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Table Of Contents, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Scrapbook: Jacksonville Sit-Ins, Freedom Riders, Ax Handle Saturday And Naacp Youth Council Meetings.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

This compilation by Hurst includes articles related to sit-ins, Ax Handle Saturday, desegregating hiring policies, freedom riders and other events related to civil rights in Jacksonville, Florida. Circa 1957-1965

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land & Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …

Privacy And The Right To One’S Image: A Cultural And Legal History, Samantha Barbas

Contributions to Books

Published as Chapter 9 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Chairs, Stairs, And Automobiles: The Cultural Construction Of Injuries And The Failed Promise Of Law, David M. Engel

Contributions to Books

Published as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard

University of Miami Law Review

At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of …

Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson

University of Miami Law Review

This Article explores the uneasy interaction between climate change and democracy, particularly liberal democracy. Its central claim is that climate change and other problems of the Anthropocene—this new epoch into which no earthly entity, process, or system escapes the reach and influence of human activity—expose and exacerbate existing vulnerabilities in democratic theory and practice, particularly in their currently dominant liberal form; and that both democracies’ failures and their most promising attempts at managing these problems expose democracies to significant legitimacy challenges.

The Climate For Human Rights, Rebecca M. Bratspies

University of Miami Law Review

Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ºC. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change

Limiting The National Right To Exclude, Katrina M. Wyman

University of Miami Law Review

This essay argues that the robust right to exclude that nation states currently enjoy will be harder to justify in an era of climate change. Similar to landowners, nation states have virtual monopolies over portions of the earth. However, the right of landowners to control who enters their land is considerably more constrained than the right of nation states to control who enters their territory. Climate change will alter the areas of the earth suitable for human habitation and the broad right of nation states to exclude will be more difficult to justify in this new environment.

Energy, Governance, And Market Mechanisms, Alice Kaswan

University of Miami Law Review

As climate modelers’ projections materialize through intense storms, catastrophic flooding, unprecedented heat waves, and more, the need for substantial decarbonization within the next few decades has become increasingly clear. Transitioning to clean energy will bring benefits and drawbacks and will create winners and losers. Who will decide how we transition? Our choice of policy tools will have significant implications for who controls the transition and how it unfolds.

Many economists promote the role of market-based mechanisms like carbon taxes or cap-and-trade, mechanisms that rely largely on private actors to make crucial decisions. Under this view, government measures would fill in …

Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia

Maine Law Review

Kathleen Nuccio alleged that she was sexually abused by her father when she was three years old. He continued to sexually abuse her for ten long years. He threatened her life when he held a chisel to her throat and vowed to kill her if she ever told anyone of the abuse. Luke Nuccio not only sexually defiled his daughter but also verbally abused her and physically beat her until she was seventeen years old. One such beating caused damage so severe to Kathleen's ear that she was forced to have surgery. Kathleen never spoke of the abuse during the …

Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts

Maine Law Review

The Commission on Gender, Justice, and the Courts was established by the Maine Supreme Judicial Court in January 1993, pursuant to a resolution adopted by the Conference of Chief Justices in 1988 urging the creation of task forces to study gender bias and minority concerns within court systems. In recent years, forty-one states, the District of Columbia, and two federal circuits have established task forces on gender bias in the courts as part of a continuing effort to achieve equality for women and men in American society. These jurisdictions recognized that access to a neutral and unbiased court is essential …

Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein

Maine Law Review

The Fifth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 8, 1996. This year’s lecturer, Alvin J. Bronstein, the founding Executive Director of the National Prison Project of the American Civil Liberties Union, presented “Representing the Powerless: Lawyers Can Make a Difference.”

Spring Break In Puerto Rico: Helping Hurricane Victims 3-7-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese

Maine Law Review

The law is the cornerstone of our society, one of the pillars of civilization, the very “witness … of our moral life.” In the words of former Chief Justice Earl Warren, “[t]he greatest issue before the world today is law.” He continued: “But throughout history, and never more than in our own day, the great question has been whether that law was to be compatible with the basic instinct of all human beings for freedom, for opportunity, for dignity and for peace.” At a time when the challenge to realize this essential congruity has never been more pronounced, the soul …

What Happened To The American Social Compact?, Robert B. Reich

Maine Law Review

The Sixth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 6, 1997. Robert B. Reich, formerly the Secretary of Labor under the Clinton Administration, and currently a University Professor and the Maurice B. Hexter Professor of Social and Economic Policy at Brandeis University and its Heller Graduate School, presented “The American Social Compact: What It Was and Where It Went.”

Paying Attention To The Little Man Behind The Curtain: Destroying The Myth Of The Liberal's Dilemma, Deborah M. Boulette Taylor

Maine Law Review

Generally, feminists and other liberals, and in particular multi-culturalists, share the common goal of seeking to make American law reflective of a greater variety of voices and experiences beyond those of the dominant, white-male culture. There currently exists an issue, however, about which feminists find it necessary to depart from this goal: whether to permit a criminal defendant to introduce exculpatory cultural evidence. Much of the feminist literature on the use of the “cultural defense” argues that introduction of such evidence serves only to deny immigrant women and children the same protections afforded others in our criminal justice system because …

Commerce Clause Challenges Spawned By United States V. Lopez Are Doing Violence To The Violence Against Women Act (Vawa): A Survey Of Cases And The Ongoing Debate Over How The Vawa Will Fare In The Wake Of Lopez, Lisanne Newell Leasure

Maine Law Review

On September 14, 1994, in response to and in recognition of the epidemic of violence against women in the United States, Congress enacted the Violence Against Women Act (VAWA). The VAWA is a comprehensive statute designed to provide women greater protection from and recourse against violence and to impose accountability on abusers and those who commit crimes of violence based on gender animus. The VAWA, which contains seven parts, creates new federal crimes, strengthens penalties for existing federal sex crimes, and provides $1.6 billion over six years for education, research, treatment of domestic and sex crime victims, and the improvement …

Then And Now: A Perspective, Caroline D. Glassman

Maine Law Review

I am very pleased to have been asked to speak to you tonight for it gives me, in the first instance, an opportunity to compare the status of women in the law when I entered law school with that in more current times. I do this without fear of contradiction for I can safely vouch for the fact that there is no other person present here tonight who was a woman law student 50 or so years ago.

Maine's "Act To Protect Traditional Marriage And Prohibit Same-Sex Marriages": Questions Of Constitutionality Under State And Federal Law, Jennifer B. Wriggins

Maine Law Review

In 1997, Maine's Legislature passed “An Act to Protect Traditional Marriage and Prohibit Same-Sex Marriages” (Act). The summary attached to the bill states that the bill “prohibits persons of the same sex from contracting marriage.” The bill was the verbatim text of an initiative petition. Civil marriage in Maine and other states is regulated by state statute, and marriage regulation is generally considered to be within the state's police power. However, the state's power to regulate marriage is subject to constitutional limitations. I maintain that “heightened scrutiny” should be applied to the Act because the Act creates a gender-based classification, …

Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow

Maine Law Review

I am not exactly sure why, but when I turned to think about legal education for today's conference, Mary Shelley's Frankenstein came to mind. It was not because of my own nightmares that my chosen profession as law professor involves turning ordinary people into monsters, although that's a thought we can explore perhaps over drinks. It was because of this comment Shelley makes in the book: “If the study to which you apply yourself has a tendency to weaken your affections, and to destroy your taste for those simple pleasures in which no alloy can possibly mix, then that study …

Feminist Microenterprise: Vindicating The Rights Of Women In The New Global Order?, Lucie E. White

Maine Law Review

The subject of this symposium is “Law, Feminism & the 21st Century.” What are the greatest challenges for feminism in the coming century and how can the law help to meet them? I want to begin this essay by asking that question from two radically different vantage points. The first is very far removed from the usual starting point for feminist analysis, which is the “lived” experience of women's lives. Let us move far away from a place from which we can feel the lines on women's faces, and move to a place from which we can see only numbers, …

Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Maine Law Review

In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for a …

Intimate Partner Violence Strategies: Models For Community Participation, Jenny Rivera

Maine Law Review

Over the last several years, states have passed legislation to address intimate partner violence, more commonly known as “domestic violence,” or violence and abuse between current and former spouses, or persons in similar intimate relationships. Much of this legislation is composed of civil and criminal provisions, including criminal sanctions for intimate partner violence. The constitutionality, practical impact, and present and potential benefits of these statutes are the topic of political debates, scholarly diatribes, and litigation. The passage and implementation of federal legislation specifically designed to address violence between present and former spouses and intimate partners reflects a sea change in …

Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn

Maine Law Review

Predicting the ways in which feminisms might develop in the next century is unfortunately well beyond my own capabilities. In the next decade or two, however, one thing I believe we might want to think about are the relationships between feminisms and global free market capitalisms. The question I am asking, simply stated, is the extent to which economic development (free-market global capitalism) advances, is neutral toward, or harms women. One traditional American way of viewing the global free market is to tout economic development as a panacea for the problems facing the world's poorest and most violated group, women. …

The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg

Maine Law Review

The Pregnancy Discrimination Act (PDA) has been effective in making the most egregious and obvious forms of pregnancy discrimination illegal. Unfortunately, the PDA has also acted as a shield behind which employers can hide as they discriminate against their pregnant employees. The result is that the PDA permits discrimination based on the very sort of stereotyping that it was expected to eradicate. There are two dominant stereotypes of pregnant women. Both are inconsistent with the image of a good worker. One stereotype connects pregnant women with the home. In one form or another it says, “Pregnant women are/should be preoccupied …

What If The Butchers In The Slaughter House Cases Had Won?: An Exercise In "Counterfactual" Doctrine, Jane L. Scarborough

Maine Law Review

In a recent Harvard Law Review commentary, two well-known constitutional scholars called into question not only what Supreme Court cases are “canonized” in casebooks, but whether the “Court-centeredness” of our scholarship and teaching about constitutional law has led to an impoverishment of the discourse on justice. The authors document how “[c]ases become important to teach and remember because they serve as the icons (and demons) of an invented constitutional tradition” --a tradition that “comes into being at a particular point in history, and then regards itself as always having been there.” There is no better example of such an icon …

Grounded Applications: Feminism And The Law At The Millennium, Katharine Silbaugh

Maine Law Review

The conference topic is feminism in the twenty-first century, a dialogue between academics and practicing attorneys. The first order of business will be to resist the millennium invitation to come up with evermore novel, overarching formulations of the mission and means of feminism. At the end of the twentieth century we know quite a bit about the problems presented by feminists and the problems within feminism. We have had a long history of insightful intellectual discourse on questions of equality and on the meaning of gender. We also know that it takes time to absorb and apply broad insights in …

A Drone By Any Other Name: Purposes, End-User Trustworthiness, And Framing, But Not Terminology, Affect Public Support For Drones, Lisa M. Pytlikzillig, Brittany Duncan, Sebastian Elbaum, Carrick Detweiler

Lisa PytlikZillig Publications

Projections indicate that, as an industry, unmanned aerial vehicles (UAVs, commonly known as drones) could bring more than 100 000 jobs and $80 billion in economic growth to the U.S. by 2025 [1]. However, these promising projections do not account for how various publics may perceive such technologies. Understanding public perceptions is important because the attitudes of different groups can have large effects on the trajectory of a technology, strongly facilitating or hindering technology acceptance and uptake [2].

To advance understanding of U.S. public perceptions of UAV technologies, we conducted a nationwide survey of a convenience sample of 877 Americans …

Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier

Scholarly Publications

Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the …