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Articles 1 - 7 of 7
Full-Text Articles in Law
Inventing Norms, William Hubbard
Inventing Norms, William Hubbard
All Faculty Scholarship
Patent law strives to promote the progress of technology by encouraging invention. Traditionally, scholars contend that patent law achieves this goal by creating financial incentives to invent in the form of exclusive rights to new technology. This traditional view of invention, however, fails to recognize that inventors are motivated by more than money. Like most people, inventors are also motivated by social norms, that is, shared normative beliefs favoring certain actions while disfavoring others. This Article argues that many Americans embrace social norms that favor and encourage successful invention. Because of these "inventing norms" inventors enjoy enhanced personal satisfaction and …
The Social And Behavioral Implications Of Location-Based Services, Katina Michael, M.G. Michael
The Social And Behavioral Implications Of Location-Based Services, Katina Michael, M.G. Michael
Associate Professor Katina Michael
The social and behavioral implications of location-based services (LBS) are only now beginning to come to light in advanced markets where the services have been adopted by just a little over half the market (Microsoft 2011). Depending on one’s definition of what constitutes location-based services, statistics on the level of adoption differ considerably. While it is helpful to provide as broad a list of applications as possible in what constitutes LBS (e.g. everything from in-vehicle navigation systems to downloading a map using a computer), it can also cloud the real picture forming behind this emerging technology. Emerging not in the …
"New" Human Rights : U.S. Ambivalence Toward The International Economic And Social Rights Framework, Hope Lewis
"New" Human Rights : U.S. Ambivalence Toward The International Economic And Social Rights Framework, Hope Lewis
Hope Lewis
Economic and social rights (including rights to food, adequate housing, public education, the highest attainable standard of physical and mental health, fair wages, decent labor conditions, and social security) still occupy a second-class, outsider status in official United States domestic and foreign policy. This is no accident. The full recognition and implementation of such rights pose a direct threat. But that threat is not primarily to democracy or American values as some believe. Rather, because they demonstrate our system's failures to achieve equality, they threaten the deeply held belief that our country has already achieved a truly representative, human rights-based …
Transnational Dimensions Of Race In America, Hope Lewis
Transnational Dimensions Of Race In America, Hope Lewis
Hope Lewis
Race, a key concept in international human rights law from the beginning, should still be high on today's global priority list. However, to remain a useful concept in our increasingly complex world, race must be defined and explored as a transnational and multidimensional social construct. I reflect here on the complex nature of "Blackness." I suggest that international human rights law should engage intra-racial diversity among Blacks along cultural, gender, political, economic, and ethnic lines. Because "Blackness" itself is a product of popular social consciousness, I draw here on popular accounts of U.S Black migration and stories about the Presidential …
Preemption & The Regulatory Paradigm In The Roberts Court, Christina E. Wells, William E. Marcantel, Dave Winters
Preemption & The Regulatory Paradigm In The Roberts Court, Christina E. Wells, William E. Marcantel, Dave Winters
Faculty Publications
This short article first examines the Court's general preemption doctrine, including relevant criticisms. It then details the rise of the regulatory paradigm in the Supreme Court's cases, especially as it culminates in the Roberts Court's reliance on it. Finally, it examines potential implications of increasing reliance on that paradigm, including manipulation of preemption doctrine by judges, continued deference to agency officials' decisions to preempt, and adverse effects on individual tort plaintiffs.
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Michael C. Dorf
Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter “marriages” convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the meaning …
Towards Triadic Interactions In Autism And Beyond: Transitional Objects, Joint Attention, And Social Robotics, John Z. Elias, Patricia Bockelman Morrow, Jonathan Streater, Shaun Gallagher, Stephen M. Fiore
Towards Triadic Interactions In Autism And Beyond: Transitional Objects, Joint Attention, And Social Robotics, John Z. Elias, Patricia Bockelman Morrow, Jonathan Streater, Shaun Gallagher, Stephen M. Fiore
Faculty of Law, Humanities and the Arts - Papers (Archive)
The concept of transitional objects from the British Object Relations school of psychoanalysis may offer insight into the affective aspects of the development of dyadic and triadic interactions. Furthermore the concept may be applied to the use of social robotics in autism research and therapy, with social robots in these settings perhaps functioning as transitional objects for autistic children. Possible applications in organizational contexts are suggested as well, along with considerations of future research relating transitional objects to the notions of primary and secondary intersubjectivity.