Digital Commons Network^™

The Song Is Over: Why It's Time To Stop Talking About An International Investment Arbitration Appellate Body, Barry Appleton

Articles & Chapters

No abstract provided.

War Crimes, Wristbands, And Web 2.0: Exploring Online Justice Advocacy, Colonialism And ‘Civilizing Missions’ Through Kony2012, Sarah Steele, Tyler Shores, Yvette Pollastrini

Journal of Hate Studies

On March 5, 2012, the advocacy organization Invisible Children released a short 30-minute film entitled Kony2012, on YouTube.com. Within days, the video had gone viral, gaining a mass global viewership. By December 2012, the video had received over 94 million views worldwide, attaining the unofficial status as “the most viral video of all time.” While Kony2012 raised awareness about the urgency of the manhunt for Lord’s Resistance Army (LRA) leader Joseph Kony and his exploitation of child soldiers in Uganda, the film generated much controversy. Commentators, both from within Uganda and beyond, raised serious questions about the oversimplified Colonial-style intervention …

An Empirical Study On Symptoms Of Heavier Internet Usage Among Young Adults, Sai Preethi Vishwanathan, Levi Malott, Sriram Chellappan, P. Murali Doraiswamy

Computer Science Faculty Research & Creative Works

Understanding negative consequences of heavy Internet use on mental health is a topic that is gaining significant traction recently. A number of studies have investigated heavy Internet usage, especially among young adults in relation to online games, social media and email. While such studies do provide valuable insights, Internet usage so far has been characterized by means of self-reported surveys only that may suffer from errors and biases. In this paper, we report the findings of a two-month empirical study on heavy Internet usage among students conducted at a college campus. The novelty of the study is that it is …

J. P. Moreland, Consciousness And The Existence Of God: A Theistic Argument, Ulrich Schmidt

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Engaging Witchcraft Accusations Among Christians As A Vehicle Of African Traditional Religious Self-Advocacy In African Contexts, Robert Magoola

The Asbury Journal

That African Christianity is growing in numbers has become a familiar fact; testimony to the commitment of African preachers and adherents to the gospel of Christ. However, a disturbing trend is sweeping over many parts of sub-Saharan Africa in places such as Uganda. It is the increased number of witchcraft accusations that are being leveled against Christians and Christian leaders. In this paper, Robert Magoola acknowledges this unfortunate predicament facing the African church as it maligns Christian gospel proclamation and enhances African traditional religion’s self- advocacy. He evaluates the possible credibility of field-based evidence on the basis of a parable …

Pride And Prejudice: Colonialism And Post-Colonialism In The Philippine Chinese Context: How Ibs Can Be A Liberating Methodology To Find The Truth To Be Set Free, Juliet Lee Uytanlet

The Asbury Journal

This paper aims to present the importance of disentangling the Philippine Chinese from a colonial mindset before they can truly be disentangled from their wrong beliefs and practices. It is crucial to first trace back the relationship of colonialism and the colonial mindset among the Philippine Chinese to understand how this affects their present attitude toward Scripture and Christian mission before we can introduce the Inductive Bible Study method and its benefits to Christian churches.

The Significance Of Pentateuchal Tithing As A Legal Instruction For The 21st Century Reader, Miracle Ajah

The Asbury Journal

So much debate has arisen as to whether or not the obligation to tithe was bound to the Old Testament and Judaism, or applied to the contemporary Christian Church. This paper seeks to answer the questions about how we can understand and apply the Old Testament datum to the contemporary church in Africa; how we can define our relationship to God’s covenant revealed in the Old Testament in the light of our New Testament experience; and the significance of Pentateuchal tithing as a legal instruction for the 21st Century reader. Discussions were done under the following headings: The Pentateuchal tithing …

From The Editor, Robert Danielson

The Asbury Journal

No abstract provided.

From The Archives: Methodist Camp Meetings And Revival, Robert A. Danielson

The Asbury Journal

Pictures Shown:

• Unknown Camp Meeting with Tents

• Camp Meeting at Camp Wofowag, near Moodus, Connecticut

• Pasadena Camp Meeting, Pre 1917

• Willimantic Camp Meeting with “Cottages”, Connecticut in 1910

• Asbury President H.C. Morrison at an Unknown Camp Meeting

• Asbury President Frank Bateman Stanger Preaching at Redwoods Christian Park Camp Meeting

  
  

Language, Legal Origins, And Culture Before The Courts: Cross-Citations Between Supreme Courts In Europe, Martin Gelter, Mathias M. Siems

Faculty Scholarship

Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked considerable debate in the United States, and this question is also controversially discussed in Europe. In this article and within the larger research project from which it has developed, we study the dialogue between different European supreme courts quantitatively. Using legal databases in Austria, Belgium, England and Wales, France, Germany, Ireland, Italy, the Netherlands, Spain, and Switzerland, we have hand-collected a dataset of transnational citations between the highest courts of these countries for the time between 2000 and 2007. In the present article we show …

The Pension System And The Rise Of Shareholder Primacy, Martin Gelter

Faculty Scholarship

No abstract provided.

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 …

Chevron Meets Youngstown: National Security And The Administrative State, Joseph Landau

Faculty Scholarship

The past several years have witnessed a burst of scholarship at the intersection of national security and administrative law. Many supporters of this approach endorse a heightened, “super-strong” brand of Chevron deference to presidential decisionmaking during times of emergency. Believing that the Executive’s comparative advantage in expertise, access to information, and accountability warrant minimal judicial scrutiny, these Chevron-backers advance an Executive-centric view of national security powers. Other scholars, by contrast, dispute Chevron’s relevance to national security. These Chevron-detractors argue for an interventionist judiciary in national security matters. Both camps criticize the Supreme Court’s scaling of deference to the Executive after …

International Law And Institutions And The American Constitution In War And Peace, Thomas H. Lee

Faculty Scholarship

This Article describes how international law and institutions are not necessarily incompatible with U.S. sovereign interests today and how they were historically accepted as valid inputs to interpreting and implementing the Constitution during the founding and infancy of the United States and through the Civil War.

Military Veterans, Culpability, And Blame, Youngjae Lee

Faculty Scholarship

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are …

Translating Fiduciary Principles Into Public Law, Ethan J. Leib, David L. Ponet, Michael Serota

Faculty Scholarship

Because public office is a public trust, fiduciary architecture can help orient us in figuring out how political power should be exercised legitimately. Part of the appeal of conceiving the political relationship between representative and represented in fiduciary terms is that it regards politics in more realistic and textured ways — as a constellation of power relationships in a web of trust and vulnerability — rather than as a mere social contract no one ever signed. Thinking of legislators as public fiduciaries tells us much about the nature of the relationship between the governed and their governors and it can …

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.

Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron J. Saiger

Faculty Scholarship

Regardless whether the American charter school can improve academic performance and provide effective alternatives to traditional public schools, its steady entrenchment as an institution portends significant, destabilizing changes across education law. In no area will its impact be more profound than the law of religion and schooling. Despite the general view that charter schools are public schools, charters’ neoliberal character — they are privately created and managed, and chosen by consumers in a marketplace — makes them private schools for Establishment Clause purposes, notwithstanding their public subsidy. This conclusion, which rests in substantial part on the Zelman v. Simmons-Harris vouchers …

The Inner Morality Of Private Law, Benjamin C. Zipursky

Faculty Scholarship

Lon Fuller's classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name "law" at all. In this essay, I argue that Fuller's basic principles are not in fact desiderata for all of law, observing that much of private law plainly flouts them; it is unwritten, retroactive, …

The Political Morality Of Voting In Direct Democracy, Michael Serota, Ethan J. Leib

Faculty Scholarship

The voting levers in candidate elections and in direct democracy elections are identical. The political obligations that bind the citizens that pull them are not. This Essay argues that voters in direct democracy elections, unlike their counterparts in candidate elections, serve as representatives of the people and are, accordingly, bound by the ethics of political representation. Upending the traditional dichotomy between representative and direct democracy, this Essay explains why citizens voting in direct democracy are representative legislators who must vote in the public interest and must not vote in their private interests.

Staging The Family, Clare Huntington

Faculty Scholarship

For many critical aspects of family life, all the world truly is a stage. When a parent scolds a child on the playground, all eyes turn to watch and judge. When an executive’s wife hosts a work party, the guests are witness to traditional gender roles. And when two fathers attend a back-to-school night for their child, other parents take note of this relatively new family configuration. Family is popularly considered intimate and personal, but in reality much of family life is lived in the public eye. These performances of family and familial roles do not simply communicate messages to …

Towards Engaged Scholarship, Nestor M. Davidson

Faculty Scholarship

No abstract provided.

A Most Useful Ball Of Thread, Review Of Navigating Hud Programs: A Practitioner's To The Labyrinth By George Weidenfeller & Julie S. Mcgovern, Eds., Nestor M. Davidson

Faculty Scholarship

This book review of Navigating HUD Programs: A Practitioner’s Guide to the Labyrinth (George Weidenfeller & Julie McGovern eds., 2012) discusses the approach the book takes to a range of HUD programs, discusses some intimations of reform efforts suggested by the authors, and explores ways in which the book’s guidance reflects potential benefits in nascent HUD efforts at programmatic consolidation and modernization.

Gideon’S Amici, Why Do Prosecutors So Rarely Defend The Rights Of The Accused?, Bruce A. Green

Faculty Scholarship

In Gideon v. Wainwright, twenty-three state attorneys general, led by Walter F. Mondale and Edward McCormack, joined an amicus brief on the side of the criminal accused, urging the Supreme Court to recognize indigent defendants’ Sixth Amendment right to appointed counsel in felony cases. This was a unique occurrence. Although amicus filings by public entities have increased significantly since then, including in criminal cases, government lawyers rarely submit amicus briefs in the Supreme Court supporting criminal defendants’ procedural rights, and never en masse as in Gideon. The states’ public support for Gideon’s position points up the special nature of the …

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth. Review Of Plague Of Prisons: The Epidemiology Of Mass Incarceration In America By Ernest Drucker, John F. Pfaff

Faculty Scholarship

This article reviews Ernest Drucker's recent book, "A Plague of Prisons: The Epidemiology of Mass Incarceration in America," which attempts to explain the causes behind the explosion in prison growth over the past several decades. The account proves to be unsatisfying, and this review highlights four major flaws with Drucker's work. First, Drucker places too much weight on the war on drugs. While he argues it is the primary engine of prison growth, the increase in drug incarcerations explains only about 25% of the total growth since the 1970s. Second, he significantly underplays the importance of soaring crime rates between …

The Fraud-On-The-Market Tort, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

Fraud on the market is at the core of contemporary securities law, permitting 10b-5 class actions to proceed without direct proof of investor reliance on a misrepresentation. Yet the ambiguities of this idea have fractured the Supreme Court from its initial recognition of the doctrine in Basic v. Levinson to its recent decision in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds. Amidst divergent views of the coherence and advisability of liability for fraud on the market a fundamental question lurks: is a suit for damages that invokes the fraud-on-the-market theory a claim for common law deceit, such that …

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

Faculty Scholarship

No abstract provided.