Digital Commons Network^™

Law And Historical Materialism, Jeremy K. Kessler

Faculty Scholarship

Since the financial crisis of 2008, left-leaning legal thought has experienced a renaissance within the American academy. From law and political economy to critical race theory to feminist legal studies to Marxist legal theory, new perspectives have flourished, and marginalized traditions have been revived and revised. These new perspectives and revisionist projects all share an intellectual debt to the critical legal studies (“CLS”) movement of the late 1970s and 1980s. That movement’s critique was focused on functional accounts of law: accounts that understood legal change as primarily responsive to the demands of extralegal social and economic forces. Some of those …

The End Of The U.S.-Backed International Order And The Future Of International Law, Monica Hakimi, Jacob Katz Cogan

Faculty Scholarship

The international order that the United States has for decades led and maintained is undergoing dramatic change. In this Essay, we explain that international law during this period was constituted with, and dependent on, U.S. power; that the two became (in odd-couple fashion) entwined together; and that, as the international order changes, the international legal system, its content and its architecture, will also inevitably change.

Understanding Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan

Faculty Scholarship

A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or actor and presents key findings. This includes documenting the history of the broad statutory design of the California capital punishment statue. The review also considers research on policing, including the influence of …

Humanist Copyright, Jane C. Ginsburg

Faculty Scholarship

This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of author-focused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 U.S. Copyright Act. Second, I will analyze the extent to which the present U.S. copyright law does (and does not) honor human authorship. Finally, I will consider the potential responses of copyright law to the claims of proprietary rights in AI-generated outputs. I will explain why the humanist orientation of U.S. copyright law validates the position …

Disqualification, Immunity, And The Presidency, Gillian E. Metzger

Faculty Scholarship

Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then former — and now current — President Trump as a party, the decisions hold important implications for presidential power and accountability.

Anderson arose from a suit brought by Colorado voters to challenge Trump’s inclusion on the Republican primary ballot in that state. They argued that Trump organized and incited the mob that attacked the Capitol on January 6, 2021, and disrupted the Electoral College vote count and certification. In their view, this disqualified him from serving as President under section …

Exorcising Hobbes's Ghost: A Future For Constitutional And International Law, Monica Hakimi

Faculty Scholarship

Daryl Levinson wants to liberate constitutional law from the ghost of Thomas Hobbes. More than 350 years ago, Hobbes advanced a conception of law that, for all the efforts to move past it, continues to resonate. In the strictest iteration of the Hobbesian conception, law cannot exist apart from Leviathan, a sovereign state that is the “sole source of legal authority” in a defined territory. As the only possible source of law, Leviathan cannot itself be subject to law. “[I]t exercise[s] legally limitless power over its citizens and interact[s] with other Leviathans in a lawless international arena”. It is also …

The Restatement Of Children And The Law: Modern Regulation In A Developmental Framework, Elizabeth S. Scott

Faculty Scholarship

In May 2024, the membership of the American Law Institute approved the Restatement of Children and the Law, the first Restatement to focus on the law regulating children and families. The combined efforts of five Reporters (Elizabeth Scott, Reporter, and Richard Bonnie, Emily Buss, Clare Huntington and Solangel Maldonado, Associate Reporters), working for almost nine years, this new Restatement covers most of the legal landscape of American law's relationship to children. It is organized in four Parts: Part I, Children in Families, deals with parental rights and authority and state intervention in families; Part II, Children in Schools, covers children's …

Sex & Startups, Jens Frankenreiter, Talia B. Gillis, Eric L. Talley

Faculty Scholarship

Private law offers a unique solution to the problem of long-term fiscal commitment. When Congress enacts a spending program that will take many years to reach fruition, there is a risk of a subsequent Congress or President cutting off funding in the interim. There is no escape from the problem within appropriations law itself. One solution, however, is to entrust private sector allies as vessels of long-term commitment. As a matter of political economy, that solution draws on policy-feedback theory. As a matter of law, the solution rests on a mechanism that Congress already uses but has not recognized its …

Alfred Russel Wallace Notes 36. Wallace, Evolution And Providence., Charles H. Smith

Faculty/Staff Personal Papers

One of Alfred Russel Wallace’s most important contributions to thought was his identification of the key role provident behavior assumes in human evolution. In this essay I set out the way this idea influenced his thought process after 1864, and especially how it affected his appreciation of the possible role of spiritualism in evolution.

Consciousness And Fundamental Fine-Tuning: Brentanian Teleology Contra Agentive Cosmopsychism, Brandon Rickabaugh

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Testimony, Rationality, And Extended Cognition: The Magisterium And Moral Understanding, Stephen Napier

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Skeptical Theistic Steadfastness, Jamie B. Turner

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Janet Soskice, Naming God: Addressing The Divine In Philosophy, Theology, And Scripture, Joshua D. Schendel

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Universe Didn't Begin Uncaused: A New Argument For The Kalām Causal Principle, David Lu

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Measles Is Just A Harbinger, Catherine Troisi

Faculty, Staff and Student Publications

No abstract provided.

Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja

Articles

This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 123, Issue 6 of Michigan Law Review

Democratizing Constitutional Memory, Reva B. Siegel

Michigan Law Review

The Court regularly makes claims on the past—claims that have grown in prominence since conservatives on the Roberts Court invoked “history and tradition” to overrule longstanding case law on religious free exercise, the right to bear arms, and the right to abortion in its 2021 term and to threaten other rights since. The Court claims its historically based approach constrains judges by focusing interpretation on objective and impersonal facts in the past.

Truth, Fiction, And Abolition, Xiao Wang, Samuel Weiss

Michigan Law Review

A review of Chain-Gang All-Stars. By Nana Kwame Adjei-Brenyah.

The Invention Of The Judicial Administrative State, Marin K. Levy

Michigan Law Review

A review of The Taft Court: Making Law for a Divided Nation, 1921–1930. By Robert C. Post.

Constitutional Iconoclasm, Andrew J. Lanham

Michigan Law Review

A review of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them. By Aziz Rana.

Pictures Of A Revolution: Administrative Law In A Time Of Change, Shalev Gad Roisman, Oren Tamir

Michigan Law Review

A review of multiple supplements and updates to several different titles and editions.

Some Realism About Originalism, William J. Novak

Michigan Law Review

A review of Memory and Authority: The Uses of History in Constitutional Interpretation. By Jack M. Balkin.

Constitutional Failure, Erwin Chemerinsky

Michigan Law Review

A review of The Constitution of the War on Drugs. By David Pozen.

Nanaboozhoo Died For Your Sins, Matthew L.M. Fletcher

Michigan Law Review

A review of Custer Died for Your Sins: An Indian Manifesto By Vine Deloria, Jr.

N Y State Dent J April 2025

The New York State Dental Journal

In the April 2025 issue, the reader will find the following feature articles:

• Treatment Options for Pre-eruptive Intracoronal Resorption of Permanent Teeth: A Report of Two Cases
• Successful Treatment of a “Pedo-Endo” Lesion in a Primary First Molar
• Comparison of Untreated Caries and Caries-Risk Improvement in an Elementary-School-Based Comprehensive Dental Care Program

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Policymakers’ Perceptions About Providing Affordable Housing In Rural Georgia, Robert Joseph Wiley

Walden Dissertations and Doctoral Studies

The literature showed that low-income households face a persistent deficit of affordable housing, forcing these families to live in dilapidated housing or to live beyond their means to pay for adequate housing, and that this problem transcends rural and urban counties. Further, researchers indicated that solving this problem provided a stable workforce and a better quality of life for all income groups. A gap in the literature showed the need for more research on nonmetropolitan communities addressing housing and neighborhood revitalization; therefore, through this qualitative multiple-case study local policymakers' perceptions of the affordable housing problem in rural Georgia were explored. …

The Lawyer: Spring 2025, Seattle University School Of Law

Lawyer

No abstract provided.

Best Practices For Applying And Interpreting The Total Operating Characteristic, Tanner Honnef, Robert Gilmore Pontius

Geography

The Total Operating Characteristic (TOC) is an improvement on the quantitative method called the Relative Operating Characteristic (ROC), both of which plot the association between a binary variable and a rank variable. TOC curves reveal the sizes of the four entries in the confusion matrix at each threshold, which make TOC curves more easily interpretable than ROC curves. The TOC has become popular, especially to assess the fit of simulation models to predict land change. However, the literature has shown variation in how authors apply and interpret the TOC, creating some misleading conclusions. Our manuscript lists best practices when applying …

Audience Participation Structures In The Concert Hall And D, Me, You, We, A Non-Opera For Actor, Chatbot, Musicians, And Audience, Treya Michelle Nash

LSU Doctoral Dissertations

Audience participation in the concert hall space has developed into a rich participatory practice with specific characteristics and challenges. Though composers—especially since the 1960s—have written many pieces involving audience participation, asking the concert hall audience to participate remains uncommon. Attempting to shift the role of the audience in such a traditionally spectator-oriented space can lead to tensions that undermine the efficacy of the experience. This research categorizes participatory pieces into the structural elements of performance and facilitation forces, audience groupings, audience roles, and communication types. These structures are used to discuss the complicated relationship between control and agency within participatory …