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Full-Text Articles in Law

Governing With Clean Hands: Automated Public Toilets And Sanitary Surveillance, Irus Braverman Sep 2010

Governing With Clean Hands: Automated Public Toilets And Sanitary Surveillance, Irus Braverman

Journal Articles

To anyone familiar with the story of urban decay in major American cities in the 1980s – and with the subsequent abolition of toilets from city streets – the introduction of automated public toilets (APTs) to urban spaces sounds like very good news. This article explores the re-democratizing message that commonly accompanies the introduction of APTs to North American city streets as well as their on-the-ground manifestations. It focuses on two major components of APTs: privatization and automation. The process of privatization, which characterizes most APT operations in North America, carries with it various exclusionary effects that stand in stark …


Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez Sep 2010

Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez

Mario Šilar

http://www.unav.es/nuestrotiempo/es/temas/piratas-y-corsarios-en-la-era-digital


Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams Jul 2010

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …


Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert Jul 2010

Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert

Faculty Publications and Presentations

This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.


Athletic Voices And Academic Victories: African American Male Student-Athlete Experiences In The Pac-Ten, Keith Harrison May 2010

Athletic Voices And Academic Victories: African American Male Student-Athlete Experiences In The Pac-Ten, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore participants’ academic experiences and confidence about their academic achievement. Participants (N = 27) consisted of high-achieving African American male student—athletes from four academically rigorous American universities in the Pac-Ten conference. Most of the participants competed in revenue-generating sports and were interviewed to obtain a deeper understanding of their successful academic experiences. Utilizing a phenomenological approach four major themes emerged: “I Had to Prove I’m Worthy,” “I’m a Perceived Threat to Society,” “It’s About Time Management,” and “It’s About Pride and Hard Work.” Stereotype threat and stereotype reactance are investigated in relation to …


From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel Jan 2010

From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel

Siegfried Van Duffel

What are subjective rights? And what makes Will and Interest conceptions of rights into conceptions of rights? I argue that they originate in two very different natural rights theories which are, however, grounded in the same philosophical anthropology.


El Futuro De La Economía Es "Austriaco", Mario Šilar Jan 2010

El Futuro De La Economía Es "Austriaco", Mario Šilar

Mario Šilar

No abstract provided.


Martin Rhonheimer: Cristianismo Y Laicidad, Mario Šilar Jan 2010

Martin Rhonheimer: Cristianismo Y Laicidad, Mario Šilar

Mario Šilar

No abstract provided.


Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar Jan 2010

Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar

Mario Šilar

No abstract provided.


Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar Jan 2010

Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar

Mario Šilar

No abstract provided.


Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar Jan 2010

Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.


What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton Jan 2010

What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton

Articles

Since the dawn of the information age, scholars have debated the viability of regulating cyberspace. Early on, Professor Lawrence Lessig suggested that “code is law” online. Lessig and others also examined the respective regulatory functions of laws, code, market forces, and social norms. In recent years, with the rise of Web 2.0 interactive technologies, norms have taken center-stage as a regulatory modality online. The advantages of norms are that they can develop quickly by the communities that seek to enforce them, and they are not bound by geography. However, to date there has been scant literature dealing in any detail …


Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg Jan 2010

Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

Articles

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses.


The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew Jan 2010

The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew

Articles

This essay documents the lack of Asian-American judges and considers the consequences.


Some Optimism About Fair Use And Copyright Law, Michael J. Madison Jan 2010

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

Articles

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.


Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton Jan 2010

Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton

Articles

Web 2.0 technologies, characterized by user-generated content, raise new challenges for copyright law. Online interactions involving reproductions of copyrighted works in blogs, online fan fiction, and online social networks do not comfortably fit existing copyright paradigms. It is unclear whether participants in Web 2.0 forums are creating derivative works, making legitimate fair uses of copyright works, or engaging in acts of digital copyright piracy and plagiarism. As online conduct becomes more interactive, copyright laws are less effective in creating clear signals about proscribed conduct. This article examines the application of copyright law to Web 2.0 technologies. It suggests that social …


Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman Jan 2010

Doma And The Happy Family: A Lesson In Irony, Rhonda Wasserman

Articles

In enacting the Defense of Marriage Act, Congress chose to protect heterosexual marriage because of its “deep and abiding interest in encouraging responsible procreation and child-rearing. Simply put, government has an interest in marriage because it has an interest in children.” Ironically, DOMA may harm, rather than protect, the interests of some children – i.e., the children of gay and lesbian couples.

Both state and federal law reflect the belief that children are better off being raised by two parents in an intact family. This belief is reflected in the marital presumption of paternity, which presumes that a married woman’s …


Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg Jan 2010

Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

Articles

This Essay considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environment(s) within which they are embedded and with which they share interdependent relationships. Such an improved understanding is critical for obtaining a more complete …


Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison Dec 2009

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison Dec 2009

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC …


Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer Dec 2009

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …


Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson Dec 2009

Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson

Siegfried Van Duffel

Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.