DOCSLIB.ORG

Advance Advance the Journal of ACS Issue Briefs

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Advance Advance the Journal of ACS Issue Briefs Advance Advance The Journal of ACS Issue Briefs Volume 12 The Journal of ACS Issue Briefs The Journal of TABLE OF CONTENTS | FALL 2018 Reforming ‘Regulatory Reform’: A Progressive Framework for Agency Rulemaking in the Public Interest Daniel A. Farber, Lisa Heinzerling, and Peter M. Shane Truth is Truth: U.S. Abortion Law in the Global Context Martha F. Davis and Risa E. Kaufman The Special Counsel, Morrison v. Olson, and the Dangerous Implications of the Unitary Executive Theory Victoria Nourse What Starts in Texas Doesn’t Always Stay in Texas: Why Texas’s Systematic Elimination of Grassroots Voter Registration Drives Could Spread Mimi Marziani and Robert Landicho Restoring Objectivity to the Constitutional Law of Incarceration Margo Schlanger Fall 2018 What the Military Law of Obedience Does (and Doesn’t) Do Christopher Fonzone Husted v. A. Philip Randolph Institute: What’s at Stake for Voters Allegra Chapman Federal Civil Rulemaking, Discovery Reform, and the Promise of Pilot Projects Volume 12 Brooke D. Coleman Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time Eve Brensike Primus 1899 L Street, NW, 2nd Floor Washington, D.C. 20036 The Detention and Forced Medical Treatment of Pregnant Women: A Human Rights Perspective www.ACSLaw.org Cynthia Soohoo and Risa E. Kaufman 202-393-6181 Preparing for the 2020 Census: Considerations for State Attorneys General John H. Thompson and Robert Yablon Advance The Journal of ACS Issue Briefs TABLE OF CONTENTS 1 Introduction 3 Reforming ‘Regulatory Reform’: A Progressive Framework for Agency Rulemaking in the Public Interest Daniel A. Farber, Lisa Heinzerling, and Peter M. Shane 29 Truth is Truth: U.S. Abortion Law in the Global Context Martha F. Davis and Risa E. Kaufman 43 The Special Counsel, Morrison v. Olson, and the Dangerous Implications of the Unitary Executive Theory Victoria Nourse 61 What Starts in Texas Doesn’t Always Stay in Texas: Why Texas’s Systematic Elimination of Grassroots Voter Registration Drives Could Spread Mimi Marziani and Robert Landicho 79 Restoring Objectivity to the Constitutional Law of Incarceration Margo Schlanger 99 What the Military Law of Obedience Does (and Doesn’t) Do Christopher Fonzone 117 Husted v. A. Philip Randolph Institute: What’s at Stake for Voters Allegra Chapman 127 Federal Civil Rulemaking, Discovery Reform, and the Promise of Pilot Projects Brooke D. Coleman 141 Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time Eve Brensike Primus 161 The Detention and Forced Medical Treatment of Pregnant Women: A Human Rights Perspective Cynthia Soohoo and Risa E. Kaufman 179 Preparing for the 2020 Census: Considerations for State Attorneys General John H. Thompson and Robert Yablon ACS BOARD OF DIRECTORS Christina Beeler, Student Caroline Fredrickson, Philippa Scarlett Board Member, University ACS President Ricki Seidman of Houston Law Center Ruben Garcia Marc Seltzer Nicole G. Berner Hon. Nancy Gertner (Ret.) Hon. Shira A. Sheindlin (Ret.) Elise Boddie Daniel S. Goldman Ganesh Sitaraman Timothy W. Burns Reuben A. Guttman Cliff Sloan Mark Califano Keith M. Harper Dawn L. Smalls Alejandra Castillo Christopher Kang Paul M. Smith Erwin Chemerinsky Peter Karanjia David A. Strauss Andrew DeVore Pamela S. Karlan, Chair Donald B. Verrilli, Jr. Michael J. Faris Brad S. Karp Adam Winkler Steve Fineman Hon. Tim Lewis (Ret.) Sahng-Ah Yoo, Student Board David C. Frederick William P. Marshall Member, New York Melissa Murray University Law School ACS BOARD OF ADVISORS Debo P. Adegbile Jay W. Eisenhofer James T. O’Hara Brooksley E. Born Faith E. Gay Spencer Overton David M. Brodsky Linda Greenhouse Robert Post Elizabeth J. Cabraser Dennis Herrera Judith Scott Myron M. Cherry Dawn Johnsen Ted Shaw Drew S. Days III Ronald Klain Reva Siegel Walter E. Dellinger III Geoffrey Klineberg Geoffrey Stone Karen Dunn Victor Kovner Stephen D. Susman Peter B. Edelman Judith Lichtman Daniel Tokaji Christopher Edley, Jr. Frank I. Michelman Christine A. Varney ACS BOARD OF ACADEMIC ADVISORS Kate Andrias Linda Greenhouse Neil S. Siegel Erwin Chemerinsky Dawn Johnsen Reva Siegel Justin Driver Pamela S. Karlan Ganesh Sitaraman Joseph R. Fishkin William P. Marshall David A. Strauss Ruben Garcia Allegra McLeod Mark Tushnet Hon. Nancy Gertner (Ret.) Melissa Murray Stephen I. Vladeck Jamal Greene Douglas NeJaime Adam Winkler The Journal of ACS Issue Briefs 1 Advance dvance, the Journal of the Issue Briefs of the American Constitution Society for Law and Policy (ACS), is published annually. Our mission is to promote the vitality of the U.S. Constitution and the fundamental Avalues it expresses: individual rights and liberties, genuine equality, access to justice, democracy and the rule of law. Each issue of Advance features a collection of articles that emanate from the work of ACS’s network of scholars, advocates and practitioners, and features a selection of Issue Briefs written for ACS in the preceding year on a variety of topics. ACS Issue Briefs—those included in Advance as well as others available at www.acslaw.org—are intended to offer substantive analysis of legal or policy issues in a form that is easily accessible to practitioners, policymakers and the general public. Some Issue Briefs tackle the high-profile issues of the day, while others take a longer view of the law, but all are intended to enliven and enrich debate in their respective areas. ACS encourages its members to make their voices heard, and we invite those interested in writing an Issue Brief to contact us. We hope you find this issue’s articles, which span a range of topics, engaging and edifying. The Journal of ACS Issue Briefs 3 Reforming ‘Regulatory Reform’: A Progressive Framework for Agency Rulemaking in the Public Interest* Daniel A. Farber, Lisa Heinzerling, and Peter M. Shane or over three decades, “regulatory reform” has been an aspiration chiefly for opponents of regulation. “Better regulation” is a goal nearly everyone would embrace. But changes in the federal administrative process since Fthe 1980s have frequently had the foreseeable, and often intended, effect of hinder- ing efforts to protect the environment, public health, civil rights, and other well- established public interest goals. The purpose of this Issue Brief is to envision what regulatory reform could look like from a different direction. Our specific focus is on administrative rulemaking, the primary target of contemporary law reform efforts. We ask, what if reformers started with full recognition of the value of administrative regulation in the public interest? Progressives have always argued for strengthening the law’s substantive requirements in advancing the public good, such as stronger rules against pollution or more robust protections for worker safety. But beyond any specific substantive agenda, it is worth asking whether there are potential changes in agency process and in the oversight of agencies that would improve the administrative state. Are there changes that could make regulation more evidence-based, more transparent, more inclusive, more accountable, and more efficient? If so, then progressives should take up the cause of regulatory reform as our own. Our immediate aim is not to propose a specific text for the ideal progressive regulatory reform platform, but rather to set out a framework and illustrative sug- gestions to demonstrate that such a platform is plausible and significant. In Part I, we discuss ways of improving notice-and-comment rulemaking. In Part II, we cover the role of the White House Office of Information and Regulatory Affairs (OIRA). We seek to improve OIRA’s processes and reset its mission to better align with con- gressional mandates. We then analyze, in Part III, the rules governing judicial review of agency actions, with the aim of clarifying the law and making judicial review more effective and efficient. Finally, in Part IV, we advocate the repeal of the Congressional Review Act, to eliminate this avenue for special interests to ambush important regulations in Congress. By focusing on rulemaking, we do not mean to slight the importance of other administrative activities such as issuing permits, distributing benefits, overseeing state regulatory programs, or enforcing legal requirements and issuing sanctions. But the biggest controversies over administrative law have involved rulemaking, which involves the most important and visible policy decisions. For that reason, we view this topic as the appropriate starting point for an agenda of progressive regulatory reform. * This Issue Brief was initially published in October 2018. 4 Advance I. IMPROVING NOTICE-AND-COMMENT RULEMAKING When Congress enacted the 1946 Administrative Procedure Act (APA), it gave far less attention to rulemaking than it did to the relatively detailed processes for formal on-the-record agency hearings. That is no doubt because—insofar as agencies used any kind of procedurally elaborate tools for statutory implementation—admin- istrative adjudication rather than rulemaking was the preferred process for policy elaboration. Lawyers and clients seeking to understand, for example, what the National Labor Relations Board considered an “unfair labor practice,” what the Federal Trade Commission considered an “unfair or deceptive trade practice,” or what the Federal Communications Commission considered broadcasting “in the public interest” had to synthesize those agencies’ views chiefly through analysis of their orders in individual proceedings. In the 1960s and 1970s, however, informal rulemaking
Load more

Recommended publications
  • Locating the Survivor in the Indian Criminal Justice System: Decoding the Law I
    Locating the Survivor in the Indian Criminal Justice System: Decoding the Law i Locating the Survivorin the Indian Criminal Justice System: Decoding the Law LAWYERS COLLECTIVE WOMEN’S RIGHTS INITIATIVE Contents Contents v Foreword ix Acknowledgments xi Abbreviations xiii Introduction I. Kinds of Offences and Cases 2 1. Bailable Offence 2 2. Non Bailable Offence 2 3. Cognisable Offences 2 4. Non Cognisable Offences 2 5. Cognisable Offences and Police Responsibility 3 6. Procedure for Trial of Cases 3 II. First Information Report 4 1. Process of Recording Complaint 4 2. Mandatory Reporting under Section 19 of the POCSO Act 4 3. Special Procedure for Children 5 4. Woman Officer to Record Information in Specified Offences 5 5. Special Process for Differently-abled Complainant 6 6. Non Registration of FIR 6 7. Registration of FIR and Territorial Jurisdiction 8 III. Magisterial Response 9 1. Remedy against Police Inaction 10 IV. Investigation 11 1. Steps in Investigation 12 2. Preliminary, Pre-FIR Inquiry by the Police 12 Locating the Survivor in the Indian Criminal Justice System: Decoding the Law v 3. Process of Investigation 13 4. Fair Police Investigation 14 5. Statement and Confessions 14 (i) Examination and statements of witnesses 14 (ii) Confessions to the magistrate 16 (iii) Recording the confession 16 (iv) Statements to the magistrate 16 (v) Statement of woman survivor 17 (vi) Statement of differently abled survivor 17 6. Medical Examination of the Survivor 17 (i) Examination only by consent 17 (ii) Medical examination of a child 17 (iii) Medical examination report 18 (iv) Medical treatment of a survivor 18 7.
    [Show full text]
  • CURRICULUM VITA Dr. Sonia Adriana Noyola, NBCT Northside High School 1101 Quitman Houston, Texas
    CURRICULUM VITA Dr. Sonia Adriana Noyola, NBCT Northside High School 1101 Quitman Houston, Texas EDUCATION Ph.D. Curriculum & Instruction, University of TX-Austin 2012 MA Political Science, Rice University 2003 MS Educational Technology, Texas A&M University-Corpus Christi 2000 MPA Public Administration, Texas A&M University-Corpus Christi 1999 BS Radio/TV/Film, University of Texas-Austin 1998 BA Government, University of Texas-Austin 1998 CERTIFICATIONS Technology Applications, EC-12 Business Education, 6-12 Speech, 8-12 Family & Consumer Sciences, 8-12 GT Supplemental, 8-12 Social Studies Composite, 8-12 National Board Secondary Principal Certification PROFESSIONAL WORK EXPERIENCE SUMMARY 2017-Present Northside High School, Career and Technology & Dual Credit Govt. Instructor ➢ Teach several sections of AV Media Production o Facilitate the use of Adobe Suite & Various Web Based Applications for Media & Graphic Design production o Co-authored department Perkins Grant & Campus Awarded $193,000+ for Studio and other CTE equipment expansions (2018-19) o Awarded $9,600 in scholarships to train 22 AV students & 2 AV instructors in Master Classes through World Fest Film Festival (both 17-18 & 18-19) ▪ Working with South Texas PBS, Del Mar College and CC Convention & Visitors Bureau on student led Selena documentary and symposium o Partnership built with Museum of Fine Arts Houston for feeder school magnet art displays o Sponsored a student group that was recognized with an Outstanding Passion for Change Award at the UT-Austin State Capitol
    [Show full text]
  • Executive Branch
    EXECUTIVE BRANCH THE PRESIDENT BARACK H. OBAMA, Senator from Illinois and 44th President of the United States; born in Honolulu, Hawaii, August 4, 1961; received a B.A. in 1983 from Columbia University, New York City; worked as a community organizer in Chicago, IL; studied law at Harvard University, where he became the first African American president of the Harvard Law Review, and received a J.D. in 1991; practiced law in Chicago, IL; lecturer on constitutional law, University of Chicago; member, Illinois State Senate, 1997–2004; elected as a Democrat to the U.S. Senate in 2004; and served from January 3, 2005, to November 16, 2008, when he resigned from office, having been elected President; family: married to Michelle; two children: Malia and Sasha; elected as President of the United States on November 4, 2008, and took the oath of office on January 20, 2009. EXECUTIVE OFFICE OF THE PRESIDENT 1600 Pennsylvania Avenue, NW., 20500 Eisenhower Executive Office Building (EEOB), 17th Street and Pennsylvania Avenue, NW., 20500, phone (202) 456–1414, http://www.whitehouse.gov The President of the United States.—Barack H. Obama. Special Assistant to the President and Personal Aide to the President.— Anita Decker Breckenridge. Director of Oval Office Operations.—Brian Mosteller. OFFICE OF THE VICE PRESIDENT phone (202) 456–1414 The Vice President.—Joseph R. Biden, Jr. Assistant to the President and Chief of Staff to the Vice President.—Bruce Reed, EEOB, room 276, 456–9000. Deputy Assistant to the President and Chief of Staff to Dr. Jill Biden.—Sheila Nix, EEOB, room 200, 456–7458.
    [Show full text]
  • Re-Mixing Old Character Tropes on Screen: Kerry Washington, Viola Davis, and the New Femininity by Melina Kristine Dabney A
    Re-mixing Old Character Tropes on Screen: Kerry Washington, Viola Davis, and the New Femininity By Melina Kristine Dabney A thesis submitted to the Graduate School of the University of Colorado in partial fulfillment of the requirement for the degree of Master of Arts Department of Film Studies 2017 This thesis entitled: Re-mixing Old Character Tropes on Screen: Kerry Washington, Viola Davis, and the new Femininity written by Melina Kristine Dabney has been approved for the Department of Film Studies ________________________________________________ (Melinda Barlow, Ph.D., Committee Chair) ________________________________________________ (Suranjan Ganguly, Ph.D., Committee Member) ________________________________________________ (Reiland Rabaka, Ph.D., Committee Member) Date: The final copy of this thesis has been examined by the signatories, and we Find that both the content and the form meet acceptable presentation standards Of scholarly work in the above mentioned discipline. Dabney, Melina Kristine (BA/MA Film Studies) Re-mixing Old Character Tropes on Screen: Kerry Washington, Viola Davis, and the New Femininity Thesis directed by Professor Melinda Barlow While there is a substantial amount of scholarship on the depiction of African American women in film and television, this thesis exposes the new formations of African American femininity on screen. African American women have consistently resisted, challenged, submitted to, and remixed racial myths and sexual stereotypes existing in American cinema and television programming. Mainstream film and television practices significantly contribute to the reinforcement of old stereotypes in contemporary black women characters. However, based on the efforts of African American producers like Shonda Rhimes, who has attempted to insert more realistic renderings of African American women in her recent television shows, black women’s representation is undergoing yet another shift in contemporary media.
    [Show full text]
  • Governance and the Media Irum Shehreen
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by BRAC University Institutional Repository CGS Working Paper CGS WP 3 Governance and the Media Irum Shehreen Ali Background Paper for The State of Governance in Bangladesh 2006 Produced in Collaboration with Research and Evaluation Division (RED) BRAC Centre for Governance Studies BRAC University Dhaka, Bangladesh www.cgs-bu.com The Centre for Governance Studies at BRAC University seeks to foster a new generation of researchers, public administrators and citizens with critical and analytical perspectives on governance. The Centre’s State of Governance research project is devoted to providing empirical evidence and conceptual clarity about governance in Bangladesh. It seeks to demystify a contentious topic to further constructive discussion and debate. Good governance is often viewed as a means of advancing the agendas of official and multilateral development institutions. The Centre believes, however, that there is a large domestic constituency for good governance; and that governance is properly deliberated between citizens and their state rather than by the state and external institutions. The Centre’s working papers are a means of stimulating domestic discourse on governance in Bangladesh. They bring to the public domain the insights and analyses of the new generation of researchers. The initial working papers were originally developed as contributions and background papers for The State of Governance in Bangladesh 2006, the Centre’s first annual report. David Skully, Editor, CGS Working Paper Series Visiting Professor CGS-BRAC University and Fulbright Scholar Center for Governance Studies Working Paper Series CGS WP 1 Ferdous Jahan: Public Administration in Bangladesh CGS WP 2 Nicola Banks: A Tale of Two Wards CGS WP 3 Irum Shehreen Ali: Governance and the Media Research and Evaluation Division (RED) of BRAC was set up in 1975 as an independent entity within the framework of BRAC.
    [Show full text]
  • Real Democracy in the Occupy Movement
    NO STABLE GROUND: REAL DEMOCRACY IN THE OCCUPY MOVEMENT ANNA SZOLUCHA PhD Thesis Department of Sociology, Maynooth University November 2014 Head of Department: Prof. Mary Corcoran Supervisor: Dr Laurence Cox Rodzicom To my Parents ii ACKNOWLEDGEMENTS This thesis is an outcome of many joyous and creative (sometimes also puzzling) encounters that I shared with the participants of Occupy in Ireland and the San Francisco Bay Area. I am truly indebted to you for your unending generosity, ingenuity and determination; for taking the risks (for many of us, yet again) and continuing to fight and create. It is your voices and experiences that are central to me in these pages and I hope that you will find here something that touches a part of you, not in a nostalgic way, but as an impulse to act. First and foremost, I would like to extend my heartfelt gratitude to my supervisor, Dr Laurence Cox, whose unfaltering encouragement, assistance, advice and expert knowledge were invaluable for the successful completion of this research. He was always an enormously responsive and generous mentor and his critique helped sharpen this thesis in many ways. Thank you for being supportive also in so many other areas and for ushering me in to the complex world of activist research. I am also grateful to Eddie Yuen who helped me find my way around Oakland and introduced me to many Occupy participants – your help was priceless and I really enjoyed meeting you. I wanted to thank Prof. Szymon Wróbel for debates about philosophy and conversations about life as well as for his continuing support.
    [Show full text]
  • The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation
    SMU Law Review Volume 51 Issue 1 Article 7 1998 The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation Jennifer L. Anton Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Jennifer L. Anton, Comment, The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation, 51 SMU L. REV. 161 (1998) https://scholar.smu.edu/smulr/vol51/iss1/7 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Comments THE AMBIGUOUS ROLE AND RESPONSIBILITIES OF A GUARDIAN AD LITEM IN TEXAS IN PERSONAL INJURY LITIGATION Jennifer L. Anton TABLE OF CONTENTS I. INTRODUCTION ....................................... 162 II. H ISTO RY ................................................ 162 III. WHAT IS A GUARDIAN AD LITEM? ................. 164 IV. WHY SHOULD A GUARDIAN AD LITEM BE APPOINTED IN A CIVIL MATTER? ................... 165 V. DISTINCTION BETWEEN A GUARDIAN AD LITEM AND AN ATTORNEY AD LITEM ...................... 167 VI. WHEN DURING THE LITIGATION PROCESS SHOULD THE COURT APPOINT A GUARDIAN AD L IT E M ? .................................................. 168 A. DEFENDANT'S PERSPECTIVE ........................... 169 B. PLAINTIFF'S PERSPECTIVE ............................. 169 VII. WHO MAY BE APPOINTED AS A GUARDIAN AD LITE M ? .................................................. 170 VIII. THE ROLE AND RESPONSIBILITIES OF A GUARDIAN AD LITEM ................................ 171 A. THE ROLE OF THE GUARDIAN AD LITEM REGARDING SETTLEMENT AGREEMENTS ............................ 172 1. Evaluating the Minor's Damages .................. 174 2. Evaluating the Adequacy of the Settlement A m ount ..........................................
    [Show full text]
  • Environmental Management of Threatening Government Public Policy Jess Mikeska University of Nebraska-Lincoln
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations, Theses, and Student Research from Business, College of the College of Business Summer 7-2014 Environmental Management of Threatening Government Public Policy Jess Mikeska University of Nebraska-Lincoln Follow this and additional works at: http://digitalcommons.unl.edu/businessdiss Mikeska, Jess, "Environmental Management of Threatening Government Public Policy" (2014). Dissertations, Theses, and Student Research from the College of Business. 48. http://digitalcommons.unl.edu/businessdiss/48 This Article is brought to you for free and open access by the Business, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations, Theses, and Student Research from the College of Business by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. ENVIRONMENTAL MANAGEMENT OF THREATENING GOVERNMENT PUBLIC POLICY by Jess Mikeska A DISSERTATION Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Doctor of Philosophy Major: Interdepartmental Area of Business (Marketing) Under the Supervision of Professor Leslie Carlson Lincoln, Nebraska July, 2014 ENVIRONMENTAL MANAGEMENT OF THREATENING GOVERNMENT PUBLIC POLICY Jess Mikeska, Ph.D. University of Nebraska, 2014 Adviser: Leslie Carlson This dissertation is the first to propose a test of environmental management theory through a reflective, managerial scale, and does so through a public policy lens. It matches 76 managerial respondents’ (17 firms) perceptions of environmental management with objective, secondary data ranging between 2002 and 2014 so as to reflect longitudinal changes in marketplace activities which influence end consumers (e.g., pricing, promotional activity).
    [Show full text]
  • INGO GILDENHARD Cicero, Philippic 2, 44–50, 78–92, 100–119 Latin Text, Study Aids with Vocabulary, and Commentary CICERO, PHILIPPIC 2, 44–50, 78–92, 100–119
    INGO GILDENHARD Cicero, Philippic 2, 44–50, 78–92, 100–119 Latin text, study aids with vocabulary, and commentary CICERO, PHILIPPIC 2, 44–50, 78–92, 100–119 Cicero, Philippic 2, 44–50, 78–92, 100–119 Latin text, study aids with vocabulary, and commentary Ingo Gildenhard https://www.openbookpublishers.com © 2018 Ingo Gildenhard The text of this work is licensed under a Creative Commons Attribution 4.0 International license (CC BY 4.0). This license allows you to share, copy, distribute and transmit the text; to adapt the text and to make commercial use of the text providing attribution is made to the author(s), but not in any way that suggests that they endorse you or your use of the work. Attribution should include the following information: Ingo Gildenhard, Cicero, Philippic 2, 44–50, 78–92, 100–119. Latin Text, Study Aids with Vocabulary, and Commentary. Cambridge, UK: Open Book Publishers, 2018. https://doi. org/10.11647/OBP.0156 Every effort has been made to identify and contact copyright holders and any omission or error will be corrected if notification is made to the publisher. In order to access detailed and updated information on the license, please visit https:// www.openbookpublishers.com/product/845#copyright Further details about CC BY licenses are available at http://creativecommons.org/licenses/ by/4.0/ All external links were active at the time of publication unless otherwise stated and have been archived via the Internet Archive Wayback Machine at https://archive.org/web Digital material and resources associated with this volume are available at https://www.
    [Show full text]
  • Revenge and Punishment: Legal Prototype and Fairy Tale Theme
    Circles: Buffalo Women's Journal of Law and Social Policy Volume 6 Article 4 1-1-1998 Revenge and Punishment: Legal Prototype and Fairy Tale Theme Kimberly J. Pierson Follow this and additional works at: https://digitalcommons.law.buffalo.edu/circles Part of the Law Commons, and the Legal Studies Commons Recommended Citation Pierson, Kimberly J. (1998) "Revenge and Punishment: Legal Prototype and Fairy Tale Theme," Circles: Buffalo Women's Journal of Law and Social Policy: Vol. 6 , Article 4. Available at: https://digitalcommons.law.buffalo.edu/circles/vol6/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Circles: Buffalo Women's Journal of Law and Social Policy by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. CIRCLES 1998 Vol. VI REVENGE AND PUNISHMENT: LEGAL PROTOTYPE AND FAIRY TALE THEME By Kimberly J. Pierson' The study of the interrelationship between law and literature is currently very much in vogue, yet many aspects of it are still relatively unexamined. While a few select works are discussed time and time again, general children's literature, a formative part of a child's emerging notion of justice, has been only rarely considered, and the traditional fairy tale2 sadly ignored. This lack of attention to the first examples of literature to which most people are exposed has had a limiting effect on the development of a cohesive study of law and literature, for, as Ian Ward states: It is its inter-disciplinary nature which makes children's literature a particularly appropriate subject for law and literature study, and it is the affective importance of children's literature which surely elevates the subject fiom the desirable to the necessary.
    [Show full text]
  • Jenifer Sarver Principal, Sarver Strategies
    SARVER STRATEGIES Jenifer Sarver Principal, Sarver Strategies Jenifer has nearly two decades of experience in media relations, crisis communications, speechwriting, coalition building, and media and presentation skills training. Her career has spanned the corporate, nonprofit and political worlds, helping clients develop messages that will resonate with their core audiences and create strategies for effectively delivering those messages through the appropriate communications channels. In launching Sarver Strategies, Jenifer focused her skills on training and storytelling, helping clients develop a narrative that effectively conveys their core values, and then preparing them to effectively deliver that message. Jenifer has extensive experience in media and presentation skills training, having conducted workshop and one-on-one trainings for a wide range of public figures including CEOs, foreign leaders, local and state political candidates and office holders, and nonprofit leaders. Jenifer teaches courses on public speaking, advocacy communications, speechwriting, storytelling and confidence in communication, among other topics. She has been a guest lecturer at UT Austin, Concordia University, American University and UT Dallas, among other institutions. She has taught at the Yale Women’s Campaign School. She regularly presents at conferences and delivers keynotes remarks. She has conducted international trainings in Kenya, Tunisia, Kazakhstan and Australia. Jenifer spent nearly six years as Chief of Staff to Ambassador Karen Hughes, the Worldwide Vice Chair of Burson-Marsteller. In addition to supporting Ambassador Hughes, leading the Austin office and helping drive new business development, Jenifer managed a wide variety of accounts, from corporate communications to developing internal employee communications campaigns to overseeing all aspects of grassroots and media relations for a coalition.
    [Show full text]
  • Copyright by Judith A. Thomas 2012
    Copyright by Judith A. Thomas 2012 The Thesis Committee for Judith A. Thomas Certifies that this is the approved version of the following thesis: Live Stream Micro-Media Activism in the Occupy Movement Mediatized Co-presence, Autonomy, and the Ambivalent Face APPROVED BY SUPERVISING COMMITTEE: Supervisor: Karin Gwinn Wilkins Joseph D. Straubhaar Live Stream Micro-Media Activism in the Occupy Movement Mediatized Co-presence, Autonomy, and the Ambivalent Face by Judith A. Thomas, BFA Thesis Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Master of Arts The University of Texas at Austin May 2012 Dedication For my husband, inspiration and co-conspirator, Rob Donald. (Photo: The First Adbusters’ Poster for Occupy Wall Street, September 2011. Acknowledgements The work of Manuel Castells on autonomous networks and communication power has had a profound impact on this scholarship. The breadth of his vision and theoretical analysis is inspiring and insightful. I hope this work contributes to the continuing critical cultural discussion of the potential of citizen micro-media in all contexts but especially the international uprisings of 2010-2012. Most especially, my sincere thanks to the following University of Texas at Austin professors whose knowledge and curiosity inspired me most: Joe Straubhaar, Paul Resta, Shanti Kumar, Sandy Stone, and especially my generous, gifted and patient supervisor, Karin Gwinn Wilkins. I will miss the depth and breadth of debate we shared, and I look forward to following your challenging work in the future. v Abstract Live Stream Micro-Media Activism in the Occupy Movement Mediatized Co-presence, Autonomy, and the Ambivalent Face Judith A.
    [Show full text]