Digital Commons Network^™

Civil Litigation: Rulemaking’S Second Founding, Richard Marcus

The Judges' Book

No abstract provided.

Constitutional Law: The Realities Of Takings Litigation, Dave Owen

The Judges' Book

No abstract provided.

Criminal Law: Cop Tracing, Jonathan Abel

The Judges' Book

No abstract provided.

Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum

The Judges' Book

No abstract provided.

Public Lands: A Brief History Of America’S Public Lands, John D. Leshy

The Judges' Book

No abstract provided.

Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss

The Judges' Book

No abstract provided.

In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin

Articles & Chapters

In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that, with these principles as touchstones, TJ can be an effective tool – perhaps the most effective tool - in rooting out bias, limiting polarization, …

Pass The Salt: Problem Resolution Lawyering Across The 21st Century Law Curriculum, Kris Franklin, F. Peter Phillips

Articles & Chapters

Legal education can help prepare law graduates to do that work. As an added bonus, doing so would in turn help law students understand and retain the subjects they study.

Law professors who teach alternative dispute resolution, lawyering skills, clinics, and sometimes traditional doctrinal courses, have all called for greater inclusion of dispute resolution in the law school curriculum. Some have urged the introduction of specific courses to prepare contemporary law students to work as problem resolvers. This Article builds on these and other calls for reform, but urges a genuine reconceptualization of the purposes of legal work. Framing lawyers’ …

Randomness, Ai Art, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.

Methodological Gerrymandering, David Simson

Articles & Chapters

The U.S. Supreme Court has come to decide many of the most consequential and contentious aspects of social policy via its interpretations of the U.S. Constitution. Institutional features of the Court create significant pressure on the Justices to justify their decisions as applications of “law” rather than the practice of “politics.” Their perceived failure to do so calls forth criticism sounding in a variety of registers—ranging from allegations of a lack of neutrality, lack of impartiality, or lack of “principle,” to allegations of opportunism, disingenuousness, and hypocrisy. Analyzing the Justices’ choices in relation to interpretational “methodology”—choosing one lens through which …

The Timeless Explosion Of Fantasy's Dream: How State Courts Have Ignored The Supreme Court's Decision In Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger

Articles & Chapters

Multiple states have enacted statutes to govern procedures when a state seeks to execute a person who may be incompetent to understand why s/he is being so punished, an area of the law that has always been riddled with confusion. The Supreme Court, in Panetti v. Quarterman, sought to clarify matters, ruling that a mentally ill defendant had a constitutional right to make a showing that his mental illness “obstruct[ed] a rational understanding of the State’s reason for his execution.” However, the first empirical studies of howPanetti has been interpreted in federal courts painted a dismal picture. Only a handful …

Reflections On South Africa's First Black Chief Justice, Ismail Mahomed, Penelope Andrews

Articles & Chapters

No abstract provided.

Law Professors’ Conceptualization And Use Of Students’ Prior Knowledge And Experience In Developing Subject-Matter Understanding, Matthew Gewolb

Articles & Chapters

No abstract provided.

Same-Sex Family Recognition And Anti- Discrimination Law: A Free Speech Battleground, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Transcript - Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen

Articles & Chapters

No abstract provided.

The So-Called Stateless: Firm Resettlement, African Immigrants, And Human Rights Violations In Mexico, Claire R. Thomas

Articles & Chapters

This paper explores Mexico’s reactionary migration policies, especially concerning the labeling of African migrants and asylum-seekers as so-called “stateless” and the subsequent unsolicited permanent residence status it offers, and address the numerous international and domestic legal violations contained within. Part I of this article presents the lived experiences of African asylum-seekers traveling through Mexico in 2015 and 2019 to demonstrate the direct impact of Mexican migratory policy changes. Many Black migrants and asylum-seekers, as well as Afro-Mexicans, have raised awareness of anti-Blackness in Mexico and of how racism is pervasive. Part II of this article explains Trump-era changes to U.S. …

The Server Test Quandary And Embedding Permission Culture, Michael Goodyear

Articles & Chapters

The practice of embedding—inserting code that displays content located elsewhere on the Internet—is ubiquitous online. Millions of users insert or encounter embeds daily. As a core type of link, embedding has helped disseminate information far and wide, furthering the goals of both copyright law and the Internet. For over a decade, embedding has been considered lawful under copyright law, guaranteed by a Ninth Circuit doctrine known as the server test, which holds that a person only displays a work when he or she hosts and serves it. This rule, which has greatly influenced the growth of the modern Internet, has …

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.

The Misattuned Music Industry: An Intersubjective Perspective On The Music Industry's Mental Health Crisis, Jonathan Fricke

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Research shows that professional musicians tend to experience higher rates of mental health challenges compared to the general population. While there are a number of underlying factors and historical experiences that may help us to better understand these psychological struggles, I will be examining the relational system between musician and the music industry beginning at the time in which an amateur musician transitions to the professional realm. With this transition comes incredible demand and pressure from the industry. Professional musicians are at the mercy of grueling tour schedules where they spend months away from loved ones, must be "on" at …

Interactive Association Of Posttraumatic Stress Disorder, Apolipoprotein Ε4 Genotype, And Age On Cognitive Functioning, Karen A. Lawrence, Colton Rippey, Bianca Welikson, Robert H. Pietrzak, Thomas G. Adams Jr.

Psychology Faculty Publications

Background: The ε4 allele of the apolipoprotein (APOE) gene and posttraumatic stress disorder (PTSD) are associated with cognitive deficits. Both associations may vary depending on age. No previous study has examined a possible three‐way interaction between APOE ε4, PTSD, and age on cognitive functioning.

Methods: Data were analyzed from 1244 European‐American U.S. military veterans who participated in the 2011 National Health and Resilience in Veterans Study (NHRVS). Analyses of covariance were used to examine the main effects and in- teractions of APOE ε4, PTSD, and age on learning/working memory (LWM) and attention/psychomotor (APM) performance.

Results: A significant three‐way interaction between …

Propaganda For War & International Human Rights Standards, Evelyn Aswad

Faculty Articles

Shortly after Russia's illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU's General Court upheld the outlets' suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …

Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski

Faculty Articles

Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and 37; Federal Rule of Appellate Procedure 38; 28 U.S.C. §§ 1927 and 1447(c); as well as courts’ inherent authority to sanction litigants and attorneys. In the standard narrative, these tools provide immediate corrections to unethical conduct, unlike bar sanctions or derivative malpractice actions that are delayed and uncertain. Together, these tools aim to effectuate the goal of Federal Rule of Civil Procedure 1: to make sure parties cooperate …

The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland

Faculty Articles

Congress delegated to the Securities & Exchange Commission (S.E.C.) the regulation of the sale and trading of securities as well as the solicitation of proxies. The S.E.C. compels disclosure by involved parties to ensure that investors can make informed decisions regarding their trades and the exercise of voting rights with respect to their securities. Such important governmental interests routinely leave one without basis to challenge the compelled speech imposed by the S.E.C. Because it generally can compel speech by parties involved in securities transactions and the solicitation of proxies, the S.E.C. is insensitive to situations when legitimate First Amendment issues …

The Macroeconomics Of Intellectual Property, Eric E. Johnson

Faculty Articles

Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information. In the modern era, questions of how best to accomplish this have been explored with reference to economic efficiency and other concepts from microeconomics. But why not macroeconomics? In the microeconomic view, the intangibles of innovation, knowledge, and information are ordinary economic goods, albeit ones whose easy reproducibility leads to special problems. In the macroeconomic view, however, innovation, knowledge, and information are extraordinary goods with special virtues. Indeed, modern macroeconomics puts these intangibles at the center of …

Racism And Trademark Abandonment, Jon J. Lee

Faculty Articles

As companies have come to terms with the fact that their brand names and imagery have connections to our country’s racist history, they have publicly announced their commitments to shed their ignominious trademarks. But unlike a physical monument, a trademark cannot be destroyed or removed. Under the prevailing doctrine, abandoned trademarks return to the public domain, free for another company to claim and use—even if it is to capitalize on the mark’s recognition as a symbol of oppression. This puts companies who wish to sever their ties with their racist trademarks in an intractable situation: either they make good on …

Torts And Personhood, Melissa Mortazavi

Faculty Articles

No abstract provided.

Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi

Faculty Articles

When courts consider a choice of class or lead counsel in multidistrict litigation ("MDL') or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank conduit for client interests. In theory, lawyers should be able to bring their legal expertise absent any personal experiences, individualized identity, and morality outside of practice. But the reality is that neither lawyers nor their clients can fully divorce their identities or moral viewpoints from the legal system. This Essay argues that an identity-blind choice of class or lead counsel, grounded in a …

On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl

Faculty Articles

Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology, as well, arguing that use of these systems will increase the number of warrants issued throughout the United States …

Books Without Barriers: A Practical Guide To Inclusive Publishing, Julie Ganner, Agata Mrva-Montoya, Maryanne Park, Kayt Duncan

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The accessibility of a publication depends on how suitable and easily adaptable it is to the different ways in which people read. Publications that meet the needs of people with print disability are inclusive because they offer an equitable reading experience to all readers, irrespective of how the person accesses the content.

Print disability¹ occurs as a result of the interaction between people living with temporary or permanent health conditions and the barriers to reading they may experience when content is made available in print form only. Print disability can be:

• visual (including blindness, low vision and medical …

Economic Values, Social Values And Cultural Animal Theory, Kevin Smith

Department of Political Science: Faculty Publications

Baumeister and Bushman (this issue: Psychological Inquiry 2023, vol. 34, no. 1) offer a cultural animal theory of partisan hostility (hereafter CAT) with the specific aim of explaining the root drivers of political conflict. CAT posits that competition for power revolves around oppositional worldviews reflecting preferences attached to the two primary objectives of all successful societies: amassing and distributing resources. Based on this premise CAT seeks not only to help explain the persistence of the themes motivating political conflict, but also to shed light on the underlying causes of growing levels affective polarization widely documented in the United States and …