Law Commons^™

Anger And Compassion On The Picket Line: Ethnography And Emotion In The Study Of Westboro Baptist Church, Rebecca Barrett-Fox

Journal of Hate Studies

Feminist ethnographic methods stress the role of empathy for research subjects and researchers’ willingness for their work to be useful to their subjects. When the research subjects are “unloved groups,” though—people whose actions or beliefs are hateful or harmful—some ethnographers argue that such empathy and empowerment is misplaced or leads to uncritical scholarship. In this reflection on the author’s ethnographic study of Westboro Baptist Church, a small Kansas-based congregation infamous for preaching its anti-gay theology at funerals, including the funerals of fallen servicemen and -women, she questions the usefulness of denying an emotional connection with “hatemongers.” Instead, she argues for …

From Hate To Collective Violence: Research And Practical Implications, Anne Nassauer

Journal of Hate Studies

This paper deals with the question of how hate leads to collective physical violence: Why is it that people who are filled with hateful emotions sometimes use violent action but mostly do not? By themselves, underlying emotions such as hate are not sufficient conditions for physical violence. However, emotions are not irrelevant for the emergence of violence. My main argument is that situational interaction sequences create emotional dynamics that make collective actors overcome their inhibition threshold and act violently. Insights into the micro-timing of interaction sequences prior to violence are therefore crucial. As social movement demonstrations have recently become reconstructable …

In Memoriam: Eva Lassman, Jerri Shepard

Journal of Hate Studies

One woman who did indeed play such a role in standing up to hate and reshaping community was Eva Lassman. An honorary board member of the Institute for Hate Studies, a Holocaust survivor, a wife, mother, speaker, friend, and constant inspiration to the Inland Northwest community for more than 50 years, Eva passed away on February 9, 2011 at the age of 91, leaving us poorer in comrades, yet richer in the wisdom she shared and the example she set. The Institute for Hate Studies presents annually two “Eva Lassman Take Action Against Hate Awards,” to individuals and organizations in …

‘The Antidote To Hate Is Success’: An Interview With Izzeldin Abuelaish, Joanie Eppinga

Journal of Hate Studies

Izzeldin Abuelaish, often referred to as “the Gaza doctor,” grew up in a refugee camp in the Gaza Strip. He overcame poverty and many other obstacles, and was accepted to medical school in Cairo. He became an internationally recognized expert on issues of fertility and worked in an Israeli hospital. Dr. Abuelaish married and had eight children. Shortly after his wife died from leukemia, he was with seven of his eight children in their home in Gaza on January 16, 2009 when their home was hit by a mortar during Israeli shelling. Three of Dr. Abuelaish’s daughters and his niece …

Equality Dissonance: Jurisprudential Limitations And Legislative Opportunities, Lia Epperson

Scholarly Articles in Law Reviews & Journals

In his pivotal concurrence in Parents Involved in Community Schools v. Seattle School District No. 1 Justice Kennedy articulated two fundamental strains of an equality ideal for addressing systemic racial segregation and inequality in public education: he eloquently underscored the critical importance of racial integration for educational equity, and reiterated the essential role of the political branches in facilitating this integration. Kennedy noted the compelling government interest in decreasing the effects of de facto racial segregation and isolation and recognized the fallacy of a public/private distinction in defining the constitutional violation of racially segregated educational environments: The plurality opinion is …

Comment On Prof. Stephen Powell's Paper - Managing The Rule Of Law In The Americas, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Remarks - Enhancing Visits To Places Of Detention Promoting Collaboration, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern

Scholarly Articles in Law Reviews & Journals

Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in …

The Ethics Of Melancholy Citizenship, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

No abstract provided.

After Frustration: Three Cheers For Chandler V. Webster, Victor P. Goldberg

Faculty Scholarship

Performance of a contract can be excused by a number of circumstances, notably impossibility, impracticability, and frustration. When performance is excused there remains the question of how to treat any payments or expenditures that were made prior to the occurrence of the contract-frustrating event. In Chandler v. Webster, the English courts decided over a century ago that the parties should be left where they were at the time of the frustrating event. Forty years later that holding was overturned so that now recovery might be had both for restitution of payments made prior to the event and for expenditures …

Proving Prejudice, Post-Padilla, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why Misdemeanors Matter: Defining Effective Advocacy In The Lower Criminal Courts, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

Most individuals accused in our nation's criminal courts are not charged with murder, rape, drug sales, or even less serious felonies. The vast majority of charges are in the lower courts, for misdemeanors such asmarijuana possession, driving with a license suspension for failure to pay tickets, assault, disorderly conduct, or public intoxication. Misdemeanor adjudications have exploded in recent years, with one recent study estimating that the volume of misdemeanor cases nationwide has risen from five to more than ten million between 1972 and 2006. At the same time, violent crime and the number of felony cases across the country have …

In Defense Of Deterrence, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Pot As Pretext: Marijuana, Race, And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than 10 years later. This rise has been a notable component of the city’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “stop, question, and frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …

Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard

Faculty Scholarship

This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …

Contract, Uncertainty, And Innovation, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Faculty Scholarship

Contract today increasingly links entrepreneurial innovations to the efforts and finance necessary to transform ideas into value. In this chapter, we describe the match between a form of contract that “braids”1 formal and informal contractual elements in novel ways and the process by which innovation is pursued.

Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke

Faculty Scholarship

The summer of 2011 marked an important turning-point in the geography and politics of sex: public sex, previously a domain dominated by the specter of a hypersexualized gay man, became the province of the irresponsible, foolish, and self-destructive heterosexual man, such as Anthony Weiner. Meanwhile, homosexuals were busy domesticating their sexuality in the private domain of the family. Just as hetero-sex shamefully seeped out into the open, homo-sex disappeared from view into the dignified pickets of private kinship. In this essay I examine the panic that unfolded in connection with Representative Weiner’s tweets as a kind of afterlife of homophobia; …

The Curious Relationship Of Marriage And Freedom, Katherine M. Franke

Faculty Scholarship

This essay explores why and how today’s marriage equality movement for same-sex couples might benefit from lessons learned by African Americans when they too were allowed to marry for the first time in the immediate post-Civil War era. Why has the right to marry, rather than say, employment rights, educational opportunity or political participation, emerged as the preeminent vehicle by and through which the freedom, equality and dignity of gay men and lesbians is being fought in the present moment. Why marriage? In what ways are the values, aspirations, and even identity of an oppressed community shaped when they are …

Attachments And Associated Reasons, Joseph Raz

Faculty Scholarship

The paper will unfold in 5 parts dealing with five questions: first, does the partiality of attachments present an obstacle to their being or giving practical reasons? Second, given a value-based approach to practical reasons, can universal values generate reasons that are specific to their subjects, reasons – say – towards my friends that only I have? Third, do attachments affect what we do independently of any reasons that they provide? Fourth, in what ways do attachments constitute or provide normative reasons, and briefly, how do attachment-related reasons relate to other practical reasons? Finally, I turn to the question of …

The Institutional Configuration Of Deweyan Democracy, William H. Simon

Faculty Scholarship

After more than two decades of effort to recover and adapt John Dewey’s thought for a reformed liberal politics, the institutional implications of his ideas remain elusive. This essay argues that a distinctive set of modern business practices and an incipient public policy architecture embody key precepts of Dewey’s political theory. The practices and architecture have developed independently of Dewey’s ideas, but they elaborate the ideas implicitly, and they are illuminated by them.

The New Habeas Revisionism, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

There is relatively little in the Constitution’s drafting history or ratification debates to illuminate the intended meaning of the Suspension Clause, and what it specifically protects by preserving “the Privilege of the writ of Habeas Corpus” except in cases where habeas is properly suspended. Most jurists and commentators at least seem to agree on the constitutional floor - that, as Justice Stevens put it in 2001, “at the absolute minimum, the Suspension Clause protects the writ ‘as it existed in 1789.’” But even that limited point of consensus only begs a separate question: what was the scope of the writ …

Arrest Efficiency And The Fourth Amendment, Song Richardson

Scholarly Articles in Law Reviews & Journals

In recent years, legal scholars have utilized the science of implicit social cognition to reveal how unconscious biases affect perceptions, behaviors, and judgments. Employing this science, scholars critique legal doctrine and challenge courts to take accurate theories of human behavior into account or to explain their failure to do so. Largely absent from this important conversation, however, are Fourth Amendment scholars. This void is surprising because the lessons of implicit social cognition can contribute much to understanding police behavior, especially as it relates to arrest efficiency or hit rates - the rates at which police find evidence of criminal activity …

Lawfare: A War Worth Fighting, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Coming Clean And Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing?, Michael W. Toffel, Jodi Short

Georgetown Law Faculty Publications and Other Works

Administrative agencies are increasingly establishing voluntary self-reporting programs both as an investigative tool and to encourage regulated firms to commit to policing themselves. We investigate whether self-reporting can reliably indicate effective self-policing efforts that might provide opportunities for enforcement efficiencies. We find that regulators used self-reports of legal violations as a heuristic for identifying firms that are effectively policing their own operations, shifting enforcement resources away from voluntary disclosers. We also find that firms that voluntarily disclosed regulatory violations and committed to self-policing improved their regulatory compliance and environmental performance, suggesting that the enforcement relief they received was warranted. Collectively, …

Law As Asymmetric Information: Theory, Application, And Results In The Context Of Foreign Direct Investment In Real Estate, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

In his seminal 1970 article on lemon markets, George Akerlof posited the possibility of market failure in the presence of asymmetric information regarding a good’s value. In the intervening four decades, the importance of accurate valuation information has grown as transnational trade has boomed. The aim of the instant article is to assess the potential impact on transnational trade of asymmetric information regarding the legal attributes of a given good. Inaccurate or asymmetric information regarding relevant legal attributes may give rise to the same problem of market failure that Akerlof initially posited. If buyers are unsure of the ownership of …

Democracy Promotion In The Obama Administration: An Opportunity To Match Action To Rhetoric, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of …

Law's Visual Afterlife: Violence, Popular Culture, And Translation Theory, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

In Walter Benjamin’s essay, “The Task of the Translator,” Benjamin argues that translations enable a work’s afterlife.  Afterlife is not what happens after death but what allows a work (or event or idea) to go on living and to evolve over time and place and iteration.  In its afterlife, the original is transformed and renewed.  In this piece I explore film’s visual translation of law and the role film plays in law’s afterlife.  Film translates law not by translating from one language to another, but by translating between media and discourses.  The cultural-critical lens of translation highlights the discursive similarities …

Risk Taking And Force Protection, David Luban

Georgetown Law Faculty Publications and Other Works

This paper addresses two questions about the morality of warfare: (1) how much risk must soldiers take to minimize unintended civilian casualties caused by their own actions (“collateral damage”), and (2) whether it is the same for the enemy's civilians as for one's own.

The questions take on special importance in warfare where one side is able to attack the other side from a safe distance, but at the cost of civilian lives, while safeguarding civilians may require soldiers to take precautions that expose them to greater risk. In a well-known article, Asa Kasher and Amos Yadlin argue that while …