Law Commons^™

The Intersection Of Gender And Negotiation: A Comprehensive Look At The Literature, Kelsey England

Pepperdine Journal of Communication Research

According to the majority of literature it appears there are differences in specific advantages and disadvantages genders are exposed to in negotiations. This article aims to further introduce and break down the literature in order to provide a comprehensive overview of the intersections of negotiation and gender in regards to general negotiation practices, negotiations within the workplace, and what can be done to level the playing field in regards to disadvantages placed on certain genders. This article also addresses the remaining gaps in the literature and suggests where the research should move in future studies.

Regulatory Paralysis: The Answer To The Unanswerable Question Of Fcc Minority Ownership Policy, Christopher Terry

Michigan Technology Law Review

For five decades, the Federal Communications Commission (FCC) has struggled to implement policies that promote minority ownership of broadcast stations. Four “Prometheus” decisions from the Third Circuit span a seventeen-year legal impasse that highlighted the agency’s shortcomings on effective minority ownership policies. Now, after the Supreme Court’s 2021 decision in FCC v. Prometheus Radio Project, the FCC is required to relaunch its media ownership policy in 2022. This paper explores how the FCC has interpreted diversity in media ownership policymaking by examining a range of diversity policies and assessment methodologies particularly regarding minority ownership. The paper then presents data from …

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …

Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius

VA Engage Journal

Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants included, …

Vedantic Basis And Praxis Of The Integral Advaita Of Sri Aurobindo, Debashish Banerji

Monsoon: South Asian Studies Association Journal

The integral nondualism of Sri Aurobindo can be traced to the great pronouncements (mahāvākya) of the Upanishads and later commentaries. This study examines teachings on the Supermind (vijñāna) and the other four kinds of consciousness that define human reality: Matter (annaṃ), Life (prāṇaḥ), Mind (manaḥ), and Bliss (ānanda). Through Yoga and Tantra, one learns and embodies the pathway to the divine.

Digital And Spatial Humanities Mapping: Eurasia-Pacific Early Trade And Belief Linkages, Igor Sitnikov, David Blundell

Monsoon: South Asian Studies Association Journal

The Eurasia-Pacific is a dynamic region of rapid economic growth, cultural awareness, natural resource exploration, and military buildup. The concept of the region is relatively new, featuring contested vast areas of geo-resource space of numerous cultures and languages. The current findings in anthropology and archaeology and even its more specific subfields such as folklore are important contribution to the understanding of periodic environmental changes and technical innovations were the main forces of transformations in social structures that have determined the mechanisms and levels of cross-cultural trade activity across the region. We have traced early trade and belief linkages across Eurasia-Pacific …

Tusha Hiti: The Origin And Significance Of The Name, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

In this article, the author examines the royal bath called Tushā Hiti located in Sūndari Chowk (Beautiful Courtyard) of Pātan Durbar Square, using six different methods of investigation. The question: What is in a name? started the ball of investigation rolling and along the way were added more supporting blocks such as history, iconography, function and purpose, notion of purity and impurity, and finally the hiti in popular culture to get a complete picture of the subject in question.

Diversity, Equity, And Inclusion: Perspectives From Contemporary India And 6th Century Jain Yoga, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Times New Roman

Ganges In Indian Sculpture And Literature: Mythology And Personification, Nalini Rao

Monsoon: South Asian Studies Association Journal

The river Ganges is a symbol of wealth, purity and eternity, and its sacred waters have inspired sages, philosophers, and artists in India who have immortalized its divine imagery. However, it has rarely been understood from a historical point of view, as to how it became so sacred and to view it from a multi-dimensional and interdisciplinary perspective with an accumulation of layers of historical thought and practices, provides a rationale for the living practices around the river. The paper explores the evolution of the concept of sacredness and eternity of River Ganges through art- historical and archaeological evidence. It …

2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and bringing our nation’s …

2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and bringing our nation’s …

Honor Thyself, Alonzo O. Williams

Dance (MFA) Theses

The black male experience and identity in America are filled with complexity. We struggle to know ourselves. We work to see the way of love and the peace of an unviolated free spirit. We want to engage with ourselves with the highest degree of freedom and comfort, not to continue to question our identity in a life-threatening white patriarchal masculinity ideal. Honoring oneself from the lenses of the Reconstruction era of the United States is essential. Reconceptualizing this history explores the significance of emphasizing Reconstruction in my life as a black male to go through a process of self-discovery and …

The Insidious Culture Of Fear In Indian Courts, Nidhi Shrivastava

English Faculty Publications

On 20 March 2020, the four adult convicts of the 2012 Delhi rape case were executed after a long debate regarding the punishment for their crime. The Delhi rape case, unlike others, was also given to the fast track court because of the worldwide outrage India received in its aftermath. Otherwise, most rape survivors rarely speak out and if they do, their lives are often endangered and threatened, depending on the severity of the case itself and the perpetrator's rank in the society. Through the analysis of Aniruddha Roy Chowdhury's, 2016 film Pink, and Ajay Bahl's film Section 375 …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram

Philosophy: Faculty Publications and Other Works

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …

Pornography: Social, Emotional And Mental Implications Among Adolescents, William Kelly Canady

National Youth Advocacy and Resilience Conference

This presentation will explain the historical development of pornography. It will highlight four segments: 1- Porn’s impact on brain development of reward pathways, ultimately increasing the appetite for more porn. 2- Porn can be a false substitute for real intimacy, resulting in decreased sexual satisfaction with a real person and increased verbal and physical aggression. 3- Porn promotes sex trafficking, promotes multiple sex partners and reduced STD prevention. 4- A review of interventions available to assist clients in navigating a lifestyle away from pornography.

Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Internet Connectivity Among Indigenous And Tribal Communities In North America - A Focus On Social And Educational Outcomes, Christopher S. Yoo, Leon Gwaka, Muge Haseki

Faculty Scholarship at Penn Carey Law

Broadband access is an important part of enhancing rural community development, improving the general quality of life. Recent telecommunications stimulus projects in the U.S. and Canada were intended to increase availability of broadband through funding infrastructure investments, largely in rural and remote regions. However, there are various small, remote, and rural communities, who remain unconnected. Connectivity is especially important for indigenous and tribal communities to access opportunities for various public services as they are generally located in remote areas. In 2016, the FCC reported that 41% of U.S. citizens living on tribal lands, and 68% of those in the rural …

Suspicion Encoded: Women Of Color And Biometric Technology In The United States, Lilith A. Saylor

sprinkle: an undergraduate journal of feminist and queer studies

This paper explores the commodification of privacy through biometric technology in the United States. It examines the impact of this technology on poor women of color (WOC), arguing that poor WOC face intersectional discrimination based on the convergence of sex, race, and class in their identities. I highlight the unique and powerful intrusion of biometric technology into the lives of poor WOC, and argue that the connection between data and the physical body created through biometric data has formed an environment in which the state wields unrestricted control in all spheres over the privacy of poor WOC.

Greedy Bat Eaters Versus Cruel Pig Killers: The Lose-Lose Battle Of Divisive Discourse, Angela Lee

Animal Studies Journal

Unsurprisingly, the circumstances and challenges brought about by the COVID-19 pandemic have generated strong reactions. Among the more notable, Canadian musician and animal activist Bryan Adams made headlines when he went on a tirade on social media denouncing ‘fucking bat eating, wet market animal selling, virus making greedy bastards’ and advocating for veganism. This article uses this incident as a prism through which to examine the values and assumptions informing some of the central debates within the mainstream animal advocacy movement today. Certainly, there is an urgent need for a critical re-evaluation of the policies and practices that have created …

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

Critical Race Theory As Intellectual Property Methodology, Anjali Vats, Deidre A. Keller

Book Chapters

This chapter traces the emergence of Critical Race Intellectual Property (CRTIP) as a distinct area of study and activism that builds on the work of Critical Legal Studies and Critical Intellectual Property scholars. Invested in the workings of power - but with particular intersectional attentiveness to race - Critical Intellectual Property works to imagine new, often more socially just, forms of knowledge produce. In this brief chapter, we lay out the origins of Critical Race Theory (CRT) and its central methods, articulate a vision of CRT, and contemplate how CRT's interdisciplinary and transnational methods might apply to intellectual property. In …

Pirate Radio Proves Invaluable To Immigrant Communities During The Pandemic — But The Fcc Isn’T Having It, May Olvera

Capstones

In January 2020, congress passed the PIRATE Act into law, expanding the legal consequences for operating pirate radio tenfold. Although the FCC claims that the reason they are cracking down on pirate stations — that is, stations broadcasting on regulated airwaves without an FCC license — is that they could interfere with emergency messaging, the pandemic has proven otherwise; there is no evidence of pirates interfering with official safety warnings. In fact, most pirate stations are run by immigrants speaking in their native tongue and they have been able to provide vulnerable and underserved communities with the information they need …

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

The Role Of Guaranteed Sexual Education In Argentina And Its Influence In The #Abortolegalya Movement, Shannon Mcgovern

Undergraduate Theses and Capstone Projects

This paper focuses on the role the 2006 Sexual education law in Argentina has on the current #AbortoLegalYa #QueSeaLey movements. With the implementation of guaranteed, free sexual education for every student in Argentina, more individuals began wanting to have a say over their bodies. As more people learned about their reproductive rights, they also learned that they had the right to speak up and demand what they consider necessary. This paper focused on the Campaña national por aborto seguro, legal, y gratuito and their role on influencing both the current movement, and the 2006 passing of the sexual education law. …

Cultural Diversity Awareness: Perceptions Of Community Residents And Police Personnel, Vickie Minnifield Greene

Scholar Week 2016 - present

This study examined the difference in self-reported perceptions of cultural diversity awareness between two specific groups, community residents and police personnel, within a Midwestern city’s community and police department. This study also measured how their attitudes related to their likelihood to assist in enhancing the goals of community policing, which includes the prevention of crime. Literature cited demonstrates that social injustice toward African Americans and Latinos, cultural diversity ignorance, miscommunication, and lack of trust between community residents and police personnel are indicators that their relationships require positive solutions toward repairing a historically strained relationship. The Miami University Diversity Awareness Scale …

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.

2020 Mlk Keynote Address: Michelle Alexander Presentation, Center For Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda

Martin Luther King, Jr. Series

2020 MLK Series Keynote Michelle Alexander brings audiences profoundly necessary and meaningful insights on the practice of mass incarceration that plagues the US justice system, as well as eye-opening conversation on how we can end racial caste in America. Lecture Wednesday, January 22, 2020 at 5:30pm, RISD Auditorium, 17 Canal Walk, Providence, RI.

In her acclaimed bestseller The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander peels back the curtain on systemic racism in the US prison system in a work that the New York Review of Books describes as "striking in the intelligence of her …

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Criminalization Of Young Black Males, Useni Eugene Perkins

Cultural Encounters, Conflicts, and Resolutions

ABSTRACT

This paper examines the historical, social, cultural and political factors that contribute to the criminalization of a disproportionate number of young Black males. In doing so, it provides greater clarity for the reasons we are “walking in circles” to find a solution to why these youth are facing a future that is indisputably bleak. In framing this pronouncement, it will show how these factors have been institutionalized to create a system of racial oppression that targets young Black males to be both its victims and victimizers. As the result of this system, many young Black males are portrayed in …