Augmented Reality: Hard Problems of Law and Policy

Augmented reality (AR) technologies are poised to enter the commercial mainstream. Using an interdisciplinary research team, we describe our vision of AR and explore the unique and difficult problems AR presents for law and policy—including around privacy, free speech, discrimination, and safety.https://digitalcommons.law.uw.edu/techlab/1018/thumbnail.jp

The Color of Kinship

This Article addresses the need for family law scholarship that better theorizes and grapples with how race informs American life in the 21st Century. Family law scholars have been instrumental in documenting and advocating for recognition of the “new kinship”—familial relationships and affective ties forged outside of marriage and amidst dramatic demographic shifts. In doing so, though, they have largely ignored race, focusing instead on matters such as gender or class. The assumption is that kinship is raceneutral. But, in fact, kinship has a color. Part II explores this reality by analyzing Cramblett v. Midwest Sperm Banks, LLC, a case involving a lesbian mother who filed a wrongful birth suit when the insemination process she underwent resulted not in the white baby desired, but a child who is partially black. Part III explains how the colorblind approach that informs much of family law scholarship undermines the ability of scholars in this area both to interrogate cases like Cramblett and to offer meaningful solutions to the problems that families confront. Part IV advocates for a new approach to issues of family and race, including whiteness. Mapping a research agenda and alternative vision for family law scholarship, this article urges greater attention to the ways in which race informs the functioning of all families and intersects with issues like sexual orientation and class. This article also makes the case that family law scholars can advance the national debate about race and inequality in the United States by offering insights into the ways in which family law systems and policies shape notions of race and structure inequality across a range of areas

Private Lawyers and Public Responsibilities

A half-century ago when this Law Quadrangle was conceived and constructed, it was surely an act of faith on the part of its wise and generous donor. So it was also of this University which undertook the challenge to make of his vision a reality - to provide, in the most magnificent plant for legal education this country has ever seen, instruction in the law and constant refinement of its ideals worthy of the most rigorous traditions of the higher learning

Make it new! The redeeming Modernism of law and the collapsing of its polarities

This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases, 'examples'. Through these examples the law is capable of both interacting with and comprehending that world, while also being forced to question the law's own precepts and their application. In this manner, the law's generalisations and abstractions become concrete, and can indeed be upended, through fleeting, impressionistic and highly case-specific examples. This exemplarity within law explains how law is able to navigate its apparently contradictory aspirations and natures which have bedevilled legal philosophy for millennia. In reality, law exists within a series of polarities, rather than contradictions, which are navigated through the law?s encounters with examples from the extra-legal world. The authors conclude that this aspect of the law?s nature also has practical consequences, requiring the law to maintain the fora in which new and novel cases are heard, and through which law?s modernist spirit can thrive

On coming to terms: how European human rights law imagines the human condition

This thesis offers an account of how European human rights law – the law of the European Convention on Human Rights (‘the ECHR’) – imagines the human condition. It argues that the ECHR legal order is an order that is constituted upon, and structured by, a vision of ‘the individual’, and that to understand European human rights law we need to understand the mode of being – the vision of life – that underpins this order. The argument I make is that a series of assumptions about the human condition structure European human rights law, in that they underpin the six things that European human rights law relies on for its significance: its interpretive vision; its modes of reasoning; its integration of values; its expression of a vision of emancipation; its therapeutic potential; and its form of accountability. Assumptions are made about the way in which ‘the individual’ develops an identity in European human rights law, about her need for a sense of continuity across time, about her need for recognition by others, about her agency in managing reality and her capacity to detach from reality, and about the way in which she is attached to material circumstances and is also able to extend herself beyond material circumstances. I argue that these assumptions are broadly oriented towards a notion of individual continuity through time and that they are underpinned by a vision of the human condition in which the fundamental question to be negotiated is a question of coming to terms – a question of coming into the terms of European human rights law and of coming to terms with all that which must be brought to terms according to European human rights law

The Union of Law and Equity: The United States, 1800-1938

David Dudley Field was the architect of the union – or fusion or merger – of equity and law in New York state, and the Field Code was widely adopted in other states. Field’s vision of the union of law and equity has prevailed in the United States, including at the federal level, at least in theory. However, the practise of law and acts of the courts indicate that the reality is rather different. Equity was not sundered by the Field Code or its federal counterpart, the Federal Code of Civil Procedure 1938. Equity continues to operate distinctly in various ways, even if it is less well understood now. Field’s own behaviour as an attorney was also ambivalent: where he maintained a strong posture against equity in theory, his practice as an attorney revealed his willingness to continue to recognise and rely on equity even under his Code

Правова реальність як вияв цінності права: підходи до характеристики

В статті аналізуються основні підходи до визначення правової реальності, обґрунтовується власне бачення цієї категорії, досліджується її природа, зміст та структура, дається характеристика правової реальності як аспекту прояву цінності права.В статье рассматриваются основные подходы к определению правовой реальности, обосновывается собственное виденье этой категории, исследуется ее природа, содержание и структура, дается характеристика правовой реальности как аспекта проявления ценности права.The article gives the basic for analyze legal reality, its own vision of the category which is grounded on its nature, maintenance and structure, is probed, description of legal reality is given as to the aspect of display of value of right. Actuality of the article dedicates to the synergistically field of social life which co-operates with other constituents and necessity of decision of essence of law phenomenon. It is necessary to find ontological nature of law, maintenance, and to composition concept of legal reality, knowledge of basic forms of legal life, a process of cognition of this important category is impossible. The research of any scientific category at theoretical level stipulates the necessity of development and application of the proper going near its description. Therefore actuality of this scientific publication is stipulated also the necessity of research the phenomenon of legal reality on a base of theoretical approaches. Pursuant to the theory we can tool legal science deeper and more concrete to probe legal reality not only as the social phenomenon but also as the special form of legal life, original legal world view, inherent all society on the whole and to the concrete person. Actuality of select theme and degree of its research stipulated the purpose of scientific publication decision of going near description of legal reality and its structure. Being the fundamental scientific category of legal theory, legal reality is the difficult and multilevel system of elements which in an aggregate make the autonomous sphere of human life. Legal reality consists of elements among which are the following: 1) theory of law, idea of law; 2) legal norms and laws; 3) legal experience and public practice. Essence of legal reality as a scientific category appears through the prism of human consciousness, its reflection in law. Thus legal reality must be perceived not only as a subjective comprehension of right, but as such sphere of legal life, the active participant is a subject of legal relationships. The legal reality is the special form of public life; it is an ideal category and combines the objective and subjective aspects of legal life and indissolubly related to consciousness, sensuality, practice; carries out influence on the participants of public relations; closely related to the cultural, economic and political factors which exist in society; engulfs all circle of the legal phenomena (phenomena) as fundamental so derivatives from them, as negative so positive; provides the process of formation of right, his interpretation and application; represents the general dynamics of society legal life; it is an index valued-spiritual and standard of culture of development of society. It is possible to define legal reality as difficult multidimensional phenomenon of ideal reality, which shows by itself harmonic unity of internal (subjective) and external (objective) aspects of legal life and consists of fundamental legal essences, derivatives from them the legal phenomena objectively exist in the field of legal matter and carry out influence on the participants of public relations

Islam dalam Masyarakat Kosmopolit: Relevankah Syariat Islam Aceh untuk Masyarakat Modern?

This article analyzes the relevance of Islamic lawimplemented in Aceh since 1999 towards a cosmopolitan societydevelopments. The study is based on the assumption that portraitsIslam as a religion that accommodates the development ofterrorism. This assumption is further strengthened by the numberof Islamic radical groups that are involved various acts of terror,both in Indonesia and other places around the world. Therefore,the term “enforcement of Islamic sharia” becoming a phrase thatraises concerns of many parties and considered as a part ofopening a space for the development of Islamic radicalism.Question will be answered is in what extent Islamic law in Acehrelevant to the cosmopolitan modern society. This question willbe answered by searching the relevant references, criticizing, andinterpreting them. Thus, the author discovered that theimplementation of Islamic law in Aceh does not directly providespace on the birth of Islamic radicalism that could bring upterrorism, but more to the Islamic reduction in normative level,dealing with private issues, and had no social vision. In a largercontext, this kind of implementation of Islamic law will be a badmirror of the Islamic law reality as a whole

Dicta

This is the third year of Dicta, the law school\u27s literary journal and a child of the vision of two 1996 graduates, Miles Yanick and Matt Morris. We hope that this creative forum will continue to grow and to flourish, enriching the law school community by offering a spectrum of poetry, fiction, essays, photography, and artwork. The editors faced a difficult task again this year as we again received more material than we could publish. We continued the policy of considering all submissions anonymously. This final product reflects the often conflicting views of the editors who tried to select a variety of compelling pieces for the Spring 1997 issue. We extend our thanks to the many people who have helped Dicta to become a reality. Thanks to the Law School Student Senate, who have pledged another year of financial support to this journal. Thanks also to the community who has given its creative work, its enthusiasm, and its compliments since the first year of this project. Thanks to those editors who have pledged to continue Dicta another year. Finally, thanks to the people from the classes of 1995 and 1996 who first made this journal a reality. We invite each member of the law school community to become involved with Dicta. Please consider contributing your time and your energy to keep this journal vital and to maintain a forum for the creativity of the University of Michigan Law School\u27s students, faculty and staff. In the words of Miles Yanick and Matt Morris, don\u27t let a good thing die. Enjoy

Educational rights for learners with vision impairment in UAE higher education institutions: Addressing the gap between Federal Law No. (29), 2006, and the reality of practice

© The Author(s) 2016. This study explored the relationship between Federal Law No. (29), 2006, of the United Arab Emirates (UAE), concerning the rights of persons with disabilities and the reality of practice for learners with vision impairment (LWVI) in the higher education institutions in that country. The study investigated the extent to which this law meets the educational needs of tertiary LWVI and the effects of this law on the quality of support services provided to such learners. Three groups totalling 34 participants took part in this study: LWVI, support staff working at some universities, and administrators from the country’s Ministries of Education and Higher Education. Qualitative methods were implemented to collect and analyse data for this research. Interviews, observations, and documentary evidence were used to conduct the study. Data for this study were gathered during the academic years 2010-2011 and 2012-2013. Moreover, the author used her own perspective as a person with vision impairment who studied and worked at different educational institutions in the UAE to provide an insight into the data analysis. Results of the study can assist decision-makers at the Ministry of Social Affairs in the UAE to review and develop the articles relating to this area of education policy set down in Federal Law No. (29), 2006, in such a way as to meet the educational needs of such learners. It can also assist universities in the country in providing better access to higher education for learners with visual impairment