Today's world is wrought with violence. From graphic television and movie images, to aggressive video games and music lyrics, to the nightly news, violence pervades everyday life. There is a way in which young boys are indoctrinated into a life of overt violent action and/or an indifferent complacency toward the violent actions of others. This study takes a closer look at the way in which society prepares young boys--oftentimes unwittingly--for a life of violence, whether through being consumers of the violence themselves, or tacitly-approving of the violent behavior around them. It evaluates modern heroes and heroines through a cross case analysis to assess how violent and overly sexualized behaviors are shaping a generation of at-risk young men, which then results in a reduction of empathy and a passivity toward violence and aggression. The research recommends beginning a dialogue on these subjects and planning strategies toward reversing this behavior.
Ditching the "F-Word" in the Public Square to Promote Education. Gerald A. Fisher, Western Michigan University Cooley Law School
This article explores whether the Constitution will permit regulation intended to facilitate the significant non-speech purpose of enriching the use of language and promoting education in Michigan by ditching the use of the F-word in the public square. To achieve success, i.e., to avoid the application of "strict scrutiny" which is generally fatal in a constitutional challenge, the government would apply the so-called "time, place and manner" doctrine. Two key points: first, the use of the F-word plays "no essential part of any exposition of ideas"; and second, those otherwise inclined to use the F-word for expressive purposes would be encouraged by the regulation to select other, more articulate words for their expressions, thus promoting enriched speech and education consistent with Art. 8, [section] 1 of the Michigan Constitution. This constitutional provision pronounces the state public policy that "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." The Michigan Supreme Court has held that Michigan's interest in education is long-standing and of the highest importance.
The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law. Norman Otto Stockmeyer, Western Michigan University Cooley Law School
Courts have distinguished between several forms of confusion on the part of parties to a contract. This paper examines the leading cases defining these related states of mind and their differing legal effects. It offers a fresh look at old chestnuts familiar to generations of law students: cases involving sailing ships, a pregnant cow, and an uncut diamond. And it shares revealing back-stories rarely mentioned in law school.
Are "We the People" in a Constitutional Crisis? Amy Bloom, Oakland Schools; Michael Warren, Oakland Circuit Court and Patriot Week Foundation
By thinking in terms of constitutional principles and constitutional design, we explore a framework for navigating the hyperbole and hyper-partisanship of today. We examine the principles underlying the Declaration of Independence (including the rule of law, unalienable rights, limited government, the social compact, equality, and the right to alter or abolish an oppressive government), and how those principles have been embedded in our Constitution (including separation of powers, federalism, enumerated powers, judicial review, and the Bill of Rights). We also review the definition of "crisis" and what makes a crisis a constitutional one. Using real examples from our history and current events, we review at least 6 different lenses by which a historical or current controversy can be considered to be a constitutional crisis: (1) public violation of the Constitution, (2) following the Constitution off a cliff, (3) disagreements about the Constitution leading to extraordinary forms of protest, (4) internal corruption, (5) violation of our First Principles, and (6) undermining of our higher values. We also explain that some issues are actually not constitutional controversies at all, but features of the Constitution.
The Evolution of Racism in Business Practices. Elizabeth Campbell, Central Michigan University; Tanya Marcum, Bradley University
The practice of racism is a product of legal systems. In early years of colonization even before the 16th century, there was an urgent need for cheap labor. Immigrants were solicited to come into the colonies and to enter into contracts. Pursuant to the contracts, immigrants agreed to set years of service which, upon their release, guaranteed them certain benefits--possibly a gun, or a mule, or a small piece of land. Needless to say, this arrangement of indentured servitude did not work out as hoped for when released laborers roamed the countryside inflicting threats and terror. Business solutions came with the incident concerning John Punch. Solutions evolved into business practices of financing, management, marketing, accounting and legal arrangements of property rights, sales, bailments, leasing, rentals, and remedies afforded upon breach of those arrangements. As the practice of slavery and its consequences of racism evolved in business institutions, the practice of racism continued to permeate business decision making long after slavery itself was legally abolished. The social and economic evolution of racism in business practices will be explored from a historical perspective to illustrate the vestiges of such conduct in today's business world.
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|Title Annotation:||male aggression, avoiding obscene word to boost education, confusion in contract law|
|Date:||Sep 22, 2018|
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