Law Commons^™

Trump’S Digital Rhetoric Of Hate: The Use Of Enthymemes In Creating Division, Tracey J. Hayes

Journal of Hate Studies

Donald Trump’s divisive rhetoric is a common topic among scholars and citizens of America and the World. Trump’s ability to connect with his followers through Twitter created a different environment than what past politicians encountered due to the unique affordances of social media and the negative attributes of Twitter. Trump’s communication style combined with the rhetorical device of the enthymeme in his tweets conveyed a range of bigoted ideologies, from misogyny to racism to classicism. This paper examines how Donald Trump’s tweets actively promote a hateful divide between Americans by investigating how enthymemes in his tweets are used, the ideographs …

“It’S Not Really Hate Crime” – Reframing Hate Crime As Not Police Business” – Police Narratives Of Resistance And Denial, Timothy Bryan, Lorretta Trickett

Journal of Hate Studies

Within a global pandemic and increased questioning of police utility and legitimacy around racism and violence against women and girls (VAWG), this article examines the gap between police policy and practices on hate crime. Based on research with police forces in Canada and the UK, it demonstrates how police officers view hate crime through a policing rather than victim-centred mandate. Without reframing hate crime as a public and community safety issue, hate crime policies and procedures designed to ‘take hate crime seriously’ are unlikely to do just that. Real ‘commitment’ is needed to tackle hate crime as part of the …

No Honor In Genocide: A Case Study Of Street Renaming And Community Organizing In The Wake Of National Decolonization Efforts, Margo Hill

Journal of Hate Studies

The United States hosts countless streets, structures, and cities named after colonial and military leaders. Although many of these white historical figures, like Robert E. Lee, were revered in their own eras, modern history now acknowledges their involvement in immoral acts such as slavery and genocide. As they recognize that individuals responsible for such traumatic events should no longer be honored, the citizens of many towns and cities across the nation are attempting to rename their public properties. These efforts, however, rarely prove straightforward; the process of renaming a single road, for example, requires a thorough understanding of city ordinances …

“Yellow Perils,” Revived: Exploring Racialized Asian/American Affect And Materiality Through Hate Discourse Over The Covid-19 Pandemic, Keisuke Kimura

Journal of Hate Studies

The goal of this essay is to explore what kind of hate is produced against Asian bodies in reaction to the COVID-19 pandemic. By centering Asian/American affect and materiality – marginalized voices, narratives, and feelings of Asian/Americans as affective-performative texts, this essay attends to critique the historical continuum of racial discrimination against Asian/Americans (i.e., yellow peril) and advocate for social justice, equality, and inclusion in the U.S. Overall, I argue that Asian/American bodies are both physiologically and ideologically desensitized, dehumanized, and weaponized as the revival of yellow perils over the COVID-19 pandemic. Moreover, this essay highlights the possibility of adding …

Know Thy Enemy: The Use Of Biometrics In Military Operations And International Humanitarian Law, Marten Zwanenburg

International Law Studies

Biometrics is a technology that is increasingly being adopted by armed forces. It is the automated recognition of individuals based on their biological or behavioral characteristics. Important questions in relation to the use of this technology by armed forces concern the legal framework that governs such use. This article discusses the relationship between International Humanitarian Law (IHL) and biometrics, by focusing on a number of different activities carried out during armed conflict in which biometrics can play a role. It concludes that although IHL contains no rules that expressly regulate the use of biometrics, a number of IHL rules are …

Are Taxes On Sugary Beverages The Answer To The Obesity Epidemic?, Juliana D'Alleva

Cardozo International & Comparative Law Review (CICLR) Blog

It is common knowledge nowadays that consuming sugar-sweetened beverages (“SSBs”) is associated with obesity, diabetes, and other poor health outcomes. 40% of the American public consumes 300-800 calories a day from soda. Unsurprisingly, over 40% of the American public is obese, with roughly 30% falling into the overweight category. Governments have sought to combat this issue by levying a tax on sugar-sweetened beverages to raise their price and deter their consumption. In this way, SSB taxes are the modern-day version of taxes on cigarettes. In this blog post, I will outline the different taxes on sugar sweetened beverages across the …

On A Different Course – Us Minimum Sound Requirements For Hybrid And Electric Vehicles, Megan Mccurdy

Cardozo International & Comparative Law Review (CICLR) Blog

In 2003, the National Federation of the Blind (NFB) voiced safety concerns for blind and all pedestrians resulting from the increase of “quiet vehicles.” While the NFB applauded the work of the automobile industry in creating a “less noisy environment,” it continued to caution safety concerns that are inevitable from the growing quiet car regime. While environmental groups were irked at the notion of an objection to the decades long efforts to address environmental hazards caused by the automotive industry, the efforts from NFB pushed forward. On January 6, 2011, President Obama signed the Pedestrian Safety Enhancement Act of 2010. …

Editorial Introduction, Lisa Silvestri

Journal of Hate Studies

For the past fifteen years I have written almost exclusively about American warfare in some capacity. As a Communication Studies scholar, my interest in war stems from its exemplary failure. War is communication through force; it is a last resort. As I continue to think, write, and reflect on the subject, I recognize that at the heart of my fascination with war is its inducement. How do we arrive at a warlike mind? On top of that, knowing what we know about war’s horror and trauma, why do we keep doing it? I’m not sure I will ever arrive at …

#Massprotests: The Abjuring Of The Other And Lessons From Gandhi, Anish Dave

Journal of Hate Studies

In recent years, organizers of mass protests have used social and digital media to form large physical gatherings. These media allow protesters to exchange texts and visuals quickly across vast distances, providing means to organize protests widely and efficiently. Although social media and digital communication have played a constructive and positive role in citizen protests (Gerbaudo, 2012), lately these media have witnessed polarized political discourses. This article examines the 2017 Women’s March, the largest protest in the U.S. history (Fisher, 2019), as a case study of an effective but a polarized protest. I analyze the discourse related to the march …

Justification By Race: Wesley Swift’S White Supremacy And Anti-Semitic Theological Views In His Christian Identity Sermons, Ana Bochicchio

Journal of Hate Studies

This article explores the discourses of Minister Wesley Albert Swift (1913–1970), one of the original and leading proponents of Christian Identity, a racial theology movement which emerged in the United States after World War II. It is not the aim of this study to analyze the discourse of Christian Identity as an isolated element, but to understand its interrelation with the political-religious culture of the country during the 1950s and 1960s. Christian Identity rhetoric may be understood based on its socio-historical context. During the formulative years of Christian Identity, nuclear anxieties, along with the fear of Communist infiltration, were deeply …

Kung Flu And Roof Koreans: Asian/Americans As The Hated Other And Proxies Of Hating In The White Imaginary, Julia R. Decook, Mi Hyun Yoon

Journal of Hate Studies

The COVID-19 pandemic brought about not only political, social, and economic disaster globally, but also rising hate and the exacerbation of social inequity. As the pandemic spread beyond China, hate crimes against Asians skyrocketed in the United States and internationally. Amidst growing xenophobia and a global health crisis, 2020 also marked worldwide Black Lives Matter protests. Memes that featured “Roof Koreans” started being shared during the protests, along with the already racist memes about COVID-19 that targeted Asians. In this essay, we critically analyze memes from the spring and summer of 2020 to examine how Asian/Americans are not only positioned …

Predictors Of Anti-Asian Xenophobia During Covid-19: Towards Developing Targeted Intervention Campaigns, Jennifer Lambe, Dannagal Young, Amy Bleakley, John P. Crowley, Kami Silk

Journal of Hate Studies

Anti-Asian xenophobia (AAX) spiked during Covid-19, exacerbating health disparities among affected groups. This study uses data from a national survey to identify predictors of AAX to enable targeting of audience segments and effective messaging to counteract Anti-Asian attitudes and behaviors. Using Intergroup Threat Theory (ITT) to pinpoint possible predictors, we find that situation specific variables such as favorability toward Trump and information seeking and avoidance behaviors consistently predict higher levels of AAX. Individual differences like being female, well-educated, and having a high tolerance for ambiguity are negatively related to AAX.

Accountability And Private-School Choice, Nicole Stelle Garnett

Books

Table of Contents

• Introduction
• The Parental-Choice Landscape
• Accountability and Parental Choice
• Accountability in Current Choice Programs
• The Challenges of Accountability in the Private-School-Choice Context
• Optimal Accountability for Chosen Schools
• Conclusion: Beyond Academic Accountability
• Endnotes
• About the Author

Is The Net Investment Income Tax A Treaty Override? Reflections On Toulouse, Reuven S. Avi-Yonah

Articles

In this article, AviYonah examines the U.S. Tax Court's judgment in Toulouse that the denial of foreign tax credits against the net investment income tax imposed by the Affordable Care Act was not a violation of U.S. tax treaties with France and Italy and its implications for whether the base erosion and antiabuse tax is a treaty override.

The Post-Grad Job Search: Everything 3ls Need To Know About, Cardozo Office Of Career Services

2021–2022 Flyers

No abstract provided.

Week Of October 4, 2021 - October 8, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Business Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Federalist Society
• Cardozo Health Law Society
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Life
• Cardozo Office of Student Services & Advising
• Cardozo on the Israeli-Palestinian Conflict (CIPC)
• Cardozo Startup Society
• Cardozo Students for Human Rights
• Floersheimer Center for Constitutional Democracy
• Jewish Law Students Association (JLSA)
• Public Interest Law Student Association (PILSA)
• Women in Tech Law

Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas

The Scholar: St. Mary's Law Review on Race and Social Justice

Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …

The Origins Of University Centers On Developmental Disabilities: Second Generation Expectations And Growth, Bryce Fifield, Marvin G. Fifield

Developmental Disabilities Network Journal

Part two of a two part publications tracing the evolution of University Centers on Disabilities. Originally University Affiliated Facilities evolved into University Affiliated Programs on disabilities. Early expectations outlined by President Kennedy's Committee on Mental Retardation grew as funding for disability services and programs became available. Key legislation, program developments and organizational decisions are described for the time frame of 1970 through 2000.

Mmu: 10/04/21–10/10/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley [Topel]

1L of the Week: Silas Kok

2l taking Ls: Estella Serrano

Ask a 3L: Will Quaranta

A Human Rights Crisis Under Our Roof, Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Model Rule 8.4(G) And The Profession’S Core Values Problem, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

Model Rule 8.4(g) declares it misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The American Bar Association (ABA) adopted the rule in 2016 in large part to effectuate the third of its four mission goals: Eliminate Bias and Enhance Diversity. The ABA adopted these goals in 2008, and they continue to serve as ABA’s statement of its mission.

A …

Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Ndls Communicator: Week Of 10.04.21, Notre Dame Law School

NDLS Communicator

The Latest News

• A look back at Supreme Court visits to Notre Dame Law School
• Justice Samuel Alito defends Supreme Court’s use of emergency docket
• Jay Tidmarsh presents at Society of Legal Scholars conference
• Lloyd Mayer spoke at University of San Diego on churches and tax-exemption
• Carter Snead interviewed on EWTN Radio

Alumni News

• Bailey Hans from the Class of 2021 won the 2021 Christopher E. Bergin Award for Excellence in Writing from TaxNotes.

Events

• Monday, October. 4: Graduate Seminar Speaker Series: Humanitarian-Development/Dignity with José Luis "Chito" Gascón, chair of the Philippines Commission on Human Rights, 12:30 p.m., 1310 Biolchini …

October 3, 2021: A Response To My Column Criticizing The National Vote Compact--What Ledewitz Missed, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Response to My Column Criticizing the National Vote Compact--What Ledewitz Missed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

(Un)Supervised Student Practice, Gillian R. Chadwick

San Diego Law Review

Law student practice is a powerful pedagogical tool that must be wielded judiciously. At its best, student practice coalesces a student’s professional values and prepares that student to become a competent, compassionate, and confident lawyer. However, the current regime of state student practice rules, rooted in the American Bar Association’s (ABA) model rule, undermines the integrity of student practice in several crucial ways. In most states, students are authorized to practice law without meaningful oversight by law schools, and supervisors need not complete any special training. Supervisors are not universally required to accompany students to court, even when students are …

Defamation Per Se Cases Should Include Guaranteed Minimum Presumed Damage Awards To Private Plaintiffs, Steven A. Krieger

San Diego Law Review

To combat the reputational harm associated with defamatory comments, forty states allow plaintiffs to recover presumed damages for reputational harm for defamatory statements considered “per se” defamation without having to prove the exact dollar figure associated with their reputational damages. While damages are presumed to a plaintiff’s reputation in a successful defamation per se lawsuit, the spectrum of presumed damages is so wide that there is almost no practical way for a plaintiff to reliably know the size of a presumed damages award, especially a lower-income plaintiff. Plaintiffs cannot evaluate the financial merit of a defamation lawsuit, which removes the …

Saving Class Members From Counsel, Jeremy Kidd, J.D., Ph.D., Chas Whitehead, J.D.

San Diego Law Review

The U.S. class action regime is supposed to obtain justice for victims and hold wrongdoers accountable. Instead, the system is filled with pathologies that combine to harm class members and allow defendants to minimize their responsibility. Victims are deprived of their property and due process rights. Adding insult to injury, the modern movement towards cy pres settlements also deprives victims of their free speech rights. Cy pres was borrowed from the law of trusts, but its use in class actions is unjustified. It is leading to greater corruption and collusion, opening the door to significant rent seeking. Most reform proposals …

Catch Up Capta: Amending Capta To Guarantee Children Legal Counsel In Dependency Proceedings, Taylor Needham

San Diego Law Review

This Comment will address children’s constitutional right to have legal counsel in dependency proceedings. Dependency proceedings include the entire dependency process, from the moment the child is removed from the parent’s custody until the child returns home or ages out of the foster care system. This Comment will not address the constitutional rights of parents to have legal counsel or the constitutional rights of children in private custody or other family law matters. Nor will it address the type of legal representation that children should receive.

While this Comment argues that all children have a constitutional right to legal counsel …

V.58-3, 2021 Masthead

San Diego Law Review

No abstract provided.

Immigration Detention As An Obstacle To Decarceration, Pedro Gerson

San Diego Law Review

Criminal legal reform and measures to reduce carceral populations have received increasing media and public policy attention nationwide. These efforts have mainly ignored a parallel development: the consistent rise in the use of immigration detention over the last decade. This Article bridges that gap by arguing that ongoing efforts to decarcerate states and localities may be foiled by immigration detention. This argument relies on three different descriptive claims. First, much scholarly work has shown the extent to which vested interests have hampered criminal legal reform; these same interests could look to immigration detention as an alternative protection. Second, the extent …