Digital Commons Network^™

Murrow And Friendly’S Small World: Television Conversation At The Crossroads, Kathleen Collins

Publications and Research

Small World

(1958–60), an Edward R. Murrow and Fred W. Friendly television production, brought together political and entertainment figures from around the world, boasting technological innovation and a high level of public affairs discourse. The author discusses critical reception, producers’ ideals, cultural and historical context, and relation-ships to evolving notions of public service broadcasting.

Leveraging Learning To Improve Disaster Management Outcomes, Denise D. P. Thompson

Publications and Research

Disaster management agencies should be exemplars of learning given the volatility of their operating environment. However, there are cognitive, social, and organizational barriers that prevent these organizations from learning. The purpose of this article is to use the Caribbean Disaster and Emergency Management Agency (CDEMA) as an example of an organization that achieves double-loop learning in spite of known barriers. This research shows significant learning variations in the CDEMA organization from the regional to the national level. The results demonstrate that the CDEMA Coordinating Unit and a few national member agencies achieve double-loop learning, while the opposite is true for …

The Community Prosecutor: Questions Of Professional Discretion, Bruce A. Green, Alafair S. Burke

Faculty Scholarship

No abstract provided.

The Micro And Macro Causes Of Prison Growth, John F. Pfaff

Faculty Scholarship

No abstract provided.

The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin

Faculty Publications

The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …

National Healthcare And American Constitutional Culture, William P. Marshall

Faculty Publications

No abstract provided.

Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii

Faculty Publications

No abstract provided.

State Debts & Federal Jurisdiction, John V. Orth

Faculty Publications

No abstract provided.

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

Faculty Publications

No abstract provided.

Changing The Conversation In Education Law: Political Geography And Virtual Schooling Book Review Essay, Aaron J. Saiger

Faculty Scholarship

In Five Miles Away, A World Apart, James E. Ryan concludes that the educational reforms of the hour, school accountability and school choice, will exacerbate rather than undermine the systematic educational advantages enjoyed by wealthier Americans. Paul Peterson, in his Saving Schools, argues that increasingly centralizing American schools have become sufficiently centralized that, as a labor-intensive industry, few productivity gains are available from governance reform, even as demand escalates for the customization of education to individual needs. Both volumes therefore pin their hopes for change upon political geography-the relationship between people and educational institutions in space. Ryan argues that changing …

Understanding The Exceptional And Dynamic Nature Of Boumediene Rights To Court Access, Andrew Kent

Faculty Scholarship

This short piece replies to Professor Steve Vladeck's comments on my essay 'Do Boumediene Rights Expire?' 161 U. Pa. L. Rev. Pennumbra 20 (2012), available at http://ssrn.com/abstract=2166103. In this reply, I further develop the argument that Boumediene rights to court access may have expired for those Guantanamo detainees determined through habeas litigation to be enemy fighters; and whether these judicially-confirmed enemy fighters have continuing rights court access under Boumediene goes to the federal courts' subject matter jurisdiction, meaning that the Obama administration's concession of continued court access is inoperative and federal courts must sua sponte raise and decide the issue.

Habeas Corpus, Protection, And Extraterritorial Constitutional Rights, Andrew Kent

Faculty Scholarship

This short essay is an exchange with Professor Steve Vladeck's about my Article entitled: Boumediene, Munaf, and the Supreme Court’s Misreading of the Insular Cases, 97 Iowa Law Review 101 (2011). My Article showed that the Supreme Court’s landmark ruling in Boumediene v. Bush relied on a demonstrably incorrect understanding of key precedents known as the Insular Cases, which arose from actions of the United States military and the new civil governments of the islands acquired by the United States at the turn of the twentieth century — Puerto Rico, the Philippines, Hawaii, and for a time Cuba. This reply …

Accountability And The Bureau Of Consumer Financial Protection, Susan Block-Lieb

Faculty Scholarship

Some industry and political actors oppose the Consumer Financial Protection Bureau (CFPB) on the grounds that its institutional design ensures its lack of accountability. Specifically, opponents point to the CFPB’s regulatory and financial independence and to the fact that a single director heads the Bureau rather than a bipartisan panel of commissioners. But to focus on the Bureau’s financial independence and single director misses the distinctive political deal struck when Congress created the CFPB. The CFPB has been uniquely and intentionally structured to insulate it not only from interest group influence and executive interference, but also from congressional control, while …

Prosecutors And Professional Regulation, Bruce A. Green

Faculty Scholarship

Prosecutors often express mistrust of professional regulators, their rules and their processes. This may have been more understandable twenty years ago, when prosecutors perceived that the organized bar had been captured by defense lawyers seeking to use professional regulation as a means of imposing limits on criminal investigative authority that the law did not otherwise recognize. Although that criticism no longer has much basis in reality, it has persisted in the rhetoric prosecutors employ in advocacy regarding their professional conduct. This article explores prosecutors’ public attitude toward professional regulation, beginning with a brief account of their responses two decades ago, …

Must Licenses Be Contracts? Consent And Notice In Intellectual Property, Mark R. Patterson

Faculty Scholarship

Intellectual property owners often seek to provide access to their patented or copyrighted works while at the same time imposing restrictions on that access. One example of this approach is “field-of-use” licensing in patent law, which permits licensees to use the patented invention but only in certain ways. Another is open-source licensing in copyright law, where copyright owners typically require licensees that incorporate open-source software in other products to license those other products on an open-source basis as well. Surprisingly, though, the legal requirements for granting restricted access are unclear. The source of the lack of clarity is the ill-defined …

Broadband Localism, Olivier Sylvain

Faculty Scholarship

Today, local governments are supplying broadband service to residents to fill the service gap left by major providers. Municipalities are joining forces with local anchor institutions and private providers to close the digital divide and incubate novel public-minded service models. This is the new broadband localism. Some stakeholders fear that local public participation in the broadband market will negatively impact competition. They have articulated this concern in state legislation across the country: nineteen states forbid or otherwise restrict municipal ownership or administration of broadband and three may enact similar restrictions this year. No matter the substantive policy merits of such …

Sports In America, John D. Feerick

Faculty Scholarship

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …

Making Good Lawyers, Eli Wald, Russell G. Pearce

Faculty Scholarship

Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …

The Statutory Ucc: Interpretative License And Duty Under Article 2, Nicholas J. Johnson

Faculty Scholarship

No abstract provided.

Palsgraf, Punitive Damages, And Preemption, Benjamin C. Zipursky

Faculty Scholarship

This Article utilizes civil recourse theory along with a pragmatic conceptualist methodology to solve three problems in tort law: one on Palsgraf v. Long Island Railroad Co., one on punitive damages (as seen in the Supreme Court’s struggles with Philip Morris v. Williams), and one on federal preemption (as seen in the Supreme Court’s 4-4 deadlock in Warner-Lambert Company v. Kent). Confusion has been generated by a failure to recognize that -- despite the many aspects of tort law that render it importantly public -- there is something distinctively private about the common law of torts. When one firmly rejects …

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Faculty Scholarship

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …

Fragments In Libeskind And Wittgenstein, Rossen Ventzislavov

Contemporary Aesthetics (Journal Archive)

My paper explores the similar role that fragments play in Wittgenstein’s later philosophy and in Libeskind’s architecture. The fragment is an infraction of traditional linear approaches to architecture and philosophy and thus affords an alternative critical glimpse into the fabric of each respective field. The fact that some philosophy and architecture use this device and its critical stance bodes well not only for the futures of the two disciplines but also for the embattled connection between them. In my paper I try to show that the break with linearity Wittgenstein and Libeskind engage in effectively replaces the ivory towers of …

The Problem Of Cinematic Imagination, Rafe Mcgregor

Contemporary Aesthetics (Journal Archive)

The purpose of this paper is two-fold: to identify the problem of cinematic imagination, and then to propose a satisfactory solution. In part one I analyze the respective claims of Dominic McIver Lopes and Roger Scruton, both of whom question the scope of imagination in film, when compared to other art forms, on the basis of its perceptual character. In order to address these concerns I develop a hybrid of Gregory Currie’s model of cinematic imagination and Kendall Walton’s theory of make-believe in section two. Section three offers a reply to Lopes and Scruton, examining the problem in terms of …

Risky Businesses: A Micro-Level Spatiotemporal Analysis Of Crime, Place, & Business Establishment Type, Christopher R. Herrmann

Dissertations, Theses, and Capstone Projects

Continuing advances in the fields of environmental criminology and geographical information sciences are facilitating place-based research. One of the current trends in environmental criminology is the focus on micro-level `places' including street segments, property lots, and specific kinds of buildings and facilities in understanding crime patterns and the opportunity structure that permits crime. Despite important findings on the concentration of crime in urban areas, there continues to be substantial gaps in our knowledge about micro-level spatiotemporal patterns of crime. These gaps in micro-level environmental criminology research have primarily been a result of the lack of access to data, availability of …

Lumpy Property, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Preserving Political Speech From Ourselves And Others, Aziz Huq

Public Law and Legal Theory Working Papers

This Essay is a case study of how and why strict scrutiny varies between cases decided within a particular doctrinal category (political speech) by a given court (the Roberts Court). Two lines of Roberts Court jurisprudence implicate political speech: federal campaign finance cases and a challenge to the federal statute criminalizing “material support” to designated foreign terrorist organizations. My aim here is to examine the common doctrinal matrix of First Amendment strict scrutiny used in those cases to explore how divergent results emerge from a unified analytic framework. A secondary goal is to illustrate how post-9/11 national security concerns find …

Rethinking The Costs Of International Delegations, Daniel Abebe

Public Law and Legal Theory Working Papers

A prominent criticism of U.S. delegations to international institutions – or international delegations – focuses on agency costs. The criticism begins by drawing a stark contrast between international delegations and domestic delegations. For domestic delegations to agencies, U.S. congressional, executive and judicial oversight mechanisms are present to try and maintain the agency’s democratic accountability. Since the agency is democratically accountable, the agency costs are low. For international delegations of binding authority to international institutions, however, the conventional wisdom is that oversight mechanisms are absent and the U.S. cannot monitor the international institution to ensure it acts within its delegated authority. …

The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe

Public Law and Legal Theory Working Papers

A recurring debate in foreign affairs law focuses on the appropriate level of congressional and judicial deference to the President. In answering that question, most scholars focus on the Constitution, Supreme Court precedent, and historical practice for guidance, or evaluate the expertise and strategic incentives of Congress, the President, and the courts. For them, the inquiry exclusively centers on domestic, internal constraints on the President. But this analysis is incomplete. Determination of the appropriate level of deference has consequences for how the President can pursue American interests abroad. If the U.S. wants to be successful in achieving its foreign policy …

Eavesdropping On The Vox Populi, Alison Lacroix

Public Law and Legal Theory Working Papers

No abstract provided.

Enforcing (But Not Defending) 'Unconstitutional' Laws, Aziz Huq

Public Law and Legal Theory Working Papers

When should the executive decline to defend in court a federal law it has determined to be unconstitutional, yet still enforce that same statute against third parties? The question is prompted by the Obama administration’s decision to enforce, but not defend in federal court, Section 3 of the Defense of Marriage Act (“DOMA”). But the DOMA Section 3 decision is not the first time the executive has bifurcated the enforcement of a statute from its defense before the bench. The practice of enforcement-litigation gaps dates back at least to World War II. Commentators tend to judge the practice by focusing …