Faculty Book Chapters

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Constitutional Law: Cases and Materials Custom Edition

Christian L. Gonzalez-Rivera

Book: Constitutional Law: Cases and Materials, Custom Edition
To Procreate or Not to Procreate

Lauren Gilbert

Book: Human Flourishing: The End of Law

Chapter Description:

Real stories of pregnant women, past and present, shed light on how our laws have evolved to ensure greater recognition of a woman’s fundamental right to reproductive and family autonomy. Today, these rights are in jeopardy. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Center overturning the abortion right frames the issue in terms of the states’ interest in protecting human life; yet the implications for women’s health and human dignity are ignored. I look at several case studies implicating reproductive rights from 1924 to now. I then address Dobbs, concluding that the decision, by focusing on 1868 when women were excluded from the political process, disregards developments in women’s rights in the 20th century, defines fundamental rights too narrowly and ignores evidence of animus towards women seeking to control their reproductive destinies.
Neither "Genteel Hoax" Nor "Slot Machine:" Constitutional Interpretation in Policy-Oriented Perspective

Christian L. Gonzalez-Rivera

Book: Human Flourishing: The End of Law

Chapter Description:

In the United States, most scholarship on constitutional interpretation battles under the clashing banners of Originalism and Living Constitutionalism. The former has ostensibly won the battle, though not yet the war, over interpretation. How either theory impacts human flourishing or other values served by law is often lost in the crossfire. This essay explores the relationship between Originalism and Policy-Oriented Jurisprudence, a human flourishing-centered school of legal thought founded by Myres McDougal and Harold Lasswell. It concludes that they are meaningfully compatible. The article surveys Originalism’s development, highlighting its recent distinction between interpretation and construction, which has undone some historical differences with competing theories. It also surveys Policy-Oriented Jurisprudence’s theory of constitutional interpretation. Acknowledging critical similarities between it and Originalism, the article suggests that the latter could benefit from the former by integrating constitutional construction with some principled, empirical enforcement of the textually embedded concepts of human flourishing and dignity. It also suggests that Originalism pay more attention to legal hermeneutics in international law. A result that could bear the name of “Originalism with a Human Face.”
Children's Picture Books and the Rule of Law: The Jurisprudence of "The Poky Little Puppy"

Lenora P. Ledwon

Book: Human Flourishing: The End of Law

Chapter Description:

In exploring the jurisprudence of the Poky Little Puppy, this article will first provide some brief background on children's picture books and the publication history of The Poky Little Puppy (including its long-running best-seller status, its place within the Little Golden Books publishing imprint, and a summary of the plot and illustrations). Second, this article will interrogate the jurisprudence of the text, including analysis of the text's construction of responsible citizens and its sometimes puzzling message about the nature of rights and duties under the rule of law. Finally, we will conclude by exploring the relationship between law and love in the text. The dialogic possibilities inherent in the way in which picture books are consumed (typically, an adult reads the picture book to a young child, in an act of loving engagement) means that stories about rules have potential to be part of an ongoing conversation about law and justice between adult and child.
Fraternity in the Law as a Means of Human Flourishing

John Makdisi

Book: Human Flourishing: The End of Law

Chapter Description:

May this essay on fraternity honor my very good friend and colleague, Siegfried Wiessner. He has devoted his life to the encouragement of fraternity through-
out the world. His steadfast devotion to this noble goal, coupled with his compassion, integrity, powerful intellect, and strong work ethic, has inspired me
and so many others on our own moral and intellectual journeys. Contrary to most Festschrifts which are offered upon retirement or death, this one is
offered as a milestone along the way of a brilliant career. May God bless your continuing good work, Siegfried, in the many years ahead.
Regulatory Structure and the Revolving Door Phenomenon in South Korea

Youkyung Huh

Book: The Cambridge Handbook of Twin Peaks Financial Regulation

First proposed in 1994, the Twin Peaks model of financial system regulation employs two specialist peak regulators: one charged with the maintenance of financial system stability, and the other with market conduct and consumer protection. This volume, with contributions from over thirty scholars and senior regulators, provides an in-depth analysis of the similarities and differences in the Twin Peaks regimes that have been adopted around the world. Chapters examine the strengths and weaknesses of the model, provide lessons from Australia (the first to adopt the model), and offer a comparative look at the potential suitability of the model in leading non-Twin Peaks jurisdictions. A key resource for central bankers, public policy analysts, lawyers, economists, politicians, academics and students, this work provides readers with a comprehensive understanding of the Twin Peaks model, and a roadmap for countries considering its adoption.
Eradicating Human Trafficking: Culture, Law and Policy - Foreword

Roza Pati

Book: Eradicating Human Trafficking: Culture, Law and Policy

With over 40 million people still enslaved around the world, this book takes a closer look at the role of culture in society and how certain practices, beliefs or behaviors may be fueling human trafficking beyond what the law can curtail. The study reveals cultural elements that conflict with existing anti-human trafficking laws across three case studies (United States, India and Costa Rica). There is no simple answer or a single solution to stop or significantly reduce the crime, but a pragmatic, multi-disciplinary, and human rights approach to the problem may bring to light that, efforts to curtail human trafficking will be in vain if we rely on law alone. A fundamental shift in culture is imperative.
Motions, Affidavits, Declarations, Stipulations and Orders

M. Veronica Saladino

Book: Nevada Civil Practice Manual

Nevada civil practitioners can rely on the unmatched scope of coverage packed within the 40 chapters of the Nevada Civil Practice Manual in this completely updated Sixth Edition. Obtain the most updated case and statute information, practice tips from experts in Nevada civil law practice and many new or revised forms.

From researching Nevada law and filing and litigating a civil action, to trials and enforcement of judgments, Nevada Civil Practice Manual guides you through virtually every civil procedure and practice with expert analysis and in-depth discussion, including lien law, probate and extraordinary writs. Locate comprehensive discussion of the Nevada Rules of Civil Procedure as well as many statutory provisions relating to civil cases. Citations include Nevada cases construing the rules to illustrate practical application of various rules and including motion practice.
Indigenous Peoples and Cultural Heritage

Siegfried Wiessner

Book: The Oxford Handbook of International Cultural Heritage Law

This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional, and bilateral initiatives, including legal measures. Accordingly, the Handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The Handbook concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs.
Gender Violence, State Action, and Power and Control in the Northern Triangle

Lauren Gilbert

Book: From Extraction to Emancipation: Development Reimagined

With a distinguished and diverse group of contributors, this edited volume uses Guatemala as a case study to examine broad global themes arising from development practices in emerging economies. It offers important lessons to investors and policy makers on strategies to improve distributional justice and respect for the rule of law, including human rights and environmental norms. The book examines global themes such as climate change, extractive industries, labor regimes, and forced migration, all of which have transborder implications and across-border commonalities. Moving beyond identifying problems, the contributors focus on creative solutions to help developing nations and corporations engage in more sustainable business practices.
Financial Consumer Protection in Korea

Youkyung Huh

Book: An International Comparison of Financial Consumer Protection

Chapter Description:

Although not in adopted in any law in Korea yet, the term ‘financial consumer’, has been widely and increasingly used by the government, policy circles and the financial industry in Korea since 2010, when the Korean Academy of Financial Consumers (hereinafter “KAFC”) was set up probably for the first time in its kind in the world.
Trafficking in Human Beings: The Convergence of Criminal Law and Human Rights Law

Roza Pati

Book: The SAGE Handbook of Human Trafficking and Modern Day Slavery

Millions of people around the world are forced to work without pay and under threat of violence. These individuals can be found working in brothels, factories, mines, farm fields, restaurants, construction sites and private homes: many have been tricked by human traffickers and lured by false promises of good jobs or education, some are forced to work at gunpoint, while others are trapped by phony debts from unscrupulous moneylenders.

The SAGE Handbook of Human Trafficking and Modern-Day Slavery provides a comprehensive, interdisciplinary and global look at the diverse issues surrounding human trafficking and slavery in the post-1945 environment. Covering everything from history, literature and politics to economics, international law and geography, this Handbook is essential reading for academics and researchers, as well as for policy-makers and non-governmental organisations
Deportation Cases and Legislation

Lauren Gilbert

Book: The Oxford Encyclopedia of Latinos & Latinas in Contemporary Politics, Law and Social Movements

The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements (OEPoL) provides a comprehensive source of information on the diverse historical and contemporary experiences of Latinos and Latinas in the United States. Incorporating key material from the acclaimed four-volume Oxford Encyclopedia of Latinos and Latinas in the United States (OUP, 2005), this ground-breaking publication addresses the significant ways in which the Latino and Latina populations have shaped the political, legal, and social institutions of the United States, with new and updated scholarship on political movements and organizations, important legal cases, minority-rights laws, and immigration legislation.

The two-volume OEPoL contains over 450 topical entries written by key academics, intellectuals, and scholars. The articles range from expansive survey essays, to biographies that document the lives of important individuals in Latino and Latina history, to interdisciplinary entries focused on essential themes and issues. Supplemented by over 50 images and a bibliography of suggested readings for each entry, OEPoL ensures that this timely, increasingly prominent subject receives the reference coverage it deserves.
McKinney v. Saviego

Lauren Gilbert

Book: The Oxford Encyclopedia of Latinos & Latinas in Contemporary Politics, Law and Social Movements

The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements (OEPoL) provides a comprehensive source of information on the diverse historical and contemporary experiences of Latinos and Latinas in the United States. Incorporating key material from the acclaimed four-volume Oxford Encyclopedia of Latinos and Latinas in the United States (OUP, 2005), this ground-breaking publication addresses the significant ways in which the Latino and Latina populations have shaped the political, legal, and social institutions of the United States, with new and updated scholarship on political movements and organizations, important legal cases, minority-rights laws, and immigration legislation. The two-volume OEPoL contains over 450 topical entries written by key academics, intellectuals, and scholars. The articles range from expansive survey essays, to biographies that document the lives of important individuals in Latino and Latina history, to interdisciplinary entries focused on essential themes and issues. Supplemented by over 50 images and a bibliography of suggested readings for each entry, OEPoL ensures that this timely, increasingly prominent subject receives the reference coverage it deserves.
Politics of SB 1070

Lauren Gilbert

Book: The Oxford Encyclopedia of Latinos & Latinas in Contemporary Politics, Law and Social Movements

The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements (OEPoL) provides a comprehensive source of information on the diverse historical and contemporary experiences of Latinos and Latinas in the United States. Incorporating key material from the acclaimed four-volume Oxford Encyclopedia of Latinos and Latinas in the United States (OUP, 2005), this ground-breaking publication addresses the significant ways in which the Latino and Latina populations have shaped the political, legal, and social institutions of the United States, with new and updated scholarship on political movements and organizations, important legal cases, minority-rights laws, and immigration legislation. The two-volume OEPoL contains over 450 topical entries written by key academics, intellectuals, and scholars. The articles range from expansive survey essays, to biographies that document the lives of important individuals in Latino and Latina history, to interdisciplinary entries focused on essential themes and issues. Supplemented by over 50 images and a bibliography of suggested readings for each entry, OEPoL ensures that this timely, increasingly prominent subject receives the reference coverage it deserves.
Trafficking in Persons and Transnational Organized Crime: A Policy-Oriented Perspective

Roza Pati

Book: Handbook on Human Trafficking, Public Health and the Law

This booklet is the result of the Spring School on Public Health, Human Trafficking and the Law funded by the German Academic Exchange Service (DAAD) as an ERASMUS INTENSIVE PROGRAMME, held in March, 2013 in Siena, Italy. The aim of the intensive program was to present and analyze the problem of human trafficking in line with the perspective of the New Haven School in order to recommend concrete solutions. For this purpose, the trafficking of humans has been explored in relation to public health and the European law, in close cooperation with participating students and experts in medicine, social sciences, and law.

An award-winning international medical and scientific publisher, Thieme has demonstrated its commitment to the highest standard of quality in the state-of-the-art content and presentation of all of its products. Thieme's trademark blue and silver covers have become synonymous with excellence in publishing.
Culture and the Rights of Indigenous Peoples

Siegfried Wiessner

Book: The Cultural Dimension of Human Rights

The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law. This book analyses a range of responses by international law, and particularly human rights law, to some of the thorniest, perennial, and sometimes violent confrontations fuelled by culture in relations between individuals, groups and the state in international society. Across the different issues tackled, the chapters are tied by one unifying thread — that culture is understood, protected and promoted not only for its physical manifestations. Rather, it is the relationship of culture to people, individually or in groups, and the diversity of these relationships which is being protected and promoted; hence, the fundamental overlap between culture and human rights.
Doctors of the Social Order: Introduction to the New Haven Methodology

Siegfried Wiessner

Book: Handbook on Human Trafficking, Public Health and the Law

This booklet is the result of the Spring School on Public Health, Human Trafficking and the Law funded by the German Academic Exchange Service (DAAD) as an ERASMUS INTENSIVE PROGRAMME, held in March, 2013 in Siena, Italy. The aim of the intensive program was to present and analyze the problem of human trafficking in line with the perspective of the New Haven School in order to recommend concrete solutions. For this purpose, the trafficking of humans has been explored in relation to public health and the European law, in close cooperation with participating students and experts in medicine, social sciences, and law.

An award-winning international medical and scientific publisher, Thieme has demonstrated its commitment to the highest standard of quality in the state-of-the-art content and presentation of all of its products. Thieme's trademark blue and silver covers have become synonymous with excellence in publishing.
The Cultural Dimension of the Rights of Indigenous Peoples

Siegfried Wiessner

Book: International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Studies in International Law)

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors.

This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law.

This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
The Categorical Imperative to End Modern-Day Slavery: Subsidiarity, Privatization, and the State’s Duty to Protect

Roza Pati

Book: Der Staat im Recht.: Festschrift für Eckart Klein zum 70. Geburtstag.

The state in law – supported by and bound by the law, oriented towards the common good and individual rights in equal measure – is the object and goal of Eckart Klein's scientific work. Eckart Klein, whose 70th birthday is the occasion for this commemorative publication, has devoted himself as a legal scholar to public law in its entire range, whereby his work at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and his time as a research assistant at the Federal Constitutional Court have had a lasting impact on his interests and focused. Accordingly, important topics of his publication activity throughout his academic career are constitutional procedural law, general international law, the law of international organizations and the international protection of human rights. After a stint at the Johannes Gutenberg University in Mainz, he moved to the University of Potsdam. Here he also founded the Human Rights Center of the University of Potsdam, of which he was director. The lawyer supplemented his work as a university lecturer by holding judicial offices at the Higher Administrative Courts in Koblenz and Frankfurt (Oder) as well as at the State Court in Bremen. He was also a member of the United Nations Human Rights Committee and participated several times as a German ad hoc judge in proceedings before the European Court of Human Rights. The fact that academic teaching was not neglected in all of this was Eckart Klein's top priority. In this commemorative publication, students and companions have brought together contributions from the fields of international law, European law and national law in order to explore the position of the state in law from different perspectives, to mark the limits of state action and to ask for standards for sovereign decisions.
The State and Indigenous Peoples: The Historic Significance of ILA Resolution No. 5/2012

Siegfried Wiessner

Book: Der Staat im Recht.: Festschrift für Eckart Klein zum 70. Geburtstag.

The state in law – supported by and bound by the law, oriented towards the common good and individual rights in equal measure – is the object and goal of Eckart Klein's scientific work. Eckart Klein, whose 70th birthday is the occasion for this commemorative publication, has devoted himself as a legal scholar to public law in its entire range, whereby his work at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and his time as a research assistant at the Federal Constitutional Court have had a lasting impact on his interests and focused. Accordingly, important topics of his publication activity throughout his academic career are constitutional procedural law, general international law, the law of international organizations and the international protection of human rights. After a stint at the Johannes Gutenberg University in Mainz, he moved to the University of Potsdam. Here he also founded the Human Rights Center of the University of Potsdam, of which he was director. The lawyer supplemented his work as a university lecturer by holding judicial offices at the Higher Administrative Courts in Koblenz and Frankfurt (Oder) as well as at the State Court in Bremen. He was also a member of the United Nations Human Rights Committee and participated several times as a German ad hoc judge in proceedings before the European Court of Human Rights. The fact that academic teaching was not neglected in all of this was Eckart Klein's top priority. In this commemorative publication, students and companions have brought together contributions from the fields of international law, European law and national law in order to explore the position of the state in law from different perspectives, to mark the limits of state action and to ask for standards for sovereign decisions.
Combating Human Trafficking Through Transnational Law Enforcement Cooperation: The Case of South Eastern Europe

Roza Pati

Book: Policing Across Borders

This study aims at analyzing one of the most challenging elements of the international community’s efforts to combat the grave societal problem of human trafficking. It examines the problem through the lenses of the New Haven School of Jurisprudence. Thematically, this study focuses on substantive and procedural issues of international cooperation in criminal matters, concentrating on the transnational organized crime of trafficking in human beings. Geographically, the study investigates the prospects for such cooperation through showcasing some countries in the region of South Eastern Europe. The methodology employed helps to delimit the problem of transnational crime, cooperation in criminal matters, or lack thereof; it identifies the conflicting claims and lays out past trends in decision, actual agreements, and instances of cooperation, to be followed by the projection of future trends. The study concludes with an appraisal of past practices and recommends better approaches to the problem, in order to enhance the prospects for a world public order of human dignity in this field.
Indigenous Self-Determination, Culture and Land: A Reassessment in Light of the 2007 UN Declaration on the Rights of Indigenous Peoples

Siegfried Wiessner

Book: Indigenous Rights in the Age of the UN Declaration

This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimize indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their ongoing struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanizing' and less subject to State priorities.
The Top Ten Law & Literature Texts You Haven’t Read

Lenora P. Ledwon

Book: Teaching Law and Literature

This volume provides a resource for teachers interested in learning about the field of law and literature and shows how to bring its insights to bear in their classrooms, both in the liberal arts and in law schools. Essays in the first section, "Theory and History of the Movement," provide a retrospective of the field and look forward to new developments. The second section, "Model Courses," offers readers an array of possibilities for structuring courses that integrate legal issues with the study of literature, from The Canterbury Tales to current prison literature. In "Texts," the third section, guidance is provided for teaching not only written documents (novels, plays, trial reports) but also cultural objects: digital media, Native American ceremonies, documentary theater, hip-hop. The volume's forty-one contributors investigate what constitutes law and literature and how each informs the other.
Harry Potter Goes to Law School

Lenora P. Ledwon

Book: The Law and Harry Potter

This volume considers the depiction of law and legal institutions in J.K. Rowling’s Harry Potter novels. It contains more than twenty chapters by legal academics from the U.S. and abroad. The chapters are organized in five sections: Legal Traditions and Institutions, Crimes and Punishments, Harry Potter and Identity, the Wizard Economy, and Harry Potter as an Archetype. Some chapters analyze the way law and legal institutions are portrayed, and what these portrayals teach us about concepts such as morality, justice, and difference. Other chapters use examples from the narratives to illustrate or analyze legal issues, such as human rights, actual innocence, and legal pedagogy. The volume is suitable for undergraduate or law school courses, and will be of interest to those Harry Potter fans who also have an interest in law and the legal profession.