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2020

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Wiser Assessment: A Communication Program Assessment Framework, Michael G. Strawser, Lindsay Neuberger Jan 2020

Wiser Assessment: A Communication Program Assessment Framework, Michael G. Strawser, Lindsay Neuberger

Journal of Communication Pedagogy

Learning outcome assessment is a fairly recent trend in higher education that began in the 1980s (Lubinescu et al., 2001). Today, many faculty perceive assessment reporting to be tedious, time-consuming, and irrelevant busywork (Wang & Hurley, 2012). Unfortunately, this systematic process created to use empirical evidence to measure, document, and improve student learning has in many cases lost sight of this central goal. As a result, faculty may be justified in their opinions about it. This essay proposes a framework for addressing this thorny issue via WISER. WISER is an acronym for five content pillars of the communication discipline faculty …

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Jail Suicide By Design, David E. Patton, Fredrick E. Vars Jan 2020

Jail Suicide By Design, David E. Patton, Fredrick E. Vars

Essays, Reviews, and Shorter Works

Jeffrey Epstein’s death in the federal jail in downtown Manhattan was the result of a conspiracy. But the conspirators were not the Clintons, President Trump, or Prince Andrew. Instead, his death, like too many others, was the result of a longtime conspiracy of lawmakers and actors within the criminal legal system itself. Several features of our legal system seem almost designed to promote suicide in jail. This Article examines and proposes solutions to two of those features: (1) jail conditions are inhumane in part because inmates face often insurmountable obstacles to hold jailers accountable; and (2) high rates of pretrial …

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Radical Method, Richard Delgado, Jean Stefancic Jan 2020

Radical Method, Richard Delgado, Jean Stefancic

Essays, Reviews, and Shorter Works

Should traditional liberals and insurgent scholars who disdain "the system" nevertheless work together? They start at different points, build on clashing presumptions, and follow different methodologies. Nevertheless, they often come out the same way. Indeed, practitioners of the standard cases-and-policies approach sometimes end up instinctively applying radical techniques, such as the flip or shift of point of view, to great effect. After analyzing a number of examples, we conclude that progressive scholars should not reflexively reject lawyering that proceeds in the time- honored manner merely because it strikes them as quaint or square. By the same token, neither should they …

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Borders By Consent: A Proposal For Reducing Two Kinds Of Violence In Immigration Practice, Richard Delgado, Jean Stefancic Jan 2020

Borders By Consent: A Proposal For Reducing Two Kinds Of Violence In Immigration Practice, Richard Delgado, Jean Stefancic

Essays, Reviews, and Shorter Works

We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate and make sense only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders that address the many sovereignty and federalist problems inherent in border design by a close examination of the policies that different borders for example, the one between California and Mexico-need to serve in light of the populations living nearby. We build on our …

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Love In The Time Of Cholera, Richard Delgado, Jean Stefancic Jan 2020

Love In The Time Of Cholera, Richard Delgado, Jean Stefancic

Essays, Reviews, and Shorter Works

A famous novel by Gabriel Garcia Mdrquez describes a love story among three actors that took place in a city in Colombia during the time of cholera. The interpersonal dynamics that unfold in this work by a Nobel Prize winning writer offer insight into events taking place today. We show how the urge to romanticize emotions during a time of great social stress, as well as the desire to cleave to a strong leader, explain events in Garcia Mirquez's mythical country, as well as in ours today. We draw conclusions about how citizens should respond to Donald J. Trump's unloving …

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Research Handbook On Feminist Engagement In International Law [Book Review], Penelope Andrews Jan 2020

Research Handbook On Feminist Engagement In International Law [Book Review], Penelope Andrews

Articles & Chapters

No abstract provided.

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Get With The Pronoun, Heidi K. Brown Jan 2020

Get With The Pronoun, Heidi K. Brown

Articles & Chapters

No abstract provided.

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Introduction To Family Law Quarterly, Volume 54, Number 1, Lisa Grumet Jan 2020

Introduction To Family Law Quarterly, Volume 54, Number 1, Lisa Grumet

Articles & Chapters

No abstract provided.

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Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger Jan 2020

Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger

Articles & Chapters

This article describes the origin and development of the modern Thai legal profession. Intimately linked in origin to the development of the modern Thai state, the legal profession increasingly resembles the profession in economically developed democracies. Paralleling other regional developments, Thailand’s rapid economic development, constitutional reforms, and expanding judicialization drives many of the most important changes in the education and function of lawyers. Significant differences continue to exist between the profession in Thailand and legal professions in developed democracies, reflecting the profession’s origins and the continuing influence of consciousness and class structure as well as Thailand’s peculiarly semi-democratic and monarchical …

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Foreword: The Conflict Over The Conflict: The Israel/Palestine Campus Debate, Nadine Strossen Jan 2020

Foreword: The Conflict Over The Conflict: The Israel/Palestine Campus Debate, Nadine Strossen

Articles & Chapters

No abstract provided.

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Foreword, In Kenneth Stern’S The Conflict Over The Conflict: The Israel/Palestine Campus Debate, Nadine Strossen Jan 2020

Foreword, In Kenneth Stern’S The Conflict Over The Conflict: The Israel/Palestine Campus Debate, Nadine Strossen

Articles & Chapters

No abstract provided.

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Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear Jan 2020

Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear

Articles & Chapters

The battle between First Amendment expression and privacy interests in twenty-first century America is in full force. In Foster v. Svenson, a photographer used a high-powered camera to take snapshots of his neighbors. The New York court ruled that it was art and therefore immune from New York’s privacy statute. Constrained by New York’s ineffective privacy statute, the court’s ruling included a cry for the New York legislature to act.

Privacy has become an increasingly powerful right in American law, especially with the growth of technology. Yet the problem with Foster and the New York statute is that the sole …

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A Shield Or A Solution: Confronting The New Copyright Troll Problem, Michael Goodyear Jan 2020

A Shield Or A Solution: Confronting The New Copyright Troll Problem, Michael Goodyear

Articles & Chapters

The past few years have seen the rise of a new threat to American access to knowledge and creativity: the attorney copyright troll. While previous scholarship has focused on the copyright owner as a copyright troll, this note examines the motivations and dangers of the attorney as a copyright troll. Guided by the rewards copyright infringement cases offer and equipped with mass mailed letters threatening thousands of purported infringers, these attorneys are practicing a new brand of copyright law focused on extorting money over pursuing legitimate claims. This poses a danger to the spirit of copyright.

Since the efforts of …

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Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear Jan 2020

Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear

Articles & Chapters

The illicit trade in cultural property is a global phenomenon, powered by criminal networks and smuggling trains that sacrifice local culture for the black market of the art world. Headlines featuring the Islamic State’s lucrative exchange in stolen cultural property, among other incidents, have raised the profile of the illicit cultural property trade on the global stage. Developing countries, as the most prominent source countries of cultural property, are particularly at risk. Existing scholarship has searched for a solution to this crisis, suggesting a new international treaty to protect cultural property or recommending the utilization of adjacent legal fields. However, …

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Cognitive Biases, Dark Patterns, And The ‘Privacy Paradox’, Ari Ezra Waldman Jan 2020

Cognitive Biases, Dark Patterns, And The ‘Privacy Paradox’, Ari Ezra Waldman

Articles & Chapters

Scholars and commentators often argue that individuals do not care about their privacy, and that users routinely trade privacy for convenience. This ignores the cognitive biases and design tactics platforms use to manipulate users into disclosing information. This essay highlights some of those cognitive biases – from hyperbolic discounting to the problem of overchoice – and discusses the ways in which platform design can manipulate disclosure. It then explains how current law allows this manipulative and anti-consumer behavior to continue and proposes a new approach to reign in the phenomenon.

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Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod Jan 2020

Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod

Articles & Chapters

Available at https://www.harvard-jlpp.com/

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Method Lawyering: Immersion Teaching Illustrated, Kris Franklin Jan 2020

Method Lawyering: Immersion Teaching Illustrated, Kris Franklin

Articles & Chapters

Immersive law teaching uses simulated client experiences to drive the learning of legal doctrine, while enriching comprehension and mastery by integrating of a range of lawyering competencies. In an effort to “show, don’t tell,” this Article provides an immersive introduction to immersive teaching though the lens of a family law course. A series of vignettes illustrate student work in the class. The vignettes become jumping off points for more specific discussion of the nuts and bolts of teaching and learning the law in the course, and for broader consideration of possibilities for immersive learning in legal education.

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Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer Jan 2020

Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer

Articles & Chapters

Professor Scherer's talk starts on page 245

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Software Is Scholarship, Houman B. Shadab Jan 2020

Software Is Scholarship, Houman B. Shadab

Articles & Chapters

This Article provides the first systematic account and justification of software applications as works of scholarship. Software is scholarship to the extent that software functionality is derived from scholarly research, software is used as a means to develop scholarship, or software is used as a medium to communicate scholarly ideas. Software applications are superior to articles and books for communicating scholarly ideas because software is not limited by the constraints of traditional written works. Software can communicate using a wide variety of textual components, graphical elements, and programmable interactivity that significantly enhance the ability to communicate scholarly concepts, arguments, and …

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You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin Jan 2020

You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin

Articles & Chapters

Several years ago, I wrote that Bob Dylan was “a scholar with a well-developed jurisprudence on a range of topics including civil, criminal, public, and private law” (Perlin, 2011, p.1396). In that article, I discussed and analyzed Dylan songs that dealt with, variously, civil rights, inequality in the criminal and civil justice systems, institutions, governmental/judicial corruption, equality and emancipation, and the role of lawyers in the legal process. (Id.). But I noted that I was omitting – for space considerations – any discussion of Dylan songs dealing with war and international affairs (Id., p. 1398, n. 15).

In this paper, …

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A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace Jan 2020

A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace

Articles & Chapters

It was a confluence of unrelated events at New York Law School in the spring of 2009 that led to the founding of the Charter High School for Law and Social Justice (CHSLSJ) in the Bronx, New York. Dedicated law school faculty members were crucial to the school’s launch and the law school, its law students and faculty continue to nurture this unique and reciprocal relationship. Professor Richard Marsico was the unstoppable force behind the founding of the charter school and its close connection to New York Law School (NYLS). This article details the origins of CHSLSJ, the current relationship …

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Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace Jan 2020

Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace

Articles & Chapters

The Street Law program at New York Law School (NYLS) is a faculty taught, credit-bearing course that trains law students to teach interactive lessons covering practical legal topics at The Charter High School for Law & Social Justice (CHSLSJ), in the Bronx, New York.

On March 3, 2020, NYLS moved online due to the rapid rise of COVID cases in New York City. Like many clinical and experiential programs, we weighed options that would provide both valuable experiences for our high school and law students while keeping everyone safe.

On Sunday March 15, 2020, the New York City public schools …

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The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati Jan 2020

The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati

Articles & Chapters

No abstract provided.

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Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer Jan 2020

Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer

Faculty Articles

Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise — for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort …

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The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell Jan 2020

The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell

Faculty Articles

The Constitution has not been amended for nearly three decades. During this time, the line in the sand between political parties has morphed into an impenetrable wall that neither side can or is willing to breach. This begs the question whether the constitutional amendment process in Article V is presently functional. If Article V is no longer functional, then the constitutional amendment process itself needs to be amended. Drastic as this sounds, it is the lesser of two evils. The alternative—accepting that Article V is dead and the Constitution cannot be amended—will lead to a distorted world in which the …

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Assessing Program Outcomes Of An M.Ed. Curriculum And Instruction Program: A Comparison Of Face-To-Face To Completely Online Deliverables, James A. Telese, Gregory Chamblee Jan 2020

Assessing Program Outcomes Of An M.Ed. Curriculum And Instruction Program: A Comparison Of Face-To-Face To Completely Online Deliverables, James A. Telese, Gregory Chamblee

Teaching and Learning Faculty Publications

Many mathematics education degree programs, especially at the graduate level, are now transitioning to an online format. There is a need to document how mathematics content and content pedagogy are assessed in an online environment. The objectives of this chapter are to document how a public higher education institution in Texas transitioned their master's degree program for mathematics teachers from a face-to-face program to an online program and how this transition impacted the assessment process related to the learning of content and pedagogical content knowledge.

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In A World Of "Fake News," What's A Social Media Platform To Do?, Evelyn Aswad Jan 2020

In A World Of "Fake News," What's A Social Media Platform To Do?, Evelyn Aswad

Faculty Articles

While the circulation of disinformation and misinformation online can pose a variety of risks to societies around the world, it should also be of concern that overreacting to such false information can undermine human rights, including freedom of expression. The business operations of global social media platforms frequently intersect with this latter concern because of a spike in the adoption of national laws that ban “fake news” as well as their own platform policies to tackle false information. This Essay assesses the corporate responsibility standards afforded by the United Nations’ Guiding Principles on Business & Human Rights as well as …

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Losing The Freedom To Be Human, Evelyn Aswad Jan 2020

Losing The Freedom To Be Human, Evelyn Aswad

Faculty Articles

In 2019, Apple’s CEO warned that contemporary business models, which are based on harvesting our personal data and monetizing everything we do online, violate our privacy and will eventually cause us “to lose the freedom to be human.” Others have taken this privacy concern a step further by questioning whether these business models undermine mental autonomy, i.e., the ability to think and form opinions. The burgeoning chorus of concerns has triggered a variety of high-profile calls to explore whether international human rights law protects against intrusions on the inner sanctum of one’s mind, particularly with respect to the business models …

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To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Aswad Jan 2020

To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Aswad

Faculty Articles

Global social media platforms are grappling with whether to align their corporate speech codes with international human rights law. Facebook’s June 2019 report that summarized worldwide feedback about its proposed independent oversight board for content moderation noted a split in stakeholder opinions on this topic. The UN’s top expert on freedom of expression as well as many civil society members recommended that Facebook anchor its content moderation in the international human rights law regime. Others expressed concern that this legal regime would not be sufficiently protective of speech and contained inconsistencies that create problems for content moderation. Those concerns were …

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Police Funding, Stephen Rushin, Roger Michalski Jan 2020

Police Funding, Stephen Rushin, Roger Michalski

Faculty Articles

A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct and unnecessary criminalization, particularly in communities of color. This Article considers these calls for the defunding of police. It ultimately cautions against widespread defunding of police and offers an alternative proposal. Part I brings together multiple national databases on local government expenditures to evaluate empirically how states and municipalities fund …

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