Law and Society Commons^™

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to …

The Politics Of Supplementing Failure Under No Child Left Behind: How Both Left And Right Are Forcing Low-Income Children To Choose Between A Deficient Education And Working Overtime, Monica Teixeira De Sousa

Nevada Law Journal

This Article analyzes NCLB's Supplemental Educational Services provision and exposes its shortcomings. Part I introduces the voluntary overtime work approach of SES and highlights its flaws and limitations. Research reveals that the voluntary overtime work model is designed for the exceptional student and does not provide meaningful opportunities to the majority of students in under-performing schools. Part II presents the legal and political context in which policymakers created SES and shows how they failed to assess realistically the many challenges facing students today. In particular, the legislative history reveals that ideology--a blend of free-market and “pull yourself up by your …

Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman

Nevada Law Journal

Today, breastfeeding, human breast milk, and its substitute, infant formula, are commodities. "Mothers' milk" is marketed both literally and figuratively, as a good for sale, a normative behavior, and a cure for much of what ails twenty-first century America. Like previous exploitations of women's bodies, including their eggs and uteruses, the idea that human milk is a valuable good that can be given away, traded in a market, or subjected to scientific experimentation raises fundamental moral and legal questions. This Article examines the marketing of breastfeeding, the emerging markets in human milk, and the growing market in infant formula through …

Book Review: Bob Rains, True Tales Of Trying Times: Legal Fables For Today (2008), Erik M. Jensen

Nevada Law Journal

In this jewel of a book, Rains presents a collection of fifty-two fabulous "legal fables," each describing real judicial decisions from the last four or five years- in that respect, not fables at all. Unlike the typical law review article, his book actually deals with the law. And Rains's poetic commentary accompanies all the fables. Like much of Rains's work, the book has both rhyme and reason.

The National Conference Of State Legislatures’ Attempt To Reform The Initiative Process: What Nevada Needs To Do To Heed The Ncsl’S Advice, Miranda Mahe

Nevada Law Journal

This article examines the initiative process. Currently, twenty-four states utilize the initiative process in one form or another as a popular way for their citizens to directly voice their opinion on what laws they want passed. Unfortunately, the process is somewhat prone to fraud. A petition’s proponents usually pay circulators for each signature they obtain, whether or not the Secretary of State ultimately validates it.

In Part II, this Note looks at the history of the initiative process, the initiative process in Nevada, in particular, and the National Conference of State Legislature’s recommendations. Part III analyzes which recommendations Nevada has …

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Nevada Law Journal

This Article suggests that law students and lawyers can be introduced to, and even begin to master, some of the same transformational principles, skill sets, and behaviors that poured forth from FDR as a result of his intense physical and personal challenges. At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. Additionally, this Article argues that where people first learn a sense of self and others through both theoretical and practical knowledge and understanding of mindfulness …

Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman

Nevada Law Journal

This essay celebrates Leonard Riskin's call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. I discuss recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. The Article also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, the author examines what Riskin has, in an earlier work, described as the ethical hard case in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although …

The Third Wave's Break From Feminism, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a "third wave" of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident "second wave" of 1970's feminism. Goodbye frumpy sandals; hello sexy fishnets, according to third-wave feminism. Initially young women themselves (and now writers and scholars) embraced a pervasive wave metaphor to convey the belief that differences within feminism are generational. Youth crashes against (and ultimately overtakes) its elders. But rifts within feminism cannot be so neatly explained. The story is more …

From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon Stump

Law Faculty Articles and Essays

This Note focuses on legal education in the United States and West Virginia in particular. Discussions on race, racism, and American law should take place in every legal classroom where race is relevant to the subject being discussed as a way to bridge gaps between communities. This is especially true for the West Virginia University College of Law ("College of Law"), which sits in the third whitest state in the country. The College of Law is the only law school in the state, and a majority of students at the College of Law are white and West Virginian. Thus, at …

Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda

Seattle University Law Review

Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an independent chair or a …

Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson

Oklahoma Law Review

No abstract provided.

Decolonization, Development, And Denial, Natsu Taylor Saito

Faculty Publications By Year

No abstract provided.

"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen

Faculty Scholarship

References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.

But what does it really …

Legalism And Decisionism In Crisis, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

In the years since September 11, 2001, scholars have advocated two main positions on the role of law and the proper balance of powers among the branches of government in emergencies. This Article critiques these two approaches-which could be called Legalism and Decisionism-and offers a third way. Debates between Legalism and Decisionism turn on (1) whether emergencies can be governed by prescribed legal norms; and (2) what the balance of powers among the three branches of government should be in emergencies. Under the Legalist approach, legal norms can and should guide governmental response to emergencies, and the executive branch is …

The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda

Journal Articles

“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …

Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona

Articles

No abstract provided.

The Truth About Haiti, Irwin P. Stotzky

Articles

No abstract provided.

Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton

Articles

No abstract provided.

Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas

Articles

No abstract provided.

Imagination And Choice, Anne Dailey

Faculty Articles and Papers

Contemporary behavioral legal scholarship on individual decisionmaking draws primarily from cognitive psychology. This Article argues that the field of behavioral legal scholarship should be broadened to include modern psychoanalytic ideas about the processes of individual decisionmaking. As explained here, the basic perspective of psychoanalytic psychology is largely compatible with recent cognitive research on decisionmaking. However, a psychoanalytic perspective adds valuable nuance and complexity by exposing for scholarly examination certain essential attributes of individual decisionmaking that have so far been overlooked. As a first step in bringing modern psychoanalytic ideas to the attention of contemporary behavioral legal scholars, this Article examines …

Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch

Seattle University Law Review

The Modern Corporation & Private Property is a paradigm-shifting analysis of the modern corporation. The book is perhaps best known for the insights of Berle and Means about the separation of ownership from control and the consequences of that separation for the allocation of power within the corporation. The Berle and Means story focuses on the shareholder as the owner of the corporation. Berle and Means saw the mechanism of centralized management—in which the shareholder retains the economic interest but not the control rights associated with ownership—as threatening the conception of shareholder interests in terms of property rights. In particular, …

The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman

Seattle University Law Review

Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or …

Speech: Martin Luther King Breakfast., Rodney Lawrence Hurst Sr

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A speech commemorating Martin Luther King and the Civil Rights Movement in 2010

Program: "Stony The Road We Trod." A Look Back At Ax Handle Saturday.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A look back at Ax Handle Saturday. Ritz Theatre and Museum exhibit, 2010

Name Tags: Badges At Northeast Florida Book Festivals. 2008-2010.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

This file includes name tags from the Florida Historical Society Annual Meeting with Rodney Hurst, Stetson Kennedy Award winner 2009. The Much Ado About Books Festival. Featured speaker Rodney Hurst at the Amelia Island Book Festival, and the Florida Heritage Book Festival in St. Augustine, Florida. September 12-13, 2008. Folder 2.

Thank-You Card To Rodney Hurst From Florida Humanities Council Program Attendees.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

No abstract provided.

Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie

Articles

No abstract provided.

The Wisdom Of Crowds? Groupthink And Nonprofit Governance, Melanie B. Leslie

Articles

Scandals involving nonprofit boards and conflicts of interest continue to receive considerable public attention. Earlier this year, for example, musician Wyclef Jean's Yele Haiti charity became the target of intense criticism after the charity disclosed that it had regularly transacted business with Jean and entities controlled by Jean and other directors. Although scandals caused by self-dealing undermine public confidence in the charitable sector, they continue to erupt. Why do charitable boards sanction transactions with insiders?

This Article argues that much of the blame lies with the law itself. Because fiduciary duty law is currently structured as a set of fuzzy …

The Legal Ecology Of Resistance: The Role Of Antibiotic Resistance In Pharmaceutical Innovation, Kevin Outterson

Cardozo Law Review

Antibiotic effectiveness is a common pool resource that can be prematurely depleted through resistance. Some experts warn that we may face a global ecological collapse in antibiotic effectiveness.

Conventional wisdom argues for more intellectual property rights to speed the creation of new antibiotics. Recent theoretical literature suggests that conservation-based approaches may yield superior results. This Article describes a novel typology for organizing these emerging theories and provides an early empirical test of these models using proprietary data on the sales of vancomycin, an important hospital antibiotic for the last three decades.

The results challenge the assumptions in several models and …