Digital Commons Network^™

Regulating Resort To Force: Form And Substance Of The Un Charter Regime, Matthew C. Waxman

Faculty Scholarship

Much of the international legal debate about regulating force and self-defence takes place on a substantive axis, focusing on the scope of force prohibitions and exceptions. This article instead focuses on their doctrinal form, or modes of argumentation and analysis through which facts are assessed in relation to legal directives, to illuminate how many of the assumptions about substantive policy goals and risks tend to be coupled with other assumptions about the way international law operates in this field. It shows that the flexible, adaptable standards favoured by some states, scholars, and other international actors and the fixed rules and …

Policing, Crime, And Legitimacy In New York And Los Angeles: The Social And Political Contexts Of Two Historic Crime Declines, Jeffrey Fagan, John Macdonald

Faculty Scholarship

This chapter tells the story of policing, crime, and the search for legitimacy over the past two decades in Los Angeles and New York City. Throughout this complex political, normative, and legal landscape, crime rates dropped dramatically in each city to levels not seen since the early 1960s. The chapter begins with a discussion of the evolution of policing in the two cities, assessing reciprocal and dynamic changes that reflected both the crises of crime epidemics and crises within the police. Next, it examines the role of litigation on the evolution of policing. Policing regimes in each city were challenged …

A Dialogical Approach To Trade And Environment, Elizabeth Trujillo

Faculty Scholarship

Traditionally, supporters of free trade and environmentalists have regarded each other as the obstacle to development, and both sides have very different views as to what constitutes development. This article considers the various dimensions to international trade governance in the context of the environment and draws from the dialogic theory in comparative constitutional law to frame trade governance regarding the environment in a new way. It uses a dialogical approach to highlight primarily three characteristics of the international trade regime that has fostered enhanced cross-fertilization of trade and environmental issues: (i) the adjudicatory capacity of the World Trade Organization (WTO) …

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Federal Arbitration Act Preemption, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

Faculty Scholarship

No abstract provided.

Psychotherapy As Constitutional Practice: A Detailed Interaction Analysis Of The Change Process In Psychotherapy, Cody L. Maddox

Electronic Theses and Dissertations

Psychotherapy is concerned with changing individuals: it is a practice devoted to the constitution of certain kinds of subjects. Although the various therapeutic schools have their own explanations of psychotherapeutic change, more empirical work needs to be dedicated to understanding how this process takes place. In this study, a fine grain research methodology is used to produce an account of the change process that occurred over the course of two psychotherapy sessions. The data consists of naturally occurring video recordings of a single therapist and client dyad. The goal of this research is to examine the relationship of mutual formation …

Freedom Of Contracts, Hanoch Dagan, Michael Heller

Faculty Scholarship

“Freedom of contracts” has two components: (1) the familiar freedom to bargain for terms within a contract and (2) the long-neglected freedom to choose from among contract types. Theories built on the first freedom have reached an impasse; attention to the second points toward a long-elusive goal, a liberal and general theory of contract law. This theory is liberal because it develops an appealing conception of contractual autonomy grounded in the actual diversity of contract types. It is general because it explains how contract values – utility, community, and autonomy – properly relate to each other across contract types. Finally, …

Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …

The Moral Significance Of Economic Life, Andrzej Rapaczynski

Faculty Scholarship

Much of the modern perception of the role of economic production in human life – whether on the Left or on the Right of the political spectrum – views it as an inferior, instrumental activity oriented toward self-preservation, self-interest, or profit, and thus as essentially distinct from the truly human action concerned with moral values, justice, and various forms of self-fulfillment. This widely shared worldview is rooted, on the one hand, in the Aristotelian tradition that sees labor as a badge of slavery, and freedom as lying in the domain of politics and pure (not technical) knowledge, and, on the …

On Normativity And Responsibility: Responses, Joseph Raz

Faculty Scholarship

Contains responses to comments by Chang, Hestein and Heuer on "From Normativity to Responsibility". The paper responds to various criticisms especially about methodology, the bearing of a secure area of competence on responsibility, the univocality of 'reasons', the relations of value and practical reasons, the scope of rational powers, the function of reasons to be rational, and most extensively about following reasons and the distinction between standard and non-standard reasons (where Heuer has pointed out some deficiencies in the discussion of the matter in the book).

Machine Speech, Tim Wu

Faculty Scholarship

Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend books. In the process, computers reason through automated algorithms and constantly send and receive information, sometimes in ways that mimic human expression. When can such communications, called here “algorithmic outputs,” claim First Amendment protection?

Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy

Faculty Scholarship

No abstract provided.

Religious Toleration And Claims Of Conscience, Kent Greenawalt

Faculty Scholarship

One aspect of the issue of toleration of religion is how far the government and others should recognize religious claims of conscience. Such claims will be present in any liberal democracy. The particular controversies on which attention is mainly focused shift, but certain underlying themes remain.

In this essay, I outline what I take to be the major issues about government recognition of religious claims of conscience. I then address the special problems created when a claim of conscience ends up competing with an opposing claim of conscience or with basic premises about fairness and justice. We can conceive of …

Asking The First Question: Reframing Bivens After Minneci, Alexander A. Reinert, Lumen N. Mulligan

Articles

In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Federal Narcotics Agents suit against employees of a privately run federal prison because state tort law provided an alternative remedy, thereby adding a federalism twist to what had been strictly a separation-of-powers debate. In this Article, we show why this new state-law focus is misguided. We first trace the Court’s prior alternative-remedies-to-Bivens holdings, illustrating that this history is one narrowly focused on separation of powers at the federal level. Minneci’s break with this tradition raises several concerns. On a …

Dividing Sovereignty In Tribal And Territorial Criminal Jurisdiction, Zachary S. Price

Faculty Scholarship

No abstract provided.

Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian E. Gray

Faculty Scholarship

No abstract provided.

Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner

Faculty Scholarship

No abstract provided.

Lindsay's Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

Fundamentals Of Speech, Steelman Library, David Yates

Syllabus Repository

No abstract provided.

Hydropower: It's A Small World After All, Gina S. Warren

Faculty Scholarship

Global warming is here. As exhibited by the recent droughts, heat waves, severe storms, and floods, climate change is no longer a question for the future, but a reality for the present. Of the many ways to help combat climate change, this Article discusses the use of the most abundant renewable energy source on the plant-water. While it is unlikely that large, conventional hydropower will see any significant development in the near future, technologies have advanced so as to allow for the generation of a substantial amount of electricity from small hydropower facilities, including conduit and hydrokinetic projects. These technologies …

The Land Of My Memories: The Life And Work Of Philister Baya Lawiri Of South Sudan, Sally Kantar

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, and a question-and-answer transcript of select interviews during her time at the Joan B. Kroc Institute for Peace and Justice.

Currently the chairperson of South Sudan’s Civil Service Commission, Philister Baya Lawiri was first a war child. At …

Crafty Entanglements: Knitting And Hard Distinctions In Aesthetics And Political Theory, Kate M. Daley

Contemporary Aesthetics (Journal Archive)

Many theoretical writings on aesthetics and politics rely on hard distinctions between what is and is not art, and what is and is not political. In this article, I draw on the work of theorists, knitters, and fiber artists to argue that hand knitting provides a lens through which to unsettle some of these distinctions. I illustrate some of the ways in which aesthetic theory relies on hard distinctions between art and not-art and politics and not-politics, with particular focus on the work of Kant, Hegel, Heidegger, and Rancière. I explain how knitting is often seen as falling clearly outside …

Fate Work: A Conversation, Valentina Desideri, Stefano Harney

Research Collection Lee Kong Chian School Of Business

The article focuses on a conversation between dancer Valentina Desideri and professor Stefano Harney during the Spring Seminars of the Performance Art Forum (PAF) in Saint Erme, France. Harney suggests that fate work may be considered as a potential practice on the way work determines one's life. Desideri says that one can shape and construct his future through work under capitalism.

Nonsense And The Freedom Of Speech: What Meaning Means For The First Amendment, Joseph Blocher

Faculty Scholarship

A great deal of everyday expression is, strictly speaking, nonsense. But courts and scholars have done little to consider whether or why such meaningless speech, like nonrepresentational art, falls within “the freedom of speech.” If, as many suggest, meaning is what separates speech from sound and expression from conduct, then the constitutional case for nonsense is complicated. And because nonsense is so common, the case is also important — artists like Lewis Carroll and Jackson Pollock are not the only putative “speakers” who should be concerned about the outcome.

This Article is the first to explore thoroughly the relationship between …

Using The Public Trust Doctrine To Achieve Ocean Stewardship, Mary Turnipseed, Michael C. Blumm, Duncan E.J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin, Larry B. Crowder

Faculty Scholarship

No abstract provided.

Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin

Faculty Scholarship

No abstract provided.

Earthbound: Celebrating The Natural World Enjoying Good Food And Company, Virginia Russell

College of Graduate Studies: Theses & Dissertations

Earthbound is a body of utilitarian work created as a tribute to regional plants and animals, to beloved family members, to revered masters of ceramic art, and to the enjoyment of good food and conversation.

Earthbound explores the role of flora and fauna found throughout Southeast Georgia. These handmade functional objects celebrate aspects of nature I encounter on a daily basis. Each place setting is crafted to enhance the pleasure of eating and drinking while fostering a connection to the natural world.

I have long held an interest in the human connection to nature, which was fostered by both my …

The Nagoya Protocol And Synthetic Biology Research: A Look At The Potential Impacts, Margo A. Bagley, Arti K. Rai

Faculty Scholarship

This report, prepared for the Synthetic Biology Project at the Woodrow Wilson International Center for Scholars, analyzes the 2010 Nagoya Protocol to the Convention on Biological Diversity and how it may affect U.S. researchers working in the field of synthetic biology. The objective of the Protocol is to provide a transparent framework for the acquisition and sharing of genetic resources on fair and equitable terms that facilitate the conservation of biological diversity and associated traditional knowledge. The report finds significant uncertainty surrounding the temporal scope of the Agreement as well as the types of genetic material that will be covered …

Weathering Extremes: Climate, Colonialism, And Indigenous Resistance In The Dutch Atlantic, Nicholas Cunigan

University Faculty Publications and Creative Works

Weathering Extremes demonstrates how seventeenth-century climate changes mingled with cultural, social, economic, agro-ecological, and geopolitical forces to catalyze three simultaneous, though geographically disparate, indigenous resistance movements between 1636 and 1645. In Brazil, Curaçao, and the Hudson Valley, indigenous peoples deployed violent and non-violent means of resistance to confront the Dutch West India Company. This broadly interdisciplinary project utilizes natural proxy sources such as pollen samples, ice cores, and tree rings in conjunction with ethnohistorical and Dutch archival sources to reconstruct how early seventeenth-century extreme weather events catalyzed these movements. El Niño-Southern Oscillation (ENSO) events, volcanic eruptions, and reduced sunspot activity …