Law Commons^™

Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton

Indiana Journal of Law and Social Equality

No abstract provided.

Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison

Sari M Graben

The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …

Regulating For The Public Health: Perchlorate Regulation Under The Safe Drinking Water Act Exceeds Statutory Authority, Mary Jones

Mary Jones

This paper recommends rethinking the statutory framework of the Safe Drinking Water Act (SDWA) to provide a more robust rubric, to include a scientific and objective focus, for proper regulation. The SDWA is evaluated through the lens of upcoming perchlorate regulation due in February 2013.

The United States Environmental Protection Agency (EPA) regulates acceptable contaminant levels and decontamination processes for all public water systems, pursuant to statutory authority granted by the SDWA. Where the policy at work is admirable, the execution falls short.

Perchlorate occurs naturally, but also as a by-product to rocket fuel, firework, and other explosive constructions. Scientific …

Was Ellen Wronged?, Stephen P. Garvey

Cornell Law Faculty Publications

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only …

The Legacy Of Social Darwinism: From Railroads To The 'Reinvention' Of Regulation, Yair Sagy

Yair Sagy

According to accepted wisdom, new paradigms of regulation are upon us. This Article challenges this conception. It revisits the work of the leading regulator and theoretician of regulation in post-Civil War U.S., Charles Francis Adams, Jr., and argues that contemporary regulation reverts to Adams' theory of regulation, rather than introducing a revolutionary chapter to the intellectual history of regulation in the United States. The Article operates on three levels. On one level, it offers a new interpretation of Adams' seminal theory by revealing the hold that Herbert Spencer and Social Darwinism had on his work. On another level, the article …

Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein

Michigan Law Review

A couple million indigent defendants in this country face bail hearings each year and most of them do so without court-appointed lawyers. In two recent companion cases, Lafler v. Cooper and Missouri v. Frye, the Supreme Court held that the loss of a favorable plea bargain can satisfy the prejudice prong of an ineffective assistance of counsel claim. If the Constitution requires effective assistance of counsel to protect plea bargains, it requires the presence of counsel at proceedings that have the capacity to prejudice those bargains. Pretrial detention has the capacity to prejudice a plea bargain because a defendant held …

Risk Personality And Fraud, Renee Jones

Renee Jones

No abstract provided.

Author Meets Reader - After The Standard Contract Of Employment: Innovations In Regulatory Design, Thomas Kohler

Thomas C. Kohler

Panel on the book Re-thinking Workplace Regulation: Beyond the Standard Contract of Employment by Harry William Arthurs and Katherine V.W. Stone.

Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia

Frank J. Garcia

Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global …

Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia

Frank J. Garcia

Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global …

Constitutional Patriotism: A Reasonable Theory Of Radical Democracy?, Vito Breda

Vito Breda

Since its first appearance just over a decade ago, Habermas's constitutional patriotism has inspired a rich and articulate series of theoretical analyses and has indirectly encouraged constitutional projects such as the Constitution for Europe. The popularity of constitutional patriotism among political and constitutional theorists has, however, also generated some confusion over the aims and basic structure of Habermas's endeavour. For instance, it is unclear whether constitutional patriotism ought to be considered a constitutional or political theory. This paper seeks to clarify some of the misunderstandings surrounding constitutional patriotism. It will contend that the theory is, at its core, a political …

Securities Violations In 140 Characters Or Less: Social Media And Its Growing Impact On The Securities Industry, Kevin Etzel

Touro Law Review

As social media continues its rapid ascent, the law must be able to keep pace. The securities industry is where one area that must keep pace. This Comment demonstrates the drastic effects, both positive and negative, that social media has on securities regulation.

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Angela Goodrum

No abstract provided.

In Memory Of Professor Derrick Bell, Bell Symposium

Seattle University Law Review

Derrick Bell—law teacher, mentor, scholar, activist, author, loving husband and father—larger than the sum of his many parts. The articles in this symposium are fitting tributes to his legacy and valuable contributions to Derrick’s memory.

The Scientifically Trained Law Clerk: Legal And Ethical Considerations Of Relying On Extra-Record Technical Training Or Experience, Timothy Li

Timothy Li

Technically trained law clerks should be permitted to rely on extralegal scientific principles, but only if those principles are objectively verifiable and not subject to reasonable dispute—a standard that matches Federal Rule of Evidence 201. By contrast, law clerks should not rely on extralegal scientific principles that are not objectively verifiable or beyond reasonable dispute. Technical training is particularly useful for law clerks at the Federal Circuit Court of Appeals because of its focus on patent cases. Technically trained clerks could also be useful at the trial level because the district courts recently began a ten-year Patent Pilot Program.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

UC Irvine Law Review

No abstract provided.

Reforma Agraria, Violencia Y Derecho En Colombia, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

El hecho de que éste sea uno de los asuntos fundamentales a discutir llama la atención pero no es fortuito; refleja el carácter constitutivo de los problemas de inequidad sobre la tierra en el desarrollo del fenómeno de la violencia en Colombia. Teniendo en cuenta que dentro de los fines del Estado –y de su ordenamiento jurídico– se encuentra tanto la preservación de la seguridad e integridad de sus asociados, como la garantía de condiciones mínimas de subsistencia, ¿Cuál ha sido entonces el papel del derecho en dicho proceso?

Como se verá a continuación a través de una breve exploración …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright

University of Richmond Law Review

No abstract provided.

Degradation Ceremonies And The Criminalization Of Low-Income Women, Kaaryn Gustafson

UC Irvine Law Review

No abstract provided.

Empirical Intersectionality: A Tale Of Two Approaches, Ange-Marie Hancock

UC Irvine Law Review

No abstract provided.

Social Entrepreneurship: The Ideal Business For Humanity And The Economy, Maya D. Horgan

Pomona Senior Theses

This essay argues that social entrepreneurship is the most efficient means to generate lasting social change and permanently reduce poverty. Using the support of scholarly research, interviews with experts in the field, and my own qualitative observations, I conclude that traditional aid models that are economically dependent on outside funding, as well as those that simply provide monetary and product contributions in order to sustain the poor or marginalized communities they serve are inherently structured in a way that prevents them from resolving social ills. Despite the influx of aid organizations over past decades, chronic poverty and other serious social …

Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav

Faculty Scholarship

In the world of Judaism, the “end of men” is not in sight. Surely, tectonic plates are sliding and shifting, and a great deal of change is unfolding, but men are fighting hard to keep patriarchy alive. Deep inside, the Orthodox patriarchal man may be motivated by the sheer impulse to maintain his power, but outwardly he projects a profound commitment to his religious law, the law of God. He believes that his fight is a noble one ordained by divine will and that God is on his side. The problem is global; it appears in every Jewish community around …

The Hastie Fellowship Program At Forty: Still Creating Minority Law Professors, Thomas W. Mitchell

Faculty Scholarship

This article provides a history of and information about the structure of the William H. Hastie Fellowship Program at the University of Wisconsin Law School. This article is part of a series of articles published by the Wisconsin Law Review commemorating Professor James E. Jones Jr., emeritus professor of law at the University of Wisconsin Law School and the founder of the Hastie Fellowship Program. Forty years after this pioneering program was established, the Hastie Fellowship Program continues to represent the preeminent pipeline program that has enabled more than 30 minority lawyers to become tenure-track law professors at law schools …

What Men?: The Essentialist Error Of The End Of Men, Nancy E. Dowd

UF Law Faculty Publications

Many aspects of The End of Men are debatable. Among them is the critical issue of essentialism: do Rosin's claims about women withstand scrutiny when we ask, “Is this representative of all women?” While women as a group may have progressed in some domains, they have remained the same or worse in others, and some women have not progressed at all.

An even more significant shortcoming of The End of Men, however, is its essentialism about men. Rosin assumes a beginning, namely, men's prior place of power and privilege in the domains she addresses. To assume that is true of …

Flannery O'Connor And The Mystery Of Justice, Matthew Holland Bryant Cheney

Masters Theses

The purpose of this study will be to begin to answer the question, “What is ‘justice’ in the work of Flannery O’Connor?” by approaching three stories—“The Comforts of Home,” “The Partridge Festival,” and finally “Everything that Rises Must Converge.” Each of these stories applies pressure to both individual and social conceptions of justice while fixating primarily on individuals’ just or unjust convictions and principles, usually in tension with those of their family or community. Flannery O’Connor’s work, while it seriously questions the possibility of “perfect” justice among a fallen humanity, exemplifies the paradoxes that arise from the contingency of our …

Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Participant, Sixth Annual Conference On Economics And Catholic Social Thought, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland

Ayriel Bland

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent …

Women Of Color In The Judiciary: An American Dream, Charles Z. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.