3246 research outputs found
Sort by
Normative Words and the Fundamental Limits of Rape Law Reform
No full textMost rapists will not be held accountable. For every 100 forcible rapes, less than six offenders will be convicted. Since the 1970s, legislatures have been reforming sexual assault laws to hold more offenders accountable, but as I show with a comprehensive review of the research, the reforms do not appear to have worked. I then bring together social science, law, and practice to argue that this is because normative words in the law allow rape myths to enter the legal system. These words existed in the pre-reform laws and still exist in the post-reform law. They remain within the consent element (which is governed by the Confrontation Clause) and the mistake of fact defense (which is governed by the Due Process Clause). Both the Confrontation Clause and the Due Process Clause are fundamentally normative and fundamentally fixed, so normative words will always be in rape law and will always serve as a potential entry point for bias. Faced with these fundamental limits on rape law reform, I provide recommendations for reforms that may help keep some bias from entering the legal system and conclude that the way to improve case processing is to ensure that law enforcement and prosecutors operate free of inaccurate generalizations about rape
Everything I Know About Teaching Was Reinforced by Auditing Remote Kindergarten
Get PDFAs a tenure-track faculty member, I am always focused on the trifecta of tenure—scholarship, service, and teaching. The pressure to publish and present is constant and unending. Service requires countless hours in committee meetings and doing the work of faculty governance. Being a faculty member focused on academic and bar support requires spending a significant amount of time meeting one-on-one with students and providing written feedback. Due to the COVID-19 pandemic, several new stressors were also added to this already-overwhelming workload –a constantly changing and elongated bar prep period, the need to create new asynchronous class components and assessments for a fully remote academic year, and helping colleagues figure out the technology necessary for remote teaching and learning
First Amendment Law: Freedom of Expression and Freedom of Religion
No full textThis is a casebook for First Amendment courses in law schools in the United States. It covers all the major topics under the First Amendment, including freedom of speech, freedom of association, freedom of the press, and the Religion Clauses. Our casebook is designed to be approachable to a wide range of instructors and students. It emphasizes the actual language of important Supreme Court decisions in this area and presents opinions with relatively light editing. The book also avoids long, discursive note materials that, in the authors\u27 view, tend to distract or overwhelm most students. Finally, this casebook relies heavily on problems as a tool that instructors can employ to advance and confirm students\u27 understanding of the covered topics.https://ecollections.law.fiu.edu/faculty_books/1310/thumbnail.jp
Comentario al Artículo 7 de la Ley de Arbitraje Comercial Venezolana
No full textEl tribunal arbitral está facultado para decidir acerca de su propia competencia, incluso sobre las excepciones relativas a la existencia o a la validez del acuerdo de arbitraje. A ese efecto el acuerdo de arbitraje que forme parte de un contrato se considerará como un acuerdo independiente de las demás estipulaciones del mismo. La decisión del tribunal arbitral de que el contrato es nulo no conlleva la nulidad del acuerdo de arbitraje
The Center Cannot Hold: Zoom as a Potemkin Village
Get PDFThe time has come to click the “join” button once more. It is the end of the semester, and our colleague Abe, chair of our ad-hoc task force for online teaching, has convened an online teaching excellence panel. The purveyors of said excellence are four faculty members whose evaluations showed that they were, as his email said, “online teaching rockstars.” Unfathomably, I am one of the four, and the last scheduled to present. One by one, little rectangles pop against the black backdrop of the screen, like the bubbles my three-year-old son and I blow in the backyard out of a viscous mix of dishwashing liquid, water, and glycerin. Our academic dean summarizes the aggregate outcomes of teaching evaluations: the students like it when we plan small group discussions, but not too much; when we bring lightheartedness into the classroom, but discourage misuse of the chat function; when we express empathy and are human, but display mastery of the technology; when we are reasonable and flexible, but have flawless Internet connectivity. I take copious notes. My three online teaching rockstar colleagues speak of their use of breakout rooms, applying insights from online learning studies. They talk about camera policies, chat rooms, polls. It’s my turn, and I’ve asked Abe to make me a host, which in times of health and sanity used to mean preparing tasty morsels and warm beverages on an attractive tray and saying, “come on in!” but in these times of plague merely means that I can subject others to the dubious esthetics of my screen. Which I proceed to do, because it enables me to show my electronic casebook and its exciting multimedia features and boast the quality of its interface with my classroom management software. I talk about flipped classroom models and prerecorded lectures. I flip to PowerPoint to show my revamped set of slides and how I’ve designed them to grab attention and illustrate complex concepts, like the car and container warrantless search doctrine. I flip back to the website to show the discussion forums. I talk fast, animatedly, my face popping on and off the screen to fascinate and enlighten, illustrating my recently acquired Zoom wizardry
The Evolution of Latin American Lawyers over Three Decades: 1990-2020
No full texthttps://ecollections.law.fiu.edu/faculty_books/1297/thumbnail.jp