Digital Commons Network^™

Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell

Intercultural Human Rights Law Review

This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.

Crime And The Mythology Of Police, Shima Baughman

Utah Law Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.

States And Laws, Jews And Palestinians: Yadgar's Traditionist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg

Intercultural Human Rights Law Review

This essay reviews Israel's Jewish Identity Crisis: State and Politics in the Middle East, published last year by Yaacov Yadgar (Stanley Lewis Professor of Israel Studies at the University of Oxford School of Global and Area Studies). His book connects Israel's sometimes arcane internal identity debates to core issues in the Israel/Palestine conflict, a connection largely unexamined prior to this book.

The Conservative Court And Torture Attenuation, Ari B. Rubin

American University National Security Law Brief

No abstract provided.

Cleaning Corporate Governance, Jens Frankenreiter, Cathy Hwang, Yaron Nili, Eric L. Talley

Faculty Scholarship

Although empirical scholarship dominates the field of law and finance, much of it shares a common vulnerability: an abiding faith in the accuracy and integrity of a small, specialized collection of corporate governance data. In this paper, we unveil a novel collection of three decades’ worth of corporate charters for thousands of public companies, which shows that this faith is misplaced.

We make three principal contributions to the literature. First, we label our corpus for a variety of firm- and state-level governance features. Doing so reveals significant infirmities within the most well-known corporate governance datasets, including an error rate exceeding …

Crime And The Mythology Of Police, Shima Baradaran Baughman

Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

Symposium: Mental Health And The Legal Profession: Foreword And Dedication, Deborah W. Denno, Bruce A. Green

Fordham Law Review

No abstract provided.

Inconspicuous Victims, Itay Ravid

Faculty Publications

Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation—victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving into the underexplored territory of racialized victimization, this project bridges that gap and exposes the roots of the disparate treatment of Black victims in the American criminal justice system. These unprecedented times of the COVID-19 pandemic and racial tensions bring to the fore questions about governmental allocation of resources and …

Policing Symmetry, Teressa Ravenell, Riley H. Ross Iii

Faculty Publications

Every day, criminal court judges across the United States decide whether the police had probable cause to arrest a suspect. When a court finds the police lacked probable cause, the arrestee may bring a 42 U.S.C. § 1983 civil claim against the arresting officer or municipality for a wrongful arrest. Yet, under current issue preclusion rules, whether the civil court will relitigate probable cause depends, in part, on who prevailed at the criminal court hearing. If the government prevails, the suspect will be precluded from relitigating the question of probable cause because they were a party to the original suit. …

Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer

Animal Law Review

This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …

Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard

Animal Law Review

Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …

Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán

Animal Law Review

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …

2020 Litigation Review, Isaac Conzatti

Animal Law Review

This Litigation Review covers a varied selection of animal law related litigation that occurred in the year 2020. The coronavirus pandemic did not slow down the offenses or injustices committed against animals nor the litigation initiated on behalf of animals. While some animal-centered litigation experienced some setbacks in 2020, others sparked legislative initiatives to further protect the interests of animals. Some recent litigation highlights the need for more advocacy and legislation in order to overcome barriers imposed by lobbyists and other special interest groups. Other sections expose how pro-animal legislation has received challenges from opponents who seek to cripple protections …

2020 Foreign And International Legislative Review, Brittany Rowe

Animal Law Review

This Legislative Review highlights the animal law related legislative victories 2020 brought about on foreign and international fronts.

An Analysis Of Knowledge Production And Patterns Of Authorship In Fourteen Law Journals From 2005 – 2019., Sardar Ali Shah, Rehana Anjum, Taimoor Ali, Saleh Ali Alqarni, Zameer Hussain Baladi

Library Philosophy and Practice (e-journal)

Approach: To identify authors' association in each document published in fourteen law journals from 2005 – 2019. Methodology: Data for research downloaded from Scopus-Elsevier databases. International Standard Serial Number (ISSN) as "Default" use in the menu bar of each journal in CSV file format to tabulate in MS Excel year-wise, and degree of collaboration.

Results: There are 7688 documents under eight domains; articles, conference papers, editorial, erratum, letters to the editor, notes, review articles, and short surveys written by 13823 authors in fourteen journals linked with the subject of law from 2005 - 2019. Articles 5798; 75.4% …

Research Trends On Law Subject During 2005 – 2019: A Biblio-Profile, Sardar Ali Shah, Rehana Anjum, Taimoor Ali, Saleh Ali Alqarni, Zameer Hussain Baladi

Library Philosophy and Practice (e-journal)

This study aims to evaluate the research productivity published in fifteen law journals. Data of the survey downloaded from the Scopus-Elsevier database, store, and tabulated in MS Excel to determine the frequency of printed documents, and figure out the number of articles, conference papers, editorials, erratum, letters, notes, review articles, and short surveys yearly. Total 8789 documents published in fifteen law journals from 2005 - 2019, the 6483; 74% of documents published in article format, followed by review 1372; 16%, and note 387; 4%. The Journal of Advanced Research in Law and Economics published 1240; 14.1%, documents as maximum, and …

How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?, Yanni N. Kakouris

Honors Theses and Capstones

No abstract provided.

Legal Diplomacy In An Age Of Authoritarianism, Fernanda Giorgia Nicola Dr.

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz

Newspaper Columns

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

The Profession's Role In Helping Psychologists Balance Society's Interests With Their Clients' Interests, Alfred Allan

Research outputs 2014 to 2021

Objective: Psychologists find it difficult to balance their clients' and society's interests when these interests differ from each other, such as when their clients pose a risk of harm to others. Society's increasing preoccupation with harm makes their task even more difficult. The first aim with this article is to determine the reactions of those who make, enforce, and use law to address society's concerns and how they impact on psychologists. The second aim is to propose how the profession can assist psychologists deal with the competing demands prompted by these reactions.

Method: A legal-ethical analysis was used to identify …

What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz

Newspaper Columns

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

Tutorial: Legality And Ethics Of Web Scraping, Vlad Krotov, Leigh Johnson, Leiser Silva

Faculty & Staff Research and Creative Activity

Automatic retrieval of data from the Web (often referred to as Web Scraping) for industry and academic research projects is becoming a common practice. A variety of tools and technologies have been developed to facilitate Web Scraping. Unfortunately, the legality and ethics of using these tools for collecting data are often overlooked. Failure to pay due attention to these aspects of Web Scraping can result in serious ethical controversies and lawsuits. This paper reviews legal literature together with the literature on ethics and privacy to identify broad areas of concern together with a list of specific questions that need to …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo

Senior Honors Theses

This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt …

December 2, 2020: Reform The Electoral College, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reform the Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz

Newspaper Columns

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

A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia

Graduate Theses and Dissertations

Brazil has the largest sugarcane acreage in the world (FAOSTAT, 2020) and is the world leader in the production of sugarcane-based ethanol (Sousa Junior et al., 2017). Due to the technical experience in the production of biofuels and the availability of sugarcane straw and bagasse, the country has a great potential to commercially produce second-generation ethanol (E2G) (Nyko et. al., 2010). In 2017, Brazil enacted a new National Biofuels Policy, called RenovaBio, to expand the production and use of biofuels in the country. This dissertation combines three essays that explore biofuels law and policy with a special focus on Brazil. …

This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz

Newspaper Columns

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