Digital Commons Network^™

What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell

Publications

Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not abstracted …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

Racial Cartels, Daria Roithmayr

Publications

This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups-homeowners' associations, school districts, trade unions, real estate boards and political parties who gained significant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values that depended not …

Coercing Voluntariness, Wadie E. Said

Publications

No abstract provided.

The Terrorist Informant, Wadie E. Said

Publications

A man sets himself on fire in front of the White House in a dispute with the Federal Bureau of Investigation (FBI). He has been working as an informant for the FBI in a high-profile terrorism prosecution and is unhappy with the $100,000 he has been paid so far. He has also been recently convicted of bank fraud. As a result, the government declines to call him as a witness, given the damage his actions have on his credibility and trustworthiness. This incident underscores the difficulty inherent in relying on paid informants to drive a prosecution, where material considerations such …

A Look At Human Trafficking With Professor Kathleen C. Kim, Karen Skinner

Publications

No abstract provided.

Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong

Faculty Publications

No abstract provided.

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.

Why Care About Caregivers? Using Communitarian Theory To Justify Protection Of "Real" Workers, Nicole Buonocore Porter

Faculty Publications

What is the caregiver conundrum? Simply put, it is the difficulty caregivers face when trying to balance their caregiving responsibilities with their work responsibilities. Caregivers face conflicts both at home and at work when work responsibilities clash with responsibilities at home. In many cases, these conflicts create serious hardships on the caregivers and their loved ones.

Finding a solution to this pressing problem is puzzling because courts and scholars disagree on the scope of the problem. Thus far, courts only protect employees who experience caregiver discrimination because the employer incorrectly assumes the employee will not meet the workplace requirements. In …

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Faculty Publications

No abstract provided.

Property As/And Constitutional Settlement, Timothy Zick

Faculty Publications

No abstract provided.

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

Faculty Publications

No abstract provided.

Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick

Faculty Publications

No abstract provided.

The Grammar Of Trademarks, Laura A. Heymann

Faculty Publications

How do people talk when they talk about trademarks? If trademarks have
become, as linguist Geoffrey Nunberg suggests, our “new global tongue,”
perhaps we should pay greater attention to the grammar we use when we
talk about them. We use “Coke” to refer to the Coca-Cola beverage in the
North, and “coke” to refer to any kind of soda in the South, yet we still
manage to get the drinks we desire. We use trademarks as verbs—we
“xerox” a document or “tivo” a television program—without losing sight
of the fact that “Xerox” and “TiVo” are brands of particular products.
We …

Nationwide Personal Jurisdiction For Our Federal Courts, A. Benjamin Spencer

Faculty Publications

Rule 4 of the Federal Rules of Civil Procedure limits the territorial jurisdiction of federal district courts to that of the courts of their host states.T his limitation is a voluntary rather than obligatory restriction, given district courts' status as courts of the national sovereign. Although there are sound policy reasons for limiting the jurisdictional reach of our federal courts in this manner, the limitation delivers little benefit from a judicial administration or even a fairness perspective, and ultimately costs more to implement than is gained in return. The rule should be amended to provide that district courts have personal …

The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel

Faculty Publications

No abstract provided.

Executive Compensation And Tax Neutrality: Taxing The Investment Component Of Deferred Compensation, Eric D. Chason

Faculty Publications

No abstract provided.

Error Correction, Chad M. Oldfather

Faculty Publications

Under most accounts of appellate review, error correction stands with law declaration as the core purposes of the process. Yet while a vast amount of scholarship addresses the process of judicial law creation, error correction has received comparatively little attention. Indeed, there appears to be a consensus that it is straightforward and settled, and that the lack of attention is warranted.

One goal of this article is to challenge this understanding. To be sure, the architecture of our judiciary reflects a worldview in which legal questions have correct answers and courts' role is simply to find them. On that understanding …

Can An Arbitrator Be Given The Authority To Decide Whether An Agreement To Arbitrate Is Enforceable?, Jay E. Grenig

Faculty Publications

No abstract provided.

Moving Beyond The Clamor For "Hedge Fund Regulation": A Reconsideration Of "Client" Under The Investment Advisers Act Of 1940, Anita K. Krug

Articles

This Article argues that, from both theoretical and pragmatic perspectives, a better approach would be for law to regard private fund investors as clients of the managers of those funds for all purposes under the investment advisory regulatory regime. In making these arguments, it dissects the doctrinal and historical underpinnings and sources of the current doctrine--legislative history and case law, in particular, but also SEC interpretations and rule changes. In light of the policy considerations-- including investor protection--that gave rise to the Advisers Act, the growth of the investment advisory industry and private funds' role in it, and lessons learned …

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Regulating Charities In The Twenty-First Century: An Institutional Choice Analysis, Lloyd Hitoshi Mayer, Brendan M. Wilson

Journal Articles

For more than fifty years scholars, practitioners, and government officials have debated whether the federal government, the state governments, or the charitable sector itself can best ensure that charity leaders fulfill their fiduciary duties. The dramatic growth of this sector, recent highly publicized governance scandals, and a push in Congress and the IRS for more federal involvement in this area have now brought this issue to a head. This article lays a foundation for resolving the dispute by developing an institutional choice framework for considering and comparing the various available options. Applying that framework, the article concludes that the best …

Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor

Journal Articles

In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.

Disclosures About Disclosure, Lloyd Hitoshi Mayer

Journal Articles

An often overlooked aspect of the Supreme Court’s recent decision in Citizens United v. FEC is the sharply contrasting factual accounts regarding disclosure of independent election-related spending. For eight of the Justices, such disclosure is constitutionally defensible because it enables voters to make informed decisions. For Justice Thomas, however, such disclosure is constitutionally suspect because of its potential to result in retaliation and related chilling of First Amendment speech in the form of financial contributions. The continuing importance of these contrasting narratives can be found not only in the pending Supreme Court case of Doe v. Reed, in which the …

Hauerwas And The Redemption Of Bioethics, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Valuing Water With Gratitude And Restraint: A Catholic Theological Imperative, Jame Schaefer

Theology Faculty Research and Publications

An overview of some patristic and medieval theological teachings on water and other goods of creation provides key perspectives on our valuing and our use of them.

Lynn University Scholar 2010, Lynn University

Honors Journals

Lynn University Scholar: The International Journal of the Honors Program

Strengthening The Culture Of Assessment Through Faculty Development And Shared Governance, Philip I. Kramer, Rita Knuesel

Office of Academic Review and Curricular Advancement Staff Publications

This 75-minute interactive workshop engages participants in a case study of two colleges and their efforts to expand and strengthen faculty assessment activities. A grant from the Teagle Foundation and on-campus conversations between faculty members and the administration have lead to dramatic improvements in the policies, procedures, and practices of assessment.

Echo, Winter/Spring 2010, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: No plan B: day jobs vs. day dreams; Un-restaurants: now you see 'em, now you don't; Paranormal police: to serve and detect; Designers on the edge: three haute shots. 72 pages.

Following The Private Path: Can We Figure This Out?, Gustavo Gregorutti

Journal of Comparative & International Higher Education

No abstract provided.