Law Commons^™

A Punishing Court Docket, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On The Opposition Of Practical And Theoretical, Elizabeth Earle Beske

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Transitional Justice, Peace, And Prevention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Email Etiquette, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Contesting Property Rights: Towards An Integrated Theory Of Institutional And System Change, Katharina Pistor

Faculty Scholarship

It is widely recognized that institutions are embedded in social systems and that institutions as well as social systems change over time. Several implications follow: First, institutions cannot be described and analyzed without referring to the system in which they operate; conversely, a system cannot be described without reference to its core institutions. Second, systems foster institutional change and can breed new institutions. Third, institutional change can have systemic implications and may even engender the formation of new systems. In short, the relation between institutions and systems is characterized by complex interactions. A better understanding of the dynamics of institutional …

9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Merger Simulation In An Administrative Context, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This article addresses the application of the economic literature on merger simulation to the practical context of antitrust enforcement. It highlights the value of simple simulations as a basis for creating screens and presumptions – particularly the gross upward pricing pressure index for the preliminary review of unilateral effects among sellers of branded consumer products and a presumption based on identifying mavericks for the analysis of coordinated effects – in order to provide guidance to merging firms and judges, who may not have specialized competition policy expertise. The article explains why antitrust agencies should rely on these approaches to identify …

Getting To Know The Poor, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sometimes Putting Pen To Paper Is Tougher Than It Seems, Heather Ridenour, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Proof(Reading) Is In The Pudding, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Introduction, John Shuford

Journal of Hate Studies

On behalf of the Gonzaga University Institute for Hate Studies and the Journal of Hate Studies, it is our pleasure to offer Volume 9 of the Journal. Herein readers will find a collection of eleven articles, a special interview with a recent Nobel Peace Prize nominee, and a remembrance of a woman whose life and work helped inspire the field of Hate Studies.

The present volume includes selected proceedings from the Second International Conference on Hate Studies, which took place April 6-9, 2011 in Spokane, Washington. These articles exemplify the conference’s theme of “Interdisciplinary Approaches to Understanding the Nature of …

Habits Of Hate: A Pragmatist Analysis Of Habits Of Racism And Nativism, Terrence Macmullan

Journal of Hate Studies

There are many different ways of recognizing, describing, and combating racism. This essay extends my previously published research on the topic of whiteness and habit to advance the argument that A) racism (by which I mean primarily white supremacist racism directed against people of color) still exists as a corrosive impediment to the realization of a truly fair and democratic American community, and B) it is best understood as a network of flexible, persistent, yet correctable habits. The primary value of seeing racism in America as being a problem of bad habits rather than as conscious actions or attitudes is …

Arizona’S Senate Bill 1070: Targeting The Other1 And Generating Discourses And Practices Of Discrimination And Hate, William Arrocha

Journal of Hate Studies

The state of Arizona, through its Senate Bill 1070, has made legal the practice of profiling as one of the key tools to regulate migration and differentiate those who are presumed to be residing in the state without legal documents. The state is encouraging xenophobia and empowering the groups with a strong anti-immigrant sentiment to become directly involved in the monitoring of such practice. History has shown us that when the state and large sectors of civil society exclude the “other” and criminalize his/her presence, hate toward the “other” is the most common result. The consequences of such a dynamic …

‘Combating The Scourge’: Constructing The Masculine ‘Other’ Through U.S. Government Anti-Trafficking Campaigns, Sarah L. Steele

Journal of Hate Studies

The author argues that nativism, racism, and anti-immigrant sentiment presented by representatives of the U.S. government in the context of human trafficking leaves both victims and traffickers portrayed as one-dimensional criminals. Current anti-trafficking regimes embody and restate xenophobic reactions directed against illegal migrant men, while often disguising the role domestic actors have in trafficking. Additionally, the images presented imply that traffickers are lacking in “proper” masculinity, particularly of the sort embraced by Americans. This article not only explores how government anti-trafficking statements made between 1998 and 2010 create and reinforce divides in masculinities based on regimes of racial domination, but …

Policing Hatred: A Case Study Of An English Police Force, Jordan Blair Woods

Journal of Hate Studies

This article makes an important contribution to the field of hate studies by advancing the understanding of hate crime policing in the United Kingdom. The article presents an ethnographic case study on hate crime policing within a small-city police station in England. The study focused primarily on the police station’s Community Cohesion Unit (CCU), which was responsible for supporting hate crime informants, and for monitoring and assisting police officers handling hate incidents and hate crimes. The case study is mostly descriptive and exploratory in nature. Its primary objective is to provide needed insight into the inner workings of a police …

The Community Security Trust – Best Practice In Combating Antisemitic Hate, Michael Whine

Journal of Hate Studies

The author describes antisemitic activity in post WWII Britain and the Jewish community’s response. as well as legal and political developments in the realm of antisemitism. The author recounts how the Community Security Organisation, which in 1994 became the Community Security Trust (CST), was established in an effort to address security issues being confronted by the Jewish community in Britain. The author details the structure of the CST and lays out its goals and methods. The organization’s activities, which are offered free of charge to the entire community, include providing suggestions and training to community groups and individuals regarding security …

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 …

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Samantar V. Yousuf, Chimène Keitner

Faculty Scholarship

No abstract provided.

The Potential Of Shared Decision Making To Reduce Health Disparities, Jaime S. King, Mark H. Eckman, Benjamin W. Moulton

Faculty Scholarship

No abstract provided.

Different Cultures, Different Conflicts: Sex Discrimination Law And The United States And Japan, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Between The Kingdom And The Desert Sun: Human Rights, Immigration, And Border Walls, Moria Paz

Faculty Scholarship

A peculiar construction boom is in progress worldwide: border walls are being installed by wealthy countries at an unprecedented rate in order to control unwanted immigration by poor people. This Article asks why, almost a quarter of a century after the Iron Curtain came down, the walls are now going up again. It suggests a provocative answer: these separation barriers are a logical response by States to the way in which human rights law has been enforced in cases bearing on immigration. In other words, and counter-intuitively, the recent boom in border wall construction signals the success of the human …

‘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 …