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Full-Text Articles in Law

Panel V: Masculinities And Institutions, Elaine W. Shoben, Joan W. Howarth, Deborah L. Brake, Jamie R. Abrams Feb 2019

Panel V: Masculinities And Institutions, Elaine W. Shoben, Joan W. Howarth, Deborah L. Brake, Jamie R. Abrams

Jamie R. Abrams

Moderator: Elaine Shoben

Panelists:
Joan W. Howarth: Masculinities and Institutional Strength
Deborah L. Brake: Sport and Masculinity: The Promise and Limits of Title IX
Jamie R. Abrams: Enlisting the Nineteenth Amendment as a Weapon for Political Equality


Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion Jan 2019

Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion

Amy C. Gaudion

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …


Briefing On Highest And Best Use Research, Matthew Elliott Jan 2019

Briefing On Highest And Best Use Research, Matthew Elliott

Matthew Elliott

Presentation discusses the background and findings of the SDSU research on Highest and Best Use. It further discusses pending legislation for the 2019 South Dakota Legislative Session.


66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans Jan 2019

66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18-30 years, N = 100) and older adults’ (66-89 years, N = 100) lie-detection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9 to 11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first …


The Quest For Recognition: Taiwan’S Military And Trade Agreements With Singapore Under The One-China Policy, Pasha L. Hsieh Dec 2018

The Quest For Recognition: Taiwan’S Military And Trade Agreements With Singapore Under The One-China Policy, Pasha L. Hsieh

Pasha L. HSIEH

This article examines the evolution of Taiwan’s relationship with Singapore since the 1960s as a unique case study in the Asia-Pacific. The theoretical concept of recognition in international relations (IR) and its nexus with international law are used to analyze the conclusion of the bilateral military and trade agreements absent diplomatic relations. The article argues that beyond security dimensions, the two states’ struggles for recognition exhibit the formation of national identities, which invigorate the claims for sovereign state status in global politics. First, this article explores the emerging notion of recognition in IR and sheds light on the significance of …


“Bullets Of Truth”: Julian Assange And The Politics Of Transparency, Mark Fenster Dec 2018

“Bullets Of Truth”: Julian Assange And The Politics Of Transparency, Mark Fenster

Mark Fenster

This essay updates (to early 2019) earlier work on the WikiLeaks story in order to consider what more recent developments reveal about the theoretical promise that Assange articulated at the time of the website’s emergence. Assange has characterized secrecy as both a form and symptom of corruption, and ultimately as the foundation of a “conspiracy” of governance that states like the U.S. inflict on their subjects and the world. He advocates a non-political, vigilante form of transparency in which WikiLeaks serves as a neutral entity that will save the public and free the world with information. He predicted that corrupt …


Feed: State Transparency Amidst Informational Surplus, Mark Fenster Dec 2018

Feed: State Transparency Amidst Informational Surplus, Mark Fenster

Mark Fenster

An email arrives, promising inside information about the perfidious forces that secretly rule the nation. A Twitter feed from a prominent insider at an establishment think-tank announces the latest disclosure about the president’s secret role in the Russian conspiracy to manipulate the election that elevated him with the blast of toy cannon. Meanwhile, the President’s tweets serve to annoy, distract, humor, or comfort those who see them, and they above all announce some truth about his presidency. 

Debates about government transparency presume that the state controls an informational spigot, which can be made to allow information to flow or to …


Body Battlegrounds: Transgressions, Tensions And Transformations Dec 2018

Body Battlegrounds: Transgressions, Tensions And Transformations

Chris Bobel

Body Battlegrounds explores the rich and complex lives of society’s body outlaws—individuals from myriad social locations who oppose hegemonic norms, customs, and conventions about the body in context. Original research chapters (based on textual analysis, qualitative interviews, and participant observation), along with personal narratives, provide a window into the everyday lives of people rewriting the norms of embodiment in sites like schools, sporting events, and the doctor’s office. Each accessibly-written, pedagogically-oriented chapter and narrative is at once theoretically and methodologically transparent and alive with the voices of the actors at the center of inquiry.
 
Body Battlegrounds is organized as four visually-rich …


Obat Alami Keluar Nanah Dari Penis Pria Yang Terbukti Ampuh, Ika Septiani Dec 2018

Obat Alami Keluar Nanah Dari Penis Pria Yang Terbukti Ampuh, Ika Septiani

ika septiani

Obat alami keluar nanah dari penis pria yang terbukti ampuh


Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts Dec 2018

Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts

C. Heike Schotten

A Critical Exchange discussing the importance of academic boycott of Israel for political theory and as political praxis.


Are Wide Streets Negligent?, Michael Lewyn Dec 2018

Are Wide Streets Negligent?, Michael Lewyn

Michael E Lewyn

American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.


Planetizen Blog Posts- First Half Of 2019, Michael Lewyn Dec 2018

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Op-ed length articles on various land use-related issues.


Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn Dec 2018

Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn

Michael E Lewyn

Blog posts on urban issues, mostly related to housing costs.


Solidarity Economy Lawyering, Renee Hatcher Dec 2018

Solidarity Economy Lawyering, Renee Hatcher

Renee Hatcher

This Essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. Solidarity economy is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement in other parts of the world has been established for several decades, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well as the …


The Gender Of Trafficking, Kerwin A. Kaye Dec 2018

The Gender Of Trafficking, Kerwin A. Kaye

Kerwin Kaye

The exclusion of male victims from discussions of sex trafficking is pervasive. Here I detail the discursive dichotomisation of this framework, examining not only why men and boys have historically been excluded as victims of sexual trafficking, but also how this discourse acts as a gendered and gendering formation more generally. Following this I critically examine the recent turn toward the inclusion of boys as victims of DMST ("Domestic Minor Sex Trafficking"), arguing that the ‘sex trafficking’ frame is less useful – and more harmful – than it may appear.


Do You Believe In Ghost Apartments?, Michael Lewyn Dec 2018

Do You Believe In Ghost Apartments?, Michael Lewyn

Michael E Lewyn

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.

More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this …


Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry Dec 2018

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Jessica S. Henry

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …


Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh Dec 2018

Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh

Jessica S. Henry

Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.


Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze Dec 2018

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …


Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown Nov 2018

Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown

Erin C. Fuse Brown

No abstract provided.


A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu Nov 2018

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Peter K. Yu

Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.

This article aims to provide a systematic analysis of the linkage …


A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock Oct 2018

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.


Introduction To Transit-Oriented Development, Michael Lewyn Oct 2018

Introduction To Transit-Oriented Development, Michael Lewyn

Michael E Lewyn

Explains how transit-oriented development differs from the automobile-oriented development that surrounds many suburban train stations, why the former is desirable, and what sort of zoning changes promote such development.


D_Luftig_Data_Management_Slides.Pdf, David Luftig Oct 2018

D_Luftig_Data_Management_Slides.Pdf, David Luftig

David Luftig

These are the slides used for 10/24/2018 workshop "Campus Conversation: On-Campus Resources for Federal Grant Seekers."


64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon Oct 2018

64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon

Thomas D. Lyon

The putative confession instruction (“[suspect] told me everything that happened and wants you to tell the truth”) during forensic interviews with children has been shown to increase the accuracy of children’s statements, but it is unclear whether adult’s perceptions are sensitive to this salutary effect. The present study examined how adults perceive children’s true and false responses to the putative confession (PC) instruction. Participants (n = 299) watched videotaped interviews of children and rated the child’s credibility and the truthfulness of his/her statements. When viewing children’s responses to the PC instruction, true and false statements were rated as equally credible, …


Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus Sep 2018

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Nell Green Nylen

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …


El Estado En La Periferia. Historias Locales De Debilidad Institucional En La Periferia, Javier Revelo-Rebolledo, Mauricio García-Villegas Aug 2018

El Estado En La Periferia. Historias Locales De Debilidad Institucional En La Periferia, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier Revelo-Rebolledo

No abstract provided.


Occupation During And After The War (China), Lukas K. Danner Jul 2018

Occupation During And After The War (China), Lukas K. Danner

Dr. Lukas K. Danner

No abstract provided.


Cooperation Chicago: Building Chicago's Worker Cooperative Ecosystem, Renee Hatcher Jul 2018

Cooperation Chicago: Building Chicago's Worker Cooperative Ecosystem, Renee Hatcher

Renee Hatcher

No abstract provided.


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol Jul 2018

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Neil L Sobol

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …