Digital Commons Network^™

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.

The Classic Arguments For Free Speech 1644-1927, Vincent A. Blasi

Faculty Scholarship

This chapter examines the classic arguments for freedom of speech. It traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica, a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to …

How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal

Faculty Scholarship

We live in an era of intersecting crises-some new, some old but newly visible. At the time of writing, the COVID-19 pandemic has already caused nearly 500,000 deaths in the United States alone, with many more deaths on the horizon in the coming months. Since its arrival in the United States, the virus has intersected with and magnified long-neglected problems-radical disparities in access to healthcare and the fulfillment of basic needs that disproportionately impact communities of color and working-class Americans, alongside a crisis of care for the young, elderly, and sick that stretches families and communities to the breaking point

Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt

Faculty Scholarship

Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of …

Ideology And Institutions In The Evolution Of Capital, Katharina Pistor

Faculty Scholarship

In Capital and Ideology, Thomas Piketty poses the intriguing thesis that ideology, or ideas about how society should be governed, is a powerful determinant for how society will be governed-as long as we take advantage of historical switch points. In this review essay I challenge this thesis by pointing out that many powerful ideas have run aground because of countervailing institutional arrangements. Oftentimes, they are leftovers from earlier times that precede the change and are now strategically employed for reconstituting private wealth. Clearly, ideology and institutions are deeply intertwined. I credit Piketty for putting ideology on the map of …

The Social Science Approach To International Law, Daniel Abebe, Adam S. Chilton, Tom Ginsburg

Faculty Scholarship

For over a hundred years, scholars have argued that international law should be studied using a “scientific” approach. Throughout the twentieth century, however, the most prominent methods used to study international law primarily consisted of different theoretical and analytical claims about how international law should be developed, interpreted, and critiqued. It is only in the first two decades of the twenty-first century that the conventional social science approach to research — identifying a specific question, developing hypotheses, using a research design to test those hypotheses based on some form of qualitative or quantitative data, and presenting conclusions, all while acknowledging …

2020/2021 State Of Metropolitan Housing Report: Covid-19 And The Struggle To Stay Safe At Home In Louisville, Ky ..., Lauren Heberle, Kelly Kinahan, Rebecca Halpryn

Faculty and Staff Scholarship

No abstract provided.

Legal Internalism In Modern Histories Of Copyright, Shyamkrishna Balganesh, Taisu Zhang

Faculty Scholarship

Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon wherein such participants treat the domain of law (or a subset of it) as normative, epistemologically self-contained, and logically coherent on its own terms regardless of whether the law actually embodies those characteristics. Thus understood, legal internalism remains an important characteristic of all modern legal systems. In this Review, we examine three recent interdisciplinary histories of copyright law to showcase the working of legal internalism. We argue that while their interdisciplinary emphasis adds to the conversation …

Strengthened Bonds: Abolishing The Child Welfare System And Re-Envisioning Child Well-Being, Nancy D. Polikoff, Jane M. Spinak

Faculty Scholarship

The 2001 book, Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts, called out the racism of the child welfare system and the harms that system perpetrates on families and communities. Twenty years later, despite numerous reform efforts, the racism and profound harms endure. It is time for transformative change. In this foreword to the symposium Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being, honoring the 20th anniversary of Shattered Bonds, we highlight Professor Roberts’ articulation of her development as a family policing abolitionist and summarize the articles and comments contributed from scholars …

Visual Infrastructures Of Covid-19 Messaging, Julia Ross, Claudine Jaenichen

Art Faculty Articles and Research

Infecting more than two hundred and nineteen million people internationally as of September 2021, SARS-Cov2 (COVID-19) remains a major health crisis despite the availability of vaccines in many countries and publicized guidance on effective preventative measures (WHO, 2021). To combat the spread of the virus, governments worldwide have found themselves relying on their ability to exert control over health behaviors in public and private spaces. Visual communication, which includes both graphics and text, is an integral component of how these behavioral advisories are communicated to the public. Authorities translate scientific information into digestible designs for the public to achieve effective …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn

Faculty Scholarship

This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need …

Fedaccounts: Digital Dollars, John Crawford, Lev Menand, Morgan Ricks

Faculty Scholarship

We are entering a new monetary era. Central banks around the world – spurred by the development of privately controlled digital currencies as well as competition from other central banks – have been studying, building, and, in some cases, issuing central bank digital currency (“CBDC”).

Although digital fiat currency is one of the hottest topics in macroeconomics and central banking today, the discussion has largely overlooked the most straightforward and appealing strategy for implementing a U.S. dollar-based CBDC: expanding access to bank accounts that the Federal Reserve already offers to a small, favored set of clients. These accounts consist of …

The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt

Faculty Scholarship

Legal scholars describe Article V of the U.S. Constitution, which sets forth rules for amending the document, as an uncommonly stringent and specific constitutional provision. A unanimous Supreme Court has said that a “mere reading demonstrates” that “Article V is clear in statement and in meaning, contains no ambiguity, and calls for no resort to rules of construction.” Although it is familiar that a small set of amendments, most notably the Reconstruction Amendments, elicited credible challenges to their validity, these episodes are seen as anomalous and unrepresentative. Americans are accustomed to disagreeing over the meaning of the constitutional text, but …

The Code Of Capital: How The Law Creates Wealth And Inequality – Core Themes, Katharina Pistor

Faculty Scholarship

In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Publications

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson

Law Faculty Publications

For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America’s law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact of law schools’ admissions criteria and procedures, particularly the substantial weight placed upon the Law School Admissions Test (“LSAT”). This focus is understandable: given the substantial racial disparities in LSAT performance and the test’s relatively limited value in predicting academic and professional outcomes, it makes sense …

Toupee Or Not Toupee?: Cranial Hair And Perceptions Of Men’S Attractiveness, Personality, And Other Evolutionary Relevant Traits, T. Joel Wade, Maryanne L. Fisher, Rebecca L. Burch

Faculty Journal Articles

The question of whether or not cranial hair affects perceptions of attractiveness, personality, career success, and other traits related to fitness for men in two populations was investigated in two experiments. Experiment 1 used a 2 (race) × 2 (cranial hair of man) design, and examined attractiveness, fitness, and socially desirable personality measures. Experiment 2 used a 2 (race) × 2 (cranial hair) design to determine perceived attractiveness, fitness-related traits, and the Big-5 dimensions of personality. Amount of cranial hair did not affect personality ratings on the dimensions of the Big-5 but did affect perceived socially desired aspects of personality …

Forgiveness And Gratitude As Mediators Between Religious Commitment And Well-Being Among Latter-Day Saint Polynesian Americans, Davis Kealanohea Kane, G. E. Kawika Allen, Timothy B. Smith, M Ming, Aaron Jackson, Derek Griner, Elizabeth Cutrer-Parraga

Faculty Publications

An abundance of research has investigated well-being as it relates to religiosity and character strengths, such as forgiveness and gratitude. However, few studies have investigated how increases in forgiveness and gratitude might explain why religious commitment enhances well-being, particularly for U.S. ethnic/racial minority populations. This study investigated if the character strengths of forgiveness and gratitude mediated the relationship between religious commitment and well-being among Latter-day Saint Polynesian Americans – a fast growing, yet understudied, population. Results indicated that forgiveness and gratitude fully mediated the relationship between religious commitment and self-esteem, and gratitude partially mediated the relationship between religious commitment and …

Mormon Performance/Performing Mormonism: At The Intersection Of Mormon, Theatre, And Performance Studies, Megan Sanborn Jones

Mormon Studies Review

The Nauvoo Dramatic Association was founded in 1844 to respond to a growing demand for culture and entertainment in the booming young Illinois city. Organized by Joseph Smith, the company was directed by Thomas A. Lyne, a recent convert and professional actor from Philadelphia. The first offering of the society was advertised for performance in the newly dedicated Masonic Hall on April 24, 1844. All were invited to attend Pizarro, or The Death of Rolla, a “rational amusement with usefulness.”1 While the performance was postponed until April 26, 1844, due to heavy rains, the wait did not lessen the positive …

Integrating The Generalized Other Into Theories Of Difference: Balancing And Bridging In Symbolic Interactionism, Thomas E. Janoski, Chrystal Grey, Darina Lepadatu

Sociology White Papers

Symbolic interactionist theories need to use the generalized in order to explain difference, but this essential term has been neglected. A "sense of group position" has been used to focus on difference, but this term is too structural. To bridge this gap in symbolic interactionism, we show that a generalized other is socially constructed through framing; this process of social construction involves internalization or externalization; multiple generalized others routinely exist and they create multiple selves; generalized others may be positive or negative; generalized others are ranked in terms of importance to the self; and difference springs from these different rankings.

A Synthetic Theory Of Political Sociology: Bringing Social Networks And Power Dependence To Power Resources Theory In City Politics, Thomas E. Janoski, Adam Jonas

Sociology White Papers

It is well established that power is connected to networks, yet structural theories of power in network analysis fail to satisfy political sociologists. Centrality is generally put forward as a measure of power, but this is not enough for political sociology. This article puts forward a theory of power that brings power resources and power dependency theory to the study of social networks concerning political coalitions in an urban polity. Within this theory of power resources, we embed power theories based on dependence (exchange theories) with power being based on the inverse of the expected value of alternative courses of …

The Liability Of Newness: Journalism, Innovation And The Issue Of Core Competencies, Patrick Ferrucci, Gregory P. Perreault

School of Advertising & Mass Communications Faculty Publications

Utilizing the theory for disruptive innovation, this study endeavorsto better understand how working self-identified digital journalistsconceptualize innovation and perceive the impact of technologicalinnovation on practice. Through in-depth interviews with 25 digitaljournalists, this studyfinds that journalists often perceiveinnovation as market-driven andfight against its incorporation, inpart because their newsrooms don’t engage with the technologyenough to train them to use it. The authors argue that journalismas afield is not well suited to innovation and any implementationmust be thoughtfully carried out. Finally, this study concludes bytheorizing about how thesefindings connect to both industryand digital journalism studies research.

The Refusal Of Supreme Court Nominees To Discuss Legal, Political, And Social Issues At Senate Confirmation Hearings: Ethical Obligation Or Survival Strategy?, Raymond J. Mckoski

South Carolina Law Review

No abstract provided.

Conceptualizing Workplace Bullying As Abuse Of Office, Gail Schneebaum

South Carolina Law Review

No abstract provided.

A Fat Imposter: The Embodied Intersection Between Race, Body Type And Fatness In Margaret Cho’S Comedy, Julia Cox

Theses and Dissertations--Linguistics

Margaret Cho is a comedic goddess who, in her mockery, serves flaming hot social commentary about race, body image, and fatness. Within this thesis, I used critical discourse analysis to understand how Margaret Cho embodies Asianness, whiteness, and the body types and images prescribed respectively. While working on data analysis, I came across a common media trope of fat women: the use of indexically Southern (United States), Appalachian, and Working class indexicals in speech and lexical items. I connected the ideologies surrounding Southern and Appalachian language to the inequalities that fat women face. This voicing had not previously been written …

Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …

Gender And Working Roles In Television Commercials : A Comparison Between Japanese And Thai Television Commercials, Piya Pongsapitaksanti

Manusya, Journal of Humanities

The research objective is to examine the similarities and differences of gender and working roles in Japanese and Thai television commercials. The research methodology focuses on content analysis. Seven hundred and sixty advertisements shown during 2016 in Japan and Thailand were analyzed. As a result, this comparative content analysis suggests a possible reversal from traditional patterns in the literature. Though the proportion of working women in Thailand is higher than the proportion in Japan, the proportions of working women in Japanese and Thai television commercials are insignificantly different. Moreover, this research result reveals the new appearance of non-stereotypical gender images …

Mass Digitization And The Consumer Book Market Of The Future, Cal R. Tondelli

Loyola Consumer Law Review

No abstract provided.