Digital Commons Network^™

Foreign Relations Law And The Purported Shift Away From "Exceptionalism", Curtis A. Bradley

Faculty Scholarship

In prior writings, I coined the term “foreign relations exceptionalism” to refer to the view that the federal government’s foreign affairs powers are subject to a different, and generally more relaxed, set of constitutional restraints than those that govern its domestic powers. In a recent article in the Harvard Law Review, The Normalization of Foreign Relations Law, the authors contend that during the past twenty-five years there has been a revolutionary shift away from foreign relations exceptionalism, that this “normalization” trend is likely to continue, and that this development should be welcomed and encouraged. This essay points out various conceptual …

Research Strategies Using Headnotes: Citators And Relevance, Susan Nevelow Mart

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya

Publications

No abstract provided.

Countersupermajoritarianism, Frederic Bloom, Nelson Tebbe

Publications

How should the Constitution change? In Originalism and the Good Constitution, John McGinnis and Michael Rappaport argue that it ought to change in only one way: through the formal mechanisms set out in the Constitution’s own Article V. This is so, they claim, because provisions adopted by supermajority vote are more likely to be substantively good. The original Constitution was ratified in just that way, they say, and subsequent changes should be implemented similarly. McGinnis and Rappaport also contend that this substantive goodness is preserved best by a mode of originalist interpretation. In this Review, we press two main arguments. …

The Law's Clock, Frederic Bloom

Publications

Time is everywhere in law. It shapes doctrines as disparate as ripeness and retroactivity, and it impacts litigants of every status and type--the eager plaintiff who brings her case too early, the death-row inmate who seeks his stay too late. Yet legal time is still scarcely studied, and it remains poorly understood. This Article makes new and better sense of that time. It begins with an original account of time as a tool of institutional power, tracking the relocation of that power from the first western cathedrals to the earliest Supreme Court. It then links time's revealing past to our …

Lawyers And Spoiled Identity, Paul Campos

Publications

No abstract provided.

Structuralist Legal Histories, Justin Deystone

Publications

This is a contribution to a symposium titled "Theorizing Contemporary Legal Thought." The central theme of the piece is the relation between legal structuralism and legal historiography.

A Provocative Defense, Aya Gruber

Publications

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Publications

Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Publications

No abstract provided.

The Government's Lies And The Constitution, Helen Norton

Publications

Governments lie. They do so for many different reasons to a wide range of audiences on a variety of topics. Although courts and commentators have extensively explored whether and when the First Amendment permits the government to regulate lies told by private speakers, relatively little attention has yet been paid to the constitutional implications of the government's intentional falsehoods. This Article helps fill that gap by exploring when, if ever, the Constitution prohibits our government from lying to us.

The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political …

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Publications

No abstract provided.

Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson

Publications

No abstract provided.

Regulating Real-World Surveillance, Margot E. Kaminski

Publications

A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state's interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression.

This Article identifies the government interest in enacting laws governing surveillance by private …

A Few Thoughts On Free Speech Constitutionalism, Helen Norton

Publications

No abstract provided.

Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski

Publications

A new technology can expose the cracks in legal doctrine. Sometimes a technology resists analogy. Sometimes, through analogies, it reveals inconsistencies in the law, or basic flaws in framing, or in the fit between different parts of the legal system. This Essay addresses robots in the home, and what they reveal about U.S. privacy law. Household robots might not themselves uproot U.S. privacy law, but they will reveal its inconsistencies, and show where it is most likely to fracture. Just as drones are serving as a legislative “privacy catalyst” — encouraging the enactment of new privacy laws as people realize …

Catalog Denison University 2015-2016

Denison University Catalogs

Denison University Course 2015-2016

Fearful Asymmetry: How The Absence Of Public Participation In Section 7 Of The Esa Can Make The 'Best Available Science' Unavailable For Judicial Review, Travis O. Brandon

Law Faculty Scholarship

Recent empirical studies have shown that public participation is an essential part of the listing process of the Endangered Species Act (“ESA”) because it provides the wildlife agencies with valuable scientific information regarding candidate species and forces agencies to make politically unpopular decisions to protect species standing in the way of development interests. However, the crucial agency-forcing mechanism of public participation is lacking in the interagency consultation process in section 7 of the ESA, one of the most important provisions by which the ESA’s protections for listed species are enforced. This Article explains how the absence of public input through …

Children's Literature, James Marten

History Faculty Research and Publications

No abstract provided.

Capturing The Social/Emotional World Of Students, David Naff, Jesse Senechal

MERC Publications

The goal of this report is to explore the possibilities using student social emotional measures withing K-12 schools. This will include (1) a discussion of what constitutes a social emotional measure, (2) an overview of commonly used measures, and (3) a discussion of how these measures may inform school improvement processes and promote the success of students at the classroom, school, school system, and community level.

A Popular And Potentially Sustainable Fishery Resource Under Pressure-Extinction Risk And Conservation Of Brazilian Sciaenidae (Teleostei: Perciformes), Ning L. Chao, Flávia L. Frédou, Manuel Haimovici, Monica B. Peres, Beth Polidoro, Marcelo Raseira, Rosana Subira, Kent E. Carpenter

Biological Sciences Faculty Publications

Croakers (Sciaenidae) are major fishery resource in Brazil; constituting 22% of marine and 9% of freshwater fishery landings. Croakers are subject to heavy fishing pressure throughout Brazil, but habitat alteration is also an important threat to regional populations. In this regional Sciaenidae assessment, each species was analyzed for relative risk of extinction, including the identification and quantification of the impact of major threats and existing conservation measures, based on application of the Categories and Criteria of the IUCN Red List of Threatened Species. Of the 52 species of Sciaenid fishes (34 marine and 18 freshwater) present in Brazilian waters, the …

Search For A Permanent Electric Dipole Moment Of 225Ra, Mukut R. Kalita

Theses and Dissertations--Physics and Astronomy

The observation of a permanent electric dipole moment (EDM) in a non-degenerate system would indicate the violation of discrete symmetries of Time reversal (T) or combined application of Charge (C) and Parity (P) symmetry violation through the CPT theorem. The diamagnetic ²²⁵Ra atom with nuclear spin I=1/2 is a favorable candidate for an EDM search. Experimental sensitivity to its EDM is enhanced due to its high atomic mass and the increased Schiff moment of its octupole deformed nucleus. An experimental setup is developed where laser cooled neutral radium atoms are collected in a …

Life Of Christ, Steelman Library

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, Melissa Archer

Syllabus Repository

No abstract provided.

Exchange Mechanisms, Consumption, And Household Provisioning Strategies: Maya Economy And Political Economy In The Kiuic Polity, Yucatán, México, Christopher M. Gunn

Theses and Dissertations--Anthropology

This project examines household exchange systems in the ancient Maya polity of Kiuic, located in the Puuc Hills of northwestern Yucatán, México. Comparisons of variation in domestic artifact assemblages are used to evaluate household participation in exchange networks organized around three kinds of distribution: (1) non-market horizontal exchange among social equals; (2) vertical exchange across socioeconomic ranks; and (3) market exchange, in which price rather than rank structures access to goods. Intensive analyses of ceramic morphology, mineralogy, and chemical composition will document attribute variation within household artifact assemblages, and comparisons of the degrees to which households share overlapping ranges of …

Drawing 1, Steelman Library, Jon Seals

Syllabus Repository

No abstract provided.

Fundamentals Of Speech, Steelman Library, Chris Clark

Syllabus Repository

No abstract provided.

Exploring Metacognitive Online Reading Strategies Of Non-Native English-Speaking Translation Students, Shayesteh Zarrabi

Doctoral Dissertations

International students, a growing population in US universities, need to possess excellent reading skills in order to succeed. American universities also benefit from admitting students who do not require remedial English classes. Reading online has become an integrated part of college education, which requires students to have additional skills. Awareness and usage of online reading strategies, known as metacognitive online reading strategies, are proven tools to enhance reading skills in online environments.

The purpose of this mixed-method study was to investigate the metacognitive online reading strategies employed by highly proficient non-native English-speaking graduate students of Translation, Interpretation and Language Education …

Baker Act Project, Lucy Arcila, Evelyn Quinones Lassalle, Carla Green, Melinda Patton, Melinda Collins

All Publications

No abstract provided.

Unethical For The Sake Of The Group: Risk Of Social Exclusion And Pro-Group Unethical Behavior, Stefan Thau, Rellie Derfler-Rozin, Marko Pitesa, Marie S. Mitchell, Madan M. Pillutla

Research Collection Lee Kong Chian School Of Business

This research tested the idea that the risk of exclusion from one's group motivates group members to engage in unethical behaviors that secure better outcomes for the group (pro-group unethical behaviors). We theorized that this effect occurs because those at risk of exclusion seek to improve their inclusionary status by engaging in unethical behaviors that benefit the group; we tested this assumption by examining how the effect of exclusion risk on pro-group unethical behavior varies as a function of group members' need for inclusion. A 2-wave field study conducted among a diverse sample of employees working in groups (Study 1) …