Feingold and Carter on What Social Science Can Tell Us About the Supreme Court’s Use of Social Science @drevvycarter

Jonathan P. Feingold, UCLA, and Evelyn Carter, UCLA, have published Eyes Wide Open: What Social Science Can Tell Us About the Supreme Court’s Use of Social Science at 112 Nw. U. L. Rev. Online 236 (2018). The Northwestern University Law Review’s 2017 Symposium asked whether McCleskey v. Kemp closed the door on social science’s ability to meaningfully contribute to equal protection deliberations. This inquiry is understandable; McCleskey is widely understood to have rendered statistical racial disparities doctrinally irrelevant in the equal protection context. We suggest, however, that this account overstates…

Blackstone and His Critics, Edited by Anthony Page and Wilfred Prest @hartpublishing

Law & Humanities Blog: New From Hart Publishing: Blackstone and His Critics, Edited by Anthony Page and Wilfred Prest @hartpublishing skip to main | skip to sidebar New From Hart Publishing: Blackstone and His Critics, Edited by Anthony Page and Wilfred Prest @hartpublishing Newly published: Blackstone and His Critics (Anthony Page and Wilfred Prest, eds., 2018). William Blackstone’s Commentaries on the Laws of England (1765-69) is perhaps the most elegant and influential legal text in the history of the common law. By one estimate, Blackstone has been cited well over…

Mulligan on Diverse Originalism @MulliganEsq ‏

Christina Mulligan, Brooklyn Law School, is publishing Diverse Originalism in the University of Pennsylvania Journal of Constitutional Law. Here is the abstract. Originalism has a difficult relationship with race and gender. People of color and white women were largely absent from the process of drafting and ratifying the Constitution. Today, self-described originalists are overwhelmingly white men. In light of these realities, can originalism solve its “race and gender” problems while continuing to be originalist? This Article argues that originalists can take several actions today to address originalism’s race and gender…

Moustaira on Who Needs Comparative Law @emoustai

Elina Moustaira, National and Kapodistrian University of Athens, School of Law, is publishing Who Needs Comparative Law?! What a Question! in Comparazione e Diritto Civile (2017). Here is the abstract. It is argued that in a world of steadily increasing contacts and mutual influences, we need to understand the other people, the other laws. It does not suffice to cite descriptions of law’s function or of various states’ attitudes towards the law. Thus, the comparative perspective is used in order to approach and comprehend a legal culture. Download the article…

Zeno-Zencovich on Data Visualization and Legal Epistemology

Vincenzo Zeno-Zencovich, University of Rome III-Department of Law, has published Through a Lawyer’s Eyes: Data Visualization and Legal Epistemology 459 in Law, Norms, and Freedoms in Cyberspace/Droit, Normes, et Libertes dans le Cybermonde: Liber Amicorum Yves Poulet (Elise Degrave, Cecile de Terwangne, Severine Dusolier, et Robert Querck, eds., Larcier, 2018). The article aims at investigating the relationship between the law and its visual depiction, in the light of the growing use of vast amounts of data to represent social phenomena. Visual analytics and infographics are part of contemporary forms of…

Munshi on Race, Citizenship, and the Visual Archive @GeorgetownLaw

Sherally Munshi, Georgetown University Law Center, is publishing ‘You Will See My Family Became so American’: Race, Citizenship, and the Visual Archive in Law and the Visual: Representation, Technologies, and Critique (Desmond Manderson, ed., 2018). Here is the abstract. In 1932, the United States government sought to cancel the citizenship of Dinshah Ghadiali, an immigrant from India, alleging that Ghadiali “by reason of his not being a free white person or a person of African nativity or descent is, and was, ineligible racially for naturalization.” Ghadiali was one of dozens…

Law & Humanities Blog: Green on Legal Monism: An American History @WMLawSchool

Michael S. Green, William & Mary Law School, has published Legal Monism: An American History in Vienna Legal Philosophy 23-48 (Christoph Bezemek, Michael Potacs, and Alexander Somek, eds., Hart Publishing, 2018) (Vienna Lectures on Legal Philosophy). Legal monism is the view that necessarily one, and only one, legal system exists. The legal norms of all past, present, and possible communities exist only within in an overarching legal system, which does not itself depend upon any community for its existence. Current legal philosophers — including those who might be described as…

Examples Of Spyware And What They Are

Spyware is a general term used to describe software that performs certain behaviors such as advertising, collecting personal information, or changing the configuration of your computer, generally without appropriately obtaining your consent first. Spyware is often associated with software that displays advertisements (called adware) or software that tracks personal or sensitive information. That does not mean all software that provides ads or tracks your online activities is bad. For example, you might sign up for a free music service, but you “pay” for the service by agreeing to receive targeted…