Digital Commons Network^™

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

Mine The Gap: Using Racial Disparities To Expose And Eradicate Racism, James S. Liebman, Kayla C. Butler, Ian Buksunski

Faculty Scholarship

For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial redistribution of resources. A key dimension of that question is whether to accept the Supreme Court's limitation of equal protection to public actors' disparate treatment of members of different races or instead demand constitutional remedies for the racially disparate impact of public action.

For a substantial segment of the …

Legal Internalism In Modern Histories Of Copyright, Shyamkrishna Balganesh, Taisu Zhang

Faculty Scholarship

Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon wherein such participants treat the domain of law (or a subset of it) as normative, epistemologically self-contained, and logically coherent on its own terms regardless of whether the law actually embodies those characteristics. Thus understood, legal internalism remains an important characteristic of all modern legal systems. In this Review, we examine three recent interdisciplinary histories of copyright law to showcase the working of legal internalism. We argue that while their interdisciplinary emphasis adds to the conversation …

Disability Admin: The Invisible Costs Of Being Disabled, Elizabeth F. Emens

Faculty Scholarship

This Essay comes in five parts. After this Introduction, Part I begins by briefly sketching the concept of life admin and setting out the understanding of disability that informs the ADA. Part II demonstrates the special burdens that admin places on people with disabilities and uses this argument to refine the social model of disability and clarify its implications. This theoretical insight lays the groundwork for Part III to fill a gap in the analysis of “reasonable” accommodation under Title I. This Part shows that, although courts have set out a cost-benefit analysis as the framework for determining the “reasonableness” …

Strengthened Bonds: Abolishing The Child Welfare System And Re-Envisioning Child Well-Being, Nancy D. Polikoff, Jane M. Spinak

Faculty Scholarship

The 2001 book, Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts, called out the racism of the child welfare system and the harms that system perpetrates on families and communities. Twenty years later, despite numerous reform efforts, the racism and profound harms endure. It is time for transformative change. In this foreword to the symposium Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being, honoring the 20th anniversary of Shattered Bonds, we highlight Professor Roberts’ articulation of her development as a family policing abolitionist and summarize the articles and comments contributed from scholars …

The Code Of Capital: How The Law Creates Wealth And Inequality – Core Themes, Katharina Pistor

Faculty Scholarship

In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.

The Classic Arguments For Free Speech 1644-1927, Vincent A. Blasi

Faculty Scholarship

This chapter examines the classic arguments for freedom of speech. It traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica, a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to …

How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal

Faculty Scholarship

We live in an era of intersecting crises-some new, some old but newly visible. At the time of writing, the COVID-19 pandemic has already caused nearly 500,000 deaths in the United States alone, with many more deaths on the horizon in the coming months. Since its arrival in the United States, the virus has intersected with and magnified long-neglected problems-radical disparities in access to healthcare and the fulfillment of basic needs that disproportionately impact communities of color and working-class Americans, alongside a crisis of care for the young, elderly, and sick that stretches families and communities to the breaking point

Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt

Faculty Scholarship

Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of …

Ideology And Institutions In The Evolution Of Capital, Katharina Pistor

Faculty Scholarship

In Capital and Ideology, Thomas Piketty poses the intriguing thesis that ideology, or ideas about how society should be governed, is a powerful determinant for how society will be governed-as long as we take advantage of historical switch points. In this review essay I challenge this thesis by pointing out that many powerful ideas have run aground because of countervailing institutional arrangements. Oftentimes, they are leftovers from earlier times that precede the change and are now strategically employed for reconstituting private wealth. Clearly, ideology and institutions are deeply intertwined. I credit Piketty for putting ideology on the map of …

New Mexico In Depth Interviews Vinay Harpalani: Complexity Of Colorism, Vinay Harpalani, Claudia Silva

Faculty Scholarship

“Our discourse on race in this country has largely been framed around black or white,” said University of New Mexico civil rights law professor Vinay Harpalani.

But assumptions about varying shades of skin color can, for example, lead someone who is Indian, like himself, to be mistaken as Hispanic, he said.

Academics who’ve studied racial discrimination say discrimination based on a person’s skin-tone exists across many racial and ethnic groups and generally manifests as a systematic preference for lighter skin over darker skin.

Harpalani explains it can be the other way around in some instances, such as the bullying Clark …

Understanding Wellbeing And Caregiver Commitment After Adoption Or Guardianship From Foster Care, Nancy Rolock

Faculty Scholarship

This study explored data obtained from surveys of caregivers who had previously adopted or assumed guardianship of a child from foster care in two U.S. states (N= 937). Descriptive analyses summarized the demographic and wellbeing characteristics of children and families, and multivariate regression models estimated the association between these variables and caregiver commitment. Consistent with previous research, most caregivers (> 80%) reported positive adjustment across measures, but some caregivers indicated family struggles, such as caregiver strain, child behavior difficulties, and lack of access to adoption-competent services. Higher caregiver commitment was associated with higher family nurturing and attachment, lower caregiver strain, …

Postmodern Violent Conditions In Loher's Innocence, Peter Yang

Faculty Scholarship

Despite its theatrical success, Dea Loher's Innocence faces a heated debate among German theatre and literary critics. Some regard it as a neorealist drama that has reached the highest level of the theatre, but others denounce it as a diffuse, kitschy portrayal of violence. The goal of this paper is to explore themes of the play to negotiate—against the claims of its existing theatre and literary criticism—more accurate critical guidelines of evaluating this theatrical work. The results of this study are expected to contribute to a better understanding of postmodernism and postdramatic theatre in general and of this postdramatic writing …

"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

"Practicing criminal law as a woman is like playing tackle football in a dress.” Andrea George, Executive Director of the Federal Public Defender for Eastern Washington and Idaho, began her testimony to the American Bar Association’s Women in Criminal Justice Task Force with that powerful observation. In the wake of the #MeToo movement, the ABA has focused on ways to enhance gender equity in the profession and in the justice system. The Criminal Justice Section of the ABA has invested significant resources in the creation of the Women in Criminal Justice Task Force (WCJ TF), which launched its work in …

The Limits Of Medical X-Pertise: Gender Markers In A Pandemic, Heron Greenesmith, Andy Izenson

Faculty Scholarship

The world changed drastically in 2020. The pandemic has far reaching consequences, and so too do the current civil rights movements and the struggle for gender justice and liberation. This Article seeks to describe a moment in time, a moment of doubt of how one 's gender and race will predict one 's ability to survive the pandemic-not simply COVID-19, but the pandemic writ-large and all the wrenches it has thrown into the health-care machine. How do those of us standing at the edge of a gender revolution navigate these waters? Will our health be the price we pay for …

Setting The Standard: Multidisciplinary Hallmarks For Structural, Equitable And Tracked Antibiotic Policy, Claas Kirchhelle, Paul Atkinson, Alex Broom, Komatra Chuengsatiansup, Jorge Pinto Ferreira, Nicolas Fortané, Isabel Frost, Christoph Gradmann, Stephen Hinchliffe, Steven J. Hoffman, Javier Lezaun, Susan Nayiga, Scott H. Podolsky, Kevin Outterson, Stephanie Raymond, Adam P. Roberts, Andrew C. Singer, Anthony D. So, Luechai Sringernyuang, Elizabeth Tayler, Susan Rogers Van Katwyk, Clare I. R. Chandler

Faculty Scholarship

There is increasing concern globally about the enormity of the threats posed by antimicrobial resistance (AMR) to human, animal, plant and environmental health. A proliferation of international, national and institutional reports on the problems posed by AMR and the need for antibiotic stewardship have galvanised attention on the global stage. However, the AMR community increasingly laments a lack of action, often identified as an ‘implementation gap’. At a policy level, the design of internationally salient solutions that are able to address AMR’s interconnected biological and social (historical, political, economic and cultural) dimensions is not straightforward. This multidisciplinary paper responds by …

Cultural Adaptation And Content Validity Of A Chinese Translation Of The 'Person-Centered Primary Care Measure': Findings From Cognitive Debriefing, Stephen J. Zyzanski, Kurt C. Stange

Faculty Scholarship

Objectives To develop an equivalent Chinese translation of the Person-Centered Primary Care Measure (PCPCM) and to establish its cultural adaptability and content validity through cognitive debriefing. Design The original English PCPCM was first translated into Chinese by double forward-translation by professional translators. The reconciliated Chinese version was then doubly back-translated into English by two other professional translators blinded to the forward-translation. On affirmation on its linguistic equivalence with the developers of the original English PCPCM, the reconciliated Chinese PCPCM was sent for cognitive debriefing with 20 Chinese-speaking primary care subjects by a trained interviewer using structured probing questions to collect …

Conceptualizing The Effects Of Continuous Traumatic Violence On Hiv Continuum Of Care Outcomes For Young Black Men Who Have Sex With Men In The United States, Dexter R. Voisin

Faculty Scholarship

The United States (US) is on track to achieve the 90-90-90 targets set forth by UNAIDS and the National HIV/AIDS strategy, yet significant racial disparities in HIV care outcomes remain, particularly for young Black men who have sex with men (YBMSM). Research has demonstrated that various types of violence are key aspects of syndemics that contribute to disparities in HIV risk. However, little research has looked collectively at cumulative violent experiences and how those might affect HIV treatment and care outcomes. Drawing on extant literature and theoretical underpinnings of syndemics, we provide a conceptual model that highlights how continuous traumatic …

L’Abbiam Fatta Tutti Noi: Collaboration And Originality In Early Modern Art, James Hutson

Faculty Scholarship

This article seeks a reevaluation of the collaborative efforts and critical valuation of the Carracci in the frescoes of the Palazzo Magnani. While the significance of the cycle for the development of the nascent baroque style is demonstrable, criticism has focused on attributional issues and the works remain understudied. Since their original biographers struggled over identifying which Carracci was responsible for which scene in the frieze, efforts have been made to carefully dissect the contributions of each. Yet, the collaborative working process of the Carracci, which was recently developed to reform the medieval workshop model of artistic education, was at …

Racial And Ethnic Comparison Of Ecological Risk Factors And Youth Outcomes: A Test Of The Desensitization Hypothesis, Dexter R. Voisin

Faculty Scholarship

Minority youth, because of structural, ecological, and societal inequalities, are at heightened risk of reporting depression and experiencing negative sanctions associated with delinquency. Sociological theories suggest that greater exposure to ecological risk factors at the peer, family, school and community levels are associated with elevated rates of youth depression and delinquency. Desensitization theory posits that repeated exposures to ongoing stressors result in a numbing of psychological and behavioral responses. Thus, it remains unclear whether racial/ethnic differences exist with regards to how contextual stressors correlate with depression and delinquency. Using a sample of 616 Black, 687 Latinx, and 1,318 White youth, …

Commentary: Re-Aim Planning And Evaluation Framework: Adapting To New Science And Practice With A 20-Year Review, Kurt C. Stange

Faculty Scholarship

As a boy, Charles Marlow, in Conrad’s Heart of Darkness, is drawn to explore “blank space of delightful mystery” on the map of Africa. By the time he’s old enough to take on the adventure, the blank space now has river names on it, and he’s charmed by the uncoiled snake of a river that promises an easy path into what has become “a place of darkness.” As young investigators, we typically begin with a desire to map, and perhaps to conquer, blank spaces of delightful mystery. We steam boldly up the mighty waterways of well-traveled theory and methods that …

The Law Professor Pipeline, Milan Markovic

Faculty Scholarship

Throughout U.S. legal education’s history, a small number of elite law schools have produced the vast majority of law professors. Although law professor hiring is now more inclusive in certain respects, the law school an aspiring professor attended continues to serve as a powerful predictor of hiring market success. Some scholars have maintained that this preference for graduates of elite law schools infects legal education with class bias and distorts legal pedagogy, but the absence of reliable data on socioeconomic diversity within law schools has muted these criticisms.

This Essay reorients the debate on law school hiring by focusing on …

Albuquerque Journal Interviews Maryam Ahranjani, Many Want Police Out Of Schools Across Nm, Maryam Ahranjani, Shelby Perea

Faculty Scholarship

In Albuquerque, University of New Mexico School of Law associate professor Maryam Ahranjani and Hope Pendleton, a board member of the Black Law Student Association at UNM, are saying now is the time to remove officers from schools.

“There’s a lot of unfortunate downstream negative repercussions for children from having police officers in schools,” Ahranjani said.

Pendleton and Ahranjani helped write a letter to APS Superintendent Raquel Reedy and her leadership team that says funds earmarked for the APS Police Department would be better spent addressing this counselor-to-student ratio and investing in other personnel.

“Reallocating funds away from law enforcement …

Art Adherence Among Men Who Have Sex With Men Living With Hiv: Key Challenges And Opportunities, Dexter R. Voisin

Faculty Scholarship

Purpose of Review: In the USA, gay, bisexual, and other men who have sex with men (MSM) are disproportionately affected by HIV. High levels of adherence to antiretroviral therapy (ART) can dramatically improve outcomes for persons living with HIV and reduce the risk of HIV transmission to others. Yet, there are numerous individual, social, and structural barriers to optimal ART adherence. Many of these factors disproportionately impact Black MSM and may contribute to their poorer rates of ART adherence. This review synthesizes the key challenges and intervention opportunities to improve ART adherence among MSM in the USA. Recent Findings: Key …

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

Faculty Scholarship

No abstract provided.

Tax And Arbitration, William W. Park

Faculty Scholarship

When fiscal measures intertwine arbitration, undue mystification sometimes follows. To enhance analytic clarity, tax-related arbitration might be divided into three parts. The first derives from ordinary commercial disputes that become laced with incidental tax questions. A corporate acquisition, for example, might carry tax consequences which in turn implicate contract claims or defences presented to an arbitral tribunal for resolution. The second genre of tax-related arbitration arises in respect of cross-border investment disputes. Rightly or wrongly, foreign investors often perceive host-country fiscal enactments as discriminatory, unfair, or tantamount to expropriation, thus violating international commitments. Finally, arbitration comes into play under income …

Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr

Faculty Scholarship

Aaron Burr Jr. (Class of 1772), the third Vice President of the United States, fathered two children by a woman of color from Calcutta, India. Their son, John Pierre Burr (1792-1864), would become an activist, abolitionist, and conductor on the Underground Railroad.

Physical Distancing With Social Connectedness, Kurt C. Stange

Faculty Scholarship

In light of concerns over the potential detrimental effects of declining care continuity, and the need for connection between patients and health care providers, our multidisciplinary group considered the possible ways that relationships might be developed in different kinds of health care encounters.We were surprised to discover many avenues to invest in relationships, even in non-continuity consultations, and how meaningful human connections might be developed even in telehealth visits. Opportunities range from the quality of attention or the structure of the time during the visit, to supporting relationship development in how care is organized at the local or system level …

An Introduction To The Collection [Get In Good Trouble: A Collection Of Essays By Millennial Law Scholars], Verónica C. Gonzales

Faculty Scholarship

Get in Good Trouble: A Collection of Essays by Millennial Law Scholars Introduction by Verónica C. Gonzales-Zamora with essays by Kinda Abdus-Saboor, Ernestine Chaco, Marcus Gadson, Verónica Gonzales-Zamora, Camilo Romero, Lysette Romero Córdova, Morenike Saula, Joseph Schremmer, and Hon. Roshanna Toya. Afterword by Marcus Gadson. In response to the global pandemic, legal education in the United States shifted almost immediately to new tools and methods of delivery. Unsure of the lasting impact of these shifts, law faculty and law students around the country remain in limbo preparing for different scenarios when instruction resumes. Millennial law professors and scholars, with decades …

Distinguishing Moral Hazard From Access For High-Cost Healthcare Under Insurance, Christopher Robertson, Andy Yuan, Wendan Zhang, Keith Joiner

Faculty Scholarship

Health policy has long been preoccupied with the problem that health insurance stimulates spending (“moral hazard”). However, much health spending is costly healthcare that uninsured individuals could not otherwise access. Field studies comparing those with more or less insurance cannot disaggregate moral hazard versus access. Moreover, studies of patients consuming routine low-dollar healthcare are not informative for the high-dollar healthcare that drives most of aggregate healthcare spending in the United States.
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/="/">We test indemnities as an alternative theory-driven counterfactual. Such conditional cash transfers would maintain an opportunity cost for patients, unlike standard insurance, but also guarantee access to …