Law Commons^™

Eriksonian Identity Theory In Counterterrorism, Cally O'Brien

Journal of Strategic Security

Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some theorists …

Advertising And Social Identity, Mark Bartholomew

Buffalo Law Review

This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on …

Advertising And Social Identity, Mark Bartholomew

Journal Articles

This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on …

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.

Liberating Copyright: Thinking Beyond Free Speech, Jennifer Rothman

Faculty Scholarship at Penn Carey Law

Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious …

Privacy En Identiteit In Slimme Omgevingen, Mireille Hildebrandt

Mireille Hildebrandt

Omgevingen zijn slim omdat ze anticiperen op ons toekomstig gedrag. Op basis van een voortdurende opslag van data en de permanente analyse daarvan ontwikkelt de slimme omgeving kennis over onze voorkeuren, gewoonten, leefstijl, gezondheid, stemmingen en voornemens. Die kennis is statistisch van aard en de mate waarin toekomstig gedrag daadwerkelijk wordt voorzien hangt af van de juistheid, de relevantie en de compleetheid van de data. Tegelijk moeten we constateren dat wanneer de bewoner van een slimme omgeving op grond van die afgeleide kennis op een bepaalde manier wordt behandeld, de kans bestaat dat zij zich op den duur gaat gedragen …

Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler

Marquette Sports Law Review

No abstract provided.

Preparing The Workplace For Transition: A Solution To Employment Discrimination Based On Gender Identity, Brittany Ems

Saint Louis University Law Journal

No abstract provided.

How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey

Journal Articles

What is disability - a biological or social condition? In the conventional equality frameworks, the division between biology and social identity puts disability at the bottom of the formal equality hierarchy, but at the top of the substantive equality hierarchy. Compared with race and then gender, disability deserves the least protection against formal discrimination, on the theory that disadvantages are based on real and relevant functional differences more than on suspect social judgments. But turning to substantive equality, disability’s supposed greater biological basis justifies affirmative accommodation of difference, compared to the social differences of race, with gender in the middle …

How You Gonna’ Keep Her Down On The Farm, Lisa R. Pruitt

Lisa R Pruitt