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Articles 691 - 720 of 2105
Full-Text Articles in Entire DC Network
The Hidden Though Flourishing Justification Of Intellectual Property Laws: Distributive Justice, National Versus International Approaches, Shlomit Yanisky-Ravid
The Hidden Though Flourishing Justification Of Intellectual Property Laws: Distributive Justice, National Versus International Approaches, Shlomit Yanisky-Ravid
Faculty Scholarship
No abstract provided.
The Futility Of Law And Development: China And The Dangers Of Exporting American Law, Martin S. Flaherty
The Futility Of Law And Development: China And The Dangers Of Exporting American Law, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Regulating The Human Supply Chain, Jennifer Gordon
Regulating The Human Supply Chain, Jennifer Gordon
Faculty Scholarship
Over the past decade, the United States has experienced a stunning 65% decline in undocumented immigration. While politicians seem unaware of this change, firms that once relied on local undocumented workers as a low-wage labor force feel it acutely. Such companies have increasingly applied to sponsor temporary migrants from abroad (sometimes called “guest workers”) to fill empty jobs. In 2015, the number of migrant workers entering the United States on visas was nearly double that of undocumented arrivals—almost the inverse of just 10 years earlier. Yet notice of this dramatic shift, and examination of its implications for U.S. law and …
Patenting Elasticities, Clark D. Asay
Patenting Elasticities, Clark D. Asay
Faculty Scholarship
Over the last decade, a growing consensus has emerged: there are too many patents, and they are causing a host of problems. These problems include patent “trolling,” patent “wars,” and other wasteful societal costs. In explaining this patent overabundance, some scholars have pinpointed the United States Patent Office, the governmental body responsible for issuing patents, as the main culprit. Others have blamed patent holders themselves, identifying a number of incentives these parties have to pursue patents even in cases where doing so makes little economic sense. Overall, these analyses thus typically assume a high and relatively uniform demand for patents …
Constructing An International Community, Monica Hakimi
Constructing An International Community, Monica Hakimi
Faculty Scholarship
What unites states and other global actors around a shared governance project? How does the group — what I will call an “international community” — coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, …
How Women Could Save The World, If Only We Would Let Them: From Gender Essentialism To Inclusive Security, Catherine Powell
How Women Could Save The World, If Only We Would Let Them: From Gender Essentialism To Inclusive Security, Catherine Powell
Faculty Scholarship
We increasingly hear that empowering women and placing them in positions of leadership will lead to a safer, more prosperous world. The UN Security Council’s groundbreaking resolutions on Women Peace, and Security (WPS) — and U.S. law implementing these commitments — rest on the assumption that women’s participation in peace and security matters will lead to more sustainable peace, because women presumably “perform” in ways that reduce conflict, violence, and extremism. This idea is of heightened importance today because women are still vastly underrepresented in positions of leadership in the peace and security field, having yet to “shatter that highest …
Andrea Yates: A Continuing Story About Insanity, Deborah W. Denno
Andrea Yates: A Continuing Story About Insanity, Deborah W. Denno
Faculty Scholarship
No abstract provided.
The Price Of Judicial Economy In The Us, Bruce A. Green
The Price Of Judicial Economy In The Us, Bruce A. Green
Faculty Scholarship
In the US, courts widely perceive that judicial scarcity is a common problem threatening the fair and timely resolution of disputes. Courts cite the attendant interest in judicial economy to justify interpreting the procedural and substantive law to reduce the judicial workload or accelerate the resolution of cases. But courts’ assumption that there are too few judges to handle the current caseload is hard to substantiate. First, it may not be possible to infer from excessive judicial backlogs or other perceived judicial deficiencies that a shortfall of judges is to blame. Second, even when one confidently perceives that a judicial …
Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler
Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler
Faculty Scholarship
Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest rates …
Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Mark Rapisarda, Wendy J. Kaplan
Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Mark Rapisarda, Wendy J. Kaplan
Faculty Scholarship
While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile-specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency …
The Trauma Of The Routine: Lessons On Cultural Trauma From The Emmett Till Verdict, Angela Onwuachi-Willig
The Trauma Of The Routine: Lessons On Cultural Trauma From The Emmett Till Verdict, Angela Onwuachi-Willig
Faculty Scholarship
Cultural traumas are socially mediated processes that occur when groups endure horrific events that forever change their consciousness and identity. According to cultural sociologists, these traumas arise out of shocks to the routine or the taken for granted. Understanding such traumas is critical for developing solutions that can address group suffering. Using the African American community’s response to the not guilty verdict in the Emmett Till murder trial as a case study, this article extends cultural trauma theory by explicating how cultural traumas can arise not only when routines are disrupted but also when they are maintained and reaffirmed in …
Detritus Quality And Locality Determines Survival And Mass, But Not Export, Of Wood Frogs At Metamorphosis, Joseph R. Milanovich, Kyle Barrett, John A. Crawford
Detritus Quality And Locality Determines Survival And Mass, But Not Export, Of Wood Frogs At Metamorphosis, Joseph R. Milanovich, Kyle Barrett, John A. Crawford
Faculty Scholarship
Single-site experiments have demonstrated detritus quality in wetlands can have strongly negative, neutral, and even positive influences on wildlife. However, an examination of the influence of detritus quality across several regions is lacking and can provide information on whether impacts from variation in detritus quality are consistent across species with wide ranges. To address this gap in regional studies we examined effects of emergent and allochthonous detritus of different nutrient qualities on amphibians and assessed a mechanism that may contribute to potential impacts. We used aquatic mesocosms to raise wood frogs (Rana sylvatica) from two regions of the United States …
Involvement In The Juvenile Justice System For African American Adolescents: Examining Associations With Behavioral Health Problems, Dexter R. Voisin
Involvement In The Juvenile Justice System For African American Adolescents: Examining Associations With Behavioral Health Problems, Dexter R. Voisin
Faculty Scholarship
While researchers have found that African American youth experience higher levels of juvenile justice involvement at every system level (arrest, sentencing, and incarceration) relative to their other ethnic counterparts, few studies have explored how juvenile justice involvement and number of contacts might be correlated with this broad range of problems. A convenience sample of 638 African American adolescents living in predominantly low-income, urban communities participated in a survey related to juvenile justice involvement. Major findings using logistic regression models indicated that adolescents who reported juvenile justice system involvement versus no involvement were 2.3 times as likely to report mental health …
Two Narratives Of Platform Capitalism, Frank Pasquale
Two Narratives Of Platform Capitalism, Frank Pasquale
Faculty Scholarship
No abstract provided.
Law And Economics: Contemporary Approaches, Frank Pasquale, Martha T. Mccluskey, Jennifer Taub
Law And Economics: Contemporary Approaches, Frank Pasquale, Martha T. Mccluskey, Jennifer Taub
Faculty Scholarship
No abstract provided.
A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli
A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli
Faculty Scholarship
This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …
The Relationship Between Life Stressors And Drug And Sexual Behaviors Among A Population-Based Sample Of Young Black Men Who Have Sex With Men In Chicago, Dexter R. Voisin
The Relationship Between Life Stressors And Drug And Sexual Behaviors Among A Population-Based Sample Of Young Black Men Who Have Sex With Men In Chicago, Dexter R. Voisin
Faculty Scholarship
Younger Black men who have sex with men (YBMSM) have the highest rates of HIV incidence in the U.S. and are also exposed to high life stressors (e.g., unemployment, incarceration, and exposure to communality). This study assessed whether life stressors were related to drug use and sexual risk behaviors among a representative sample of YBMSM. The South Side of Chicago and selected adjacent suburbs represents the most populous contiguous Black community in the U.S. Over 10% of the estimated YBMSM population in this geographic region were sampled. Major findings indicated that higher life stress was significantly associated with greater odds …
Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen
Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen
Faculty Scholarship
No abstract provided.
Marijuana Use Among Young Black Men Who Have Sex With Men And The Hiv Care Continuum: Findings From The Uconnect Cohort, Dexter R. Voisin
Marijuana Use Among Young Black Men Who Have Sex With Men And The Hiv Care Continuum: Findings From The Uconnect Cohort, Dexter R. Voisin
Faculty Scholarship
Background: Young Black men who have sex with men (YBMSM) are at highest risk for HIV seroconversion in the United States. Successful movement through the HIV care continuum is an important intervention for limiting onwards HIV transmission. Objective: Little data exists on how substances most commonly used by YBMSM, such as marijuana, are related to the HIV continuum, which represents the primary aim of this study. Methods: A cohort of YBMSM (n = 618) was generated through respondent-driven sampling. Frequency of marijuana use and marijuana use as a sex-drug were assessed across the HIV care continuum using weighted logistic regression …
Talking With Women About Community Healing In Uganda And Sierra Leone, Jennifer Moore
Talking With Women About Community Healing In Uganda And Sierra Leone, Jennifer Moore
Faculty Scholarship
Featuring voices on international law, policy and practice
Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank Pasquale
Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank Pasquale
Faculty Scholarship
No abstract provided.
Big Questions Comparative Law, Anna Di Robilant
Big Questions Comparative Law, Anna Di Robilant
Faculty Scholarship
This essay reflects on Ran Hirschl’s book "Comparative Matters." Feeling that historical comparative law methodologies have been found wanting it looks to newer methods. For example, the critical approach to comparative law relies on comparison to expose the implicit biases and assumptions of the observer’s own system and to denounce the illusory and ideological nature of “legalism,” namely, the claim that law is both neutral and necessary. Comparative law and economics seeks to explain in precise terms the convergence of legal rules by using efficiency as a key metric. Comparative law and economics also gives a comparative twist to the …
Reflections Of An Empirical Reader (Or: Could Fleming Be Right This Time?), Gary S. Lawson
Reflections Of An Empirical Reader (Or: Could Fleming Be Right This Time?), Gary S. Lawson
Faculty Scholarship
Professor Jim Fleming’s new book, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms, purports to critique all forms of originalism from the perspective of Professor Fleming’s “moral reading” of, or “philosophic approach” to, the Constitution. I propose a somewhat different opposition: empirical reading versus moral reading. Empirical reading is necessarily originalist, but it focuses directly on the need to ground interpretation in theories of concepts, language, and communication. In this short comment, I outline the research agenda for a theory of empirical reading, explore the extent to which empirical readings and moral readings of the Constitution are …
A National Evaluation Of A Dissemination And Implementation Initiative To Enhance Primary Care Practice Capacity And Improve Cardiovascular Disease Care: The Escalates Study Protocol, Kurt C. Stange
Faculty Scholarship
Background: The Agency for Healthcare Research and Quality (AHRQ) launched the EvidenceNOW Initiative to rapidly disseminate and implement evidence-based cardiovascular disease (CVD) preventive care in smaller primary care practices. AHRQ funded eight grantees (seven regional Cooperatives and one independent national evaluation) to participate in EvidenceNOW. The national evaluation examines quality improvement efforts and outcomes for more than 1500 small primary care practices (restricted to those with fewer than ten physicians per clinic). Examples of external support include practice facilitation, expert consultation, performance feedback, and educational materials and activities. This paper describes the study protocol for the EvidenceNOW national evaluation, which …
Domination, Democracy, And Constitutional Political Economy In The New Gilded Age: Towards A Fourth Wave Of Legal Realism, K. Sabeel Rahman
Domination, Democracy, And Constitutional Political Economy In The New Gilded Age: Towards A Fourth Wave Of Legal Realism, K. Sabeel Rahman
Faculty Scholarship
No abstract provided.
Multiple Dimensions Of Stigma And Health Related Factors Among Young Black Men Who Have Sex With Men, Dexter R. Voisin
Multiple Dimensions Of Stigma And Health Related Factors Among Young Black Men Who Have Sex With Men, Dexter R. Voisin
Faculty Scholarship
This study is among the first to examine the association between multiple domains of HIV-related stigma and health-related correlates including viral load and medication adherence among young Black men who have sex with men (N = 92). Individual logistic regressions were done to examine the hypothesized relationships between HIV-related stigma and various health and psychosocial outcomes. In addition to examining total stigma, we also examined four domains of HIV stigma. Findings revealed the various domains of stigma had differential effects on health-related outcomes. Individuals who reported higher levels of total stigma and personalized stigma were less likely to be virally …
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
Faculty Scholarship
This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …
Just Jobs, Anita Bernstein
The Family, The State, And American Political Development As A Big Tent: Asking Basic Questions About Basic Institutions, Linda C. Mcclain
The Family, The State, And American Political Development As A Big Tent: Asking Basic Questions About Basic Institutions, Linda C. Mcclain
Faculty Scholarship
This article, contributed to a symposium on “The Family, the State, and American Political Development”, evaluates the proposition that the relationship between the basic institutions of the family and the state should be more central to the study of American political development (“APD”). It argues that, happily, such relationship is no longer as neglected by scholars as it once was, but that much work remains to be done. The article begins by comparing parallel efforts by pioneering feminist political and legal theorists to put on the table such issues as the public/private distinction between the polity and the family, assumptions …
The Prosecutor's Turn, Bennett Capers