Digital Commons Network^™

Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon

Faculty Articles

This article makes a case for a theoretical departure from dominant approaches to trademark law. It explains and then connects information capitalism to new governance through the heuristic of brand citizenship. Through these suggested analytical lenses, it examines a case study of ‘Big Fashion,’ which has become a highly concentrated industry focused almost solely on maximizing shareholder profit without regard to consumer, environment, or labor impact. It then concludes with some suggestions regarding the functions of brand citizenship in increasingly globalized markets where downward pressure on prices translates into greater global public “bads” often imposed upon the most vulnerable. For …

Full Disclosure: Cognitive Bias, Informants, And Search Warrant Scrutiny, Mary Bowman

Faculty Articles

This article posits that cognitive biases play a significant role in the gap between the rhetoric regarding Fourth Amendment protection and actual practices regarding search warrant scrutiny, particularly for search warrants based on informants’ tips. Specifically, this article examines the ways in which implicit bias, tunnel vision, priming, and hindsight bias can affect search warrants. These biases can affect each stage of the search warrant process, including targeting decisions, the drafting process, the magistrate’s decision whether to grant the warrant, and post-search review by trial and appellate courts. These biases create room for informant falsehoods to go unchecked, with a …

Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno

Faculty Articles

The transcription of 2013 Chapman Law Review Symposium: “The Future of Law, Business, and Legal Education: How to Prepare Students to Meet Corporate Needs”. Professor Rankin, along with James E. Moliterno, R. Michael Cassidy, and Susan B. Myers, answer the first panel question, "Can law schools prepare to students to be practice ready?" Professor Rankin discusses the importance of innovations in legal education, and explains how she is actually changing the first year to focus on real-client and real-world experiences. She explains the innovations taking place at Seattle University in her first year lawyering skills classes, where her first-year students …

Under The Cover Of Gay Rights, Dean Spade

Faculty Articles

The article presents a U.S. Supreme Court case Perry v. Brown wherein the status of marriage is considered as unique and same sex couples are denied of marriage but granted the same rights and responsibilities as married one. It mentions the views of Stephen Reinhardt, a circuit judge on the United States Court of Appeals for the Ninth Circuit, that a granting rights and responsibilities is not sufficient substitute and mystique of marriage is the central issue related LGBT people.

Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade

Faculty Articles

Professor Dean Spade reviews Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons.

The Invention Of Asian Americans, Robert S. Chang

Faculty Articles

The essay begins by examining amicus briefs submitted in Fisher v. Texas by Asian American organizations in support of and in opposition to affirmative action. What does it mean when groups that purportedly protect, advance, and represent the interests of Asian Americans invoke the historical treatment of Asian Americans and present facts about Asian Americans but end up advocating for opposite outcomes? This Essay starts with the competing Asian American perspectives and assertions of authority expressed in these briefs to explore the theme of a Symposium at the UC Irvine School of Law, provocatively entitled, Reigniting Community: Strengthening the APA …

Epistemic Updates On Algebras, Alexander Kurz, Alessandra Palmigiano

Engineering Faculty Articles and Research

We develop the mathematical theory of epistemic updates with the tools of duality theory. We focus on the Logic of Epistemic Actions and Knowledge (EAK), introduced by Baltag-Moss-Solecki, without the common knowledge operator. We dually characterize the product update construction of EAK as a certain construction transforming the complex algebras associated with the given model into the complex algebra associated with the updated model. This dual characterization naturally generalizes to much wider classes of algebras, which include, but are not limited to, arbitrary BAOs and arbitrary modal expansions of Heyting algebras (HAOs). As an application of this dual characterization, we …

Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett

Faculty Articles

The Supreme Court's decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …

The Essence Of Antitrust: Protecting Consumers And Small Suppliers From Anticompetitive Conduct, John B. Kirkwood

Faculty Articles

The goals of antitrust law continue to be debated because there is no single goal that is unambiguously correct. There is one goal, however, that now commands wider support than any other: protecting consumers and small suppliers from anticompetitive conduct – conduct that creates market power, transfers wealth from consumers or small suppliers, and fails to provide them with compensating benefits. This goal is the predominant objective in the legislative histories, it is broadly supported by the American people, it is easier to administer than total welfare, and it is now espoused by the majority of courts. Proponents of total …

"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong

Faculty Articles

Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …

Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Lily Kahng, Mary Louise Fellows

Faculty Articles

This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, "Costly Mistakes," this Article's thesis has to do with the disparate treatment of expenditures incurred by business owners and workers. Where the current tax law treats a business owner's expenditure as investment, the Article sometimes finds consumption and questions why the law should allow the expenditure to be deducted. Where the tax law treats a worker's expenditure as consumption, the Article sometimes finds investment and questions why the law does not allow at least a …

Transforming Domestic Violence Representation, Jane Stoever

Faculty Articles

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman

Faculty Articles

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …

Postscript To A Deanship, Annette E. Clark

Faculty Articles

The author reflects on her experiences as the dean of the Saint Louis University School of Law and tries to discern lessons that might be useful to other deans.

Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud

Faculty Articles

The construct of free wage-labor, envisaged as consensual sale of labor-power by an autonomous and unencumbered individual in a market of juridical equals governed strictly by economic laws of supply and demand, is the bedrock of the purportedly universal category of labor under capitalism. However, this conceptual ensemble is an instance, yet again, of a particular masquerading as the universal – Europe’s autobiography passing for world history. It also underscores the divergence between mythologies and historical operations of capitalism. This article takes up the deployment of indentured labor from colonial India in plantation colonies across the globe for over a …

Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens

Faculty Articles

The Supreme Court has failed to clarify this important procedural exception to the clear error standard. More than this, the Court has failed to explain why it refuses to apply independent judgment to all constitutional facts. The results of the differential treatment of these two legal concepts are: 1) Rule 52, and the Supreme Court’s approach to its constitutional fact exception is another type of denial of structural due process, preventing the legal norming of intentional discrimination jurisprudence; 2) institutional interests of doctrinal coherence and decisional accuracy are minimized in favor of reducing direct costs to the judicial system; 3) …

Derrick Bell: Oregon Trailblazer, Steve Bender

Faculty Articles

Tribute to Professor Derrick Bell

Derrick A. Bell, Jr.: Serving Two Masters Elegantly, Margaret Chon

Faculty Articles

Tribute to Professor Derrick Bell

Bell Labs: Derrick Bell’S Inspirational Pedagogy, Charlotte Garden

Faculty Articles

Tribute to Professor Derrick Bell

Derrick Bell: Ethical Ambition And Law Teaching, Natasha Martin

Faculty Articles

Tribute to Professor Derrick Bell

A Tribute To Derrick Bell, Henry W. Mcgee

Faculty Articles

Tribute to Professor Derrick Bell

Placental Corticotropin-Releasing Hormone Mediates The Association Between Prenatal Social Support And Postpartum Depression, Jennifer Hahn-Holbrook, Christine Dunkel Schetter, Chander Arora, Calvin J. Hobel

Psychology Faculty Articles and Research

Three decades of research point to both biological and psychological risk factors for postpartum depression, but very little research integrates the two. This study bridged this gap by testing whether prenatal social support predicted depressive symptoms at 8 weeks postpartum in a multiethnic sample of 210 women and whether the stress hormone placental corticotropinreleasing hormone (pCRH), measured at 19, 29, and 37 weeks’ gestation, mediated this relationship. We found that prenatal family support predicted significantly fewer depressive symptoms postpartum and more gradual increases in pCRH from 29 to 37 weeks’ gestation. Furthermore, steeper increases in pCRH during this same period …

Social And Behavioral Sti Risk Factors: Comparing A Two-Year Community College Setting To A Four-Year University Setting, Oswald M. Attin

Faculty Publications and Presentations

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Relation Between Optimism And Lipids In Midlife, Julia K. Boehm, David R. Williams, Eric B. Rimm, Carol Ryff, Laura D. Kubzansky

Psychology Faculty Articles and Research

This research examined optimism’s relationship with total cholesterol, high density lipoprotein (HDL) cholesterol, low density lipoprotein (LDL) cholesterol, and triglycerides. The hypothesis that optimism is associated with a healthier lipid profile was tested. Participants were 990 mostly white men and women from the Midlife in the United States study who were on average 55.1 years old. Optimism was assessed by self-report with the Life Orientation Test. A fasting blood sample was used to assess serum lipid levels. Linear and logistic regression models examined the cross-sectional association between optimism and lipids accounting for covariates such as demographic characteristics (e.g., education) and …

The Association Between Optimism And Serum Antioxidants In The Midlife In The United States Study, Julia K. Boehm, David R. Williams, Eric B. Rimm, Carol Ryff, Laura D. Kubzansky

Psychology Faculty Articles and Research

Objective Psychological and physical health are often conceptualized as the absence of disease, but less research addresses positive psychological and physical functioning. For example, optimism has been linked with reduced disease risk and biological dysfunction, but very little research has examined associations with markers of healthy biological functioning. Thus, we investigated the association between two indicators of positive health: optimism and serum antioxidants.

Methods The cross-sectional association between optimism and antioxidant concentrations was examined in 982 men and women from the Midlife in the United States study. Primary measures included self-reported optimism (assessed with the revised Life Orientation Test) and …

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Michigan Law Review

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Michigan Law Review

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Michigan Law Review

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Michigan Law Review

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Michigan Law Review

No abstract provided.