Digital Commons Network^™

The Unidentified Wrongdoer, Ronen Perry

Georgia Law Review

This Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for the appraisal of possible solutions to strong unidentifiability problems, which undermine liability and frustrate its goals.

Part I presents the main legal models developed and used to overcome these problems in different contexts and various legal systems: adherence to direct liability with creative procedural identification tools, …

Tribal Land, Tribal Territory, Katherine Florey

Georgia Law Review

In the summer of 2020, two significant events brought into focus the relationship between Indigenous nations in the United States and the land they govern. First, in a controversy that made national headlines, several tribes in South Dakota clashed with Gov. Kristi Noem about their power to impose Covid-19-related checkpoints on state highways passing through Indian country. Borders have potent symbolism; by detaining drivers even briefly at theirs, the South Dakota tribes made plain that travelers were entering a separate jurisdiction in which different rules and policies applied. At the same time the checkpoint controversy was brewing, the Supreme Court …

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Georgia Law Review

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …

Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans

Georgia Law Review

Until recently, the State Department had a policy deeming children born abroad to married same-sex couples to be children born out of wedlock. Then, applying the statute for children born out of wedlock with more rigorous requirements, the State Department only allowed citizenship to pass through a biological relationship between the biological parent and the child.

Although the State Department updated this policy in May 2021 to allow for birthright citizenship of children born abroad to married same-sex couples, the new policy does not go far enough. This Note argues that Congress should amend the Immigration and Nationality Act to …

To Trust Or Not To Trust: Native American Healthcare Improvement In The Supreme Court’S Hands, Katherine Graham

Georgia Law Review

The United States federal government’s relationship with Native American tribes has long been tenuous. Despite years of unjust and inhumane treatment of Native Americans by the government, Congress has attempted to rectify or limit the government’s harm to Native American people but has fallen short of upholding all agreements intended to improve United States-tribal relations. In particular, the government has not always followed treaties between the government and tribes, and the United States Supreme Court has failed to protect Native American rights in many cases. Central to this issue is the 1868 Treaty of Fort Laramie, in which the United …

A First Amendment Law For Migrant Emancipation, Daniel Morales

Georgia Law Review

The First Amendment promises to change our world, but like any legal doctrine, its radical potential is stymied by the status quo bias of the legal system that administers it. For migrants, I urge here, this guarantor of free speech and expression does even less than it does for other subordinated groups. The formal and informal disabilities that migrants face in the public square—like the omnipresent threat of deportation—make existing First Amendment doctrine a weak and unreliable ally in the fight for migrants’ rights. It is possible to imagine another, emancipatory First Amendment law that might better facilitate the alteration …

Immigration Detention And Dissent: The Role Of The First Amendment On The Road To Abolition, Alina Das

Georgia Law Review

The movement to abolish slavery relied heavily on the exercise and protection of enslaved and formerly enslaved people’s freedom of speech against robust efforts to suppress their messaging. The same is true in the context of the movement to abolish immigration detention. For decades, people in immigration detention, formerly detained people, and their allies have exercised their First Amendment rights to expose the conditions of their confinement and demand their freedom. In response to their protests and other forms of individual and collective expression, detained and formerly detained immigrants have faced suppression and retaliation, threatening not only their right to …

Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh

Georgia Law Review

Given the federal courts’ reluctance to provide clarity on the degree to which the First Amendment safeguards the free speech and association rights of immigrants, the immigration policy agenda of the President now appears to determine whether noncitizens engaging in speech, activism, and advocacy are protected from retaliation by federal immigration authorities. This Essay examines two themes: first, the discretion exercised by the Executive Branch in the immigration context; and second, the courts’ ambivalence when it comes to enforcing immigrants’ rights to be free from retaliation. To do so, this Essay explores the Supreme Court’s influential 1999 decision in Reno …

The Contested "Bright Line" Of Territorial Presence, Shalini Ray

Georgia Law Review

For this symposium on “Immigrants and the First Amendment,” this Essay considers the current scope of First Amendment protection for noncitizens abroad. Courts have interpreted the constitutional rights of noncitizens to vary with factors including status, ties, and location. But in a recent case, Agency for International Development v. Alliance for Open Society International, the Supreme Court announced that the First Amendment simply does not apply to noncitizens abroad. This Essay considers this new rule and its implications, concluding that a bright-line rule based on territorial presence masks more complex questions about the meaning of “here” and “abroad.”

Centering Noncitizens' Free Speech, Gregory P. Margarian

Georgia Law Review

First Amendment law pays little attention to noncitizens’ free speech interests. Perhaps noncitizens simply enjoy the same First Amendment rights as citizens. However, ambivalent and sometimes hostile Supreme Court precedents create serious cause for concern. This Essay advocates moving noncitizens’ free speech from the far periphery to the center of First Amendment law. Professor Magarian posits that noncitizens epitomize a condition of speech inequality, in which social conditions and legal doctrines combine to create distinctive, unwarranted barriers to full participation in public discourse. First Amendment law can ameliorate speech inequality by promoting an ethos of free speech obligation, amplifying the …

Global Climate Governance In 3d: Mainstreaming Geoengineering Within A Unified Framework, Gabriel Weil

Scholarly Works

The failure of conventional climate change mitigation to reduce climate-related risks to tolerable levels has spurred interest in more unconventional—and riskier—climate interventions. What currently sounds like science fiction could become a reality in the not-so-distant future: planes blasting particles into the sky to block the sun, vast deserts covered with mirrors, algae sucking carbon into the depths of the ocean. Scholars tend to lump all these unconventional climate measures together in a fuzzy category called “geoengineering,” and set them apart from conventional climate change mitigation. But the characteristics of climate interferences vary across three distinct dimensions, which the mitigation-geoengineering dichotomy …

Does Democracy Justify Zoning?, Michael Lewyn

Scholarly Works

One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.

Why Arkansas Act 710 Was Upheld, And Will Be Again, Mark Goldfeder

Scholarly Works

The recent Eighth Circuit ruling in Arkansas Times, LP v. Waldrip, a lawsuit revolving around an Arkansas state anti-discrimination bill, has been widely misreported and generally misunderstood. While the decision was actually very narrow, case-specific, and ripe for review, the misleading information presented to the public has led to speculation and fear that similar anti-discrimination legislation in dozens of other states might somehow be constitutionally deficient. This essay will clarify what actually happened in the Arkansas case, and explain why legislators and advocates around the country do not have to worry about this very limited opinion affecting the legality of …

A Philosophy Of Contract Law For Artificial Intelligence: Shared Intentionality, John Linarelli

Scholarly Works

This is a chapter for the forthcoming book, Contracting and Contract Law in the Age of Artificial Intelligence, edited by Martin Ebers, Cristina Poncibò, and Mimi Zou, to be published by Hart Publishing. The aim of this chapter is to offer a general theory of contract law to account for the inclusion of artificial intelligence in contract practices. Artificial intelligence brings out that what makes contract law a distinctive form of legal obligation is shared intentionality. I refer to this insight as the shared intentionality thesis. Shared intentionality is the psychological capacity of one agent to share and pursue a …

Towards Exchanging Wearable-Pghd With Ehrs: Developing A Standardized Information Model For Wearable-Based Patient Generated Health Data, Abdullahi Abubakar Kawu, Dympna O'Sullivan, Lucy Hederman

Articles

Wearables have become commonplace for tracking and making sense of patient lifestyle, wellbeing and health data. Most of this tracking is done by individuals outside of clinical settings, however some data from wearables may be useful in a clinical context. As such, wearables may be considered a prominent source of Patient Generated Health Data (PGHD). Studies have attempted to maximize the use of the data from wearables including integrating with Electronic Health Records (EHRs). However, usually a limited number of wearables are considered for integration and, in many cases, only one brand is investigated. In addition, we find limited studies …

Religion As A Micro And Macro Property: Investigating The Multilevel Relationship Between Religion And Abortion Attitudes Across The Globe, Amy Adamczyk

Publications and Research

In many countries abortion is the most contested issue being publicly discussed, in part, because it has implications for gender equality, health, family formation, and politics. Personal religious beliefs are often seen as having an important role in shaping disapproving attitudes. However, little attention has been given to the country religious context for understanding public opinion about abortion. Drawing on ideas from cultural sociology, the anti-ascetic hypothesis, and moral communities hypothesis, this study investigates the individual and country religious associations with abortion attitudes. Using hierarchical modeling techniques and survey data from over 70 nations, representing the majority of the world’s …

Assessing Variation And Change In Newspaper Portrayals Of Muslims: The Influence Of The Trump Election And Differences Across The United States In Local And National Papers, Amy Adamczyk, Emily Greene-Colozzi, Senahan Kiyal Keles, Aida Murati

Publications and Research

Since Donald Trump’s political campaign, Americans have appeared increasingly divided over public opinion issues and US policies with the media seemingly reflecting these divisions. One of Trump’s early initiatives was the “Muslim ban,” which restricted visitors from seven Muslim-majority countries. Focusing on the portrayal of Muslims in over 900 hand coded articles, our study uses multilevel modeling techniques to examine how newspapers changed their frames and claimsmakers in discussions about Muslims before and after Trump was elected. After the election, newspapers were more likely to include government claimsmakers and an immigration frame, and were less likely to mention a radical …

When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak

Publications and Research

We used data from an Australian community register to build a database containing 673 incidents, including both criminal and non-criminal anti-Semitic acts that occurred between October 2013 and September 2017. We conducted bivariate and multivariate analyses to explore the differences in the types of incidents associated with different trigger events. Using time series methods, we found a significant increase in criminal (but not in non-criminal) incidents during the 2014 Israel–Gaza conflict. During Jewish religious festivals, we found a significant decrease in criminal incidents, and a significant increase in non-criminal incidents. After the establishment of the neo-nazi group Antipodean Resistance, we …

Which Libraries Are Open?: How To Quickly Map Library Reopening Statuses And Service Updates Using Carto, Karen Okamoto

Publications and Research

This article outlines how libraries can quickly map library information such as location and service updates using the free version of CARTO, an online mapping platform that provides both free and subscription-based accounts. Institutions with multiple library locations and different COVID-19 site reopening statuses can quickly map which library locations are open, partially opened, or closed and indicate what services are currently available. Mapping this data requires minimal technical expertise and time. The map itself can be helpful for patrons, librarians, and staff .

The Invisible Us Fire Problem, Danielle Antonellis, Sandra Vaiciulyte, Brian Meacham, Charles R. Jennings

Publications and Research

The report addresses the problem of fire safety across various housing types and the market dynamics of housing quality, regulation, and availability. The report also addresses the issue of substandard housing, ranging from rough sleeping through poorly maintained housing, including illicit and informal housing arrangements.

Statistics on the magnitude of the problem are difficult to acquire, but anecdotal evidence appears across many settings. The report explores the relationship between regulatory blind spots, ambiguous application of existing fire safety regimes, and informality.

These conditions create a population at high risk of fire -- insecurely and vulnerably sheltered population -- the invisible …

8 National Perspectives On Mexican Transnational Eal Teachers: Ideological And Professional Challenges, David Martinez-Prieto, Kristen Lindahl

Bilingual and Literacy Studies Faculty Publications

No abstract provided.

The Use Of Simulation With The School Of Nursing And Health Professions (Sonhp) Prelicensure Students To Support Affirming Practice With Transgender Communities, Genevieve Charbonneau

Doctoral Dissertations

This dissertation investigates how prelicensure nursing students are prepared to address healthcare disparities with transgender patients, specifically through simulation scenarios at the University of San Francisco School of Nursing and Health Professions Simulation Center.

A critical review of current literature reveals how microaggressions against transgender communities create and sustain barriers to equitable healthcare. The qualitative study was designed to explore the lived experience of prelicensure nursing students who are actively seeking to understand the healthcare needs of transgender patients in the San Francisco Bay Area.

This was a qualitative research study including data that suggests that using simulation scenarios featuring …

Fifty Years Of Underrepresented Student Advocacy At One Jesuit Secondary School, Sonya Cotero Arriola

Doctoral Dissertations

Across the United States Conference, Catholic and Jesuit secondary schools are experiencing tremendous change in their student demographics. Schools of today are being challenged to consider what true inclusion looks like within their community vis-à-vis students whose racial, economic, sexual and gender identities do not fit the traditional Catholic or Jesuit school mold. The racial and social order of the United States is replicated within Catholic and Jesuit schools, even when those same communities claim to promote values of inclusion and opportunity. History offers valuable insights to school communities grappling with these questions.

This qualitative study centers the efforts of …

An Exploration Of Learning-At-Home Experiences Among Families And Children Of Color Labeled With Disabilities During Covid-19: A Narrative Inquiry, Nam Ju Han

Doctoral Dissertations

We are living in this historical moment of a COVID-19 global crisis that is continuing to impact marginalized families in our very own communities. Students of color, especially those who are already on the margins, and experience inequities in the classroom and in the community, have been further impacted by the quarantine as the educational system had not prioritized how to support students who face certain vulnerabilities due to lack of government funding, the historical oppressive tendency for schools to function within a medical model of standardization, along with the commodification of learning. Given the novelty of COVID-19 research, the …

Reclaiming Our Humanity: Redemption, Reimagining, And Restorying Of The Foundations For Success Of Formerly Incarcerated African American Males, Robert Mossi Alexander Iii

Doctoral Dissertations

Reclaiming Our Humanity: Redemption, Reimagining, and Restorying of the Foundations for Success of Formerly Incarcerated African American Males African American men represent the highest population found in the criminal justice system. Systemic racism contributes to the high recidivism rates of formerly incarcerated Black men. Additional barriers to affordable education, job training, and other services exist for the formerly incarcerated. The purpose of this study was to interview formerly incarcerated African American men and provide a counter-narrative of the foundations for success post-incarceration. This research project explored the narratives of the lived experiences of formerly incarcerated Black men through the lenses …

The Consequences Of The Tcja’S International Provisions: A Conceptual Framework And Survey Of The Evidence, Dhammika Dharmapala

Coase-Sandor Institute for Law & Economics Research Paper Series

The 2017 US tax legislation - widely referred to as the Tax Cut and Jobs Act (TCJA) - fundamentally transformed the US system of international taxation, introducing for instance a new tax on “Global Intangible Low-Taxed Income” (GILTI). This paper develops a simple conceptual framework that synthesizes and extends the theory of multinational corporations’ (MNCs’) responses to taxation. It also surveys the emerging empirical evidence on the consequences of the TCJA’s international provisions. The conceptual framework focuses on the efficiency costs of ownership distortions in analyzing the impact of the GILTI tax and the prior repatriation tax on foreign acquisitions …

Streaming Property, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a set of facilitating conditions and complementary goods, such as public infrastructure, that do not lie within the asset owner’s individual control. This Essay argues that we can gain fresh traction on inequality by recasting property as service streams rather than as owned things. Doing …

One Professor's Lifetime Of Reflection And Reading On Holiness, John Paul Vincent

Heritage Material

No abstract provided.

Scriptural Holiness : Essays On Sanctification And The Holy Life, Robert A. Danielson

Heritage Material

No abstract provided.

2022 Spring - Veterans Upward Bound Newsletter, Veterans Upward Bound, East Tennessee State University

Veterans Upward Bound Newsletters

No abstract provided.