Digital Commons Network^™

Mr. Justice Posner? Unpacking The Statistics, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

No abstract provided.

Terrorism: The Politics Of Prosecution, Madeline Morris

Faculty Scholarship

No abstract provided.

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, Mitu Gulati, David C. Vladeck

Faculty Scholarship

No abstract provided.

Paying For Politics, John M. De Figueiredo, Elizabeth Garrett

Faculty Scholarship

No abstract provided.

Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This is an edited version of a debate held at Columbia Law School on February 21, 2005.

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.

Towards A Continuum Of Scholarship: The Eventual Collapse Of The Distinction Between Grey And Non-Grey Literature, Marcus A. Banks

Copyright, Fair Use, Scholarly Communication, etc.

Abstract (from University of Arizona Campus Repository)

This paper argues that the distinction between grey and non-grey (or white) literature will become less relevant over time, as online discovery options proliferate. In the meantime, the political success of the open access publishing movement has valuable lessons for proponents of increasing access to grey literature.

Partisan Gerrymandering And Disaggregated Redistricitng, Adam B. Cox

Public Law and Legal Theory Working Papers

No abstract provided.

The European Union, Immigration And Inequality: “Albanian” Labor In The Political Economy Of Rural Greece, Christopher M. Lawrence

Dissertations, Theses, and Capstone Projects

Many early studies of globalization hypothesized a withering away of thee nation-state as a significant arena for the production of identity and social regulation. From this perspective the persistence of nationalism and resurgence of neo-racism in Europe have often been seen as a futile rear-guard defense by downwardly mobile classes or class fractions. More recent studies have suggested that rather than fading away, the nation and state have been undergoing a process of re-articulation. However, exactly how the nation and state are being re-articulated, and the implications of this process for our understanding of nationalism and national identity formation, are …

Unshap'd Monsters: Political Farce On The London Stage, 1717-1737, Melissa Ann Bloom

Dissertations, Theses, and Capstone Projects

This dissertation reexamines the role of John Gay's and Henry Fielding's anti-government satirical farces during the politically contentious 1720s and 1730s in London. Although their plays were and still are considered, variously, burlesques, entertainments, farces, and satires, I call them satirical farce for two reasons. First, contemporaries used the term farce as much to signify political and social stances as dramatic type or function. Those political and social stances are the central focus of this dissertation. Second, I see in this collection of plays—Gay's Three Hours After Marriage (1717) and The Beggar's Opera (1728), Fielding's The Author's Farce (1730), The …

From Mobile Ontologies To Mobile Aesthetics, Jos De Mul

Contemporary Aesthetics (Journal Archive)

We are living in a globalizing world, characterized by constant and rapid innovation. As we are inclined to go with this flow and its accompanying discourse of mobility, there is a danger that we overlook the persistence of cultural traditions. However, this paper argues that important differences exist between pre-modern, modern and post-modern traditions with regard to the form mobility takes. After a short discussion of the role information and communication technologies play in post-modern traditions, it is argued that these technologies transform our world, and not only our electronic files, into a global database and, as a consequence, generate …

Movement And Participation: Journeys Within Everyday Environments, Johanna Hällsten

Contemporary Aesthetics (Journal Archive)

Motion is an elementary part of our everyday life; it determines our perception and appropriation of environmental features. We are immersed in the world while on foot, grounding awareness of the three-dimensionality of the world and ourselves through movement. As a site-specific installation artist, movement is a crucial aspect of my practice in the sense that it makes the work occur. I argue that the installation comprises the experience of the participant through his or her interaction with the space and the intervention that has occurred through movement. The experience is one which unfolds and changes as the participant walks …

Are Supertasters Good Candidates For Being Human Ideal Critics?, Francis Raven

Contemporary Aesthetics (Journal Archive)

This paper asks whether supertasters possess the criteria for ideal critics that David Hume outlines in his essay "Of the Standard of Taste." This might seem like a straightforward question, but there is a paradox involving supertasters: They possess more tastebuds than normal tasters, making it reasonable to assume they fulfill the requirements for Humean ideal critics with respect to taste. However, because they have more tastebuds, supertasters find certain foods bitter that normal tasters do not and thus negatively evaluate them. This might indicate that supertasters actually make poor candidates for being Humean ideal critics with respect to taste. …

Avant-Garde Or Pré-Jugé?, Sinead Murphy

Contemporary Aesthetics (Journal Archive)

This paper receives its impetus from Gadamer's account of effective history (Wirkungsgeschichte) and his corresponding challenge to the 'problem of purity' that he locates in Kant's critique of aesthetic judgment and that derives from the attempt to establish universal founding principles for thought and action. This is a deep and wide-ranging issue, and so I focus on a very specific aspect of it: the division between intuition and understanding, between history as a given flux and enlightenment as a unifying synthesis, that motivates Kant's search for pure reflective grounds to reconcile them, and on the challenge posed to this division …

Immersive Contemplation In Video Art Environments, Tiffany Sutton

Contemporary Aesthetics (Journal Archive)

This essay examines a form of video art -- what is called a "video environment" -- that calls upon as much as it departs from familiar conventions that are bound up in museum display. I argue that the way that works in this genre are housed in museums enables them to give rise to a form of contemplation, one involving immersion, that is, if not unique to this genre, then certainly demonstrated by it. My examples of video environments make a case for the coherence of this rarely experienced immersive form of contemplation, the value of which, in turn, makes …

Carrying The Jade Tablet: A Consideration Of Confucian Artistry, Eric C. Mullis

Contemporary Aesthetics (Journal Archive)

In this paper I discuss the aesthetic dimension of ritual action. In order to demonstrate how the rites render action aesthetically expressive, I draw on the notion of an "art of context" and further detail the Confucian understanding of artistic practice as an essential component for moral cultivation. In turn, I use John Dewey's account of aesthetic form in order to support and further demonstrate the ability of the rituals and arts to organize action and to thereby render it aesthetically significant. However, Dewey's account entails that we question either conceptual or institutional limitations of aesthetic form as such limitations …

Production Theories And Artistic Value, David E.W. Fenner

Contemporary Aesthetics (Journal Archive)

In this paper, I want to argue that what I call "production theories" - theories that purport to account for the value of a work of art instrumentally and in terms of something experienced by audience members in attending to the work - are insufficient to account for artistic value. The production theories I will discuss include those of Monroe Beardsley, Nelson Goodman, Leo Tolstoy (for lack of a more current pure affective theory), and Alan Goldman (whose account may be seen as an amalgam of the first three). The first three of these theorists represent the most popular and …

'Man Has Always Danced': Forays Into The Origins Of An Art Largely Forgotten By Philosophers, Maxine Sheets-Johnstone

Contemporary Aesthetics (Journal Archive)

Philosophers have had comparatively little to say of the art of dance, a surprising fact given the range of people both inside and outside of dance who have claimed that 'man has always danced.' This essay attempts to substantiate this claim by an inquiry into the origins of dance, its focal attention being on the word always and any linkage to males deriving from that focal point of attention. It begins with evolutionary considerations in the form of courtship displays, behaviors finely and extensively described by Darwin, and goes on to consider displays by chimpanzees in particular. These considerations point …

Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez

Faculty Scholarship

In this Article, I present a Critial Race Feminism (CRF) empirical sexual harassment project I recently conducted as a case study of how empirical research can be valuable to the future of CRF. Part I introduces the sexual harassment study and discusses the empirical questions it sought to explore. Part II then presents the empirical research design and the general trends that the data provided. Part III analyzes the key findings of the study and how it contributes to an understanding of how the application of sexual harassment law implicates race. The statistical analysis of survey responses from a group …

Good Faith Business Judgment: A Theory Of Rhetoric In Corporate Law Jurisprudence, Sean J. Griffith

Faculty Scholarship

This Article develops a theory of rhetoric in corporate law jurisprudence. It begins by examining a recent innovation in Delaware case law: the emerging principle of “good faith.” Good faith is an old notion in law generally, but it offers to bring significant change to corporate law, including realignment of the business judgment rule and a shift in the traditional balance between the authority of boards and the accountability of boards to courts. This Article argues, however, that good faith functions as a rhetorical device rather than a substantive standard. That is, it operates as a speech act, a performance, …

Daedalean Tinkering, Sean J. Griffith

Faculty Scholarship

This Review describes David Skeel's account of corporate scandal and evaluates his policy recommendations in his recent book, Icarus in the Boardroom. It argues that although the book provides a compelling history of corporate scandal, its focus on federal responses to scandal--from the enactment of the Interstate Commerce Act to the Sarbanes-Oxley Act--misses an important part of the story. As corporate law scholars have long pointed out, corporations exist within a network of constraints, based in part on law and in part on markets, norms, and other non-legal sanctions. Because it omits any sustained discussion of the reaction of these …

On Collaboration, Organizations, And Conciliation In The General Theory Of Contract, Ethan J. Leib

Faculty Scholarship

Daniel Markovits's Contract and Collaboration is a thought-provoking and ground-breaking inquiry into the ethics of contract. It argues that the philosophical foundation of contract may be found in what Markovits calls the collaborative view: a principle of forming respectful communities of collaboration where contractors treat each other as ends in themselves and refrain from treating each other as mere instrumentalities. Markovits acknowledges that there are three prototypical forms of contracts: (1) person-to-person; (2) person-to-organization; and (3) organization-to-organization. He is refreshingly honest in arguing that his theory of contract only addresses Type (1) contracts. I wish to argue here that this …

Criminal Law In A Post-Freudian World, Deborah W. Denno

Faculty Scholarship

Freudian psychoanalytic theory has greatly influenced the modern definition of criminal culpability. Indeed, much of the language of key criminal statutes, cases, and psychiatric testimony is framed by psychoanalytic concepts. This impact is particularly evident in the Model Penal Code's mens rea provisions and defenses, which were developed in the 1950s and 1960s, a time of Freudian reign in the United States. For contemporary criminal law, however, this degree of psychoanalytic presence is troublesome. Freudian theory is difficult to apply to group conflicts and legal situations, and the theory emphasizes unconscious (rather than conscious) thoughts. The rising new science of …

Management Override Of Internal Controls : The Achilles' Heel Of Fraud Prevention : The Audit Committee And Oversight Of Financial Reporting, American Institute Of Certified Public Accountants. Antifraud Programs And Controls Task Force

Association Sections, Divisions, Boards, Teams

No abstract provided.

Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero

Scholarly Works

Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin

Scholarly Works

No abstract provided.

Frankl, Bettelheim, And The Camps, Amy Louise Adamczyk

Publications and Research

Immediately after the Holocaust a number of researchers wrote about and developed theories on how inmates' personalities changed because of time spent within Nazi concentration camps. The camps offered an unfortunate setting to understand socialization within total institutions. Some of the most important contributions to that literature have come from Victor Frankl and Bruno Bettelheim. They wrote about their experiences of imprisonment and presented markedly different accounts on what happened to prisoners' personalities. Although literature on the Holocaust is still prevalent, even as survivors have aged, less attention has been given to how the camps influenced inmates' personalities. Nevertheless, many …

Paper Versus Electronic Sources For Law Review Cite Checking: Should Paper Be The Gold Standard?, April Schwartz, Mary Rumsey

Scholarly Works

Despite law students' reliance on electronic sources for legal research, a survey confirmed that many journals make their staff members check authors' citations against paper sources. Rumsey and Schwartz argue that the advent of image-based document collections should change this practice, making life easier for law students and law school librarians.

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Scholarly Works

Many sophisticated and experienced litigators realize that mediation calls for a different approach, but they still muddle through the mediation sessions. They are learning on the job. Even though many attorneys prefer a problem-solving approach to negotiations, attorneys are still in the early stages of figuring out how to do it in mediations. Many attorneys went to law school before courses on dispute resolution were offered, and the dispute resolution courses that have emerged in law schools over the last twenty-five years have been largely limited to teaching students to be mediators, not advocates. Continuing legal education programs are only …

Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff

Animal Law Review

In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …