Digital Commons Network^™

Consent Is Not Enough: Why States Must Respect The Intensity Threshold In Transnational Conflict, Rebecca Crootof

Law Faculty Publications

It is widely accepted that a state cannot treat a struggle with an organized non-state actor as an armed conflict until the violence crosses a minimum threshold of intensity. For instance, during the recent standoff at the Oregon wildlife refuge, the U.S. government could have lawfully used force pursuant to its domestic law enforcement and human rights obligations, but President Obama could not have ordered a drone strike on the protesters. The reason for this uncontroversial rule is simple—not every riot or civil disturbance should be treated like a war.

But what if President Obama had invited Canada to bomb …

Change Without Consent: How Customary International Law Modifies Treaties, Rebecca Crootof

Law Faculty Publications

In 1903, Panama ceded its sovereign rights over the Panama Canal to the United States in perpetuity. The 1930 London Naval Treaty required submarines to comply with the contemporary law of war, including the prohibition on neutralizing enemy merchant vessels without having first ensured the safety of their passengers and crew. In 1945, the United Nations Charter prohibited its members from threatening or using force against another state, save for two limited exceptions. And, in 1969, Spain and Morocco concluded a permanent fisheries convention, setting the limit of their territorial seas at twelve miles.

Some of these treaties were bilateral …

War Torts: Accountability For Autonomous Weapons, Rebecca Crootof

Law Faculty Publications

Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they may take actions that look like war crimes—the sinking of a cruise ship, the destruction of a village, the downing of a passenger jet—without any individual acting intentionally or recklessly. Absent such willful action, no one can be held criminally liable under existing international law.

Criminal law aims to prohibit certain actions, and individual criminal liability allows for the evaluation of whether someone is guilty of a moral wrong. Given that a successful ban on autonomous weapon systems is unlikely …

Virginia Practice Series: Jury Instructions, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Virginia Practice Series-Jury Instructions is a continuation and update of previous editions, which won widespread approval among the bench and bar for almost 40 years.

As in the past, this book is primarily confined to the most common areas of jury trial work, torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case records. Where this is not possible, we have set out instructions that should meet both the general rules regarding the form of instructions and the specific substantive legal rules. In the latter cases, close attention has been paid …

Technique For: Determination Of Insect Prey Selection By Insectivorous Bats, Merrill Tawse

Department of Entomology: Distance Master of Science Projects

Utilizing Fecal Pellet Analysis to Determine Prey Selection by Insectivorous Bats: For my Graduate Project I examined culled exoskeleton parts from bat fecal pellets (guano) to determine identifications of the insects preyed upon by a group of bats to their order and often family levels. Culled insect parts were permanently fixed on microscope slides and viewed under a dissection microscope to determine identifications and to quantify the percentage composition that they represented in the bat’s diet. Comparisons were made of prey selected by the different bat species that were foraging at the same location and at the same time. Comparisons …

Athletes Have Rights Too, Right? Investigating The Extreme Unfairness In Sports' Purported Supreme Authority - Why The International Court Of Arbitration For Sport Fails To Reign Supreme, Zachary Gotlib

Cardozo Journal of International and Comparative Law

The note argues that the Court of Arbitration for Sport (CAS), despite its role as a leading body in international sports dispute resolution, fails to achieve true supremacy due to systemic unfairness. CAS lacks key principles of fairness, particularly in its treatment of individual athletes compared to powerful entities like teams and leagues, hindering its ability to be recognized as a supreme judicial body.

Neuronal Insult Either By Exposure To Lead Or By Direct Neuronal Damage Cause Genome-Wide Changes In Dna Methylation And Histone 3 Lysine 36 Trimethylation, Arko Sen

Wayne State University Dissertations

Prenatal and postnatal exposure to pervasive neuro-toxicants such as Lead (Pb) has been reported to causes extensive and diverse changes in the epigenetic profile. Among epigenetic modification, DNA methylation (5mC) is perhaps the most widely studied and has been proposed to be potential early biomarkers for Pb toxicity. Several studies have demonstrated the association between Pb-exposure and 5mC. However most of these studies are restricted to looking at a specific set of target genes or repetitive elements. Therefore, one of the main objectives of our study was to use an unbiased genome-wide approach to look at Pb-exposure associated changes in …

Guiding Griswold: Reevaluating National Organizations' Role In The Connecticut Birth Control Cases, Allison Day

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Myth Of Gender Equality In Turkey: Her Name Or Sir-Name?, Joseph Zand, Bahar Öcal Apaydın

Cardozo Journal of Equal Rights & Social Justice

Gender equality is one of the most contentious matters in the contemporary Turkish society. Unlike in many other parts of the developed world, Turkish women still struggle to use their maiden name, as well as to pass it on to their children upon marriage. A woman's surname is of crucial importance to her identity. Despite the fact that Turkey is a part of the European Civil Law tradition and the Turkish Civil Code has a specific provision regarding women's surnames, Turkey has failed to grant its female population a choice in relation to their surname after marriage. The European Court …

Adult Entertainment Film Contracts: To Enforce Or Not To Enforce?, Elizabeth Lin

Cardozo Journal of Equal Rights & Social Justice

The note argues that adult entertainment film contracts should be enforceable, as the consideration—whether in the form of performance, waiver of privacy, or sexual intercourse—meets legal standards. It posits that evolving social norms and legal precedents, such as the legalization of adult entertainment and the enforceability of cohabitation agreements, support the validity of these contracts, despite historical opposition due to public policy concerns.

Religion's Power Over Reproductive Care: State Religious Freedom Restoration Laws And Abortion, Sophia Martin Schechner

Cardozo Journal of Equal Rights & Social Justice

The note argues that state Religious Freedom Restoration Acts (RFRAs), such as those in Missouri and Alabama, can be strategically used by pro-choice advocates to challenge restrictive informed consent laws for abortion, as these laws may violate the Establishment Clause and unduly burden women's religious freedom. By leveraging state RFRAs, advocates can resist reproductive care restrictions imposed by such laws, offering a novel legal strategy to protect abortion access.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison

Cardozo Journal of Equal Rights & Social Justice

This article argues that workplace discrimination based on hair grooming policies disproportionately impacts African American women. The article seeks to establish that natural hair is an immutable characteristic, as is all hair, made mutable by social policies that impose an "acceptable" standard of beauty that was never meant to include or reflect black women. Often placed under workplace or other institutional grooming policies, the article posits that these policies are no more than a continuation of race-based policies that reflect unlawful stereotyping under Title VII and should be eliminated. Lastly, the article proposes a set of questions that test the …

"A Trial Of Strength In Scenes Of Violence": Building A Case For The Prenatal Rights Of Willing Fathers Towards Custody, Anton Sorkin

Cardozo Journal of Equal Rights & Social Justice

In the 1920s, family law jurisprudence saw the development of a fundamental right to direct the upbringing and education of children by parents. However, in the aftermath of Roe v. Wade, the Supreme Court began a trajectory that culminated in what would amount to a total deprivation of a father's prenatal rights despite an absence of judicial review of these matters. This evolution has created a grave injustice and a violation of the rule of law, in addition to facilitating the breakdown offamily oneness in our culture. While proponents like Lynne Marie Kohm, Michael J Higdon, Mary Totz, and Matthew …

Dirty Laws: A Critique Of The Audiovisual Media Services Regulations 2014 And Section 63 Of The Criminal Justice And Immigration Act 2008, Daniel Haley

Cardozo Journal of Equal Rights & Social Justice

The United Kingdom's recently enacted anti-pornography laws, the Audiovisual Media Services Regulations 2014 and section 63 of the Criminal Justice and Immigration Act 2008, are inconsistent with the European Convention on Human Rights, United Kingdom case law, and United Kingdom public policy. The Audiovisual Media Services Regulations 2014, which bans the sale of a wide array of domestically produced pornography, and the Criminal Justice and Immigration Act 2008, which criminalizes the possession of "extreme pornography, " are among the most restrictive anti-pornography laws in the democratic world. These laws were passed in response to the rise of the Internet, which …

Cutting Female Genital Mutilation From The United States: A European-Influenced Proposal To Alter State And Federal Legal Responses When Affording Relief To Somali Victims In Minnesota, Pooja Shah

Cardozo Journal of Equal Rights & Social Justice

The note advocates for a comprehensive legal and public health approach to combat Female Genital Mutilation (FGM) in the United States, particularly focusing on Somali immigrants in Minnesota. It highlights the inadequacies of current federal and state laws in addressing FGM and proposes a new legislative framework inspired by European models to strengthen penalties, improve enforcement, and raise awareness.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Book, Chapter, And Verse: The Rise And Rise Of The Freedom Of Conscience Movement Post-Windsor And Obergefell, Martina E. Cartwright

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Property's Immortality, Shelly Kreiczer-Levy

Cardozo Journal of Equal Rights & Social Justice

The law ofpost most-mortem transfers assumes an autonomous individual, free to will their property as they see fit. This Article offers a relational critique of this legal reality, and highlights the implications ofsuch a critique for gender equality. Although property's role in supporting relationships and facilitating cooperation has long been celebrated, post-mortem transfers pose a challenge to relational legal theory. It is commonly held that death puts a stop to all relationships and defies all relational commitments. This Article builds on a different perception of death, and argues that the need to transcend mortality is profoundly relational. Property-related projects can …

Rectifying A Wrongful Reaction: Policy Alternatives To Family Detention And Expedited Migration Proceedings Without Representation For Unaccompanied Minors And Other Migrants Seeking Asylum, Noquel A. Matos

Cardozo Journal of Equal Rights & Social Justice

The note critiques the U.S. government's response to the 2014 surge in unaccompanied minors and family units fleeing violence in Central America, arguing that policies such as detention and expedited deportations violated legal and moral obligations. It highlights the Flores v. Johnson case as a pivotal moment in addressing inhumane detention conditions and advocates for policy reforms to restore the U.S. commitment to protecting asylum seekers.

A Limited Right To Be Forgotten To Protect The Privacy Rights Of Juvenile Offenders, Danyaw Chen

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of a right to be forgotten for juvenile offenders in the U.S., inspired by the EU's approach, to protect their privacy and future prospects in the digital age. It critiques the U.S. system for inadequate protection of juvenile privacy and proposes a mechanism to remove certain search results related to juvenile offenses, while addressing constitutional challenges and balancing privacy rights with free speech.

Parental Kidnapping: An Epidemic That Is Escalating, Michael Samson

Cardozo Journal of Equal Rights & Social Justice

The note examines the complex legal and emotional challenges surrounding international parental child abduction, emphasizing the limitations of existing legal frameworks like The Hague Convention and the need for a more comprehensive approach to address this growing issue. It highlights the psychological and jurisdictional complexities involved, particularly when countries like China and Russia are not signatories to the Convention. The analysis advocates for stronger enforcement mechanisms, international cooperation, and preventive measures to protect children and families affected by such abductions.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Housing Intersex Juvenile Offenders, Janae Hunte

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.

Measuring Well-Being: A Review Of Instruments, Philip J. Cooke, Timothy P. Melchert, Korey Connor

College of Education Faculty Research and Publications

Interest in the study of psychological health and well-being has increased significantly in recent decades. A variety of conceptualizations of psychological health have been proposed including hedonic and eudaimonic well-being, quality-of-life, and wellness approaches. Although instruments for measuring constructs associated with each of these approaches have been developed, there has been no comprehensive review of well-being measures. The present literature review was undertaken to identify self-report instruments measuring well-being or closely related constructs (i.e., quality of life and wellness) and critically evaluate them with regard to their conceptual basis and psychometric properties. Through a literature search, we identified 42 instruments …

Technology, Diversity, Web Accessibility, And Ala Accreditation Standards In Mlis, Adina Mulliken

Publications and Research

This paper discusses an interconnection between diversity and technology: web accessibility for all, including people with disabilities. Qualitative interviews were conducted with eight MLIS professors and two students or recent alumni. Findings showed attitudes regarding teaching web accessibility and recruitment of a diverse student body varied between professors who were familiar with web accessibility and those who were not. Participants who were familiar with web accessibility often thought it should be included within ALA Standards for Accreditation. Findings suggested that, in one school, incorporating diversity in their curriculum, including web accessibility, allowed recruitment of a more diverse student body and …

Everything Old Is New Again: Will Narrow Networks Succeed Where Hmos Failed?, Deborah R. Farringer

Law Faculty Scholarship

As health insurers try to navigate the new limitations set forth under the ACA, including prohibitions on denying individuals with pre-existing conditions and limitations on the rating of patients, insurers are looking towards models that will enable them to control costs without access to their usual tools. What they have developed is not so much a new insurance model, but actually a concept that first arose during the rise of managed care; that is, limited provider networks utilized within health maintenance organizations (“HMOs”). These “new” insurance products, often referred to as narrow networks or high-performance networks, offer beneficiaries a more …

Teaching Human Rights: Confronting The Contradictions, John L. Hammond

Publications and Research

No abstract provided.

The Meaning Of The Constitution And The Selection Of Judges, Harold See

Law Faculty Scholarship

In the ongoing debate over the best method for choosing judges, the focus has been on the perceived drawbacks of judicial election without commensurate consideration of either the advantages of popular elections or the disadvantages of the commission system-usually styled the "Missouri plan" or "merit selection." One such consideration is the means of defining the judicial power.

A Search For Blues Brothers: X-Ray Crystallographic/Spectroscopic Characterization Of The Tetraarylbenzidine Cation Radical As A Product Of Aging Of Solid Magic Blue, Marat R. Talipov, Mohammad M. Hossain, Anitha Boddeda, Khushabu Thakur, Rajendra Rathore

Chemistry Faculty Research and Publications

Magic blue (MB⁺˙ SbCl₆⁻ salt), i.e. tris-4-bromophenylamminium cation radical, is a routinely employed one-electron oxidant that slowly decomposes in the solid state upon storage to form so called ‘blues brothers’, which often complicate the quantitative analyses of the oxidation processes. Herein, we disclose the identity of the main ‘blues brother’ as the cation radical and dication of tetrakis-(4-bromophenyl)benzidine (TAB) by a combined DFT and experimental approach, including isolation of TAB⁺˙ SbCl₆⁻ and its X-ray crystallography characterization. The formation of TAB in aged magic blue samples occurs by a Scholl-type …