Digital Commons Network^™

Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum

Faculty Publications

(Excerpt)

Thanks to Janet Halley and Jeannie Suk for organizing this amazing workshop. Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire.

My own work looks at how the state regulates gender in the "public" sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of …

New York's Post-Verdict Scheme For The Treatment Of Insanity Acquittees: Balancing Public Safety With Rights Of The Mentally Ill, Larry Cunningham

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, I will explore both the statutory workings of the insanity review system in New York and examine ways in which CPL § 330.20 can be improved. In Part I, I will provide a detailed account of how a typical insanity review moves through the system. In Part II, I will explore the ways in which CPL § 330.20, as currently written, protects both the public and individual rights. In Part III, I will propose modest reforms to improve the law.

Sense And Sentencing: Our Imprisonment Epidemic, Michael A. Simons

Journal of Civil Rights and Economic Development

(Excerpt)

Over the past thirty years, the most important sentencing development has not been the legislative adoption of mandatory guidelines, or the judicial creation of advisory guidelines, or the adoption of a wide variety of guidelines systems in the states, or the widespread elimination of parole, or the abandonment of rehabilitation as a sentencing goal. No, the most important sentencing development has been our rejection of the principal of parsimony: the notion that a sentence should be as long as - but no longer than - necessary to accomplish the goals of punishment. Instead, we have replaced parsimony with severity, …

Bankruptcy Reform And Economic Recovery, G. Ray Warner

Journal of Civil Rights and Economic Development

(Excerpt)

In 2005, following years of intensive lobbying by the consumer credit industry, the focus of the consumer bankruptcy law was changed from the liberal debtor-focused "fresh start" approach embodied in the 1978 Bankruptcy Code to a creditor-focused "can pay/must pay" approach. Although the shift to a can pay/must pay system started years earlier to address perceived abuses, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") completed that shift by engrafting onto the bankruptcy law a fairly strict and largely objective test for determining a debtor's ability to repay debt and by setting forth channeling rules designed …

Laïcité In France - Contemporary Issues Panel Discussion, Nathalie Caron, Blandine Chelini- Pont, Rosemary C. Salomone, Emmanuel Tawil

Journal of Catholic Legal Studies

No abstract provided.

Near Impossible To Enforce At Best, Unconstitutional At Worst: The Consequences Of Maryland’S Text Messaging Ban On Drivers, Alan Lazerow

Richmond Journal of Law & Technology

A local newspaper reports that your state recently passed a law prohibiting citizens from “writ[ing] or send[ing] a text message while operating a motor vehicle.” Armed with the knowledge of the texting ban, you, being a reasonable citizen, are likely to proceed in one of at least three ways, each of which exposes the statute’s fundamental flaws.

Analysis Of Models For Longitudinal And Clustered Binary Data, Weiming Yang

Mathematics & Statistics Theses & Dissertations

This dissertation deals with modeling and statistical analysis of longitudinal and clustered binary data. Such data consists of observations on a dichotomous response variable generated from multiple time or cluster points, that exhibit either decaying correlation or equi-correlated dependence. The current literature addresses modeling the dependence using an appropriate correlation structure, but ignores the feasible bounds on the correlation parameter imposed by the marginal means.

The first part of this dissertation deals with two multivariate probability models, the first order Markov chain model and the multivariate probit model, that adhere to the feasible bounds on the correlation. For both the …

Liberty And The Normative Force Of The Law In Montesquieu's The Spirit Of The Laws, Cory Wimberly

Philosophy Faculty Publications

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a …

Livelihoods And Family Formation Among Eritrean Refugees In Cairo, Erin A. Ajygin

Theses and Dissertations

This thesis uses data gathered from a survey conducted in November and December of 2009 to provide an overview of the demographic profile and livelihoods strategies of a sample of Eritrean refugees in Cairo. Study results revealed that the Eritreans surveyed were predominantly single, childless and living in Cairo without family. While much of the existing literature on refugee livelihoods has focused on refugees living in camp settings and/or on refugees’ roles as spouses and parents, this study examined the strategies engaged by a group of single, urban refugees. Using a livelihoods framework comprised of capabilities, assets and activities, survey …

Xenophobia: The Consequences Of Being A Zimbabwean In South Africa, Philip Edward Culbertson

Theses and Dissertations

This paper seeks to explain and describe the xenophobia and xenophobic attacks of Zimbabwean refugees and migrants in South Africa. The political and social instability in Zimbabwe has led to mass exodus of Zimbabweans in search of stability and a means to survive. Many of these Zimbabweans have sought opportunity and refuge in South Africa only to be met with hurdles that metastasized into xenophobia. Research was done on the target population of Zimbabweans in Central Methodist Church in Johannesburg, along with interviews conducted through Medicines Sans Frontiers, and active players in the civil society in Cape Town.

The Next Great Generation Of American Indian Law Judges, Kevin Washburn

Faculty Scholarship

This short essay, which was the keynote address at a conference of the same title in 2010, argues that the best predictors of good Indian law judging are education, familiarity and experience. People who have been raised believing that there are only two orders of government in the United States are often surprised when they encounter the legal existence of Indian tribes. Most judges become more comfortable with notions of tribal sovereignty after prolonged exposure to cases discussing those principles. Thus, educating all Americans about Indian tribes in primary and secondary education would produce better policy-makers in general and better …

First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu

Faculty Scholarship

This Article is concerned with shedding light on Iqbal. It will argue that this relatively obscure legal opinion may be one of the most infamous and harmful to American jurisprudence and individual rights of this generation. In particular, it will argue that (1) the Iqbal Court misapplied the traditional pleading standards that govern motions to dismiss for failure to state a claim in finding Iqbal’s particular complaint deficient and, in doing so, functionally and needlessly heightened those standards;19 and (2) the Court erred in finding unremarkable Iqbal’s allegations that the government engaged in blanket racial profiling of Muslims and Arabs …

Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max J. Minzner

Faculty Scholarship

Judgments do not bind nonparties. This core due process constraint on issue preclusion means that courts can only adjudicate questions of fact and law with respect to those individuals appearing in court. However, the operation of stare decisis routinely extinguishes the rights of nonparties without notice or an opportunity to be heard. This Article examines the due process challenge to the operation of precedent. The traditional justifications for applying a due process analysis only to preclusion and not to precedent are inadequate. Instead of excepting stare decisis from the operation of procedural due process, we should see it as meeting …

Action Research In Practice: Issues And Challenges In A Financial Services Case Study, Peter Marshall, Phyl Wilson, Kristy De Salas, Judy Mckay

The Qualitative Report

In this paper we give a direct and personal account of the issues and challenges that occurred in an action research study. The research team consisted of five researchers from two Australian universities. The action research case was carried out in a small financial services company and concerned the development of an information systems strategy. However, the focus of the paper is not on information systems, but on the general methodological issues and problems of action research. The authors hope that readers will benefit from the direct and transparent account of the practical methodological problems encountered in the study.

Gene E. Franchini: Reflections On A Man Of Justice, Richard C. Bosson

New Mexico Law Review

No abstract provided.

Ipso Facto: The Pattern Of Assumable Contracts In Bankruptcy, Andrea Coles-Bjerre

New Mexico Law Review

No abstract provided.

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

New Mexico Law Review

No abstract provided.

Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall

Natural Resources Journal

No abstract provided.

National Park System: Visions For Tomorrow, The, Robert B. Keiter

Natural Resources Journal

No abstract provided.

Are We There Yet - Weary Travelers On The Long Road To Water Policy Reform, Janet Neuman

Natural Resources Journal

No abstract provided.

You Can't Negotiate With A Beetle: Environmental Law For A New Ecological Age, Mary Christina Wood

Natural Resources Journal

No abstract provided.

Has The Sun Set On Solar Rights - Examining The Practicality Of The Solar Rights Act, Scott F. Stromberg

Natural Resources Journal

No abstract provided.

Defining The Public Interest: Administrative Narrowing And Broadening Of The Public Interest In Response To The Statutory Silence Of Water Codes, Amber L. Weeks

Natural Resources Journal

No abstract provided.

The Energy-Water Nexus: Socioeconomic Considerations And Suggested Legal Reforms In The Southwest, H. David Gold, Jason Bass

Natural Resources Journal

No abstract provided.

Doctrinal Uncertainty In The Law Of Federal Reserved Water Rights: The Potential Impact On Renewable Energy Development, Debbie Leonard

Natural Resources Journal

No abstract provided.

Volume 50 Index, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Personnel File Of Fr. Robert Smith, Catholic Church. Archdiocese Of Santa Fe (N.M.)

Personnel Files

No abstract provided.

Arizona's Notice Of Claim Statute: Guidance On Clearing This Procedural Hurdle And Suggestions For Its Improvement, Dawinder S. Sidhu

Faculty Scholarship

The Arizona Constitution empowers the legislature to establish rules for how and under what circumstances the State may be sued. Pursuant to this constitutional authority, the Arizona State Legislature enacted Arizona Revised Statutes Section 12-821.01, which requires those with claims against an Arizona public entity or employee to file notice of the claims prior to the initiation of legal action. This procedural prerequisite to initiate a suit may be prudent as a matter of public policy. In practice, however, the state courts have been unable to issue reliable decisions with respect to the statute’s requirements. The state courts’ evolving understanding …

The Future Of The United States Commission On Civil Rights, Dawinder S. Sidhu

Faculty Scholarship

In The Future of the U.S. Commission on Civil Rights, Professors Lisa Crooms and Dawinder Sidhu discuss the potential for expanding the mandate of the Commission. Professor Crooms opens by noting that suggestions to expand the Commission’s mandate to include human rights have been around for decades, and argues that such ideas are still worth adopting. She comments that the Commission would have to engage in extensive fact-finding in order to justify such an expansion. Professor Crooms raises further concerns over manipulation of the appointment process for commissioners, but that such manipulation has not necessarily jeopardized the Commission’s role. Indeed, …

Self-Determination And Indigenous Nations In The United States: International Human Right, Federal Policy And Indigenous Nationhood, Christine Zuni Cruz

Faculty Book Display Case

This paper, presented at the 2003 Native Title Conference in Alice Springs, Northern Territory, Australia in Lhere Artepe Country, considers self-determination from an internal indigenous perspective. This perspective looks to Indigenous legal tradition to set forth an idea of self-determination that has its foundation in Indigenous notions of origin and existence. The paper explores autochthonic legal tradition, or Indigenous legal tradition, and situates the principle of self-determination within the Indigenous legal tradition. While self-determination for Indigenous Peoples is recognized by the United Nations and the United States, Indigenous Peoples origin stories, a part of their Indigenous legal tradition, provides the …