Digital Commons Network^™

Going To Extremes: The National Parent Teacher Association And Political Extremism In The 1960s, Sarah E. Heath

Midwest Social Sciences Journal

In the 1960s, the National Parent Teacher Association (PTA) reported efforts at “infiltration” by conservative extremist groups, including the John Birch Society (JBS). Extremists sought to take over PTA meetings to obtain a mainstream platform for minority opinions. The PTA parried extremists’ efforts with a deluge of activities and publications dedicated to democratic fair play and research-based approaches to education. In spite of a coherent plan for dealing with such techniques in the 1960s, the methods used by the Birch Society and other conservative extremist groups appear to have resumed in contemporary educational discussions. Once again, opinions that appeal to …

Race And Racism In The Historical Imagination: Slavery And Civil Rights In Popular Culture, Denise Lynn, Sakina Hughes, Aimee Adam

Midwest Social Sciences Journal

Because Hollywood films often lack black representation, films on slavery and civil rights often fail to recognize the roles that black Americans have played in their own emancipation from slavery and in the civil rights movement. Our contention is that historically inaccurate films perpetuate inaccurate understandings of Black history and thus inform contemporary race relations. We selected a more and a less accurate film about slavery and about the civil rights movement, discussing these four films in terms of their historical context.

We also conducted an experiment. After watching one of the four movies, or after viewing no movie, participants …

“We Are A Very Happy Family”: 19th-Century Familial Power Dynamics, Stella A. Ress

Midwest Social Sciences Journal

This article examines the roles of family members in the mid-19th century in America, using the Willard family as a case study. Ultimately, this thick description of the Willard family demonstrates that power within the family structure was neither intrinsic nor static; moreover, one person did not control the family and its decisions at all times. Instead, each family member, depending upon circumstances, situations, and his or her own nature, negotiated and laid claim to power through various sources of authority. Josiah Willard’s authority stemmed from his role as father and husband; society crowned him king of the household, and …

Crowdfunding Capital In The Age Of Blockchain Based Tokens, Patricia H. Lee

All Faculty Scholarship

Less than three years ago, the Securities and Exchange Commission (“SEC”) adopted investment crowdfunding regulations (“Reg. CF”) to facilitate small companies’ efforts to raise capital and jumpstart employment, providing companies potentially one of the most disruptive transformations in capital markets.

As the lion share of securities are offered under public offerings or Reg. D safe harbor exemptions, outcomes and impacts of Reg. CF offerings are not studied or monitored to the same extent. One line of inquiry is the scope of Reg. CF, including questions about the level of company participation, the types of businesses seeking capital formation, and the …

The Vaccine Race In The 21st Century, Ana Santos Rutschman

All Faculty Scholarship

In a world in which infectious diseases are spreading increasingly faster, the development of new human vaccines remains a priority in biopharmaceutical innovation. Legal scholars have addressed different aspects of vaccine regulation and administration, but less attention has been paid to the role of laws governing innovation during the stages of research and development (R&D) of vaccines.

This Article explores the race to develop new vaccines from its beginnings through the early 21st century, with a particular focus on the progressively pervasive role of intellectual property in governing vaccine innovation. It describes the insufficiencies of current innovation regimes in promoting …

An Incomplete Masterpiece, Chad Flanders, Sean Oliveira

All Faculty Scholarship

The recent wave of popular and academic commentary on Masterpiece Cakeshop sounded a common theme: disappointment, even frustration. Masterpiece was held out as a case that was finally going to explain and resolve the conflicts between free expression, free exercise, and discrimination that were coming up again and again in the lower courts. But Justice Kennedy, the critical consensus went, avoided reaching many of the main First Amendment issues in the case and had instead ruled narrowly, giving us a prime example of"judicial minimalism:•

This assessment may be far too generous. In our short Article, we make the case that …

On The Judicialization Of Health, Ana Santos Rutschman

All Faculty Scholarship

The provision of health care has long been at the forefront of domestic and international debates, philosophical inquiries, and political agendas. A growing body of legal scholarship has added to the debate by examining the role of judicial review in the context of health-related litigation. What role, if any, should courts play in compelling the provision of health care or in furthering access to potentially life-saving medicines?

This question intersects with multiple strands of the law. For instance, it has an institutional component that interrogates the function(s) of courts within systems of checks and balances. It ties into constitutional design …

Eradicating The Label “Offender” From The Lexicon Of Restorative Practices And Criminal Justice, Lynn S. Branham

All Faculty Scholarship

This Essay enumerates three reasons for abandoning the prevailing practice of utilizing the label “offender” when referring to a person who has committed a crime. The Essay next identifies and debunks reasons that have been cited for persisting in referring to a person as an “offender.” The Essay then explores the question of what term or terms could supplant this label and profiles signs of emerging support for desisting from the convention of calling people “offenders.” One of the themes that permeates this Essay is that the language we use when referring to people can thwart systemic and cultural change …

Labeling Sexual Assault Perceptions Associated With Ptsd Symptom Severity, Shania Cole

Murray State Theses and Dissertations

Many agree that sexual assault is a common problem among females, but there is less agreement regarding how to label individuals who experience sexual assault. Most research has examined the connotations associated with the labels, most of which has associated “victim” with negative connotations and “survivor” with positive adjectives. Few studies empirically examine how individuals of sexual assault respond to these labels and how the labels relate to outcomes in these individuals’ lives. Unfortunately, individuals who have experienced an unwanted sexual encounter are at higher risk for developing posttraumatic stress disorder (PTSD). Understanding how these individuals label themselves, and how …

Abstraction,Filtration, And Comparison In Patent Law, Michael Risch

Faculty Publications

No abstract provided.

Comparative Analysis Of Innovation Failures And Institutions In Context, Brett Frischmann, Mark P. Mckenna

Faculty Publications

Many different legal and non-legal institutions govern and therefore shape knowledge production. It is tempting, given the various types of knowledge, knowledge producers, and systems with and within which knowledge and knowledge producers and users interact, to look for reductionist shortcuts—in general, but especially in the context of comparative institutional analysis. The temptation should be resisted for it leads to either what Harold Demsetz called the Nirvana Fallacy or what Elinor Ostrom critiqued as myopic allegories.

One easy reductionist step is to focus on a particular dilemma—a particular market failure, for example, ignoring or assuming away others—and then compare institutions …

The Vaccine Race In The 21st Century, Ana Santos Rutschman

Faculty Publications

In a world where infectious diseases spread at increasingly faster rates, the development of new human vaccines remains a priority in biopharmaceutical innovation. Legal scholars have addressed different aspects of vaccine regulation and administration, but less attention has been paid to the role of laws governing innovation during the stages of research and development (“R&D”) of vaccines.

This Article explores the race to develop new vaccines from its beginnings through the early twenty-first century, with a focus on the progressively pervasive role of intellectual property in governing vaccine innovation. It describes the insufficiencies of current innovation regimes in promoting socially …

Three Against Two: On The Difference Between Property And Contract And The Example Of Deposit Accounts In Bankruptcy, Jeanne L. Schroeder, David G. Carlson

Articles

In Citizen's Bank v. Strumpf (1995), Justice Scalia announced that deposit accounts are not "property". Five years later, the Uniform Commercial Code was amended to make deposit accounts collateral for the depositary bank maintaining the account, thereby crowding the field previously occupied by the common law right of setoff. Security interests attach to personal "property." Security interests attach to deposit accounts. Deposit accounts, by syllogistic logic, are property. Does this mean that the UCC has overruled the Supreme Court? We argue not. A deposit account is a mere contract in the two-person universe that contract law presupposes. A deposit account …

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …

Measuring Selection Bias In Publicly Available Judicial Opinions, Alexander A. Reinert

Articles

To have an informed discussion about judicial performance and efficiency, we will sometimes want to explore what judges actually do on an everyday level. But in many ways, courts have not always been paragons of transparency. Often the parties are the only people who are aware of what action a court has taken in a case.

This paper explores that dynamic, in the context of decisions made by federal trial courts at one particular procedural stage--decisions made on motions to dismiss for failure to state a claim--Rule 12(b)(6) motions. There is growing interest in the work of federal trial courts, …

Library Facilities And Services For Differently Abled Students In Universities Of Karnataka: A Study, Chandrakanth Hg Research Scholar, K Ramakrishna Reddy Research Guide

Library Philosophy and Practice (e-journal)

Purpose – In Karnataka, there are considerable number of differently abled persons, who are studying in various educational institutions. It has been observed that some of the educational institutions provided with suitable access facilities in Libraries to the disabled, but majority of them are devoid of this facility. In this article, an attempt has been made to study on the facilities being provided to the disabled users in some of the University Libraries of Karnataka. The facilities being provided are briefed under 3 major categories – (1) Access to resources, (2) Physical access to library building, and (3) Services and …

Winter Feeding Beef Cattle: A Review On Bale Grazing In The Northern Great Plains, Jessalyn Juel Bachler

Range Science

Bale grazing is a relatively unexplored winter feeding option for most beef cattle operations in the Northern Great Plains. Recently, several producers have been looking into using a bale grazing system for winter feeding due to the lower labor requirements and possible reduced cost. When bale grazing, it is not only important to ensure that cattle have adequate nutrition and protection from the winter climate, but also to analyze the positive impacts it has on the ranching ecosystem. Many positive environmental and economic changes have been seen from bale grazing including more efficient nutrient cycling, positive soil health impacts, increased …

Is Strict Reciprocity Required For Fair Trade?, Daniel C.K. Chow, Ian Sheldon

Vanderbilt Journal of Transnational Law

The administration of Donald J. Trump has repeatedly claimed that reciprocity is required for "fair" trade. While this concept is not new in US political discourse, the Trump administration's insistence that strict or absolute reciprocity is required goes beyond any claims made by previous US administrations. By strict reciprocity, the United States means that all trade volumes and terms and conditions of trade must be mirror images of each other. As the United States has a trade deficit with all of its largest trading partners, the Trump administration claims that this is evidence of unfairness in trade harming the United …

O Colapso Do "Joga Bonito": How Fifa's Banishment Of Third-Party Ownership Runs Counter To European Union Law And Has Tarnished The Once Beautiful Game, Brendan A. Bailey

Vanderbilt Journal of Transnational Law

FIFA banned the practice of third-party ownership, the division and sale of a portion of a football player's economic rights to an outside investor, in 2015. The ban was nondiscriminatory, applying to all types of third-party ownership utilized throughout football. Since then, the practice has all but disappeared internationally, with FIFA quashing occurrences of the practice through large fines and other forms of punishment. FIFA's move to ban the practice came shortly after pressure from leagues that banned it years before--principally the English Premier League, one of the most influential leagues in Europe. However, such a ban was largely propped …

Partisanship, Provocation, Protest, And Pugnacity: Communication In A Context Of Conflict - Introduction To The Special Issue, Rachel C. Murdock

Iowa Journal of Communication

No abstract provided.

Front Matter - Table Of Contents - Preface

Iowa Journal of Communication

No abstract provided.

"A Global Environmental Movement That Protects Us All:" Racial Scripts, Counterscripts, And Advocating For Social Change In An Environmental Justice Context, Christopher Scott Thomas

Iowa Journal of Communication

This essay explores the means of advocacy in a letter sent by the Southwest Organizing Project (SWOP) in 1990 that charges mainstream environmentalists with environmental racism. Although the letter is known for its importance in shaping the relationship between environmentalism and environmental justice, engaging the document's collaborative rhetorics illuminates the means by which its signatories crafted resistance and solidarity. To these ends, I argue that the letter crafts links between its signatories based on corresponding structural forces and common concerns. The letter also constructs and advances counter advocacies that work simultaneously as critiques of mainstream environmentalists as well as calls …

Trump, Gender Rebels, And Masculinities, Dara Purvis

Faculty Scholarship

Since the inauguration of President Trump, most of his Administration’s actions have been sharply conservative: notably, his efforts to ban transgender Americans from military service. There have been exceptions, however, such as proposals to create support for paid parental leave, an issue previously championed by Democrats.

This seeming contradiction of progressive and regressive policies can be reconciled by viewing the Trump Administration through the lens of masculinities theory. Hegemonic masculinity depends upon sharp differentiation between “real” men and everyone else, the latter occupying places in a hierarchy far below men. In this reading, Trump’s version of parental support makes sense: …

Women, Rule-Breaking, And The Triple Bind, June Carbone, Naomi R. Cahn, Nancy Levit

GW Law Faculty Publications & Other Works

Two growing literatures critique Hobbesian corporate cultures. Management analyses document the way high-stakes/zero-sum bonus systems undermine, rather than enhance, productivity as they subvert teamwork, valorize self-interested behavior, and weaken ethical standards. This literature treats negative effects of such systems, including lawless and unethical behavior, as the unintended consequences of efforts to shake up complacent institutions or replace an insular old guard with an ambitious and meritocratic new workforce. A second, darker literature terms such Hobbesian environments “masculinities contests” that select for those executives who best exemplify masculine traits such as a single-minded focus on professional success, physical strength, and the …

Are There Universal Standards For Network Neutrality?, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

The regulation of the Internet in general, and network neutrality in particular, has become a priority for many governments around the globe. The United States is no exception. It enacted new rules protecting net neutrality in 2015 and then famously undid them in 2017. Other countries similarly struggle to regulate net neutrality effectively, including Brazil, India and those that comprise the European Union. Most national debates of net neutrality policy tend to be fractious affairs. There is deep disagreement surrounding the best way to approach the issue. In previous work, I have shown how the design and implementation of net …

#Metoo, Wrongs Against Women, And Restorative Justice, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This article considers the allegations that have surfaced against high-profile perpetrators as a sample of the range of accusations raised generally through the #MeToo movement and analyzes the current responses available to redress the wrongs identified. The civil and criminal justice systems provide legal responses to sexual assault and harassment; social media and traditional media have also come to play a responsive role in this movement. The article considers the efficacy of both systems in delivering the resolutions we seek and analyzes the pros and cons of media justice and its potential for delivering just and desirable outcomes for victims …

Child Custody Outcomes In Cases Involving Parental Alienation And Abuse Allegations, Joan S. Meier, Sean Dickson, Chris O'Sullivan, Leora Rosen, Jeffrey Hayes

GW Law Faculty Publications & Other Works

Arguably the most troubling aspect of justice system response to intimate partner violence is custody courts' failure to protect children when mothers allege the father is abusive. Family courts' errors in assessing adult and child abuse, and punitive responses to abuse allegations, have been widely documented.

A significant contributor to these errors is the pseudo-scientific theory of parental alienation (PA). Originally termed parental alienation syndrome (PAS), the theory suggests that when mothers allege that a child is not safe with the father, they are doing so illegitimately, to alienate the child from the father. PA labeling often results in dismissal …

Takeaways From The Conference On The Future Of White House Regulatory Oversight And Cost-Benefit Analysis, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This is Professor Pierce’s summary of a conference on the future of White House regulatory oversight and cost-benefit analysis (cba), along with an explanation of his views on the controversial issues that were discussed.

The participants agreed that OIRA should encourage ex post evaluations of rules, extend oversight to independent agencies, and continue its efforts to maximize the transparency of the review process. They also agreed that Congress should provide OIRA adequate funding and staffing.

Professor Pierce explained why he shares the concern of some of the other participants that the major changes that the Trump Administration is making in …

U.S. Government To Award Billions Of Dollars In Contracts To Open Electronic Marketplaces To Government Customers—Though Serious Questions Remain, Christopher R. Yukins

GW Law Faculty Publications & Other Works

Proposals to the U.S. General Services Administration are due soon in a $6 billion procurement under which multiple no-cost contracts will be awarded to vendors that will open electronic marketplaces to federal users making micro-purchases (generally up to $10,000). Although federal purchase card holders have long been able to make micro-purchases with few regulatory constraints regarding competition, transparency or socioeconomic requirements, this new initiative appears likely to normalize and expand those purchases—and so may revolutionize small purchases in the federal market. This article assesses some of the key concerns -- from cybersecurity to bid protests to pricing -- that still …

The International Law Origins Of American Federalism, Anthony J. Bellia Jr., Bradford R. Clark

GW Law Faculty Publications & Other Works

Courts and commentators have long struggled to reconcile robust federalism doctrines with the text of the Constitution. These doctrines include state sovereign immunity, the anti-commandeering doctrine, and the equal sovereignty of the States. Supporters of such doctrines have generally emphasized the history, structure, and purpose of the Constitution over its precise text. Critics of such doctrines have charged that they lack adequate support in the Constitution and are the product of improper judicial activism. This Article reconciles federalism and textualism by looking to a surprising source—international law. The Constitution contains numerous references to “States”—a term of art drawn from the …