Social and Behavioral Sciences Commons^™

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

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This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Certain Effects Of Random Taxes, James R. Hines Jr., Michael J. Keen

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This paper explores the implications of tax rate randomness, identifying circumstances in which revenue-neutral rate variability increases profitability, economic activity, and the efficiency of resource allocation. Furthermore, with heterogeneous taxpayers, tax rate variability is shown to perform an efficiency-enhancing screening function, imposing heavier expected tax burdens on less responsive taxpayers. And while efficient tax randomness enables governments to reduce average costs of taxation, it necessarily increases the marginal cost of taxation over some ranges of expected revenue, so may reduce efficient levels of government spending.

French Military Masculinities And The Birth Of Cinéma Colonial: Triangulating Queer Desire In Jacques Feyder’S L’Atlantide (1921), Barry Nevin

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Jacques Feyder’s L’Atlantide (1921) is widely considered not only cinéma colonial’s first major representative example but also one of the genre’s most emblematic narratives. However, ambiguities in the film’s portrayal of the mission civilisatrice have received comparatively little analysis. This article aims to expand on our understanding of L’Atlantide and the mirror it held up to interwar France in three main stages. First, it situates the film’s discourses of gender and colonialism within present post-colonial scholarship. Second, it analyses the aesthetic and political contexts of L’Atlantide, paying particular attention to how the film offered a remedy to France’s ailing postwar …

Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley

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The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.

Black and disabled people are disproportionately represented in …

Pandemic Surveillance Discrimination, Christian Sundquist

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The COVID-19 pandemic has laid bare the abiding tension between surveillance and privacy. Public health epidemiology has long utilized a variety of surveillance methods—such as contact tracing, quarantines, and mandatory reporting laws—to control the spread of disease during past epidemics and pandemics. Officials have typically justified the resulting intrusions on privacy as necessary for the greater public good by helping to stave off larger health crisis. The nature and scope of public health surveillance in the battle against COVID-19, however, has significantly changed with the advent of new technologies. Digital surveillance tools, often embedded in wearable technology, have greatly increased …

The Second Founding And The First Amendment, William M. Carter Jr.

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Constitutional doctrine generally proceeds from the premise that the original intent and public understanding of pre-Civil War constitutional provisions carries forward unchanged from the colonial Founding era. This premise is flawed because it ignores the Nation’s Second Founding: i.e., the constitutional moment culminating in the Thirteenth, Fourteenth, and Fifteenth Amendments and the civil rights statutes enacted pursuant thereto. The Second Founding, in addition to providing specific new individual rights and federal powers, also represented a fundamental shift in our constitutional order. The Second Founding’s constitutional regime provided that the underlying systemic rules and norms of the First Founding’s Constitution …

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

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LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

Temporality In A Time Of Tam, Or Towards A Racial Chronopolitics Of Intellectual Property Law, Anjali Vats

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This Article examines the intersections of race, intellectual property, and temporality from the vantage point of Critical Race Intellectual Property ("CRTIP"). More specifically, it offers one example of how trademark law operates to normalize white supremacy by and through judicial frameworks that default to Euro-American understandings of time. I advance its central argument-that achieving racial justice in the context of intellectual property law requires decolonizing Euro-American conceptions of time by considering how the equitable defense of laches and the judicial power to raise issues sua sponte operate in trademark law. I make this argument through a close reading of the …

Lawyers For White People?, Jessie Allen

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This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

The Vulnerable Sovereign, Ronald A. Brand

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The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …

Race, Dignity, And Commerce, Lu-In Wang

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This Essay was written at the invitation of the Journal of Law and Commerce to contribute a piece on racism and commerce—an invitation that was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society.

The connections between racism and commerce are potentially numerous, but the relationship between discriminatory policing and commerce might not be apparent. This Essay links them through the concept of dignity. Legal scholar John Felipe Acevedo has …

Hiding Sexual Harassment: Myths And Realities, Pat K. Chew

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Hiding Sexual Harassment: Myths and Realities

Nevada Law Journal, Vol. 21, p. 1223, 2021

Sexual harassment and gender disparities in the workplace continue, but we are not paying enough attention. The heralded me-too movement and the publicized downfalls of Harvey Weinstein, Bill Cosby, and other former luminaries might give the impression that the lid is blown off the indignities of harassment in the workplace and that American society’s collective disdain and abhorrence of harassment has quickly put an end to these incivilities. But these headline cases are just the tip of the sexual harassment iceberg; they may even give us …

Domestic Courts And The Generation Of Norms In International Law, Charles T. Kotoby Jr.

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International law in the form of treaty and custom is primarily shaped by national executives and legislatures. To be sure, “judicial decisions” are deemed a “subsidiary means for the determination of [international] law,” but that still does not give domestic courts an everyday role in the generation of universal norms and international law. This article proposes a more dynamic reality which elevates the importance of municipal courts in the generation and creation of international law. The truth is that domestic courts interact regularly to announce and create important universal norms—by, for instance, adjudicating expropriation claims, passing on the recognition and …

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

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The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.

A Tactical Periodisation Model For Gaelic Football, Shane Mangan, Kieran Collins, Con Burns, Cian O Neill Phd

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Tactical Periodisation is a training methodology, originally developed for soccer, that focuses primarily on the systems of play that a team intends to use in competition. It has been popularised by successful European coaches and subsequently has been proposed as a model to follow for other sports such as rugby union and tennis in more recent times. Gaelic football is an amateur sport that has similarities to soccer and rugby union. To date no training periodisation model has been proposed for Gaelic football. The aim of this article was to present a Tactical Periodisation model for Gaelic football, taking the …

Mapping The Light Fantastic At Newgrange, Frank Prendergast, Clare Tuffy, John Lalor, Claire Breen, Sinéad Gargan

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THE WORLD HERITAGE PROPERTY of Brú na Bóinne attracts thousands of visitors from Ireland and around the globe, many drawn by the remarkable winter solstice phenomenon, when the rising sun’s rays illuminate the burial chamber. During 2020 it became clear that public health measures to combat the global pandemic were going to preclude visitor access to the chamber of the Great Mound of Newgrange, including during the annual winter solstice celebrations. When the government agencies OPW and NMS discussed how to manage Newgrange and the solstice during the restrictions, Clare Tuffy, Manager of Visitor Services at Brú na Bóinne, suggested …

Relationship Between Participation And Social Inclusion, Louis Nwachi

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Studies show that within most countries, there are generally many different socio-cultural, ethnic and religious groups and this diversity inevitably creates a level of inter-group tension, with income disparities, cultural differences, and intergroup segregation leading in turn to social exclusion. This paper sets out to develop a conceptual framework to examine the relationship between that participation and the social inclusion outcomes in the plan-making process. It addresses how social inclusion can relate to the plan-making process culturally, politically and institutionally, economically and socially with high level participation. In doing this, it adopts a case study approach using the Metropolitan Area …

Respecting Autonomy And Enabling Diversity: The Effect Of Eligibility And Enrollment On Research Data Demographics, Kayte Spector-Bagdady, Shengpu Tang, Sarah Jabbour, Nicholson Price, Ana Bracic, Melissa S. Creary, Sachin Kheterpal, Chad M. Brummett, Jenna Wiens

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Many promising advances in precision health and other Big Data research rely on large data sets to analyze correlations among genetic variants, behavior, environment, and outcomes to improve population health. But these data sets are generally populated with demographically homogeneous cohorts. We conducted a retrospective cohort study of patients at a major academic medical center during 2012–19 to explore how recruitment and enrollment approaches affected the demographic diversity of participants in its research biospecimen and data bank. We found that compared with the overall clinical population, patients who consented to enroll in the research data bank were significantly less diverse …

Exploring Evidence Of Lost And Forgotten Irish Food Traditions In Irish Cookbooks 1980-2015, Diarmaid Murphy

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A study by the Irish Food Board, Bord Bia, in 2008 outlined some lost and forgotten food traditions in Ireland based on the evidence from a pre-selected expert group. This paper explores the inclusion of traditional Irish foods within seventy-nine Irish cookbooks, published between 1980 to 2015. Extant academic and grey literature on food traditions and cookbooks, together with the content of the cookbooks, identified a gradual decline in the presence of certain traditional Irish foods, to the point where they could be deemed lost or forgotten. The study, however, also finds a re-emergence in the most recent period. A …

Reimagining Irish Food Ways For The Twenty-First Century, Mairtin Mac Con Iomaire, Lillis Laoire

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Food and drink are fundamental to life, and apart from costume, they are among the most noticeable markers of cultural otherness within intercultural encounters.1 There is a current global interest in foods that are artisanal, local, traditional, seasonal and sustainable, and that tell a cultural story, as witnessed by the popularity of the Nordic Food Movement, or the 2021 Netflix series High on the Hog: How African American Cuisine Transformed America.2 In 2019, the Royal Irish Academy published A History of Ireland in 100 Words, which had a special chapter on ‘Food and Feasting’ highlighting the importance of bread, milk, …

Perspectives On Cyber Security For Offshore Oil And Gas Assets, Iosif Progoulakis, Nikitas Nikitakos, Paul Rohmeyer, Barry Bunin, Dimitrios Dalaklis, Stavros Karamperidis

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In an ever-evolving technological industry, the oil and gas sector is already moving forward through the adaptation of Industry 4.0 and the adaptation of advanced cyber technologies through Oil and Gas 4.0. As IT/OT (information technology/operational technology) systems are evolving technologically, so are the cyber security threats faced by the offshore oil and gas assets. This paper aims to raise the awareness of cyber security threats and the organizational and technical measures that need to be adopted by the oil and gas industry for remote and complex assets in the upstream sector. A comprehensive literature review covering the areas of …

Maritime Robotics And Autonomous Systems Operations: Exploring Pathways For Overcoming International Techno-Regulatory Data Barriers, Tafsir Martin Johansson, Dimitrios Dalaklis, Aspasia Pastra

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The current regulatory landscape that applies to maritime service robotics, aptly termed as robotics and autonomous systems (RAS), is quite complex. When it comes to patents, there are multifarious considerations in relation to vessel survey, inspection, and maintenance processes under national and international law. Adherence is challenging, given that the traditional delivery methods are viewed as unsafe, strenuous, and laborious. Service robotics, namely micro aerial vehicles (MAVs) or drones, magnetic-wheeled crawlers (crawlers), and remotely operated vehicles (ROVs), function by relying on the architecture of the Internet of Robotic Things. The aforementioned are being introduced as time-saving apparatuses, accompanied by the …