Digital Commons Network^™

Applying Universal Design In The Legal Academy, Matthew L. Timko

College of Law Faculty Publications

Too often barriers to access in the form of physical, technological, and cognitive environments play a large role in keeping many people out of law school. While federal and state laws address these barriers, universal design provides the clearest policy change for law schools to remedy these issues.

Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee

Open Educational Resources

From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …

The Lawyer: Fall 2022, Seattle University School Of Law

Lawyer

No abstract provided.

Trump Isn’T Going To Jail. And That’S Good News For Democrats, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Nation’S Debt Limit Serves No Purpose. It Should Be Eliminated, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Only You Can Prevent Amendment Abuse, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

Fourteenth Amendment Confrontation, Evan D. Bernick

College of Law Faculty Publications

Mr. Haley is one of the most memorable villains in all of American fiction. A “coarse” slave-trader whose “swaggering air of pretension” enrages readers of Harriet Beecher Stowe’s Uncle Tom’s Cabin from his appearance in the opening scene, Haley does his part to fulfill the novel’s purpose of strengthening the abolitionist cause. He is also not entirely fictional, and his creation is part of the constitutional history of the United States.

The real Haley was John Caphart, a slave-catcher hired by John DeBree of Norfolk, Virginia to capture Shadrach Minkins—an enslaved man who in 1851 fled from Virginia to Boston. …

Everything I Know About The Bond Market I Learned From Litwin V.Allen An Essay (In Two Parts) For Ralph Winter, Richard A. Booth

Faculty Publications

This essay focuses on the classic 1940 case Litwin v. Allen, 25 N.Y.S.2d 667 (N.Y. Sup. Ct. 1940), in which the court ruled that directors and officers of a bank were liable for losses suffered by the bank from a transaction in which the bank bought a bond at a discounted price subject to an option permitting the seller to buy it back at the same price (up to) six months later. The price of the bond fell dramatically during the option period, the seller declined to buy it back, and the bank was left with the loss. The court …

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Utah Law Review

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …

The Politics Of Feminist Citizenship: Violence, Law, And Affect In Post-Revolution Tunisia, Ola Galal

Dissertations, Theses, and Capstone Projects

Taking a historical and ethnographic approach, this dissertation examines citizenship as a historical, political, and ethical problem in Tunisia during a turbulent yet hopeful time of transition. It examines changes in the conceptualization of citizenship from one that is construed as a favor to one that is rights-based, and the political, ethical, and material effects of that shift in both official and popular discourses. I home in on the central and sometimes uneasy role feminists play in articulating and consolidating that discursive, legal, and affective transformation in citizenship by mediating between different legal and moral frameworks and attempting to reconcile …

**Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces**, Justin Iverson

Lincoln Memorial University Law Review Archive

No abstract provided.

**Risk-Taking Or Risk-Negotiating Model Of Vaccine Liability? Legal And Policy Considerations For Pandemic Vaccines**, Yu-Wei Chen

Lincoln Memorial University Law Review Archive

Vaccine liability determines vaccine availability. The allocation of vaccine liability is a determinant in reaching a procurement contract. Particularly during a pandemic, vaccine accelerated production poses new challenges to vaccine safety, quality, and efficacy. Solving the issue of vaccine liability is as equally important as vaccine equity in ensuring access to vaccines. For COVID-19 vaccine procurements, there are two discernible models of liability allocation around the globe: the United States risk-taking model and the European Union risk-negotiating model. The United States' risk-taking model shows that vaccine liability is borne by the government; in contrast, the European Union's risk-negotiating model shows …

**Towards Action And In Pursuit Of Scofflaws: Shifting The Framework Of Pandemic Public Health Punishment From Theory To Pragmatism**, Michael L. Cederblom

Lincoln Memorial University Law Review Archive

The COVID-19 pandemic sparked a debate over whether the government should implement public health interventions like mask mandates and whether public health scofflaws should be punished. The result was a split largely across political lines; “permissive” jurisdictions promoted ideas of individual freedom and condemnation of government-imposed punishment, while “restrictive” jurisdictions implemented a range of punishments attached to mask mandates. This political battle became one of stagnant theories and essentially fused considerations of public health and legal punishment. Bracketing political concerns, what philosophical theories fueled this divide? While public health generally employs a utilitarian framework limited by deontic constraints, permissive jurisdictions …

**A Way Out For Europe: How Can Europe Combat Discrimination By Automated Decision-Making Systems?**, Elvin E. Dalkılıç

Lincoln Memorial University Law Review Archive

No abstract provided.

**The Internet-Of-Bodies/Human Mind Unification: Its Threat To Democracy And The Need For A Legal Response**, Zachary Atchley

Lincoln Memorial University Law Review Archive

No abstract provided.

Understanding Loss Of (Right To) Use Damages: Defining Fair And Reasonable Compensation For Loss Of Use In Light Of Historical Origins And Practical Considerations, Matthew J. Forrest

Pace Law Review

Loss of use is fundamentally about the denial of property rights regardless of its intended use. Property ownership vests the owner with certain intrinsic rights, including the right to use or not use. When they are deprived of that choice through the tortious conduct of another, that deprivation is compensable. This Article reviews the historical origins of loss of use law to determine that tort victims denied the right to use their property must be compensated regardless of how they would have chosen to use their property. Because these damages do not depend on the owner’s actual use, loss of …

Few Lessons For Pa. From Kansas Abortion Vote. Gop Still Should Beware, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Plyler V. Doe: The Education Of Undocumented Alien Schoolchildren In Texas, 1975-1982, John Powell

History Theses and Dissertations

When a Texas statute denied a free public education to those who were not citizens or legal residents of the United States, four Mexican-American families challenged the constitutionality of that statute. The Supreme Court ruled in their favor, confirming that the Equal Protection Clause protects everyone regardless of immigration status.

Amphibious Legal Geographies: Toward Land–Sea Regimes, Irus Braverman

Contributions to Books

Published as ine introduction to Laws of the Sea: Interdisciplinary Currents, Irus Braverman, ed.

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the juridical thinking that has enshrined the land/sea divide into contemporary governmental infrastructures, disciplinary traditions, and regulatory apparatuses, and charts the disastrous implications that such a legal fixation on the land/sea binary has wrought on human and other-than-human lifeworlds. As the collection proceeds, a second broad theme emerges, building on the first: when one rethinks the abstraction of law as played out on the ground, the …

This Is The Right Moment For The Democrats To Run A Fiscal Hawk, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Dobbs Is Not A Religion Case, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Right To Research In Africa: Making African Copyright Whole, Desmond O. Oriakhogba

Joint PIJIP/TLS Research Paper Series

The imbalance existing within the African copyright ecosystem in relation to access to information for research and education became more prominent during the COVID-19 pandemic. As teaching, learning and research inevitably occur on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Similarly, African libraries and knowledge curators found themselves ill-equip to perform their role of enabling access to information. To create the balance, therefore, there is a dire need for the recalibration of the African copyright system from the perspective of human rights …

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …

The Supreme Court’S Abortion, Epa Rulings Could Open The Door To More Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Does The End Of Roe Mean The End Of The Anti-Abortion Movement?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Irrationalities In Legal Parentage: Gender Identity And Beyond, Jeffrey A. Parness

College of Law Faculty Publications

This Article is the first to outline the irrationalities in many new and old parentage laws. Irrationalities often arise when the laws employ gendered terms like mother and father, husband and wife, man and woman, and male and female. These terms require a parent to be gender identified by the state, even when such an identity clashes with the parent’s own gender identification. More importantly, these gendered terms frequently clash with public policies underlying parentage laws, new and old, that are not dependent upon any form of gender identity.

Beyond gender identity, irrationalities also arise when there are distinctions without …

Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness

College of Law Faculty Publications

In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.