Digital Commons Network^™

Stage As Street: Representation At The Juncture Of The Arts And Justice, E. Gabriel Dattatreyan, Daniel L. Stageman

Publications and Research

Arts educators working with court-involved youth face a set of complex and imbricated challenges. First, how do we gain the interest of the young people we would have participate in what we imagine are col-laborative and mutually generative projects? Second, how do we mediate representational tensions when the project is not solely therapeutic but has a broader public pedagogical purpose—to disrupt the simplistic and pathologizing discourses of poverty and violence that so often capture young men and women of color in the United States? (Bourgois, 2002; Noguera, 2008). Third, and not least, how do we navigate the institutional settings where …

Alchemy And Inquiry: Reflections On An Inside-Out Research Roundtable, Sarah Allred, Angela Bryant, Simone Weil Davis, Kurt Fowler, Phil Goodman, Jim Nolan, Lori Pompa, Barbara Sherr Roswell, Daniel L. Stageman

Publications and Research

In 2008, The Inside-Out Prison Exchange Program convened a Research Committee to (1) facilitate a collective, critical, and professional consciousness about social justice, crime, and incarceration through the exploration of the Inside-Out program pedagogy, impact, and effectiveness; (2) develop and encourage proposals for various types of research that focus on The Inside-Out Prison Exchange Program; and (3) establish ethical guidelines for inquiry that would meet and exceed the federal human subjects guidelines in research practices. In fall 2012, Research Committee members Sarah Allred, Angela Bryant, Phil Goodman, Kurt Fowler, Jim Nolan, Lori Pompa, and Dan Stageman joined with Simone Davis …

Spring Into Step: A Staff-Driven Mobility Protocol, Tracy Gemberling Ba, Rn, Cmsrn, Amy Keesler Rn, Christine R. Yatsko Msn, Rn, Cmsrn

Patient Care Services / Nursing

No abstract provided.

Risk-Shifting Through Issuer Liability And Corporate Monitoring, Martin Gelter

Faculty Scholarship

This article explores how issuer liability re-allocates fraud risk and how risk allocation may reduce the incidence of fraud. In the US, the apparent absence of individual liability of officeholders and insufficient monitoring by insurers under-mine the potential deterrent effect of securities litigation. The underlying reasons why both mechanisms remain ineffective are collective action problems under the prevailing dispersed ownership structure, which eliminates the incentives to moni-tor set by issuer liability. This article suggests that issuer liability could potentially have a stronger deterrent effect when it shifts risk to individuals or entities holding a larger financial stake. Thus, it would …

What Is Philosophy Of Criminal Law?, Youngjae Lee

Faculty Scholarship

No abstract provided.

Weight Loss Surgery Maintenance And Psychosocial Development: A Narrative Perspective, Carrie J. L. Hickman

Walden Dissertations and Doctoral Studies

Bariatric surgery is not the panacea it was once thought to be for weight loss. Due to patient noncompliance issues, many weight loss surgery patients are relapsing and regaining the significant amounts of weight that bariatric surgery had initially helped them to lose. This failure is costly monetarily, psychologically, and medically to both the patient and to society. Using the narratives of 32 post-weight loss surgery patients, this narrative study explored: (a) whether Erikson's psychosocial stages of development occur after weight loss surgery, (b) whether successful patients (defined as those who are able to maintain their weight loss long term) …

Sovereign Debt After Nml V. Argentina, W. M. C. Weidemaier

Faculty Publications

No abstract provided.

The Regulation Of Race In Science, Kimani Paul-Emile

Faculty Scholarship

The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by looking to equal protection strict scrutiny analysis. However, the colorblind approach that attends this doctrine — which many regard as synonymous with invalidation — does not offer a particularly useful way to think about the use of race in research. It offers no way to address how …

Google And Search-Engine Market Power, Mark R. Patterson

Faculty Scholarship

A significant and growing body of commentary considers whether possible manipulation of search results by Google could give rise to antitrust liability. Surprisingly, though, little serious attention has been paid to whether Google has market power. Those who favor antitrust scrutiny of Google generally cite its large market share, from which they infer or assume its dominance. Those who are skeptical of competition law’s role in regulating search, on the other hand, usually cite Google’s 'competition is only a click away' mantra to suggest that Google’s market position is precarious. In fact, the issue of Google’s power is more complicated …

Oil And Water: Mixing Taxable And Tax-Exempt Shareholders In Mutual Funds, Jeffrey M. Colon

Faculty Scholarship

As of 2012, roughly 23% of U.S. households’ assets and 50% of retirement assets are invested in mutual funds, thus making mutual funds one of the most important investment vehicles for U.S. households. The federal taxation of mutual funds and mutual fund shareholders has played a vital role in the development of mutual funds and their appeal to U.S. investors. Despite the significant amount of mutual fund assets held in retirement accounts, there has been very little analysis of the issues that arise when taxable and tax-exempt shareholders invest together in the same mutual fund. A substantial body of research …

Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney

Faculty Scholarship

This Article contends that ordinary meaning analysis based on dictionaries and language canons cannot be reconciled with the faithful agent model. Fidelity to Congress as a principal entails fidelity to its lawmaking enterprise, not to words or sentences divorced from that enterprise. Congress has indicated that it does not value dictionaries as part of its lawmaking process, and it ascribes at most limited weight to language canons in that process. Further, Justices advocating ordinary meaning analysis too often use dictionary definitions, and language canons such as the rule against surplusage, the whole act rule, and ejusdem generis, in ways that …

The Omnipresent Specter Of Omnicare, Sean J. Griffith

Faculty Scholarship

In this Article, written for a symposium commemorating the tenth anniversary of the Delaware Supreme Court’s opinion in Omnicare, Inc. v. NCS Healthcare, Inc., I argue, notwithstanding reports to the contrary, that Omnicare is still very much with us. Although there is a line of cases that qualifies the narrow holding of the opinion, the strong reading of Omnicare, which requires a fiduciary out in every merger agreement and elevates the “unremitting” duty to remain “fully informed” to an absolute jurisprudential principle, lives on in Delaware law, animating the Court of Chancery’s controversial rulings in the recent standstill cases. Shifting …

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Faculty Scholarship

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …

Supranational? Federal? Intergovernmental? The Governmental Structure Of The European Union After The Treaty Of Lisbon, Roger J. Goebel

Faculty Scholarship

The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the initial institution whose structure and operations have always been markedly supranational in character and which has always been dedicated to the promotion of supranational goals. Part II examines the Council of Ministers, the political institution that is intrinsically intergovernmental in character, but whose operational role in the …

What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner

Faculty Scholarship

In the fall of 2014, Chinese Communist Party authorities made legal reform the focus of their annual plenum for the first time. The Fourth Plenum Decision confirmed a shift away from some of the policies of the late Hu Jintao era, but liberal reforms still remain off the table. The top-down vision of legal reform developing under Xi Jinping’s administration may have more in common with current trends in the party disciplinary apparatus or historical ones in the imperial Chinese censorate than it does with Western rule-of-law norms. This essay attempts to do three things: (1) analyze how and why …

Review Of "Confucian Constitutional Order: How China’S Ancient Past Can Shape Its Political Future" By Jiang Qing, Carl F. Minzner

Faculty Scholarship

No abstract provided.

Who Governs? Delegations In Global Trade Lawmaking, Terence C. Halliday, Josh Pacewicz, Susan Block-Lieb

Faculty Scholarship

Who governs international trade law regimes? Although this question has attracted much research for global regulatory regimes, very little is known about international trade law organizations which function as global legislatures. This paper focuses on hitherto invisible attributes of the inner core of global legislators - the state and non-state delegations and delegations that create global norms for private international trade law through the most prominent global trade legislature, the United Nations Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation attendance and participation in UNCITRAL’s Working Group on Insolvency, …

Critical Legal Studies In Intellectual Property And Information Law Scholarship, (Symposium), Sonia K. Katyal, Peter Goodrich, Rebecca L. Tushnet

Faculty Scholarship

No abstract provided.

Across The Divide: Union Soldiers View The Home Front, Samuel Watson

Civil War Book Review

A New Study About the Union War Effort

Despite numerous studies of the Civil War home front, no one has written on soldiers’ attitudes toward the home front at monograph length until now. Making the first such venture, Steven Ramold could have emphasized congruence, stressed division, or....

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

What Is Aesthetic Engagement?, Arnold Berleant

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Aesthetic Engagement, Ecosophy C, And Ecological Appreciation, Cheng Xiangzhan

Contemporary Aesthetics (Journal Archive)

No abstract provided.

The World Achieved: Film And The Enacted Mind, John M. Carvalho

Contemporary Aesthetics (Journal Archive)

Stanley Cavell taught us that films give us a view of a world that differs from the world in which we view films only by not being that world. Films, that is, screen a world for us and screen us from a world that is not our own. Cavell’s view is based on a photographic conception of film images. A film is composed of photographic images collected on reels and put in motion at twenty-four frames per second. In “More of the World Viewed,” Cavell dares us to come up with a theory of perception that challenges the assumption that …

The Violence Of Post-Racial Memory And The Political Sense Of Mourning, Alfred Frankowski

Contemporary Aesthetics (Journal Archive)

In this paper I argue that “post-raciality” entails a way of remembering that depoliticizes the social meaning of memory and thus of history. Through aesthetic critique, I attempt to show how the hyper-production of memory obscures the very real forms of violence directed toward non-whites. By developing the aesthetic critiques of W.E.B. Du Bois and Walter Benjamin, I argue that representing former violence as social memory fails to adequately address subtle forms of cultural and residual violence. Furthermore, I argue that post-racial memory produces sites and representations of the past only to enact a type of social forgetting in the …

Experiencing Photographs Qua Photographs: What's So Special About Them?, Jiri Benovsky

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Atopia & Aesthetics. A Modal Perspective, Yves Millet

Contemporary Aesthetics (Journal Archive)

Living in an era where global exchanges of forms and ideas are the norm raises some questions about the status of artistic practices. To explore these questions, we use Roland Barthes’ notion of atopia and the complementary yet related notion of Neutral on which Barthes commented in his later years. Atopia highlights the fact that rather than viewing current artistic activities as searches for homogenous identity, we need to view them as belonging to plural communities of practices offering modal and qualitative distinctions. We suggest that adopting this perspective sheds light on the capacity of any individual to act creatively …

Hegel's Symbolic Stage: An Old Perspective On Contemporary Art, Laura T. Disumma-Koop

Contemporary Aesthetics (Journal Archive)

This paper proposes an evaluation of contemporary art works in light of some of the concepts embedded in Georg Wilhelm Friedrich Hegel’s symbolic stage. My belief is that an analysis of Hegel’s conditions for the affirmation of art opens the door to a discussion of contemporary artistic trends, a discussion that also takes distance from the (perhaps) abused question of what defines art. Art does more than question itself; art questions, and challenges, the nature of our perception.

Why Legal Positivism (Again), Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons

Public Law and Legal Theory Working Papers

This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …

Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.