SelectedWorks @ Chapman University Dale E. Fowler School of Law
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The Media\u27s Ancien Regime
No full textColumbia School of Journalism is undertaking a major change via the introduction of a second graduate degree program. Dean Nicholas Leman believes that decline in credibility of major media can be arrested via the teaching to journalists of power skills, e.g. regression analysis, that equip them to provide readers/listeners with more than an account of competing narratives. The attempt is doomed, according to Hewitt, not because of journalists\u27 inability to learn new skills, but because of a uniformity of ideological beliefs that inevitably distort stories and thus diminish credibility in a way that cannot be hidden from a networked world. Hugh Hewitt is Professor of Law at Chapman University Law School and the Executive Editor of Townhall.com
The Politically Correct University
No full textThis book explores and offers remedies to the culture of political correctness in American higher education. We focus on the problem of liberal political orthodoxy in teaching and scholarship and seek to understand how diversity – of race, ethnicity, gender, and sexual orientation, but not of ideas -- has become the dominant ideology in higher education. The dearth of conservative, libertarian, and neoliberal thinkers limits the type of questions asked and the phenomena studied; hinders credibility and dialogue between academic experts and large swaths of voters and policymakers; and, by limiting students’ exposure to different ideas, inhibits the ability of the university to produce thoughtful citizens. The book provides the most current and comprehensive statistical analysis of the relative rarity of conservative and libertarian professors, and takes an in-depth look at the effects of political correctness on specific academic disciplines, including political science, history, English, anthropology, and linguistics. It also explores the psychological and sociological mechanisms by which such imbalance comes about, and considers how and why academia stresses demographic diversity while largely eschewing political diversity. The book’s contributors contend that a combination of faculty composition, self-selection by conservatives, discrimination against conservatives in faculty hiring, and the tendency of political correctness to favor liberal views has produced a situation where conservative perspectives are often underrepresented in higher education. The contributors to this volume offer a range of solutions: programs or centers within universities, which operate outside official departments and allow conservative faculty to freely explore particular topics with sympathetic students; a larger role for alumni and trustees in overseeing their institutions; and a change in how liberal arts scholars understand themselves—not as provocative debunkers of accepted ideas, but as discoverers of truth
An Experimental Analysis of the Effects of Automated Mitigation Procedures on Investment and Prices in Wholesale Electricity Markets
No full textIn this paper we report the findings of an experiment that examines the effects of automated mitigation procedures (AMP) on capacity investment prices of suppliers in a wholesale electricity market. Specifically, in a 2 x 2 design we examine the effects of strong and weak market power incentives on markets with and without the AMP. We find that a type of soft relative offer cap does not affect overall investment in capacity. The AMP also does not reduce long-run wholesale electricity prices relative to markets in which no mitigation mechanism is in operation. The factor with the most significant effect on long-run prices is investment in new capacity
Judicial Review of Unenumerated Rights: Does Marbury\u27s Holding Apply in a Post-Warren Court World?
No full textPrepared to commemmorate the bicentennial of the Supreme Court\u27s landmark decision in Marbury v. Madison, this article explores the limits of the original holding, its expansive interpretation in the 20th Century to claims of judicial supremacy, even exclusiveness, in constitutional interpretation, and the various theories that would support such claims. The article explores in some detail the particularly troubling claim of judicial power to create new, unenumerated rights when the Court itself has rejected the foundational, natural rights principles that would lend legitimacy to the enterprise
Adjudicatory and Dispositional Decision Making in Juvenile Justice
No full textJuvenile court judges and others working in the juvenile justice system have a wide variety of dispositional and sentencing options available for the juvenile offenders under their jurisdiction. For serious, violent or chronic offenders, these options increasingly involve transferring juveniles from juvenile court for trial and sentencing in the criminal court as well as blended juvenile and adult sentences. This chapter provides an overview of the adjudicatory and dispositional options available for handling juvenile offenders in the juvenile and criminal justice systems. The research on adjudicatory and dispositional decision making is reviewed, and directions for future law and policy development are proposed
The W Visa: A legislative Proposal for Female and Child Refugees Trapped in a Post - 9/11 World
No full textThis article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of security threat, however, they continue to languish in extremely dangerous refugee camps. This article proposes a solution that would allow such women and children to avoid the resettlement delays and enter the United States through an expedited visa system. The expedited visa system would reduce the refugee backlog and do so in a way that ensures that the most vulnerable refugees receive protection at the earliest possible opportunity
Treason, Technology, and Freedom of Expression
No full textThe power to punish treason against the U.S. conflicts with the First Amendment freedoms of speech and of the press. Far from a question of mere theory, that conflict threatens to chill public dissent to the War on Terrorism. The government has already demonstrated its willingness to punish treasonous expression. After World War II, the United States won several prosecutions against citizens who had engaged in propaganda on behalf of the Axis powers. Today, critics of the War on Terrorism likewise face accusations of treason. Under the law of treasonous expression developed following World War II, those accusations could credibly support prosecutions. Any such prosecutions could win convictions, moreover, unless courts narrow the law of treasonous expression to satisfy the First Amendment. That potential clash between the power to punish treason and our freedoms of expression has, thanks to advances in communications technologies, become a matter of everyday concern.
In terms of abstract doctrine, the law of treason condemns anyone who owes allegiance to the U.S., who adheres to U.S. enemies, and who gives them aid and comfort by an overt act to which two witnesses testify. As courts have applied that doctrine, however, it threatens any citizen or resident of the U.S. who publicly expresses disloyal sentiments. The Internet has made it cheap, easy, and dangerous to publish such sentiments. It hosts many an expression that an eager prosecutor could cite both as proof of adherence to U.S. enemies - a subjective state of mind - and as proof of an overt act giving them aid and comfort - an objective fact to which any two of the expression\u27s readers could testify. Even if no prosecutions for treason arise, the alarmingly broad yet ill-defined reach of the law of treason threatens to unconstitutionally chill innocent dissent. This paper details the scope of the law of treasonous expression, explains why technology threatens to bring that law into conflict with the First Amendment, and suggests a way to safely separate the power to punish treason from our freedoms of expression