Law Commons^™

Radio Revolution: The Local Community Radio Act's Expansion Of Possibilities For Low-Power Fm Stations, Jeffrey M. Echert

Washington Journal of Law, Technology & Arts

This Article explores the struggle to establish low-power FM radio stations on airwaves already crowded with full-power stations. Historically, urban markets have provided few opportunities for low-power stations due to third-adjacent channel protections—there are only so many frequencies available in a given city. The Local Community Radio Act of 2010 gives new stations an advantage in the debate by eroding these protections. In October of 2013, the FCC opened the application window for new low-power stations—only the second window since the inception of low-power FM in 2001. During the window, the FCC received 2,800 applications, including eighty-one from Washington State. …

Ali-Aba Scholarship And Leadership Award 2006–2015, Notre Dame Law School

Student, Faculty, and Staff Awards

In recognition for being the graduate in this law school class who best represents a combination of scholarship and leadership, the qualities embodied by the ALI-ABA parent organizations, the American Law Institute, and the American Bar Association.

Foreword For The Inaugural Issue Of The Canadian Journal Of Comparative And Contemporary Law (Cjccl), Lorne Sossin

Articles & Book Chapters

It is my privilege to offer this brief foreword for the inaugural issue of the Canadian Journal of Comparative and Contemporary Law (CJCCL), launched in 2013 by Thompson Rivers University Faculty of Law. 1 will offer a word or two about the Journal and then a word or two about its first issue, which grapples with the complex interrelationship between health law and human rights.

Some might see this as a perilous moment at which to launch a new law journal. We are by any measure at the crossroads of significant change in the dissemination of ideas about law and …

On Inaccessible Judgments, The Role Of Ngos In Advancing Global Justice, And African State Practice On Universal Jurisdiction, Charles C. Jalloh

Articles

No abstract provided.

A Traditionalist's Take On Bankruptcy Intersections, Stephanie Ben-Ishai

Articles & Book Chapters

No abstract provided.

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

“You Have To Confess”: Rape And The Politics Of Storytelling, Tara Roeder

Journal of Feminist Scholarship

This article examines the discourse of rape in contemporary culture, paying special attention to the courtroom setting, where rape victims are often required to tell cohesive, linear narratives that underscore their blamelessness if they hope to be believed. Because of deeply entrenched cultural myths about rape, the type of story often required for the successful prosecution of perpetrators may require rape victims to construct narratives that do not accurately reflect their lived experience. Writers such as Susan Brison, Patricia Weaver Francisco, and Alice Sebold engage with the complex politics of rape and its telling in their memoirs. While constructing stories …

The Power And Joy Of Derby: Women’S Participation, Empowerment, And Transformation In A Flat-Track Roller Derby Team, John Paul, Sharla Blank

Journal of Feminist Scholarship

In what ways do sports make a difference in the lives of the people who play them? In this paper, we employ a sporting feminist perspective to answer this question and detail how women benefit from the sport of roller derby. Our analyses are structured around the themes of the body (exploring examples of bodily empowerment and reconceptualization); the team (highlighting feminist themes of loyalty and team as family); and the crowd (identifying the ways in which derby is “sold” to the crowd, as well as the ways in which athletes use derby to challenge conceptions of beauty, desirability, and …

Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters

Journal of Feminist Scholarship

Interweaving personal anecdotes, feminist theory, and literary and popular culture references, this article attempts to provide answers to the question of how we build a social movement and establish solidarity among women while still recognizing and respecting difference. The article traces historical accounts of feminists contending with the “difference impasse” and argues that we should return to and revise the feminist thought that preceded us, weaving together theories from our feminist past with contemporary models, including those of feminist psychoanalyst Jessica Benjamin and her ideas of “mutual recognition” and intersubjectivity. Drawing on fictional accounts from literature by women writers, the …

She Legislates, He Scandalizes: Reenvisioning The Impact Of Political Sex Scandals On Assemblywomen In New York, Hinda Mandell

Journal of Feminist Scholarship

A rash of three political sex scandals within the span of less than two years, from 2012 to 2014, shook the New York State Assembly. All of the sex scandals involved male politicians accused of sexual harassment of female staffers and subordinates. This study investigates how New York State assemblywomen were impacted by the scandals of their male colleagues, exploring the “contagion” of scandals (Adut 2008). Interviews were conducted with eight assemblywomen in 2014, although all 33 assemblywomen serving in the legislature at the time of this research endeavor were invited to participate in a research interview. Findings indicate that …

She Had A Name That God Didn’T Give Her: Thinking The Body Through Atheistic Black Radical Feminism, Marquis Bey

Journal of Feminist Scholarship

The article attempts to demonstrate the necessity of acknowledging the body when considering the current Black Lives Matter movement, give an account of Black female and trans erasure, and ultimately (re)affirm the lived embodiment of Black, female, and trans bodies, all through an atheistic lens. Atheism here, while indeed denying the existence of gods, has as its primary concern affirming life. Too often is theology, as theologian Anthony Pinn says, “a theology of no-body”; thus atheistic feminist Blackness, as understood here, seeks to entrench the body rather than abstract it. Atheistic feminist Blackness reinscribes and affirms the subjectivity and humanity …

Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil

Articles & Book Chapters

No abstract provided.

The Issue Is Not The Issue, Sara Abiboutros

City University of New York Law Review

No abstract provided.

Proceedings Of The Ninth International Humanitarian Law Dialogs, International Criminal Law: Year In Review 2014–2015, Mark A. Drumbl

Scholarly Articles

This publication is based on Professor Drumbl's remarks on September 1, 2015, at the Ninth International Humanitarian Law Dialogs held in Chautauqua, New York.

What I do not want to do is review and repeat what has already been said about the international arena. I thought what I would do is boil it down to a couple observations that I have about the activities at the international institutions over the past year, and discuss four elements that have emerged.

One is transition. What I mean by this is that the work of a number of the international institutions is winding …

Expression Is Camouflaged, Nicole Esposito

Government Undergraduate Publications

The freedom of expression in the American military is an ongoing issue, especially concerning the Don’t Ask, Don’t Tell policy, tattoo policy, and freedom of speech. In 1993, the Don’t Ask, Don’t Tell policy affected homosexuals serving in the military by restricting LGBT members from serving our country, resulting in issues that rippled throughout the country. This restriction was repealed in 2010, and controversy concerning the subject is ongoing.

Diversity As A Law School Survival Strategy, Aaron N. Taylor

Saint Louis University Law Journal

No abstract provided.

The Armed Career Criminal Act: A Severe Implication Without Explanation, T.J. Matthes

Saint Louis University Law Journal

No abstract provided.

Teaching Business Organizations From A Transactional Perspective, William K. Sjostrom Jr.

Saint Louis University Law Journal

No abstract provided.

The Rites Of Dissent: Notes On Nationalist Federalism, Jessica Bulman-Pozen

Saint Louis University Law Journal

No abstract provided.

Time For A Restatement, Irma S. Russell, Robert Percival, Tracey Hester, Victor Flatt, Joel Mintz

Faculty Journal Articles & Other Writings

After a quarter century of statutory stagnation, the American Law Institute needs to address environmental laws, regulations, and judicial decisions to clarify and solidify the consensus to date and the need for evolution to address emerging threats.

Standards Of Review In Montana Appellate Courts - Documents, Jeffrey T. Renz

Faculty Journal Articles & Other Writings

This document and the three additional files set out the standards of review applicable to various cases and issues before the Montana Supreme Court. These documents explain what the various standards mean and how the appellate attorney should consider them. They also point out those few occasions when the Court has been imprecise or inconsistent in articulating the standards so that both lawyers and judges may avoid those statements. Three additional files are attached to this document. The first addresses the standards applicable to issues on appeal in civil cases. The second sets out the standards that apply to issues …

The Import Of History To Corporate Law, Dalia Tsuk Mitchell

Saint Louis University Law Journal

No abstract provided.

Experiencing Business Associations In The Classroom, Esther Barron

Saint Louis University Law Journal

No abstract provided.

Visa Denied: Why Courts Should Review A Consular Officer’S Denial Of A U.S.-Citizen Family Member’S Visa, Gabriela Baca

American University Law Review

No abstract provided.

The Limits Of Executive Authority To Preempt Contrary State Laws In Foreign Affairs After Medellín V. Texas, Shahrzad Noorbaloochi

American University Law Review

No abstract provided.

The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili

American University Law Review

No abstract provided.

D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf

American University Law Review

The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …

Property Rebels: Reclaiming Abandoned, Bank-Owned Homes For Community Uses, Valerie Schneider

American University Law Review

No abstract provided.

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.

My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

None.