Legal Theory Commons^™

Copyrightx: Harvard University Law School, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.

"Safer" Harbor: The Impact Of Different Models Of Safe Harbor Laws On The Criminalization Of Commercially Sexually Exploited Children In The United States, Priscila Borges Marques Dos Santos

Theses, Dissertations and Capstones

Commercially sexually exploited children (CSEC) are commonly treated as criminals and punished for offenses committed as a result of being trafficked. Recent state-level legislative efforts have sought to prevent minors from being held criminally liable for being commercially sexually exploited. This study offers an analysis of the effects of such laws on the criminalization of CSEC through the use of ordinary least squares (OLS) regression. Data on the number of child arrests for prostitution (1995-2014) and safe harbor laws were collected from the FBI Uniform Crime Reports, the Polaris Project website, and the 2015 ECPAT report. The findings of the …

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Textiles: Popular Culture And The Law, Laura F. Edwards

Buffalo Law Review

No abstract provided.

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

Adam Calverly, Cultures Of Desistance: Rehabilitation, Reintegration, And Ethnic Minorities, Whitney Threadcraft-Walker

Qualitative Criminology (QC)

"Third in an international series investigating desistance and rehabilitation, Adam Calverly’s Cultures of Desistance builds on the extant desistance literature through a comparative analysis of the impact of micro-, meso-, and macro- level factors on the processes associated with criminal disengagement on Indian, Bangladeshi and Black/Dual Heritage offenders in the Brixton neighborhood of London. The author has previously established expertise in the area of ethnicity and desistance through such as Understanding Desistance from Crime: Emerging Theoretical Directions in Resettlement and Rehabilitation (2005) co-authored with Steve Farrell and Black and Asian Offenders on Probationers (2004). Much of the data presented in …