Digital Commons Network^™

Protest Is Different, Jessica L. West

University of Richmond Law Review

No abstract provided.

No Need To Fear Robots: Online “Bot” Use Under The Computer Fraud And Abuse Act, Peter F. Bariso Iii

Student Works

No abstract provided.

The Real Homeland Security Gaps, Areto A. Imoukuede

Journal Publications

This Article reveals the real security gaps in FPS and suggests that the enormous delegation of FPS's vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. However, the current constitutional doctrine regarding inherently governmental functions is so weak that even this obvious example of a vital security function that ought to be performed by government fails to satisfy the current constitutional standard for being inherently governmental. Part II presents the FPS federal infrastructure mission and the real homeland security gaps created by post 9/11 policies that have undermined FPS security capabilities. …

The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer

School of Law Faculty Publications

In The Transformation of South African Private Law after Ten Years of Democracy, 37 COLUM. HUM. RTS. L. REV. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …

2016-2017 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

On Wings Of Hope, Volume 20, No. 1, 2016, Phadp, Esther Brown, Ronald Smith Jr, Kim Van Pelt, Randy Lewis, Maximus Strong, Marcus Williams, Bart Johnson

On Wings of Hope

January–March 2016 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Disengagement From Ideologically-Based And Violent Organizations: A Systematic Review Of The Literature, Steven Windisch, Peter Simi, Gina Sott Ligon, Hillary Mcneel

Sociology Faculty Articles and Research

Research on disengagement from violent extremism is an emerging field of inquiry. As compared to the related field of radicalization, there have been fewer studies of disengagement. Further, little effort has been made to conduct a large scale, systematic review of what is currently known about disengagement from violent extremism. This type of meta-literature assessment can play an important role in terms of informing strategies and programs designed to facilitate exit. To help fill this gap, our project systematically examines the disengagement literature to determine the range and frequency of various exit factors identified in previous studies. We also rely …

Blood Relations: Analyzing Kinship Based, Gang-Related Asylum Claims Under The Lens Of Understanding Particular Social Groups, Maria S. Hwang

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Roles Of Litigation In American Democracy, Alexandra D. Lahav

Emory Law Journal

Adjudication is usually understood as having two functions: dispute resolution and law declaration. This Article presents the process of litigation as a third, equally important function and explains how in litigation, participants perform rule of law values. Performativity in litigation operates in five ways. First, litigation allows individuals, even the most downtrodden, to obtain recognition from a governmental officer (a judge) of their claims. Second, it promotes the production of reasoned arguments about legal questions and presentation of proofs in public, subject to cross examination and debate. Third, it promotes transparency by forcing information required to present proofs and arguments …

Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Reflections Of A Child Of The Sixties—I Have Lived To See The Post-Constitutional Era Through Guantánamo Bay Litigation, Stewart “Buz” Eisenberg

Western New England Law Review

This Article provides examples of how the Constitution’s Article III courts craft ways to amplify the voice of the voiceless and are the caretakers of a delicate constitutional democracy -- a democracy specifically designed to require its protection, governed by the Rule of Law. The Author described cumulative change in the wake of the atrocities of World War II from the Sixties when he was a child through the Civil Rights Act of 1964, the Warren Court, the Voting Rights Act, post-September 11, and finally to the dreadful theatre of Guantánamo Bay. Without the judiciary’s vigilance of the delicate balance …

2016-2017 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

2016-2017 Undergraduate Course Descriptions, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

2016-2017 Graduate Course Descriptions, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

2016-2017 Graduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

Are Corporate Wellness Programs Hazardous?, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Law-Medicine Center Co-Directors participate in White House Precision Medicine Initiative
• Law-Med Center Associate Director named the law school’s first Associate Dean for Diversity
• Dual Degrees in health-related fields
• Markus Willoughby selected for ‘California Lawyer Attorney of the Year’ award
• Alumna brings health law expertise to the American Academy of Dermatology
• Students receive stipends for their health law summer internship programs
• Aging with a Plan receives national publicity
• Class of 2016 health law grad published in Journal of Medical Ethics 
• Faculty and Scholarly Updates
• Law professor submits amicus brief in Whole Woman’s Health v. Hellerstedt

Innovation At The Front Lines, Pamela K. Chen

NYLS Law Review

No abstract provided.

An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias

NYLS Law Review

No abstract provided.

Illicit Trade As A Countervailing Effect: What The Fda Would Have To Know To Evaluate Tobacco Regulations, Mark Kleiman, James E. Prieger, Jonathan Kulick

All Faculty Open Access Publications

The Family Smoking Prevention and Tobacco Control Act [P.L. 111–31] gives the US Food and Drug Administration (FDA) the authority to regulate tobacco products, including placing restrictions on product composition, sale, and distribution. A complete accounting of the costs and benefits of any tobacco regulation includes harms from possible illicit trade in tobacco products (ITTP): costs of enforcement, violence, incarceration, etc. Indeed, the law instructs the FDA to take into account the “countervailing effects” of regulation on public health, “such as the creation of a significant demand for contraband or other tobacco products that do not meet the requirements.” While …

The Presidency And Political Equality, John Griffin, Brian Newman

All Faculty Open Access Publications

When black Americans and white Americans want the president to do different things, who wins? When low-income earners prefer different government action than do middle and high-income earners, whose preferences are reflected in presidential behavior? Recent studies show that congressional behavior often most closely follows the preferences of the white and the wealthy, but we know relatively little about presidential behavior. Since the president and Congress make policy together, it is important to understand the extent of political equality in presidential behavior. We examine the degree to which presidents have provided equal representation to these groups over the past four …

Unintended Consequences Of Cigarette Prohibition, Regulation, And Taxation, Jonathan D. Kulick, James E. Prieger, Mark A. R. Kleiman

All Faculty Open Access Publications

Laws that prohibit, regulate, or tax cigarettes can generate illicit markets for tobacco products. Illicit markets both reduce the efficacy of policies intended to improve public health and create harms of their own. Enforcement can reduce evasion but creates additional harms, including incarceration and violence. There is strong evidence that more enforcement in illicit drug markets can spur violence. The presence of licit substitutes, such as electronic cigarettes, has the potential to greatly reduce the size of illicit markets.

We present a model demonstrating why enforcement can increase revenues in the illicit market, show that states with higher tobacco taxes …

"Stop Resisting!" : An Exploratory Study Of Police Brutality And Its Impacts On Black And Latino Males, Their Communities, Mental Health And Healing, Manuel A. Ortiz

Theses, Dissertations, and Projects

The purpose of this qualitative research study was to explore the impacts of police violence on Black and Latino males and their communities while also examining avenues of healing that could be helpful for survivors. Generally, this study focused on this question: What is the potential mental health effect of police brutality on Black and Latino males and what are avenues for healing for those affected? Twelve individual participants who identified as activists, advocates, or organizers in the Bay Area of Northern California participated in qualitative interviews that explored the impact of police violence and healing avenues. Participants were asked …

Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams

University of Michigan Journal of Law Reform

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

The Incremental Retributive Impact Of A Death Sentence Over Life Without Parole, Michael L. Radelet

University of Michigan Journal of Law Reform

In this paper, the author takes a closer look at retribution, which is the primary justification for the death penalty today in the United States and the main component of the additional punishment imposed by the death penalty over and above life imprisonment without parole (LWOP). While all criminal punishments, to varying degrees, punish both the inmate and his or her family, this paper argues that the death penalty’s added punishment over LWOP often punishes the family just as much as the inmate, and after the execution the full brunt of the punishment falls on the family. This added impact …

Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum

University of Michigan Journal of Law Reform

This Note argues that although states should retain the parental discipline defense, their legislators should rewrite their statutes to limit the defense to a specific range of disciplinary methods that social science research has shown to have either net-beneficial or net-neutral effects on children. Part II explores religious and cultural attitudes about corporal punishment, including an overview of traditional American attitudes toward corporal punishment. Specifically, it explores how religious teachings, including Evangelical Christianity, Methodism, and Judaism, affect attitudes towards parental discipline. Additionally, Part II will examine the build-up to and aftermath of Sweden’s ban on corporal punishment—the first nation worldwide …

Retention And Reform In Japanese Capital Punishment, David T. Johnson

University of Michigan Journal of Law Reform

This Article focuses on the failure of abolition and of death penalty reform in Japan in order to illustrate contingencies in the trajectory of capital punishment in the modern world. Part I describes three facts about postwar Japan that help explain why it retains capital punishment today: a missed opportunity for abolition during the American occupation of the country after World War II; the long-term rule of a conservative political party; and economic and geopolitical power that has enabled the country to resist the influence of international norms. Part II describes a few ways in which Japanese capital punishment has …

Table Of Contents

Richmond Journal of Law and the Public Interest

Table of Contents for the Richmond Journal of Law and the Public Interest Symposium 2015 Issue

Meta-Mindfulness: A New Hope, Peter Huang

Richmond Journal of Law and the Public Interest

This Essay starts by tracing its humble origins to an earlier, related and unique law review article, namely, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting. This Essay describes various professional responses to Tiger Cub Strikes Back, provides an update of some developments in research about parenting and legal education since Tiger Cub Strikes Back, and recounts a few personal stories about mindfulness and related to being an ex-child prodigy. This Essay then analyzes meta-mindfulness, defined as mindfulness about mindfulness. This Essay discusses how mindfulness about mindfulness can help facilitate the positive transformation of …

Toward Lawyering As Peacemaking: A Seminar On Mindfulness, Morality, And Professional Identity, Angela P. Harris

Richmond Journal of Law and the Public Interest

In the last few years, a number of books and articles have touted the idea that lawyering should be seen as a form of “peacemaking.” The peacemakers argue that “new lawyer” practices, such as “holistic lawyering,” “collaborative lawyering,” and old and new forms of alternative dispute resolution are transforming lawyering itself. Instead of pursuing victory over the opposing party, lawyers are looking for mutually beneficial settlements; in- stead of functioning as gladiators, lawyers are becoming experts at “trans- forming practices,” finding ways to bring peace and happiness to them- selves and their clients.

In the fall of 2010, Professor Stephanie …

Pro Bono Scholastici: Getting Out Of The Building While Remaining In The Classroom, B. Allen Wall

Richmond Journal of Law and the Public Interest

The author discusses his experience in developing his personal identity in law school and cultivating purpose while helping one illegal immigrant faced with deportation.