminating caucuses, and opening primaries to independent voters. Additionally, the political parties should make primary debates more informative and limit party leaders’ opportunities to have disproportionate input in selecting presidential candidates

The Labor Of Emerging Adults In International Settings: A Call For Critical Praxis In A Time Of Widening Economic Injustice., Donna M. San Antonio Dr.

Faculty Scholarship

No abstract provided.

Vaccination Equity By Design, Olatunde C.A. Johnson, Kristen Underhill

Faculty Scholarship

This Essay examines how states’ initial COVID-19 vaccine-distribution strategies tended to disadvantage populations of color, including Black, Latinx, and Native American communities. These dynamics resonate with “inverse equity” effects of other public-health innovations. We argue for a federal regulatory framework to reduce inequity-forcing effects during initial vaccine rollout.

A New Labor For Deep Democracy: From Social Democracy To Democratic Socialism, Mark Barenberg

Faculty Scholarship

Conventional workplace law includes the law of collective bargaining and employment contracts. This chapter argues that, to fully understand how law constructs worker power, industrial democracy, and political democracy, workplace law should greatly broaden in scope. The “new labor law” should encompass components of many fields of law that influence worker power and democracy as much as many components of conventional labor law. These additional components are lodged in domestic and international finance law, social wage law, constitutional law, communication law, tax law, and many more fields. The chapter applies the new labor law to critique and offer proposals to …

Disadvantaged Unincorporated Communities And The Struggle For Water Justice In California, Jonathan K. London, Amanda L. Fencl, Sara Watterson, Yasmina Choueiri, Phoebe Seaton, Jennifer Jarin, Mia Dawson, Alfonso Aranda, Aaron King, Peter Nguyen, Camille Pannu, Laurel Firestone, Colin Bailey

Faculty Scholarship

This article maps a meshwork of formal and informal elements of places called Disadvantaged Unincorporated Communities (DUCs) to understand the role of informality in producing unjust access to safe drinking water in California’s San Joaquin Valley. It examines the spatial, racial, and class-based dimensions of informality. The paper aims to both enrich the literature on informality studies and use the concept of informality to expand research on DUCs and water access. We use socio-spatial analyses of the relationships between informality and water justice to reach the following conclusions: DUCs face severe problems in access to safe drinking water; disparities in …

Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass

Faculty Scholarship

For at least half a century, scholars of the early American Constitution have noted the archival prominence of a doctrine known as the “federal consensus.” This doctrine instructed that Congress had no power to interfere with the institution of slavery in the states where it existed. Despite its ubiquity in the records, our understanding of how and why this doctrine emerged is hazy at best. Working from a conceptual map of America’s founding that features thirteen local governments coalescing into two feuding sections of North and South, commentators have tended to explain the federal consensus either as a vestige of …

Populist Prosecutorial Nullification, Kerrel Murray

Faculty Scholarship

No one doubts that prosecutors may sometimes decline prosecution notwithstanding factual guilt. Everyone expects prosecutors to prioritize enforcement based on resource limitation and, occasionally, to decline prosecution on a case-by-case basis when they deem justice requires it. Recently, however, some state prosecutors have gone further, asserting the right to refuse categorically to enforce certain state laws. Examples include refusals to seek the death penalty and refusals to prosecute prostitution or recreational drug use. When may a single actor render inert her state’s democratically enacted law in this way? If the answer is anything other than “never,” the vast reach of …

Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg

Faculty Scholarship

What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …

Race, Risk, And Personal Responsibility In The Response To Covid-19, Aziza Ahmed, Jason Jackson

Faculty Scholarship

The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportion­ate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and inequitable health outcomes. Despite clear racial disparities in illness and deaths, the neoliberal ideology of personal responsibility shifts the onus for mitigation of risk away from the social and legal determinants of health and onto the individual. To understand how and why these disparate racial outcomes arise, this Piece …

Groundwater Recharge For A Regional Water Bank: Kern Water Bank, Kern County, California, Michael Kiparsky, Kathleen Miller, Phoebe Goulden, Anita Milman, Dave Owen

Faculty Scholarship

The Kern Water Bank is a semi-private groundwater bank operated by the Kern Water Bank Authority in Kern County, CA. The bank stores water from the State Water Project (SWP), Central Valley Project (CVP), and the Kern River. It is massive in scale, covering over 20,000 acres, with approximately 2.5 million acre feet diverted to the bank since 1995. The bank stores water on behalf of its member water agencies, which include both public and private water entities mainly focusing on agricultural use, along with a small number of municipal and residential customers. Water is withdrawn by the member agencies …

We Are The River, David Takacs

Faculty Scholarship

The New Zealand Parliament has recently granted the Whanganui River and the Te Urewera mountain ecosystem rights as legal persons, with a Māori governing board to speak for the nonhuman entities, based upon traditional cultural precepts. Far from an isolated precedent, in what the U.N. Secretary General calls “the fastest growing legal movement of the twenty-first century,” legislatures, courts, or voters in Australia, Colombia, Ecuador, Bangladesh, India, Uganda, and the U.S. have also declared that rivers and other living systems have legal rights. This Article chronicles the movement to grant nonhuman entities legal rights. I analyze the statutes and judicial …

Physicians Treating Alzheimer’S Disease Patients Should Be Aware That Televised Direct-To-Consumer Advertising Links More Strongly To Drug Utilization In Older Patients, Robin C. Feldman

Faculty Scholarship

Background: US direct-to-consumer advertising spending for medicine has soared in recent decades. Advertising has been shown to impact drug utilization. Most Alzheimer’s disease patients are above age 65 and may take a range of prescription medications for various disease states. Objective: To investigate how direct-to-consumer advertising is associated with the drug utilization of patients ≥ 65 years old. Methods: Using advertising expenditure data and Medicare Part D drug purchase claims, we performed regression analyses for each of the highest-spending drugs and age group, with cumulative monthly spending as the predictor variable and drug utilization as the response variable. For each …

Videoconferencing And Legal Doctrine, Scott Dodson

Faculty Scholarship

No abstract provided.

Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Three Cohorts' Vulnerabilities On The Issue Of Sexual Consent, Anita Bernstein

Faculty Scholarship

No abstract provided.

Notice Risk And Registered Agency, Andrew K. Jennings

Faculty Scholarship

No abstract provided.

Postglacial Recolonization Of North America By Spadefoot Toads: Integrating Niche And Corridor Modeling To Study Species’ Range Dynamics Over Geologic Time, Iulian Gherghel, Ryan Andrew Martin

Faculty Scholarship

Understanding the factors that shape species’ distributions is a key topic in biogeography. As climates change, species can either cope with these changes through evolution, plasticity or by shifting their ranges to track the optimal climatic conditions. Ecological niche modeling (ENM) is a widespread technique in biogeography that estimates the niche of the organism by using occurrences and environmental data to estimate species’ potential distributions. ENMs are often criticized for failing to take species’ dispersal abilities into consideration. Here, we attempt to fill this gap by combining ENMs with dispersal and corridor modeling to study the range dynamics of North …

Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

The Emerging Legal Architecture For Social Justice, Luz E. Herrera, Louise G. Trubek

Faculty Scholarship

Lawyers advocating for social change are now front and center in newspapers and social media. This article discusses how a new breed of progressive lawyers envision social justice law practice today. These “critical lawyers” are diverse in background, gender, ethnicity and race. They see law as a complex, contradictory tool rather than a necessary and sufficient route to justice. Their practices differ from the traditional non-profit public interest firms of the earlier generation that assumed justice would result if law and lawyers were accessible. To highlight the differences, the article discusses the law practices of Beyond Legal Aid, Law for …

Rationing Crisis: Bogus Standards Of Care Unmasked By Covid-19, George J. Annas

Faculty Scholarship

After the spectacular failure to apply acceptable triage methods to evacuate patients from a flooded Memorial Hospital during Hurricane Katrina, preparedness planning was intensified (Fink Citation2013). Regarding physicians and hospitals, two approaches got the most attention: (1) diluting the legal “standard of care” for physicians and hospitals so they would be immune from lawsuit for negligent acts during a crisis (“crisis standards of care”); and (2) developing triage protocols for scarce resource allocation. Both can be considered crude works in process. Nonetheless, in the midst of the greatest national crisis since 9/11, I think it is time to declare …

The Cultural (Re)Turn: The Case For Teaching Culturally Responsive Lawyering, Danielle L. Tully

Faculty Scholarship

No abstract provided.

The Institutional Design Of Community Control, K. Sabeel Rahman, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Involving Anthroponomy In The Anthropocene: On Decoloniality, Jeremy Bendik-Keymer

Faculty Scholarship

This book introduces the idea of anthroponomy – the organization of humankind to support autonomous life – as a response to the problems of today’s purported "Anthropocene" age. It argues for a specific form of accountability for the redressing of planetary-scaled environmental problems. The concept of anthroponomy helps confront geopolitical history shaped by the social processes of capitalism, colonialism, and industrialism, which have resulted in our planetary situation. Involving Anthroponomy in the Anthropocene: On Decoloniality explores how mobilizing our engagement with the politics of our planetary situation can come from moral relations. This book focuses on the anti-imperial work of …

The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat

Faculty Scholarship

Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on …

Racial-Spatial Politics: Policing Black Citizens In White Spaces And A 21st-Century Uprising, Andrea S. Boyles

Faculty Scholarship

I had been at the library for hours, going over the last edits on my first book (Boyles 2015), when I received a distressing phone call: a police officer had killed a Black male teenager in the city of Ferguson. The caller said protesters were assembling at the scene and suggested that I go there immediately. Well, I responded accordingly. I went, ultimately embarking on an unanticipated, extraordinary three-year empirical journey. As a sociologist and critical criminologist, I had been researching and writing about conflict between Black citizens and police in the suburbs of the St. Louis region for five …

Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa

Faculty Scholarship

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law.

This article underscores the role of the postcolonial periphery in …

Social Work, Ethics And Vulnerable Groups In The Time Of Coronavirus And Covid-19, Kathleen J. Farkas, Jaroslaw Richard Romaniuk

Faculty Scholarship

The profession of social work is dedicated to the betterment of society and to the protection of marginalized and vulnerable groups. The profession’s mission is detailed in the set of seven core values: service; social justice; dignity and work of the person; importance of human relationships; integrity; and competence. Relationships between people and among groups are the primary tools of social work assessment, intervention and evaluation. In the time of coronavirus and COVID-19, there are many challenges for professional practitioners to adhere to social work’s core values as well as to maintain their own health and welfare in a time …

Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi

Faculty Scholarship

No abstract provided.

Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag

Faculty Scholarship

No abstract provided.