Law Commons^™

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele Gilman, Rebecca Green

Faculty Publications

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to …

Gatekeeper Persuasion And Issue Adoption: Amnesty International And The Transnational Lgbtq Network, Robyn Linde

Faculty Publications

Network theory is a valuable tool for understanding how transnational human rights advocacy emerges and develops; how norms become salient; and how nongovernmental organizations (NGOs) gain prominence within networks. This article evaluates political network theory through the case study of the transnational lesbian, gay, bisexual, transgender, and queer (LGBTQ) advocacy network. Through interviews with key figures at human rights and LGBTQ NGOs, I suggest that the transnational LGBTQ network emerged through contestation with the human rights gatekeeper, Amnesty International, and its US section, AIUSA. This process of contestation would produce a specific type of gatekeeper activism that would become a …

“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod

Faculty Publications

Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own.

This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides …

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Faculty Publications

No abstract provided.

Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon

Faculty Publications

This Article explores crucial analytic and normative limitations in presently dominant and ascendant approaches to legal theory. The approaches' failure to provide a satisfying framework for analyzing the obesity epidemic presently raging undeterred in American society reveals these limitations. Conventional law and economics scholars writing on the subject have deployed familiar frameworks to reach predictable conclusions that are neither intellectually nor morally justifiable. This Article argues that recent theoretical innovations promulgated within the burgeoning law and behavioralism movement have thus far provided no more reliable a framework for legal analysis of the obesity epidemic than has conventional law and economics. …

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman

Faculty Publications

In response to the prevalent view that American law and legal institutions are class and color blind, this Article provides examples of how legal institutions sometimes do create and maintain racialized wealth disparities. The Article offers examples of this phenomenon by examining a sequence of federal judicial decisions, the federal taxing statutes, the role of legal education, and access to legal services. These examples are instructive because they cut across a broad spectrum of components of the American legal system. By revisiting issues of race and wealth in different legal settings from the Constitution to federal cases, the tax system, …

Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao

Faculty Publications

No abstract provided.

The Market For Change: Community Economic Development On A Wider Stage, Peter R. Pitegoff

Faculty Publications

Community economic development (CED) is distinguished by a specific agenda for broader development and accountability - for building local resources, economic capacity and political clout in lower- and moderate-income communities. Organizing and development of low-income communities must take account of microenterprise as the locus of substantial economic activity.

Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks

Faculty Publications

The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering the success …

Moral Philosophy Meets Social Work, Frederic G. Reamer

Faculty Publications

In recent years, social workers have become increasingly aware of ethical dilemmas in practice. Beginning especially in the mid-to-late 1970s, social work's literature has included a steady stream of reflections on difficult moral choices involving conflicts among professional duties and obligations (Loewnberg and Dolgoff 1996; Congress 1998; Reamer 1998, 1999). To what extent do clients have the right to engage in self-harming behavior without interference? How should social workers allocate scarce or limited resources such as emergency services, shelter beds, funds, and even their own time? Is it ethically permissible for social workers to violate laws and regulations they believe …

Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao

Faculty Publications

No abstract provided.

Diplomatic Adjudication, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Faculty Publications

No abstract provided.

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Defense Contractor Buyer-Seller Relationships: Theoretical Approaches, Carl R. Templin

Faculty Publications

This article examines the applicability of three theoretical approaches to defining defense buyer-seller relationships. Economic Free-Market Theory explains the relative economic power of the participants but ignores the legal, political, and socioeconomic aspects so pervasive in defense acquisitions. Transaction Cost Economics provides a framework for determining the most cost-effective type of contract governance for each transaction. Systems theory explores the degree of interdependence between the buyers and sellers systems. Each theory contributes unique insights into defense buyer-seller relationships that can be used to judge the appropriateness of contracting laws, regulations, policies, and management approaches for specific acquisition environments.

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Faculty Publications

No abstract provided.

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Faculty Publications

No abstract provided.

A Symbolic Balanced Budget Amendment, Neal Devins

Faculty Publications

No abstract provided.

The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone

Faculty Publications

No abstract provided.

Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins

Faculty Publications

No abstract provided.

Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr

Faculty Publications

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.