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Chai And Conversation: Crafting Field Identities And Archaeological Practice In South Asia, Teresa Raczek, Namita S. Sugandhi

Faculty Articles

In this article, we present examples from four research projects in India that were influenced by the values and ethics of decolonized and participatory research, and shaped by engendered perspectives. Each project built on earlier experiences that forced us to critically examine the ways we engaged with participants, crafted our field identities, and formed relationships. Using insights from linguistic anthropology and attending to intersectional inequalities and the construction of epistemic authority, we showcase how conducting an ethnography of communication and employing tactics of intersubjectivity influenced archaeological outcomes. We argue that close attention to context of communication, identity expression, and intersectional …

Exemplary Legal Writing 2019: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

Part of the purpose of recommending exemplary law books of the past year to readers of the Green Bag is to bring to their focus books even such erudite readers may not have noticed that nonetheless deserve their attention.

Exemplary Legal Writing 2019: Five Recommendations, G. Edward White, Sarah Seo

Faculty Scholarship

In the song “Natalie Cook” from the musical podcast “36 Questions,” a married couple deals with the fallout from the husband’s discovery that his wife is really an individual named Judith, who “built a past / Made up a history / Details that fit this person named / Natalie.” When the husband accuses the wife, “You’re the one who made her up,” Natalie/Judith responds, “It was a bit more collaborative than you’re remembering.”

Election Law Localism In The Time Of Covid-19, Richard Briffault

Faculty Scholarship

In just a few short months, the COVID-19 pandemic has already provoked multiple election law disputes. These have tended to track the same normative and policy conflicts that have marked election law for years, particularly the tension between strict adherence to preexisting rules and the willingness to stretch or relax those rules in order to deal with emergency conditions, and the overlapping debate over whether the primary threat to the integrity of the electoral system is fraud or the legal and administrative obstacles to voting during a pandemic. A third, but much less discussed, strand in the emerging COVID-19 election …

The Development, Validation, And Application Of The Eelgrass Health Index, Nicholas Anderson

Master's Theses and Capstones

Eelgrass (Zostera marina L) provides essential habitat and forage for waterbirds, fish, and other coastal marine species, nutrient and sediment capture which improves water quality, carbon storage, and wave energy buffering which reduces coastal erosion. Changes in its health can indicate other coastal ecosystem changes. Since the 1980s, eelgrass beds have declined in James Bay, Québec. The eelgrass decline coincided with a decrease in the abundance of migratory Brant and Canada geese visiting the coastal eelgrass meadows, which the geese rely on for forage during their spring and fall migrations. Geese are important species to the coastal First Nation Cree …

Human Dimensions Research For Informed Decisions About Aquatic Restoration In New Hampshire: Environmental Justice In Implementation Of Compensatory Mitigation, Simone Tania Chapman

Master's Theses and Capstones

New Hampshire’s aquatic resources provide many important ecosystem services and values, such as recreation, wildlife habitat, flood storage, nutrient reduction, community identity and aesthetic enjoyment. However, the many competing interests that seek to benefit from New Hampshire’s aquatic resources present challenges for efforts to steward public aquatic resources in the public interest. This thesis presents findings about the environmental justice outcomes of New Hampshire’s compensatory mitigation program, the Aquatic Resource Mitigation (ARM) fund, to inform aquatic restoration policy.

Previous studies have found evidence that aquatic restoration programs can lead to systemic resource relocation and patterns of inequality in outcomes. Using …

Picking The Low-Hanging Fruit: A Short Essay For Michael Klausner, Ronald J. Gilson

Faculty Scholarship

The articles that comprise this issue of the Journal of Corporation Law were first presented at a conference held at the Wharton School and co-sponsored by Wharton together with Columbia and Stanford Law Schools. The event was organized by my friend Peter Conti-Brown, to whom I am grateful for both the thought and the effort. Standing alone, the thought that the conference was warranted would have been extremely generous. However, anyone who has organized a conference knows that the idea for such events can be exciting, but what follows is an amount of work that had it been anticipated would …

Claim Preclusion And The Problem Of Fictional Consent, Lindsey Simon

Scholarly Works

The doctrine of claim preclusion promotes fairness and finality by preventing parties from raising claims that already were (or could have been) raised in a prior proceeding. This strict consequence can be imposed only when the litigant received minimal due process protections in the initial proceeding, including notice and direct or indirect participation.

Modern litigation has caused a new problem. In some cases, a party may be precluded from ever raising a claim on the grounds of “fictional consent” to a prior court’s decisionmaking authority. Litigation devices have expanded the potential reach of judgments through aggregation and broad jurisdictional grants, …

The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey Simon

Scholarly Works

Litigation systems create dangers of unfairness. Citizens worry, and should worry, about exploitive settlements in aggregate litigation, potential biases in administrative proceedings, and troubling power imbalances in criminal trials. Public confidence in adjudicative processes has eroded to an all-time low. This Article explores the untapped potential of adding independent watchdog entities to address systemic threats to the integrity of government decisionmaking. These entities, which I call “guardian trustees,” do not fit within the traditional framework of our adversary system. Though guardian trustees already operate in bankruptcy proceedings, they have thus far received little attention in scholarly literature. This Article begins …

Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph S. Miller

Scholarly Works

The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019, at which I presented this research—but in the past 20 decades. In gathering the entire body of the Court’s i.p. caselaw, for a study with citation-network-analysis tools, I found that patent cases greatly outnumber trademark and copyright cases. Moreover, patent cases, especially patent & antitrust cases, dominate the metrics for the most central cases in the citation network. One …

Marshall Shapo's "Constitutional Tort" Fifty-Five Years Later, Michael Wells

Scholarly Works

In 1965, Northwestern University Law Review published Professor Marshall Shapo’s article, Constitutional Tort: Monroe v. Pape and the Frontiers Beyond.1 Professor Shapo’s paper analyzed the origins of constitutional tort law, which consists of suits for damages for constitutional violations committed by government officials or the governments themselves. The article began with an account of the post-Civil War background of 42 U.S.C. § 1983, a statute enacted in 1871 to enforce the Fourteenth Amendment. After the Civil War, recalcitrant southerners, acting through groups like the Ku Klux Klan, intimidated the freedmen and their white supporters, organized lynch mobs, burned houses, and, …

Glimpses Of Women At The Tokyo Tribunal, Diane Marie Amann

Scholarly Works

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the …

Dual Class Stock In Comparative Context, Christopher Bruner

Scholarly Works

Review of the article by Marc T. Moore, Designing Dual Class Sunsets: The Case for a Transfer-Centered Approach, University College London Faculty of Laws Working Paper No. 9/2019, available at SSRN.

The Future Of Space Governance, Melissa J. Durkee

Scholarly Works

Fifty years after the first moonwalk, the prospect for a new set of multilateral agreements governing outer space is remote, yet the legal questions raised by activity in space are mounting. With little prospect of new treaties, nations will need to make do with existing treaty law, generate customary rules to govern new applications, or develop forms of sub-legal understanding and cooperation. This special conference issue of the Georgia Journal of International and Comparative Law addresses these questions.

“Sorry I Didn’T Hear You.” The Ethics Of Voice Computing And Ai In High Risk Mental Health Populations, Fazal Khan, Christopher Villongco

Scholarly Works

This article examines the ethical and policy implications of using voice computing and artificial intelligence to screen for mental health conditions in low income and minority populations. Mental health is unequally distributed among these groups, which is further exacerbated by increased barriers to psychiatric care. Advancements in voice computing and artificial intelligence promise increased screening and more sensitive diagnostic assessments. Machine learning algorithms have the capacity to identify vocal features that can screen those with depression. However, in order to screen for mental health pathology, computer algorithms must first be able to account for the fundamental differences in vocal characteristics …

Neuroscience And Mental Competency: Current Uses And Future Potential, John B. Meixner Jr.

Scholarly Works

One major conundrum in the field of law and neuroscience is that the mental states that are most relevant to legal determinations are often mental states that occurred in the past, and can longer be assessed. Could the defendant, at the time he committed the crime, have had the cognitive capacity to satisfy the required mens rea for the crime charged? Was an individual's tortious conduct intentional or inadvertent? Even if the field of neuroscience eventually gains the ability to provide data relevant to understanding of immediate mental states, those data will be unavailable to legal actors by the time …

Monopolizing Free Speech, Greg Day

Scholarly Works

The First Amendment prevents the government from suppressing speech, though individuals can ban, chill, or abridge free expression without offending the Constitution. Hardly an unintended consequence, Justice Oliver Wendell Holmes famously likened free speech to a marketplace where the responsibility of rejecting dangerous, repugnant, or worthless speech lies with the people. This is supposed to maximize social welfare since the market is believed to promote good ideas and condemn bad ones better than the state. Nevertheless, anxiety is mounting that large technology corporations exercise unreasonable power in the marketplace of ideas.

Because the ability of “big tech” to abridge speech …

Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White

Scholarly Works

Clark County School District v. Breeden, to my mind, has always been a sleeper case. A per curiam opinion, it takes up no more than five pages in the US reports, yet when I taught this case to my employment discrimination students, we often would spend a full class period – and sometimes more – on it. Why? Because it presents virtually every issue that can crop up under section 704 of Title VII of the Civil Rights Act of 1964, the statute’s antiretaliation provision.

Distortion Of Income In A Single-Factor Sales Formula World, Walter Hellerstein

Scholarly Works

In this article, Hellerstein describes the framework governing constitutional challenges to state income tax apportionment formulas in light of the widespread adoption of single-factor sales formulas and speculates as to whether a recent Michigan court decision invalidating the application of such a formula on constitutional grounds might be a harbinger of things to come.

The Shadow Judiciary, Charlotte S. Alexander, Nathan Dahlberg, Anne M. Tucker

Scholarly Works

Magistrate judges function as a shadow judiciary, assisting U.S. district court judges-and sometimes standing in their shoes-in managing caseloads, resolving disputes, making law, and choosing winners and losers. Yet we lack basic knowledge about magistrates themselves, the rules that govern their activity, and the ways in which they execute their duties. To fill those gaps, this Article offers a detailed typology of the district-level local rules and standing orders that govern magistrate operations in civil cases. It also describes a case study of ten years of magistrate practice in a single federal district court, the U.S. District Court for the …

Buyer Beware: Variation And Opacity In Esg And Esg Index Funds, Dana Brakman Reiser, Anne M. Tucker

Scholarly Works

Evidence of the tremendous rise in the significance of environmental, social, and governance (ESG) investing is coming from all quarters. Fund flows into ESG investment vehicles are growing at a sustained and sometimes exponential pace. Fund complexes are rushing to design products, creating and rebranding scores of mutual funds and exchange traded funds (ETFs), including lower-cost indexed options. Industry leaders, critics, and commentators are all heralding the sea change as a shift in investing-and corporate governance-to more broadly consider environmental and social factors. This Article provides vital context for this conversation. Its descriptive account of the ESG investment landscape drawn …

Internal Business Control Systems In Small Puerto Rican Retail Businesses, Belma A. Borras

Walden Dissertations and Doctoral Studies

Small businesses' vulnerability to financial losses brought about by employee theft is higher than for larger organizations. Small business owners are concerned about occupational fraud, as the annual average loss from fraud for small business owners in the United States was $150,000 per incident. Grounded in the fraud triangle theory and COSO Internal Control Integrated Framework, the purpose of this quantitative correlational study was to examine the relationship between the degree of segregation of duties, attitude toward internal controls, and the internal control system in small gas and convenience stores in Puerto Rico. Data were collected from 129 small business …

Collective Preclusion And Inaccessible Arbitration: Data, Non-Disclosure, And Public Knowledge, Judith Resnik, Stephanie Garlock, Annie J. Wang

Lewis & Clark Law Review

When courts enforce mandates to arbitrate, jurists describe themselves as respecting the individuals’ autonomy to enter into contracts that route claimants to a process that is more user-friendly than adjudication. But those rationales are disjunctive with the practices of providers of goods and services and of employers. These companies neither offer individuals choices about dispute resolution mechanisms nor welcome the exchange of information about experiences with arbitration. Instead, companies impose obligations to arbitrate and set the terms. In addition to the increasingly commonplace bans on joint and collective actions in any forum, many providers and employers also seek to mandate …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 24, Issue 3.

Assessment Of Different Seismic Retrofit Systems Of Rc Buildings For Earthquake Risk Mitigation, Aya Ragab Mohamed Abou Ei-Hamd

Theses

Many existing Reinforced Concrete (RC) structures were designed and constructed at a time when design codes were insufficient according to current standards. This class of structures is at risk of damage when subjected to strong earthquake loading. Therefore, several seismic retrofit techniques have been investigated experimentally to increase the earthquake resistance and damage-control potential of pre-seismic code structures using different methods such as quasi-static and pseudo-dynamic testing. However, a limited number of studies have focused on investigating the overall seismic performance of retrofitted RC structures using shake table testing. The first task of this study assesses analytically and experimentally the …

Disintegration From Within And Open Indonesian Identity, Sugeng Bayu Wahyono

Antropologi Indonesia

This article analyzes various primordialistic conflicts coupled with ethnic and religious sentiments that occurred in the post-New Order Indonesia. It uses secondary data collected from various sources of literature. The analysis uses a cultural study approach that specifically focuses on the theory of essentialism and anti-essentialism concerning ethnicity and identity. Essentialism understands ethnicity and identity as a construct anchoring on a fixed and timeless value, while anti-essentialism understands it as a discursive in nature. By discussing the essentialist vis-à-vis anti-essentialist view in constructing state–religion relations in present day Indonesia, this article tries to reveal the underlying construct of Indonesian identity …

Sando Pea: Between Tradition And Health Challenge Among Kaluppini Indigenous People, Nurbaya -, Wahyu Chandra

Antropologi Indonesia

Sando pea was a name for traditional birth attendants among Kaluppini people of South Sulawesi, Indonesia. The presence of traditional birth attendants was considered one of the factors that cause delays in accessing health facilities for mothers. It resulted in high maternal mortality rate, especially in developing countries, including Indonesia. The study aimed to explore and describe the role of traditional birth attendants among Kaluppini people and the health challenges faced by this community in accessing health facilities. Using qualitative approach, data were collected through indepth interviews and focus group discussions. A total of 6 sando peas and 67 mothers …

Human Security, Cultural Integrity, And Development: The Manobo Case, Alvaro N. Calara

Journal Article

The long history of colonization and encroachment spurred growth and development in almost all parts of the world. Lagging, however, is the continuous struggle of the indigenous peoples (IPs) and indigenous cultural communities (ICCs) for a better life, most of whom are still at the brink of basic survival. In the case of the Philippines, the Republic Act 8371 also known as the Indigenous Peoples' Right Act (IPRA) of 1997 enshrined the IPs' rights to their ancestral lands and domain, self-governance and empowerment, social justice and human rights, and cultural integrity.

In case where the pursuit of development impinges upon …

The Mistress, The Mother, And The Maid: Unearthing The Compulsory Hrterosexuality Of Women In Merlinda Bobi's Banana Heart Summer, Reya Mari S. Veloso

Journal Article

Bobi's Banana Heart Summer is a Novel that follows the story of Nenita as she comes of age neighborhood of Remedios Street, a fictional setting situated in the province of Bicol. The novel is a successful sketch of how families, neighbors, recipes, and even rumors keep a town thriving.

This paper deals primarily with the textual analysis of the poignant female characters of the novel: Violeta, Marina roles. This paper arrives at the conclusion that compulsory heterosexuality is present in the novel and that patriarchal power is exercised by both male characters and the state/community itself by structuring and relegating …

Table A2c. Bpsou 2020 Wet Weather Water Quality Results - General Chemistry, Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.