Law Commons^™

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell

Koritha Mitchell

The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …

Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon

Rachel Simon

This article addresses the gender bias presented by the disparate treatment of sex and violence under current obscenity jurisprudence. Under the controlling standard set forth by the Supreme Court in Miller v. California, sexual works may readily be regulated as obscenity, while violent works unequivocally may not. This article posits that this disparate treatment is the product of entrenched stereotypes about the way men and women “should” react to sex and violence, and notes the hypocrisy of failing to apply the same reasoning to assessments of violent versus sexual material.

First, reliance on “community standards” to define what material …

A Less Hazardous Freedom? Critiquing The Student Welfare Standard For Potentially Harmful Student Speech, Jonathan A. Blume

Jonathan A Blume

From the school shootings at Columbine to the suicides of LGBT teens traumatized by the words of their intolerant classmates, the issue of violent and emotionally wounding student speech is increasingly becoming a prominent concern. Attempting to address the dangers of such speech, courts have gradually shifted from the bold First Amendment protections of Tinker v. Des Moines Independent Community Schools, moving instead toward a student welfare standard for evaluating potentially harmful student speech. The student welfare standard emphasizes the potential harm from speech, allowing school administrators to restrict student speech posing a significant danger to student safety or welfare. …

The Pedagogy Of Violence, Yxta M. Murray

Yxta M. Murray

In The Pedagogy of Violence, I develop a legal theory of the ways in which human beings teach each other to be violent. I am responding to the “contagion of violence” theory advocated by legal theorists such as Colin Loftin and Dr. Jeffrey Fagan, who argue that violence is akin to a contagious disease. Using disease as their paradigm, Loftin and Fagan contend that courts and political institutions should address the problem of violence through what they call the “epidemiological” approach; that is, they say that violence should be addressed as a public health problem. Though I do not take …

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy?, Stephen D. Lichtenstein

Jonathan J. Darrow

Millions of students are enrolled in colleges and universities in the United States and abroad. While universities are not insurers of the safety of their students, faculty, staff or others in their community, university campuses are generally safe when compared to urban environments. However, tragic and infamous acts of campus violence including the rape and murder of Jeanne Clery at Lehigh University, the infamous 2007 Virginia Tech tragedy resulting in the death of thirty-three and, more recently, the alleged murders of three colleagues by faculty member Amy Bishop provide evidence and anecdotes that the risk of campus violence remains high. …

New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The Special Section on developmental research on social information processing (SIP) and antisocial behavior is here introduced. Following a brief history of SIP theory, comments on several themes—measurement and assessment, attributional and interpretational style, response evaluation and decision, and the relation between emotion and SIP—that tie together four new empirical investigations are provided. Notable contributions of these studies are highlighted.

Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge

Reid G. Fontaine

Chapter has no abstract

The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant

David B Kopel

Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.

Rearranging Deck Chairs On The Titanic: Why The Incarceration Of Individuals With Serious Mental Illness Violates Public Health, Ethical, And Constitutional Principles And Therefore Cannot Be Made Right By Piecemeal Changes To The Insanity Defense, Jennifer Bard

Jennifer Bard

The author argues that the problem of adjudicating the mentally ill who commit crimes is too large a societal issue to be resolved by refining the insanity defense. Since this is a threat to the public's health, it is fair to describe the current situation as a public health crisis. First, by not providing adequate mental health resources we create conditions in which people with mental illness find themselves in situations where due to their illness they have the opportunity to commit criminal acts which are causally related to the impairment of their thought process. Second, when people with mental …

Lessons From Malcolm X: Freedom By Any Means Necessary, Ali Khan

Ali Khan

It is no secret that Malcolm's doctrine of freedom by any means necessary generates fear. It advocates the use of force in an attempt to gain social justice which poses a threat to law and order of the society. This concept is particularly disturbing to those who control the means of change. This idea, however, is also disturbing to those who prefer non-violence even when they are subjected to injustice, those who have resigned themselves to failure, and to those who have been filled with fear ever since they were babies. Malcolm understood the impact of his militancy, and he …