SelectedWorks @ Chapman University Dale E. Fowler School of Law
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Can\u27t Live with \u27Em, Can\u27t Deport \u27Em: Why Immigration Reform Efforts Have Failed
No full textAbstract: The United States has a passionate love/hate relationship with undocumented immigrants. The refrain “We are a nation of immigrants” competes with the exhortation “We are being invaded.” Many Americans fault undocumented immigrants for breaking U.S. laws, not waiting their turn in line for lawful immigration and diluting already scarce public resources. Other Americans applaud the strong work ethic that many undocumented immigrants exhibit and the economic strength they bring to the country. In the post-September 11 years, the debate has reached a boiling point.
The conflicting emotions of the immigration debate aside, the United States’ need for immigration is indisputable. First, the U.S. workforce is aging and becoming increasingly skilled. Fewer native born Americans fill jobs in agriculture, manufacturing, service occupations (jobs such as healthcare support, food preparation and cleaning/maintenance), and construction. Experts predict that as the U.S. population continues to age and advance, more workers will be needed in service industries such as elder and child care. In addition to aging and becoming increasingly skilled the U.S. workforce is experiencing a growth slowdown
Book Review: Juris Types, Learning Law Through Self-Understanding
No full textThis article reviews the new book by Martha Peters and Don Peters, Juris Types: Learning Law Through Self-Understanding (2007). The book proposes that legal pedagogy and student learning strategies be guided in part by Carl Jung\u27s Psychological Type Theory and the Myers-Briggs Type Indicator ( MBTI ). The MBTI is one of the most widely used personality tests in the world today, although the test has never been accepted in the academic community. This paper reviews the history of the development of the MBTI, and the empirical research on its validity and reliability, to explain why the test and its associated theory has been discredited. Law schools (and other organizations) would be wise not to adopt Jungian theory or the MBTI - pseudoscientific variants of the newspaper horoscope - to improve teaching, learning, interpersonal communication skills, or self-understanding, but for reasons well understood by psychologists, their appeal is difficult to resist
Popular Self-Help Books for Anxiety, Depression, and Trauma: How Scientifically Grounded and Useful are They?
No full textSelf-help books for psychological disorders have become increasingly popular, yet there is surprisingly little research on their scientific status or overall utility. The authors identified 50 top-selling self-help books for anxiety, depressive, and trauma-related disorders. Using a scale derived from the literature on bibliotherapy, expert psychologists rated each book on overall usefulness, grounding in psychological science, the extent to which it offers reasonable expectations, the extent to which it offers specific guidance for implementing the self-help techniques and for monitoring treatment progress, and whether it offers potentially harmful advice. The results revealed strong intercorrelations among the scales, such that books scoring high along one dimension tended to score high along others. There was wide variability in the overall quality of the books, but several factors emerged as predictors of book quality. The most highly rated books tended to be those having a cognitive behavioral perspective, those written by mental health professionals, those written by authors holding a doctoral degree, and those focusing on specific problems. Implications of the findings, including specific recommendations for authors and consumers of self-help books, are discussed
The Soft Power and Persuasion of Translations in the War on Terror: Words and Wisdom in the Transformation of Legal Systems
No full textThe power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental soft power tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents that have spurred American progress economically and in governance can be a valuable tool for international peace and progress. For that effort, translations are key
Multiple Personalities Incorporated: Accepting the Multi-Dimensional Personhood of the Modern Corporation
No full textOne of the most intriguing debates in corporate law is over the personhood of corporations. For years, corporate theorists have tried to construct a complete and coherent theory of the corporate person. Some have argued that the corporation is merely a fictional, artificial person that exists only as a concession of state law. Others have asserted that the corporation is a real, independent person that has an ontological existence and identity of its own. The popular theoretical paradigm today is that the corporation is neither an artificial nor a real person; it is merely a nexus of contracts among the entity\u27s various individual participants. Proponents of this contractual model, which is rooted in neoclassical economic theory, believe they have won the competition for the single best definition of the corporate person. This article argues that the current preoccupation with the contractual elements of the corporation obscures the complex reality of the multiple personas and functions of the modern corporation.
In this article, Professor Ripken takes a unique inter-disciplinary approach to the conundrum of corporate personhood. Professor Ripken draws upon theories from several different schools of academic thought to shed light on the questions: what is the corporation, and how should it be regulated by the law? The article demonstrates that the corporation can be viewed independently through the lenses of philosophy, moral theory, political science, sociology, psychology, organizational theory, theology, and economics, all of which highlight separate but essential features of the corporate person.
Professor Ripken argues that the law should incorporate a multi-dimensional view of corporations, even if conflicting descriptions and norms may produce seemingly inconsistent legal rules. Consistency, clarity, and coherency in the law are overrated. Ambiguity is valuable when it more closely reflects reality and produces balanced legal results that mediate between legitimate alternatives. By demonstrating the many different ways the corporate person can be perceived, this article rejects the idea that there is a single best theory of the corporation and instead recommends the adoption of a multi-dimensional model of the corporate person
Global Migrations and Imagined Citizenship: Examples from Slavery, Chinese Exclusion, and When Questioning Birthright Citizenship
No full textThis essay provides a brief introduction into an analysis of citizenship and migration by using a transnational and cultural studies lens. It argues that migration is a global phenomena and responding to this domestic law must imagine the contours of citizenship. This is done in a historical context examining the abolition of the trans-Atlantic slave trade in 1807, Dred Scott in 1857 and Wong Kim Ark in 1898, respectively 200, 150 and 111 years ago. This analysis is also applied to current migration between the U.S. and Mexico, examining Mexico\u27s dual-nationality legal regime and public calls to revisit birthright citizenship in the U.S.
This essay makes two general arguments. First it argues that these examples of migration show how domestic law (re)determines citizenship standards after sustained exposure to the global movement of persons. It presents migration as a transnational and global process, versus something unilaterally felt or caused. Second, this essay contends that these legal determinations regarding citizenship reflect cultural processes of imagined communities, borrowing the concept from Benedict Anderson
