Law Commons^™

Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes

Biennial Conference: The Social Practice of Human Rights

According to the World Inequality Report 2018 (WID 2017), Brazil is one of the few countries that has not recently displayed an increase in income inequality, having instead sustained it on persistently very high levels, actually composing the world’s “inequality frontier”. While such levels of inequality may be partly attributed to poor distribution of property rights, human capital endowments, and specificity of labor relations, a significant part of it is undoubtedly due the national fiscal system’s reduced distributive capacity, compromised by one the worst taxation systems in the world. Occupying the 184th position out of 190 countries in the World …

How Can Human Rights Activism Help Tackle Economic Inequality? Lessons From Mining Affected Communities In South Africa, Allison Corkery

Biennial Conference: The Social Practice of Human Rights

The dramatic rise in socioeconomic inequality produced by neoliberal globalisation has provoked a crisis of confidence in the human rights community and inspired a wave of debate about whether human rights have anything meaningful to offer in advancing economic justice. The pessimistic view argues human rights are inadequate for challenging socioeconomic inequality because they are too closely aligned to Western liberalism and too uncritical of the rise of capitalism. The more optimistic view does not dismiss these critiques entirely. It argues that they are only valid for particular (arguably dominant) types of human rights praxis, however. Failing to acknowledge this …

The Rise Of ‘Right-Wing’ Human Rights Rhetoric: A Palestinian & Israeli Case Study, Leah Wilson

Biennial Conference: The Social Practice of Human Rights

Human rights are historically understood as ‘liberal’ rhetoric, yet the following study will present an unprecedented turn by an Israeli ‘right-wing’ organization to human rights language and methodologies as a means to advance their goals. For context, the study will review how ‘liberal’ organizations in the region have employed rights-based frameworks, dating back to the rise of the first intifada in the late 1980’s. Specifically, the study focuses on three organizations that utilize the Israeli court system for their work: ACRI (Association for Civil Rights in Israel), Adalah (The Legal Centre for Arab Minority Rights in Israel), and HaMoked. Human …

Central Bank Of The Future, University Of Michigan Law School

Event Materials

Program for the 2019 Central Bank of the Future Conference, hosted by the University of Michigan's Center on Finance, Law & Policy.

Davis County, Plaintiff/ Appellant V. Johnson & Johnson; Janssen Pharmaceuticals, Inc, Defendants/Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Interlocutory appeal from an order of the Honorable David M. Connors in the Second Judicial District Court

Andrew G. Deiss (7184), Attorneys for Johnson & Johnson; Janssen Pharmaceuticals, Inc.

Douglas B. Thayer (8109), Attorneys for Davis County

Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Affordability Boards: The States’ New Fix For Drug Pricing, Tara Sklar, Christopher Robertson

Faculty Scholarship

A new Maryland law that creates a prescription-drug affordability board to help the state regulate drug prices may be a harbinger of what’s to come in drug-pricing legislation. The law permits cost reviews when drug prices or price increases exceed specified thresholds. Establishing affordability boards may be a natural next step that more states take to exert a stronger influence over price spikes and still survive legal challenges.

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels

Biennial Conference: The Social Practice of Human Rights

Partnerships between human rights practitioners, local communities, scientists, engineers, and health professionals have shown potential to address deeply rooted, systemic human rights concerns. These collaborations are essential for achieving the UN Sustainable Development Goals (SDGs), and for engaging the perspectives and expertise of all constituents. However, even when the individuals in these partnerships or the organizations they represent have common goals, their motivations, analyses, and solutions often come from different perspectives. Members of good will can inadvertently alienate one another when attempting to work together. The fields of human rights, social justice, environmental justice, and ethics have each developed their …

Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak

Biennial Conference: The Social Practice of Human Rights

Lawmakers, technology companies, and the general public are increasingly concerned about the prevalence of “deep fake” videos. Often shared on social media platforms, these digitally altered videos are made possible with recent advances in machine learning and artificial intelligence.

Although altered and faked media content is not necessarily a new issue, images and videos can now be altered quickly, cheaply, and more convincingly than ever before. An underlying concern is that platforms will be overwhelmed with believable deep fakes, leaving Internet users struggling to discern fact from fiction. Yet a future in which no one call tell what is real …

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Biennial Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.

Does The Right To Equality Extend To Economic And Social Rights?, Gillian Macnaughton

Biennial Conference: The Social Practice of Human Rights

We are familiar with ‘equality before the law' and ‘one-person-one-vote’ as standards of the right to equality in international and domestic law. These standards address equality of civil and political rights. This paper considers whether the right to equality in international human rights law extends to economic and social rights as well. Article 1 of the Universal Declaration of Human Rights states “All human beings are born free and equal in dignity and human rights.” On its face, this article appears to require equality of all rights – including economic and social rights. Yet, many human rights scholars maintain that …

Berkheimer V. Hp Inc., 881 F.3d 1360 (Fed. Cir. 2018), Chelsea Murray

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Dazed And Confused: Copyright Limitation, Elizabeth Sawyer

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Who Cares About The Modern Creator?, Jacqueline Malzone

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

October 2, 2019: What Are The High Holy Days About?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What are the High Holy Days About?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law Review Cite Checking, Heather Simmons, Jason Tubinis

Presentations

Bluebook and cite checking for law review, presented by the law library. This session is only for members of the Georgia Law Review, the Georgia Journal of International & Comparative Law, and the Journal of Intellectual Property Law.

Finding The Goldilocks Zone: Negotiating Your First Employment Offer In Legal Academia, Darby Dickerson

Journal of Legal Education

No abstract provided.

From Memphis, With Love: A Model To Protect Protesters In The Age Of Surveillance, Farrah Bara

Duke Law Journal

In 1978, after two years of contentious litigation, the City of Memphis entered into a unique agreement with its citizens: it signed a consent decree, stipulating that it would halt its interference with First Amendment–protected activities. More specifically, the Consent Decree barred the City from surveilling protesters—the very conduct that triggered litigation.

Fast forward forty years. In 2018, narratives of police brutality dominated the nation’s headlines. Consequently, protesters demonstrated from the streets of Ferguson, Missouri to Oakland, California. And in Memphis, Tennessee, those who protested were often met with an all-too-familiar response—surveillance by the Memphis Police Department. That is until …

Jurisdiction Stripping Circa 2020: What The Dialogue (Still) Has To Teach Us, Henry P. Monaghan

Duke Law Journal

Since its publication in 1953, Henry Hart’s famous article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic , subsequently referred to as simply “The Dialogue,” has served as the leading scholarly treatment of congressional control over the federal courts. Now in its seventh decade, much has changed since Hart first wrote. This Article examines what lessons The Dialogue still holds for its readers circa 2020.

Journal Staff

Duke Law Journal

No abstract provided.

Envisioning A Compulsory-Licensing System For Digital Samples Through Emergent Technologies, Christopher R. Sabbagh

Duke Law Journal

Despite the rapid development of modern creative culture, federal copyright law has remained largely stable, steeped in decades of tradition and history. For the most part, copyright finds strength in its stability, surviving the rise of recorded music, software programs, and, perhaps the most disruptive technology of our generation, the internet.

On the other hand, copyright’s resistance to change can be detrimental, as with digital sampling. Although sampling can be a highly creative practice, and although copyright purports to promote creativity, current copyright law often interferes with the practice of sampling. The result is a largely broken system: Those who …

Finding The Goldilocks Zone: Negotiating Your First Employment Offer In Legal Academia, Darby Dickerson

Journal of Legal Education

No abstract provided.

Unqualified Ambassadors, Ryan M. Scoville

Duke Law Journal

In making appointments to the office of ambassador, U.S. presidents often select political supporters from outside the ranks of the State Department’s professional diplomatic corps. This practice is aberrational among advanced democracies and a source of recurrent controversy in the United States, and yet its merits and significance are substantially opaque: How do political appointees compare with career diplomats in terms of credentials? Are they less effective in office? Do they serve in some countries more than others? Have any patterns evolved over time? Commentators might assume answers to these questions, but actual evidence has been in short supply. In …

Commentary: Venezuelan Democracy: Bolivar’S Shattered Dream, Juan E. Chebly

Journal of Vincentian Social Action

Venezuela is one of the oldest democracies in Latin America, dating back to 1958, and has been under attack ever since.Venezuelan armies never conquered, they liberated nations. Led by Simon Bolivar, the Liberator, Venezuelans stood by their neighbors in their quest for freedom and many gave their lives to liberate six nations from oppression (Arana, 2013). Venezuela has served as a beacon of freedom in a land plagued by authoritarian rule over the centuries.

The Forgotten Few: Foreign Professional Workers & U.S. Foreign Policy, Adrian Pandev

Journal of Vincentian Social Action

U.S. foreign policy took a dramatic shift since the Trump Administration took office in 2017. The country has pulled out of the Paris Agreement, has imposed more sanctions on Russia, and has vowed to renegotiate international trade deals to “Make America Great Again.” U.S. foreign policy has an enormous impact on the lives of foreign professionals, from the ability to obtain work visas to being able to simply travel to the U.S. to pursue employment opportunities.

Corruption, Political Instability And Transnational Crime In The Country Of Guinea-Bissau, Brian K. Harte

Journal of Vincentian Social Action

Internationally, Guinea-Bissau is regarded as a ‘cocaine gateway’ and transition point for narcotics trafficking from South America to West Africa, and into Europe (United Nations, 2011). Furthermore, “many esteemed experts have asserted that West Africa, and Guinea-Bissau in particular, is crumbling under the pressures posed by this drug trade which threatens to turn the region into an epicenter of lawlessness and instability” (Bybee, 2011, p. 3). We will provide an overview of transnational crime, corruption and political instability that contribute to social unrest within the country of Guinea-Bissau.

Colombian Conflict: A Sociological View Of A Gendered Society, Jorge Restrepo

Journal of Vincentian Social Action

Jorge Restrepo, having lived and experienced Colombian conflict, explores how the construction of the war narrative was driven by berracos (an expression used in Colombia to identify uber-males masculinized by war). In Colombia, women, afro-Colombians, native-Colombians, LGBT, anyone over sixty (as they are not perceived useful to society), children (childsoldiers), who have no representation before the government, the voiceless minorities, were cruelly marginalized. The Colombian conflict imposed a power dynamic between men, women, and other minorities, established by the government and the FARC (Revolutionary Armed Forces of Colombia - People’s Army) as part of their internal war.

Sisters Of The Caliphate: Media And The Women Of Isis, Kathleen German, Rosemary Pennington

Journal of Vincentian Social Action

Women have long been viewed as the “weaker sex”–more peace-loving and passive than men. However, clashes in Sri Lanka and Northern Ireland have shown that women are both willing and able to participate in violent conflict (Alison, 2004; Cheldelin & Eliatamby, 2011). We will specifically examine the recruitment to and roles of women in the Islamic State through an examination of the scholarship on female fighters, in order to contextualize the women of ISIS. We conclude with a suggestion that scholars and others interested in the experience of women in conflict move away from overly simplistic framings which suggest women …