Digital Commons Network^™

The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law, Margot E. Kaminski, Shlomit Yanisky-Ravid

Publications

This paper addresses the debates leading up to the recently adopted international treaty on copyright exceptions for the visually impaired, the Marrakesh International Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. This treaty was successfully adopted by the World Intellectual Property Organization (WIPO) in June 2013.

Leading up to the negotiation of this instrument, multiple UN member states pushed for the instrument to be negotiated as soft law instead of a treaty. We argue that making this instrument soft law would have precluded its success. WIPO thus correctly chose to …

The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Publications

The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This Article proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and who vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that …

On Creativity In Constitutional Interpretation, Pierre Schlag

Publications

In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …

Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley

Publications

As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences indigenous groups' internal processes of decolonization and revitalization. Empowered by a growing body of human rights instruments, some as embryonic as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous peoples are embracing a global "human rights culture" to articulate rights ranging from …

The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff

Publications

Although the framers of the Australian Constitution adopted many features of the United States Constitution, they rejected the separation of legislative and executive power in favour of responsible government in a parliamentary system like that of the United Kingdom. In doing so, Australians depended on existing conventions about the nature of responsible government instead of specification of its attributes in constitutional text. The United States Constitution contains detailed provisions about separation of powers, but unwritten conventions have produced some central features of American government. This article reviews conventions developed by Congress that constrain Presidents in the domestic sphere with regard …

Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen

Publications

What can the new federalism teach us about what is happening in immigration law? The changing relationship of federal-state government in the regulation of immigrants has led to the creation of “immigration federalism” as a field of scholarship. Most of this scholarly attention has been directed at resisting restrictionist legislation that encourages vigorous law enforcement against undocumented immigrants. The scholarly tilt is especially pronounced since the Supreme Court recently struck down several provisions of S.B. 1070, Arizona’s restrictive law enforcement legislation. However, law enforcement is only one type of regulation, and the overwhelming focus on it skews the broader debate …

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Publications

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …

Classcrits Mission Statement, Justin Deystone, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy

Publications

No abstract provided.

Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber

Publications

Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The idea now ingrained in the minds of many racial justice-seekers is that only by narrowing the definition of self-defense (and thereby generally strengthening murder law) can we ensure Trayvon Martin's death was not in vain. However, when the story of Martin's killing first appeared on the national stage, the conversation was not primarily about the overly lenient nature of Florida's self-defense law. It was a multi-faceted dialogue about neighborhood warriors, criminal racial profiling, and especially the racially …

Pragmatic Liberalism: The Outlook Of The Dead, Justin Deystone

Publications

At the turn of the twentieth century, the legal profession was rocked in a storm of reform. Among the sparks of change was the view that "law in the books" had drifted too far from the "law in action." This popular slogan reflected the broader postwar suspicion that the legal profession needed to be more realistic, more effective, and more in touch with the social needs of the time. A hundred years later, we face a similarly urgent demand for change. Across the blogs and journals stretches a thread of anxieties about the lack of fit between legal education and …

Murder, Minority Victims, And Mercy, Aya Gruber

Publications

Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …

Internships As Invisible Labor, Melissa Hart

Publications

No abstract provided.

Rethinking Domestic Violence, Rethinking Violence, Aya Gruber

Publications

No abstract provided.

Design And Synthesis Of Porous Organic Frameworks For H2 And Ch4 Storage And For Selective Co2 Adsorption, Venkata Neti

Open Access Theses & Dissertations

Three new boronate-ester based covalent organic frameworks (CoPc-PorDBA, CoPc-BPDA and HHTP-PorDBA), an imine-linked porphyrin porous polymer (CuPor-BPDC) and imine and benzothiazole based porous polymers (IBTP), and a triazole based phthalocyanine "click" polymer (Pc-POP) were synthesized. The CoPc-PorDBA and CoPc-BPDA COFs exhibited high BET surface areas (1087, 1315 m2 g-1, respectively) whereas HHTP-PorDBA showed a low BET surface area of 205 m2 g-1. The H2 storage capacities of CoPc-BPDA and CoPc-PorDBA range between 0.8-1.2wt% at 77K, 1bar and the CH4 storage capacities range between 0.4-0.8wt% at 298K, 1bar. These materials also had good thermal stabilities up to 350° C. The BET …

Self-Reliance Beyond Neoliberalism: Rethinking Autonomy At The Edges Of Empire, Karen Hébert, Diana Mincyte

Publications and Research

Across scholarly and popular accounts, self-reliance is often interpreted as either the embodiment of individual entrepreneurialism, as celebrated by neoliberal designs, or the basis for communitarian localism, increasingly imagined as central to environmental and social sustainability. In both cases, self-reliance is framed as an antidote to the failures of larger state institutions or market economies. This paper offers a different framework for understanding self-reliance by linking insights drawn from agrarian studies to current debates on alternative economies. Through an examination of the social worlds of semisubsistence producers in peripheral zones in the Global North, we show how everyday forms of …

Employment-Related Geographic Mobility In Canada And Collective Bargaining: A Report Prepared For The On The Move Partnership Research Team, Eric Tucker, Brendan Breckman Jowett

All Papers

Report prepared for: On the Move, Policy Component, July, 2014.

The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs

All Papers

Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …

Food Miles: Environmental Protection Or Veiled Protectionism?, Meredith Kolsky Lewis, Andrew D. Mitchell

Journal Articles

This article examines the international trade, environmental, and development implications of campaigns to convince consumers to make food purchases based on food miles. Buying food from nearby sources has become a popular objective. One of the unmistakable messages of the “locavore” movement is that importing food – particularly food that comes from far away – causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to climate change. Proponents of this view therefore argue that “food miles” – the …

The Woman Question In Post-Socialist Legal Education, Isabel Marcus

Journal Articles

Sex equality—a significant contribution to the international human rights canon—was one of the legitimating principles of socialist states in Eastern Europe and, at least formally, of their post-socialist democratic successors. Why then has the subject been ignored or deeply marginalized in post-socialist legal education? Using socio-legal analysis to establish a legitimation or delegitimation dynamic regarding law in theory and practice in both eras, the author provides answers to this question and suggests various options for reforming post-socialist legal education to provide adequate training in the subject of women’s rights consistent with states’ international and regional human rights obligations.

Exploring The Electromagnetics Of Millimeter-Wave Through Terahertz Spectrum: De Novo Studies Vis-À-Vis Materials Science, Biomedical Applications And Wireless Communication, Bharti Sharma

Electronic Theses and Dissertations 2010 - 2019

The present research is a targeted endeavor to study the underlying characteristics and novel applications of millimeter (mm) wave through terahertz (THz) spectrum of electromagnetic (EM) energy. Focused thereof are the following specific tasks broadly considered pertinent to the said EM spectral range: (i) To elucidate the material characteristics vis-à-vis the interaction with EM energy at the test frequencies; (ii) to identify biomedical applications based on the material characteristics studied and applied to biomedia; and (iii) to model the wireless communication channels supporting EM waves at the test frequency bands of interest. Commensurate with the scope as above, the objectives …

A Comparison Of Practices For Teaching Math Word Problems In Turkey And The United States, Betul Erkan

Electronic Theses and Dissertations 2010 - 2019

This multiple case study investigated pedagogical differences and similarities among practices used to teach word problems in private schools of Turkey and the United States, the factors impacting teachers’ instructional decisions, and their approaches to teaching word problems as well as the role of culture in teaching and learning word problems. Quantitative survey data were collected from 28 Turkish and 27 U.S. high school mathematics teachers from private or independent schools. The survey investigated teachers’ background information, resources used, and their use of teaching practices (teacher-centered, student-centered, concrete-visualizing, analytical) and types of word problems (true or practice-oriented) as well as …

A Habitat Suitability Model For Wading Birds In A Large Subtropical Lake: Linking Hydrologic Fluctuations And Nesting, Richard A. Botta

Electronic Theses and Dissertations 2010 - 2019

Anthropogenic hydrologic alterations can affect the quality of lake littoral zone habitats for wading birds, such as the great egret (Ardea alba), snowy egret (Egretta thula), and white ibis (Eudocimus albus). One such lake in Florida, Lake Okeechobee, has experienced a marked decline in wading bird nesting since the 1970’s, concomitant with changes in lake level management. It’s hypothesized that a reduction in foraging habitat has led to the nesting decline; however, there is little quantitative evidence of this link. A habitat suitability model was developed for Lake Okeechobee wading birds that incorporate the spatial and temporal dynamics of environmental …

A Paleopathological Survey Of Ancient Peruvian Crania Housed At The Peabody Museum Of Archaeology And Ethnology At Harvard University, Cambridge, Massachusetts: A Special Emphasis On Scurvy, Tony J. Chamoun

Electronic Theses and Dissertations 2010 - 2019

This thesis is a paleopathological survey of ancient Peruvian crania housed at the Peabody Museum of Archaeology and Ethnology at Harvard University, Cambridge, Massachusetts. Chapter one discusses the significance of this research, work prior to this thesis’s formulation, and defines paleopathological and bioarchaeological terms relevant to this thesis. Chapter two presents this thesis’s materials and methods. Of the 196 Peruvian crania in this study sample, 11 case studies are presented. Chapter three reports a case of probable scurvy and likely anemia comorbidity. This case study is accompanied by a critical analysis and review of the literature surrounding scurvy, a detailed …

A Study To Compare The Critical Thinking Dispositions Between Chinese And American College Students, Susan K. Dennett

Electronic Theses and Dissertations 2010 - 2019

The purpose of this quantitative research study was to compare Chinese and American students’ inclined level of critical thinking using the California Critical Thinking Disposition Inventory (CCTDI) (Insight Assessment, 2013). The literature of Paul and Elder (1996, 2000, 2005, 2010), Facione and Facione (1992, 1996) and Brookfield (2005, 2010, 2013) and the conceptual framework in this study provided the foundation for the main research question of whether there are differences between Chinese and American students’ scores on the seven individual scales and their total score on the CCTDI. The Sample included 41 Chinese and 50 American undergraduate and graduate students …

Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua

Journal Articles

This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …

Unhinging Same-Sex Marriage From The Constitutional Canon: The Search For A Principled Doctrinal Framework, Anthony Michael Kreis

Emory Law Journal Online

When eighty-four-year-old Edie Windsor challenged the Defense of Marriage Act's constitutionality, she may not have predicted the case's historic importance. The Defense of Marriage Act (DOMA), enacted in 1996, amended the federal Dictionary Act to define "marriage" and "spouse" to exclude same-sex marriages in over 1,000 statutes and regulations.

Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.

Emory Law Journal Online

In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.

Remedies In A Wide-Angle Lens: Observations On Remedial Concilience, David Partlett

Emory Law Journal Online

Professor Partlett notes that Professor Jimenez's article appears to be an orphan in American legal academic discourse. After a thoughtful analysis, Professor Partlett commends Professor Jimenez's work, but urges that both a broader, comparative view of remedies and a revival of the virtues of private common law method are overdue in this area of scholarship.

Precedent, Reliance, And The Judicial Function: A Response To Prof. Kozel, Timothy P. Terrell

Emory Law Journal Online

In this response, Professor Terrell argues that Professor Kozel bears a particularly heavy burden of proof. He finds that Professor Kozel's thesis is, on the one hand, both bold and potentially far-reaching, but on the other, counterintuitive and inconsistent with our most basic understandings of the judicial role in our legal system. Professor Terrell evaluates Professor Kozel's recent article, and identifies several points of disagreement.

Toward Proportional Deportation, Polly J. Price

Emory Law Journal Online

Professor Price discusses how Professor Banks's contribution provides an especially compelling illustration of the disjuncture between citizenship status and long-term residence in U.S. immigration law. Professor Price argues that Professor Banks makes a compelling case that Congress unintentionally created this schism and that this state of affairs need not be.