bluuebunny/crossref_metadata_2025 huggingface dataset:
Awareness of rural women of Punjab regarding pollution causing and environmentally safe waste disposal practices
Authors: Kaur Balwinder , Kaur Kanwaljit
Published: January 2023

Household waste disposal practices are main source of pollution. Rural folk dispose their waste in open areas due to lack of awareness about their consequences. Some practices were identified to check their awareness about these practices. The present study was conducted to find out the awareness regarding pollution causing and environmentally safe waste disposal practices in three regions of Punjab i.e. Majha, Malwa and Doaba. For this purpose, 240 rural women of district Gurdaspur, Hoshiarpur and Ludhiana were selected. Data were collected through interview schedule. The study findings revealed that large majority of respondents (91.67 per cent) were aware regarding open drainage of water is source of pollution followed by 87.33 per cent regarding burning of waste and plastic in open air causes pollution. Data regarding environmentally safe waste disposal practices showed that large majority of respondents were aware that selling of electrical waste (90%), disposal in closed container (87.08 %) and faecal matter disposal in pakka pits (80%) are safe disposal practices for environment. About eighty per cent of respondent had high level of awareness. Age, education, mass media exposure, family education and family size were significantly correlated with level of awareness. Although the women had awareness about pollution causing practices but they don’t know the alternatives and management strategies to control pollution.
Physico-chemical studies of water quality in Banganga (Small River) of Shri Mata Vaishno Devi, Katra, J & K
Authors: Yadav Arvind Kumar , Bhushan Indu
Published: January 2023

Banganga is the first major station for a yatries when they undertake their on-foot journey from Katra to Bhawan (Shri Mata Vaishno Devi). The pilgrims reach a small bridge under which flows Banganga, the legendary river associated with the miracles and legends of Mata Vaishno Devi. There is water in the river all through the year. Various physico-chemical and biological parameters were taken into consideration during the course of study, these includes colour, temperature, DO, BOD, COD, pH, total hardness, total suspended solids and  Total dissolved solids. Based on the results of this study it has concluded that slight increase of pollutants in downstream of the river was observed in comparison to the upstream, hence it is an alarming position of increasing pollution load in the river.
Studies of surfacewater quality of the Kashipur, Uttarakhand, India
Authors: Sharma R. K. , Siddiqui Nihal A. , Gautam Ashutosh , Khati Sarang
Published: January 2023

Pollution of water bodies is one of the areas of major concern to environmentalists. Water quality is an index of health and well being of a society. Industrialisation, urbanisation and modern agriculture practices have direct impact on water resources. These factors influence the water resources quantitatively and qualitatively. The study area selected were the Bahella river, Mahadev stream and Kosi river basin of Kashipur, Uttarakhand, India. The Bahellariver, Mahadev and Kosi river water is an important source of potable water supply for Kashipur as well as adjointed areas of the U S Nagar district for all purposes.The physico-chemical parameters like temperature, pH, turbidity, total hardness, alkalinity, BOD, COD, chloride, nitrate and phosphate and fluoride content in water of Bahella river, Mahadev stream and Kosi river were studied to ascertain the drinking and domestic as well as irrigation water supply in Kashipur area. In this present study water quality of Bahellariver, Mahadev stream and Kosi river is taken into account and Khokartalwater is found to be severely polluted with reference to these analyzed parameters.
Phytosociology and species diversity in the catchment of Ratle hydro-electric project, District Kishtwar –J&K (India)
Authors: Kumar Ravinder , Raina Anil K.
Published: January 2023

This study deals with the phytosociology and plant diversity in the 10 km radius influence zone of Ratle hydro-electric catchment area in district Kishtwar (J&K). Quadrats of varying sizes were laid to record the parameters like frequency, density, abundance and IVI for trees, shrubs and herbs. The data obtained was further computed to analyse the species diversity using Shannon- Wiener’s index. The results revealed the dominance of Quercus baloot, Vitex negundo and Viola pilosa for trees, shrubs and herbs, respectively. The computation of diversity index showed that species richness and evenness remained relatively lower for trees and shrubby flora whereas relatively higher in case of herbaceous vegetation.
A comprehensive report on therapeutic potential of Elaeocarpus ganitrus Roxb. (Rudraksha)
Authors: Joshi Swati , Gupta Payal , Kumar Navin , Rai Nishant , Gautam Pankaj , Thapliyal Ashish
Published: January 2023

Members of family Elaeocarpaceae are known for its medicinal properties since long back in traditional medicinal systems. Along with its medicinal usage it has also got spiritual importance due to its electromagnetic nature and mythological convictions. Elaeocarpus ganitrus Roxb. is commonly known as Rudraksha in India. Phytochemical analysis has revealed the presence of many pharmaco-active constituents like tannins, flavonoids, alkaloids, carbohydrates and acids in different extracts of plant parts. Several studies have been done to explore the pharmacological activities of different extracts of the members of Elaeocarpaceae family specially Rudraksha. In this review, we have tried to consolidate the available reports on the phytochemical constituents, and pharmacological properties of Elaeocarpus species.
PERAN DINAS PARIWISATA BADUNG DALAM MEMPROMOSIKAN DAYA TARIK WISATA BADUNG DI ERA PANDEMI COVID-19
Authors: Rusadi Purnami
Published: January 2023

Penelitian ini mengambil judul tentang Peran Dinas Pariwisata Badung Dalam Mempromosikan Daya Tarik Wisata Badung Di Era Pandemi Covid-19. Tujuan dari penelitian ini adalah untuk mengetahui seberapa penting peran yang dilakukan oleh tim Dinas Pariwisata dalam mempromosikan daya tarik wisata di Kabupaten Badung Selma pandemic Covid-19 yang masih menimpa pariwisata Bali. jenis penelitian yang dilakukan adalah kualitatif. Penelitian ini mengambil studi kasus pada peran Dinas Pariwisata Badung yakni di bidang pemasaran atau promosi pariwisata yang ada di Badung. Sumber data yang diperoleh yaitu melalui sumber data primer dan sumber data sekunder. Teknik pengumpulan data yang dilakukan peneliti menggunakan observasi, wawancara, dokumentasi, dan studi pustaka. Dinas Pariwisata Badung telah melakukan berbagai cara untuk mempromosikan daya tarik wisata di Badung guna menarik kunjungan wisatawan ke Badung Bali salah satunya melakukan promosi pariwisata di dalam maupun luar negeri melalui sosial media dan meningkatkan SDM dengan melakukan pelatihan-pelatihan di bidang pariwisata.
The Role of Tourism Services at The Caldera Toba Nomadic Escape, Toba Regency, North Sumatra Province
Authors: Tauhid Booni
Published: January 2023

Public services are all service activities carried out by public service providers as an effort to fulfill the needs of service recipients as well as the implementation of provisions in accordance with statutory regulations. Therefore, the public bureaucracy is obliged and responsible to provide good and professional public services. Likewise in the tourism sector which is one of the regional development sectors and has an important role in the economy either as a source of foreign exchange or income. For this reason, it is necessary to prepare and improve in various fields, including its management and development. The purpose of this study was to determine the quality of the application of tourism services at The Caldera Toba Nomadic Escape, Toba Regency. Descriptive research method with qualitative analysis. Data collection was carried out in three ways, namely observation, interviews and documentation. Data collection was carried out in three ways, namely observation, interviews and documentation. The results of the analysis show that the quality of implementing tourism services at The Caldera Toba Nomadic Escape in increasing tourist visits can be seen from the programs formulated and implemented by the managers and related agencies. The development and coaching program is the main goal to be realized immediately. This will make The Caldera Toba one of the leading tourist attractions in Toba Regency or Toba Destinations. Various efforts have been made to improve the services provided by the hope, with efforts to improve the quality of services to attract tourists to visit The Caldera Toba Nomadic Escape.
Review on prescribing pattern analysis of drugs in the patients with gastrointestinal disorders
Authors: M Anjali Devi , M Hareesh Kumar , P Sri Kavya , P Santhosh , R Prasanna Kumar , K Swathi Krishna
Published: January 2023

Aim: The aim of the study is to evaluate Clinical profile & Prescribing Patterns of Drugs in patients with gastrointestinal disorders. Materials and Methods: Patients who were diagnosed with gastrointestinal disorders of either gender and with an age of above 18 years were included in this study. Results: Among the 240 study participants, In our study, we have observed over 120 cases of Gastro-Intestinal Disorders. Among 120 control subjects, all of them were suffering from either of the Gastrointestinal Disorders. 63.33% of the subjects were Male and 36.66% of the subjects were Female. Among the subjects belonging to age group 20-40 years, 14.16% were Male and 6.66% were Female. Among the subjects belonging to age group 40-60 years, 32.5% were Male and 11.66% were Female. Among the subjects belonging to age group 60-80 years, 17.5% were Male and 6.66% were Female. Among the subjects belonging to the age group above 80 years, 8.33% were Male and 2.5% were Female. Conclusion: In our study, we noticed that the incidence of GI disorders was more in males (63.33%) compared to females (36.66%) and also the people who were in the age of 40 to 60 years were more affected compared to the younger ones. We have also reported the alcoholics (45.83%) and smokers (46.66%) were more prone to gastritis (44.16%) and pancreatitis (24.16%) than the normal population.
Representations of “The New Woman” in Changes and Our Sister Killjoy by Ama Ata Aidoo
Authors: Nyamwiza Barbra
Published: January 2023

This study explores the representations of “the new woman” in selected works by Ama Ata Aidoo, namely: Changes (1993), Our Sister Killjoy (1977), and Girl Who Can and Other Stories (1997). Ama Ata Aidoo addresses the conditions and needs of continental African women (African women who reside on the African continent) and points out key issues relating to discrimination and exclusion on the basis of sex and gender objectification, structural and economic inequality, power and oppression and gender roles and stereotypes. It reviews several studies carried out on works by Ama Ata Aidoo thus providing this study with the privilege of filling the gaps that were not addressed. It is finally noted that Aidoo does not agree with the view that the success of a woman should be gauged by her ability to get married and have children as emphasised by African tradition. To her, the success of women does not lie in their ability to reproduce but rather in becoming productive in other aspects that benefit humanity and promote the independence and progress of a nation. Aidoo clearly implies that for any nation to develop effectively the role of a woman must not be ignored. A woman has to join hands with the man in order to see a better nation, it should however be noted that the position of a woman in the contemporary world is still a hustle since it is proven through all the new woman characters that it is hard for women to live as single or divorced without enigma from the society
A Survey Study on the Perception of the Vertical Garden Among the Public of Chennai
Authors: Sethupathy Dhivya , Ravindhar Dr. S. , Devadas Dr. Monsingh David
Published: January 2023

Vertical gardens (VG) has proved to have numerous environmental, economic, and social benefits. However, implementing VG is not common in a highly developed city like Chennai due to various reasons. This study aims to examine public perspectives on VG and the challenges preventing their broad adoption in Chennai, Tamil Nadu. This research uses a sociotechnical strategy to encourage the adoption of VG. Design/methodology/approach: A survey approach was used for the investigation. An online questionnaire was given access to the public of Greater Chennai Corporation to come out with a quantitative understanding of the perception of VG. There were four 4 parts with 11 close- ended multiple choice questions. Part 1 included socio-demographic factors, while part 2 collected information on awareness of VG and the desire to adopt it in Chennai. Part 3 examined the understanding of the environmental, economic, and aesthetic benefits of the VG. Part 4 focused on the barriers to the usage of VG in Chennai. Findings: the survey report analysis makes it clear that the following are the barriers to its widespread adoption in Chennai, the VG is still at a conceptual stage in the mind of the public due to a lack of clear understanding of its maintenance, irrigation, and the thought that vertical greening would cause structural damages. The purpose of vertical greening is prioritized for its aesthetic benefits rather than its environmental and social benefits. The maintenance and irrigation issues are also among the reasons discussed in this paper.
The Aircraft Family Concepts for an Advanced Technology Regional Aircraft
Authors: Edi Prasetyo
Published: January 2023

The aim of this work is to make a feasibility study of the aircraft family concepts using a combined Hybrid Laminar Flow Control - Variable Camber Wing (HLFC-VCW) for a high subsonic Advanced Technology Regional Aircraft (ATRA). The prediction of ATRA’s performance used computational fluid dynamic and empirical methods. The aircraft family concept using a combined HLFC–VCW is feasible for the ATRA aircraft family from an aerodynamic point of view.
AN EXAMPLE OF LOCALLY CONFORMALLY SYMPLECTIC MANIFOLDS
Authors: Gatsé Servais Cyr
Published: January 2023

Our aim in this paper is to give an example of locally conformally symplectic manifolds.
Public and Private Speech: Toward a Practice of Pluralistic Convergence in Free-Speech Values
Authors: Gray W. Robert
Published: January 2023

The article takes the distinction between public and private speech in the areas of public employment and defamation, where the leading cases are Connick v. Myers and Dun & Bradstreet v. Greenmoss Builders, Inc., respectively, and shows the difficulty which the Supreme Court and the lower federal courts have had in defining public and private speech in First Amendment cases. The thrust of the article is to formulate a clearer definition suitable for use by jurists and lawyers in First Amendment free-speech cases by resorting to three writers of philosophical bent who have addressed the question of what consitutes the "public": John Dewey, in The Public and Its Problems; Hannah Arendt, in the chapter "The Public and the Private Realm" in her book The Human Condition; and Walter Lippmann in The Public Philosophy. The article further relates the views of Dewey, Arendt, and Lippmann to conventional judicial and scholarly rationales for freedom of speech like the instrumental rationale of political governance and the intrinsic rationale of self-expression, especially as developed in the early formative period of freespeech values by Justices Holmes and Brandeis. In the course of the argument, the metaphilosophical ideas and methods of Richard P. McKeon are used, in connection with the writers' views of what constitutes the "public," to develop a model of convergence. This model of convergence is then used to achieve the major goal of the article, philosophical clarification of the standards for identifying public and private speech in constitutional litigation. To this end the model of convergence, employing a plurality of meanings for the "public," is applied to the mass of confusing case law in the lower federal courts, offering practical solutions to problems of conflict and ambiguity in particular concrete cases.
Foreword: The Role of Contract in the Modern Employment Relationship
Authors: Arnow-Richman Rachel
Published: January 2023

To be sure, many questions about the relationship between contract and employment remain unanswered. The complexity of employment issues-the inherent tension between public regulation and private ordering, between legal agreements and moral obligations, between business interests and human need-will doubtlessly continue to challenge courts and legal scholars. The voices collected here offer a first step toward a richer understanding of the contractual dimension of employment and employment's influence on contracts in addressing some of the most pressing issues of the contemporary labor economy.
Attention All Students: Please Deposit Your Constitutional Rights at the Door
Authors: Crockett Emily
Published: January 2023

This Note argues that the Court should return to the fact-specific balancing test utilized in Vernonia and close the door to the further expansion of suspicionless drug testing in public schools. Part II of this Note will discuss the steady erosion of Fourth Amendment protections in the school context, as well as the expansion of drug testing outside the school setting. Part III will discuss the factual and procedural background of Pottawatomie and will focus on the Supreme Court's analysis and the dissent's application of the Vernonia standard to Pottawatomie's facts. Part IV will explore the problems and ramifications of the Pottawatomie decision. Part V will offer recommendations for what the Court should do in the future to protect the Fourth Amendment rights of students and prevent the further expansion of drug testing in schools. Part VI will summarize and conclude.
Home Equity Lending in Texas: Are Loan Origination Fees Interest?
Authors: Hendry Paul
Published: January 2023

The constitutional amendment did not define what constituted a fee for purposes of a home equity loan, and this ambiguity has created much concern among lenders. This Comment argues that a loan origination fee charged by a lender in a home equity transaction should be considered interest and not a fee for purposes of the three percent fee limitation. Part II of this Comment will discuss homestead protection in Texas and the 1997 constitutional amendment authorizing home equity lending. Specifically, Part II will discuss the three percent fee limitation, the forfeiture and cure provisions contained in the constitutional amendment, and the problems inherent in interpreting what constitutes a fee for purposes of the cap on fees. Part III will discuss the potential charges to a borrower in a hypothetical home equity transaction by defining and describing the varying lender and non-lender charges. Part IV will discuss how interest and fees have historically been defined under Texas law. Part V will discuss whether the legislature intended a different definition of interest and fees for purposes of the three percent cap on fees. Part V will also examine the language of the pertinent section of the constitutional amendment, applying the rules of statutory construction in Texas, and will discuss how Texas regulatory agencies interpret the amendment.
Part VI will discuss four recent judicial interpretations of the constitutional amendment relative to the classification of points and/or origination fees in Texas home equity transactions. Part VI will also discuss a recent decision by the Texas Supreme Court interpreting the cure provision contained in the constitutional amendment and its application to a violation of section 50(a)(6)(E). In addition, Part VI will provide a summary of recent home equity cases.
Part VII will discuss the relevant policy considerations in classifying interest and fees for purposes of home equity lending in Texas and lender options for dealing with the problem created by the uncertainty of whether a loan origination fee constitutes interest or a fee. Part VII will also discuss the 2003 amendment to the Texas Constitution on home equity lending, to the extent that the amendment addresses the problem of interpretation and the process by which a lender or note holder may cure a violation of the home equity law. Finally, Part VIII will summarize why loan origination fees should be considered interest and not fees for purposes of home equity lending in Texas.
Unilateral Contracts of Employment: Does Contract Law Conflict With Public Policy?
Authors: Slawson W. David
Published: January 2023

Section II will state cases from each of these groups to show the reasons the courts gave for reaching their decisions and some of the decisions' consequences. Section III will explain how existing contract law should apply both to the initial creation of employment rights and to their subsequent amendment. An explanation of the rights' initial creation is included because in my opinion, it was their misunderstanding of this that misled so many of the courts into allowing the employer to reduce or eliminate the rights unilaterally. Section IV will show that the new contract law the courts in the third group made is inferior to existing contract law for the following reasons: (1) the benefits the courts claimed for it are illusory because existing contract law already provides them; (2) it is unjust because it enables employers to disappoint their employees' reasonable expectations and undercut their justifiable reliance with impunity; and (3) it is bad public policy because it deprives employers of a valuable means of attracting and keeping superior employees, and makes joining a labor union the only way that employees can obtain rights-as opposed to unenforceable promises-of employment security. Section V will show that the law the courts made by misunderstanding existing contract law has these same drawbacks, plus the drawback of operating coercively. Section VI will offer a brief conclusion.
Opposing Excessive Use of Employer Bargaining Power in Mandatory Arbitration Agreements Through Collective Employee Actions
Authors: Green Michael Z.
Published: January 2023

In this Article, I focus on how employees can respond and address excessive bargaining power issues when employers require individual employees to agree to arbitrate employment disputes as a condition of employment. My thesis is that individual employees can and should seek self-help through collective action to level the playing field for bargaining about arbitration. Furthermore, I contend that the best collective action would be for unions to play a major role in how individual employee disputes, including the various statutory and tortbased exceptions to the employment-at-will doctrine, are negotiated and resolved in arbitration.
Section II of this Article reviews the Supreme Court's analysis of mandatory arbitration agreements involving statutory employment discrimination claims and its lack of concern for bargaining power in enforcing these agreements. Section III addresses the underlying concerns that led employers to excess when seeking mandatory arbitration agreements, and why that response now appears so insidious to many employee advocates. Section IV offers a solution to the dilemma of bargaining power excess engaged in by employers through mandatory arbitration-the use of collective employee activity with the assistance of unions. Finally, this Article concludes that creative uses of unions as assistants to groups of employees can chill employer excess and ultimately level the bargaining playing field with respect to decisions to arbitrate employment disputes.
The Validity of a Restraint of Trade Clause in South Africa as a Contractual Term in an Employment Contract
Authors: van Jaarsveld Marlize
Published: January 2023

What follows is a reflection on the history and the validity of restraint of trade clauses as contractual terms in South African employment contracts. The Article is divided into seven parts. Part I deals with the general meaning of restraint of trade clauses and the reasons for including these clauses in employment contracts. This is followed by a discussion of the then-uncertain status of restraint of trade clauses in South African employment contracts until 1984, when the status of restraint clauses in contracts was finally addressed. In Part III, the consequences of the Appeal Court's 1984 groundbreaking decision in Magna Alloys & Research (Pty) Ltd. v. Ellis will be examined. During 1996, the final Constitution of South Africa was enacted which afforded protection to individuals to trade freely. The influence of this constitutional guarantee on the validity of a restraint of trade clause is discussed in Part IV. This is followed by an analysis of the meaning of public policy as a criterion for the enforcement of a restraint of trade clause Part V. Diverse aspects pertaining to the practical enforcement of restraint clauses are dealt with in Part VI of the article, and finally, the conclusion follows in Part VII.
International Adoption & International Comity: When Is Adoption “Repugnant”?
Authors: Seymore Malinda L.
Published: January 2023

Part II of this Article will examine the doctrine of international comity, traditionally thought to give courts the power to recognize foreign decrees, as it applies to international adoption. First, the ability of courts to recognize foreign decrees of "status" generally will be discussed. Next, the focus will be on courts' authority to recognize the parent-child status created by foreign adoptions. This subpart will also review treaties and statutes that touch on the recognition of foreign adoption decrees. Part III will consider a traditional limitation on comity-that courts need not accept judgments that are "repugnant" or against the public policy of the state-as it applies to international adoption. The Article concludes that courts find "repugnant" those international adoptions that fail to mimic American notions of a nuclear family. Finally, Part IV will suggest a child-centered approach to replace the "repugnance" limitation on international comity.
The Case for Collaborative Law
Authors: Cox Gay G. , Matlock Robert J.
Published: January 2023

This paper provides a summary of how the process is evolving in Texas as demonstrated by the history of the movement and by polls and surveys of clients and practitioners. Parts II and III will explain client goals and lawyer objectives that are achieved by utilization of the process. Part IV will present practice considerations by outlining how a typical case is managed.
Extending the Lessons of Hadley v. Baxendale
Authors: Kidwell John
Published: January 2023

I have taught the venerable case of Hadley v. Baxendale more than thirty times to students in Contracts I and an additional thirty or more times to students in a Remedies course. I recently realized that I had underestimated the potential of the case. This Conference, and some conversations with my colleague Bill Whitford led me to realize that Hadley can be used more ambitiously. The trick to doing this is easy. One has simply to ask students to imagine that the notice of special circumstances had been given, and then ask what the victims of the breach would have needed to prove in order to recover significant damages, and whether Baxendale would have had any remaining credible defenses.
A Common Tragedy: The Breach of Promises to Benefit the Public Commons and the Enforceability Problem
Authors: Russell Irma S.
Published: January 2023

This Article begins an exploration of the possibility of using contract law as a supplement to statutory law that protects the commons. It examines contractual commitments created by governmental agencies as representatives of the public. Part II relates the economic analysis set forth by Garrett Hardin in his famous article, The Tragedy of the Commons, and applies this analysis of the cost-benefit ratio that applies to use of a public good (the commons).
The Interpretive Project and the Problem of Legitimacy
Authors: Bucholtz Barbara K.
Published: January 2023

It is remarkable that the common law remains as vibrant and as vulnerable today as it was in the nineteenth century. Its vibrancy continues to be illuminated by its responsiveness to societal changes; its vulnerability continues to reflect the flip-side of that responsiveness: an inherent indeterminacy. The analysis that follows investigates the feasibility of maintaining the former characteristic while curtailing the latter, and it is limited to the common law in its interpretive capacity. The principal focus of the analysis is, in keeping with the theme of the conference, the common law of contracts. From that perspective, the Article articulates the problem of indeterminacy in contract cases and proposes a resolution. The crux of my argument is that indeterminacy undermines the legitimacy of the common law to the extent that interpretation in a particular case seems arbitrary or worse-biased and partisan. The antidote might be an interpretive rule regime that compels transparency in judicial decisionmaking. The obvious venue for the project is the Restatement. Because, contract law is primarily interpretive, a re-articulation of the Restatement (Second) of Contracts, which captures and makes explicit the predominance of interpretation in contract law and the availability of alternative interpretive rules at each step of judicial decisionmaking in contracts cases, would encourage judges to make their interpretive choices explicit and their reasoning more apparent. This, in turn, would constrain indeterminacy by holding judges responsible for persuading us that their choice of interpretive rules in a particular context was neither arbitrary, nor biased, nor partisan, but a legitimate choice among competing alternatives.
When Literature Becomes Law: An Example From Ancient Greece
Authors: Sundahl Mark J.
Published: January 2023

After a brief introduction to Solon and the Testamentary Law in the next section, Part III of this paper will examine the origin of the phrase "under the influence of a woman" by tracing the evolution of the concept of the "persuasive woman" in the poems of Homer and Hesiod. Part IV will then show that the mythological models of the female enchantress contained in these poems gave rise to a cultural fear of the "persuasive woman" in Greece, which was reflected both in the Testamentary Law as well as in the courtroom speeches of classical Athens. The final part of this paper will examine this unique intersection of law and literature and, in particular, the close connection between Hesiod's poetry and Solon's legislation.
Taking Ian Watt to Court, or How Do Jurors Read Stories?
Authors: Wan Marco
Published: January 2023

In his seminal work, The Rise of the Novel, Ian Watt posits an analogy between the readers of a novel and the members of a jury.This comparison has formed the foundation for much subsequent work on law-and-literature. Alexander Welsh, for example, begins his analysis of Tom Jones with Watt's analogy, which he finds "fully warranted." Given its centrality in our field, it is necessary to examine Watt's claim more closely. In this paper, I will test his analogy between reader and juror by bringing it into dialogue with a mid-Victorian novel, William Thackeray's Vanity Fair. I will then argue against the use of analogies as the basis for interdisciplinary work by demonstrating that the logic of fiction inherently resists the hermeneutic strategy of the courtroom. I will conclude by gesturing towards an alternative model of interdisciplinary analysis.
The Dick Whittington Story: Theories of Poor Relief, Social Ambition, and Possibilities for Class Transformation
Authors: Hershkoff Helen
Published: January 2023

The New Yorker cartoon, with its pessimistic emphasis on a child's economic prospects, provides a foil to the Whittington story and its optimistic attitude toward law and social possibility. I suggest in this talk that contemporary children's literature shares with the cartoon a similar lack of confidence in law's capacity to generate advancement and prosperity. My comments rely on Eleanor Updale's award-winning Montmorency series and Philip Pullman's widely acclaimed His Dark Materials trilogy to try to glean a better sense of cultural understandings of law and of law's contemporary relation to social mobility. I take these books as my texts, not because they are canonical (at least not yet), but because they tell wonderful stories, are superbly written, and illustrate important current themes. Both are written by contemporary English writers and take place in imaginary versions of England in the past, present, and future. In both sets of stories, an orphan, actual or metaphysical, sets out to establish a new persona that requires the crossing of social boundaries. In both, lawinvisible but all-present-drives the story into motion and affects the child's capacity to create that new identity. And in both, the characters experience significantly less happiness than one might expect in their new social roles, and certainly less than is ascribed to Dick Whittington. Turning from the stories, I conclude by briefly taking up the central theoretical concern of this conference-the intersection of law, culture, and literature-and comment on what I think these stories teach about the experience of law in-the-world as it affects class identity. In so doing, I implicitly respond to the argument that literature has little to contribute to law or to legal culture.
The Handmaid’s Tale of Fertility Tourism: Passports and Third Parties in the Religious Regulation of Assisted Conception
Authors: Storrow Richard F.
Published: January 2023

Infertility is a devastating global malady triggering worldwide demand for a vast array of reproduction assisting technologies. Infertility is particularly devastating in "pronatalist" societies marked by high rates of infertility and large disparities in access to medical services. Poverty in particular impedes large segments of the population in pronatalist Third World countries from gaining access even to very basic techniques of infertility treatment and consigns them to ineffective traditional remedies. In this Article drawing on both ethnographic work on infertility in the Third World and on Margaret Atwood's The Handmaid's Tale, Professor Storrow examines two starkly class-stratified societies where reproduction is regulated by means of rigid adherence to religious doctrine. He notes in particular that in such societies the participation of third-party gamete donors and surrogates in the reproductive process seems to depend upon whether the society in question is devoted to a program of repopulation. Where it is, Storrow finds a potent metaphor in fertility tourism, where infertile couples of means treat third parties from disenfranchised groups as "passports" to reproduction. Storrow concludes that in resource-poor, pronatalist societies, programs of repopulation are a tipping point beyond which exploitation of third parties in infertility treatment is actively pursued and expediently justified.
Mahon Lecture
Authors: Higginbotham Patrick E.
Published: January 2023

The law of federal courts is now a free-standing subject in every law school curriculum, taught in law schools as federal jurisdiction and in distinct courses as federal practice and civil procedure. So much of this is recent. After all, the Federal Rules of Civil Procedure which fueled a sea of change in American litigation are only 65 years old. Its youth in the law is easily demonstrated. For example, the doctrine of standing did not appear in anything like its present form until after World War II, responding as it did to the growth of public law and the expanded use of private litigation to enforce federal norms. We saw the traditional bi-polar suit by a plaintiff against a defendant complaining of breaches of duty by private persons, joined by suits by private persons complaining of state and federal government failures to comply with the law. These newly emerging public lawsuits typically sought orders from federal courts directing state and federal officials to obey federal law and remedies for the injuries suffered by those violations. I point to these as examples of the "law" of federal courts with which we have busied ourselves, along with a myriad of other "reforms" and concerns, such as costs of civil litigation and the role of judge and jury in district courts. In this important work with the trees, we risk missing the forest, whistling past macro changes in the role of federal district courts and courts of appeal in turn. When we widen our lenses, we find disturbing trends, such as the decline of trials with federal trial courts looking like European courts. We also find a suspiciously parallel flow of dispute resolution to the administrative agencies.
The Mass Incarceration of African-American Males: A Return to Institutionalized Slavery, Oppression, and Disenfranchisement of Constitutional Rights
Authors: Weatherspoon Floyd D.
Published: January 2023

This Article expands on the plight of James Somerset by exploring how the American justice system disenfranchises African-American males of their constitutional rights of liberty and equal justice, thus placing them in a system of de facto slavery. This Article will also reveal how the American justice system has not only had a devastating impact on the social and economic status of African-American males, but also on their constitutional rights of freedom and justice. Specifically, this Article explores how the mass incarceration of African- American males is a system of involuntary servitude for life, similar to the institution of slavery. This Article documents the mass incarceration of African-American males in federal, state, and local prisons and jails throughout the United States. Evidence is presented that illustrates a direct correlation between the incarceration of African-American males and the loss of their rights to vote in state elections throughout this country.
The Profound Influence in America of Lord Mansfield’s Decision in Somerset v. Stuart
Authors: Blumrosen Alfred W.
Published: January 2023

Lord Mansfield's influence on slavery in America began on June 22, 1772, when he decided the case that freed James Somerset and declared slavery "so odious" that it could not be enforced in Britain by sending a slave out of the country against his will. It continues into the present through work such as the University of Michigan's successful defense of affirmative action before our Supreme Court. My focus today is on six episodes showing the influence of Mansfield's decision in Somerset v. Stuart in America.
No Air to Breathe: Victims of Sex Slavery in the U.K.
Authors: Rauxloh Regina E.
Published: January 2023

Today slavery is recognised as a heinous violation of numerous human rights and a crime against humanity under the Rome Statute. It is prohibited under a number of international law instruments, such as the Universal Declaration of Human Rights, the International Covenant of Civil and Political Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Nevertheless, 250 years after the famous decision in Somerset v. Stewart, when Lord Mansfield was reported to have announced that the air of England was "too pure for slaves to breathe," the U.K. is still a country of destination for thousands of persons who are trafficked for the purpose of forced labour in agriculture and sweatshop industries, involuntary domestic servitude, and sexual exploitation. An increasing number of them are women and children, who are sold and re-sold, kept imprisoned, raped, beaten, humiliated, and psychologically abused in the billion-dollar industry of sexual exploitation.
The Case of Grace James (1827)
Authors: Waddams Stephen
Published: January 2023

In 1827, Lord Stowell, the judge of the High Court of Admiralty, was called upon to decide a controversial appeal from the Vice-Admiralty Court of Antigua. The issue was whether a person who had been a slave in Antigua, having resided in England for a period of time, reverted to a condition of slavery on returning to Antigua. Lord Stowell's decision, putting a restrictive interpretation on Lord Mansfield's celebrated decision in Sommersett's Case, was that the condition of slavery, though not recognized in England, revived on the former slave's return to Antigua. Lord Stowell's decision, usually referred to as the Slave, Grace, the name given to it in Haggard's Reports, soon became obsolete in British jurisdictions, but was influential for a longer period in the United States. The background documents reveal a number of important circumstances not apparent from a reading of the law report. The documents show that there was considerable anti-slavery sentiment among some of the officers of the Crown in Antigua and also in London. The law report states that Grace was "seized" by the customs officials, but the documents show that it was she who initiated the process, claiming protection from the customs officials in order to have her "right of freedom judicially declared and solemnly determined." The procedure had been used for this purpose in previous instances, and the dispute was perceived, both in Antigua and in London, as an important test case. The interests of the Crown, the anti-slavery movement, and Grace James herself were thus aligned in this case, which was strenuously argued for the Crown by Dr. Stephen Lushington, a leading member of the Anti-Slavery Society, well-known for his forceful anti-slavery sentiments.
“Too Pure an Air:” Somerset’s Legacy From Anti-slavery to Colorblindness
Authors: Harris Cheryl I.
Published: January 2023

Canonical cases like Somerset v. Stewart resonate beyond their particular historical context because they change or crystallize critical legal and political debates. Analyzing the legacy of such cases is a complex task, fraught not only with the difficulties attendant to knowing history, but also with the conundrum of reading the past through the present. Somerset's Case has left particularly complicated legacies, partly because of its influence on both sides of the Atlantic. Of course, English law has always shaped American legal doctrine. But because the question at the heart of the case entailed the status of a slave-James Somerset-whose master had brought him to England from the Americas, the transatlantic character and significance of the decision was embedded within the facts of the case itself. Adjudicating the controversy in Somerset required negotiating slavery as a transnational enterprise immersed in multiple bodies of law. Part of the challenge in assessing Somerset then is, that from its inception, it was a case that had multiple audiences and legal trajectories-speaking both directly and implicitly to the issue of slavery and freedom, in England and in the colonies. Given this complex history, it is fair to say that there never was a singular legacy of the case, and certainly not one that can be articulated now. Rather, there are multiple and conflicting trajectories which culminate in the case, becoming one of the most significant in both American and English law.
The Supreme Court Perspective of Media Effects as Expressed in Campaign Finance Reform
Authors: Fortunato John A. , Martin Shannon E.
Published: January 2023

The Bipartisan Campaign Reform Act (BCRA) of 2002 amended campaign finance law by banning unlimited soft money contributions to political parties and reforming the financing of advertising close to an election. In this ruling the Court is clearly concerned with the amount of money being donated to political candidates, which leads to the appearance of impropriety in gaining access to elected officials that in turn may influence legislation. In ruling on the constitutionality of this legislation, the Supreme Court also provided insight into its view of mass media effects. In applying the principles of cultivation theory and the media framing paradigm, the groups that can fund more commercials have an advantage with voters who may believe these repeated advertisements and vote for that particular candidate. This Article posits what might be the Supreme Court's view of the media effects debate by examining its ruling in McConnell v. FEC.
A Flock of Trouble: Liability Under Oil and Gas Joint Operating Agreements After Seagull v. Eland
Authors: Kulander Christopher S. , Lauritzen David W.
Published: January 2023

The Court's decision in Seagull effectively makes all predecessors in title to an interest liable for breaches caused by a successive leaseholder unless they have presciently acquired express approval of their assignments. The interests in JOAs can be, and usually are, assigned numerous times. In fact, a leasehold interest in a JOA such as that being discussed here can be assigned dozens of times over the decades that a JOA may be effective. This decision, extending liability to all predecessors in interest, dramatically changes the liability landscape of a JOA, effectively making all predecessors in interest liable for the malfeasance of one successor in interest that may be several times removed from the initial or subsequent assignee.
Non-Education in America: Gateway to Subsistence Living
Authors: George Cheryl
Published: January 2023

Dropout rates are the proverbial canary-in-the-coal-mine. If ever there was a predictor of poverty, discrimination, abuse, neglect, inability to parent-in short the suffering of an entire generation-it is the lack of experience and education we are affording our minority students. This lack of education is invariably accompanied by lack of not only opportunity, but sustainability. We have a potential generation of students unable to make their way through life independent of government support. The worst crime in a capitalist society is to leave an entire group without the skill set to compete. Perhaps the biggest hurdle to objectively identifying schools that are failing our children is the presumption that schools, by virtue of their mission, are acting in "good faith." In every scenario in which schools' decisions and districts' allocation of funds and energy are analyzed, courts have approached the dilemma from the standpoint that schools and educators act in good faith. After 50 years of inequity, it is indeed safe to say that in order to achieve such disparities in achievement between white and minority groups there must be a complete absence of good faith. There is no other explanation.
Losing Lift and Creating Drag! The Effect of National Mediation Board Execution and Railway Labor Act Court Decisions on the Collective Bargaining Process in the Airline Industry: A Union Perspective
Authors: Stephens Mark C.
Published: January 2023

This comment will: (1) contrast the divergent statutory bargaining provisions implemented in the RLA and NLRA, (2) discuss how the NMB's application of the RLA combined with court interpretation of RLA provisions negatively impacts labor unions' leverage in the collective bargaining process, and (3) suggest potential solutions to balance the negotiating dynamic in the airline industry while still serving the legislative purposes enumerated in the RLA.