Law Commons^™

What Did He Just Say? Did She Really Just Say That?: Vignettes Of Racism In Claudia Rankine’S Citizen: An American Lyric, Susan Ayres

Susan Ayres

No abstract provided.

Claudia Rankine And The Poetry Of Protest, Susan Ayres

Susan Ayres

No abstract provided.

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.

Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …

Taxes And Self-Identity, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …

Bridging The Quality Gap With Medical-Legal Partnerships, Lisa Bliss, Sylvia Caley, Robert Pettignano

Sylvia B. Caley

No abstract provided.

Eliminate Stingy Benevolence, Cassady Brewer

Cassady V. Brewer

No abstract provided.

New Markets Tax Credits Stimulate Community Development, Michael Lehmann, Cassady Brewer

Cassady V. Brewer

No abstract provided.

Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison

Caren Myers Morrison

Of all the ways the government has to watch us, unmanned aerial vehicles, commonly known as drones, best capture the visceral fear of the all-seeing surveillance state. Because drones are becoming increasingly tiny, inexpensive, and powerful, they could enable a new species of universal surveillance, turning our cities into a modern version of Bentham’s panopticon. But this essay, written for the criminal justice symposium issue of the JCRED, is not about the alarming consequences of surveillance technology. Instead, it seeks to explore whether there is anything useful to be learned from the possibility of continuous mass surveillance. Not just useful …

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau

Sonya G Bonneau

Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?

This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …

Explaining Law: Macrosociological Theory And Empirical Evidence, Larry Barnett

Larry D Barnett

No abstract provided.

Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin

Emanuela A. Matei

Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …

The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls

Kevin F Qualls

Free-Press/Fair-Trial contests now happen in a new media age. Judicial remedies such as change-of-venue, sequestration, jury admonitions, and gag orders were fashioned in an era that included broadcast radio and television, an emerging cable television industry, and the traditional print media of newspapers and magazines. That content was, to some degree, geographically bound and temporary. Now those judicial remedies are applied in a new media age that extends the reach of traditional media in time and space while offering interactive capability. The efficacy of these remedies is in question. This paper provides an historical overview of how judicial remedies for …

From Slavery To Obama: The Affirmative Action Revolution, Tanya Washington

Tanya Monique Washington

No abstract provided.

Scarlett O'Hara As Feminist: The Contradictory, Normalizing Force Of Law And Culture, 5 Law Text Culture 45 (2001), Julie Spanbauer

Julie M. Spanbauer

No abstract provided.

How To Develop Your Voice As A Public Intellectual, Kent Greenfield

Kent Greenfield

Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf

Neil J. Kinkopf

No abstract provided.

Book Review, The Progressive Dilemma, Neil Kinkopf

Neil J. Kinkopf

No abstract provided.

Lost In Translation: The Interaction Of Science, Policy, And Law, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.

On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy, Yaniv Heled

Yaniv Heled

The idea of ominous technologies that put human individuals or parts of their bodies under someone else's control has been stirring emotions and terrifying people for centuries. It was a recent offshoot of this idea--the notion of “patenting humans”--that mobilized certain members of Congress to pass legislation prohibiting the issuance of patent claims “directed to or encompassing a human organism.” The values underlying this legislation may well have been agreeable, even admirable. Yet, the actual motivation for it was misguided; its execution, deeply flawed; its potential outcomes, hazardous

This Article reviews the history and background of this prohibition. It fleshes …

Curbing Corporate Inversions Through Public Pressure For Economic Patriotism, Anne Tucker

Anne Tucker

No abstract provided.

Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison

Caren Myers Morrison

David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …

Can The Jury Trial Survive Google?, Caren Morrison

Caren Myers Morrison

No abstract provided.

The Voting Game, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Response To 'Pervasive Sequence Patents Cover The Entire Human Genome', Shine Tu, Yaniv Heled

Yaniv Heled

In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.

L'Acqua E Il Suo Diritto, Di Ugo Mattei (Autore), Alessandra Quarta, Ugo Mattei

Ugo Mattei

No abstract provided.