Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in ... more Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in the region’s perceived “otherness.” Such pervasive regional stereotypes can be traced back at least to the nineteenth-century literature of William Wallace Harney’s “A Strange Land and a Peculiar People” and the novels of John Fox Jr. However, these problematic stereotypes — which collectively create an essentialized “myth of Appalachia” — are not based on fact. Considered scholarship on Appalachia has demonstrated that the myth of Appalachian “otherness” is not only frequently false but also profoundly and multidimensionally detrimental to the region. The Appalachian myth has been wielded by powerful capital interests (e.g., fossil fuel industries) and captured governing elites to facilitate the systemic political and economic marginalization of the Appalachian citizenry and the exploitation of the region’s natural resources. In this Article, Professors Stump and Lofaso contend that de-...
The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are oft... more The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are often fascinated with that subject, practicing lawyers rarely if ever ask themselves that question. Rather, they ask – what law is applicable to my client’s situation and how can I spin that law to my client’s favor. Legal positivists, as legal philosophers, come close to examining the question, what is law, in the way a practitioner might ask, what is the law. The main difference, however, is that the legal positivist would generalize the question and then tell the practitioner to search for the proper sources of law. Justice Antonin Scalia was a caricature of legal positivism. For him, the law was a closed set comprised primarily of constitutional or legislative text, judicial interpretation of that text, and logical application of that text to disputes. Beyond those sources, Scalia appeared increasingly skeptical, giving legislative history and even agency interpretation of statutory tex...
Introduction ....................................................................................... more Introduction .................................................................................................. 50 I. Deflategate................................................................................................. 52 A. The Scandal: The Patriots’ 2015 AFC Championship Victory Is Tainted by Quarterback Tom Brady’s Use of Underinflated Balls During that Game ............................................................... 52 B. Investigation of the Complaint .................................................... 53 1. The Pash/Wells Investigation: The NFL Hires Outside Counsel To Investigate; Counsel Concludes that Patriots Equipment Officials Tampered with Game Balls and that Brady Was Generally Aware of the Ball Tampering Scheme ................................................................................. 53 2. Remedy: NFL Commissioner Roger Goodell Appoints Executive Vice President Troy Vincent to Determine Disciplinary Action Based on the Wells Report ..................
In this article, I examine the connection between the exploitation of college football players an... more In this article, I examine the connection between the exploitation of college football players and the persistence of the student-athlete myth. The argument that exploitation is enabled by this myth is presented in five parts. First, I briefly define the concept of exploitation, distinguish between two types of exploitation (transactional and structural), and posit that, while there may be some transactional exploitation in dealings between college football players and their schools, this situation poses the problems associated with structural exploitation. Second, I describe an important part of the sociological context in which this story is unfolding; that these young athletes are groomed for exploitation as high school students and then further exploited as college athletes. To that end, I briefly review six aspects of that exploitation: (1) the sport is brutal; (2) there is a low financial payoff for a sport so high in health and safety risks; (3) college football has been comm...
Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in ... more Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in the region’s perceived “otherness.” Such pervasive regional stereotypes can be traced back at least to the nineteenth-century literature of William Wallace Harney’s “A Strange Land and a Peculiar People” and the novels of John Fox Jr. However, these problematic stereotypes — which collectively create an essentialized “myth of Appalachia” — are not based on fact. Considered scholarship on Appalachia has demonstrated that the myth of Appalachian “otherness” is not only frequently false but also profoundly and multidimensionally detrimental to the region. The Appalachian myth has been wielded by powerful capital interests (e.g., fossil fuel industries) and captured governing elites to facilitate the systemic political and economic marginalization of the Appalachian citizenry and the exploitation of the region’s natural resources. In this Article, Professors Stump and Lofaso contend that de-...
We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in thi... more We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in this together;” the other summed up by then-presidential candidate Trump, “I alone can fix it.” These world views have implications for workers and how the future workplace is ordered. In this Article, I explore the idea that a natural human rights approach to workplace regulations will tend to favor the we’reall-in-this-together view, whereas the Lochnerian or neoliberal view tends to favor an individualistic world view. The Article’s six-step analytical approach starts with a historical analysis of labor law jurisprudence, concluding that U.S. labor laws must be filtered through a law-and-economic lens of U.S.-styled capitalism to predict the outcomes of legal disputes and to expose human rights infirmities inherent to that approach. In step two, I explore T.H. Marshall’s account of citizenship, concluding that Marshall’s rights-based rubric is too limited to fully explain workers’ rights...
The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are oft... more The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are often fascinated with that subject, practicing lawyers rarely if ever ask themselves that question. Rather, they ask – what law is applicable to my client’s situation and how can I spin that law to my client’s favor. Legal positivists, as legal philosophers, come close to examining the question, what is law, in the way a practitioner might ask, what is the law. The main difference, however, is that the legal positivist would generalize the question and then tell the practitioner to search for the proper sources of law. Justice Antonin Scalia was a caricature of legal positivism. For him, the law was a closed set comprised primarily of constitutional or legislative text, judicial interpretation of that text, and logical application of that text to disputes. Beyond those sources, Scalia appeared increasingly skeptical, giving legislative history and even agency interpretation of statutory tex...
Introduction ....................................................................................... more Introduction .................................................................................................. 50 I. Deflategate................................................................................................. 52 A. The Scandal: The Patriots’ 2015 AFC Championship Victory Is Tainted by Quarterback Tom Brady’s Use of Underinflated Balls During that Game ............................................................... 52 B. Investigation of the Complaint .................................................... 53 1. The Pash/Wells Investigation: The NFL Hires Outside Counsel To Investigate; Counsel Concludes that Patriots Equipment Officials Tampered with Game Balls and that Brady Was Generally Aware of the Ball Tampering Scheme ................................................................................. 53 2. Remedy: NFL Commissioner Roger Goodell Appoints Executive Vice President Troy Vincent to Determine Disciplinary Action Based on the Wells Report ..................
In this article, I examine the connection between the exploitation of college football players an... more In this article, I examine the connection between the exploitation of college football players and the persistence of the student-athlete myth. The argument that exploitation is enabled by this myth is presented in five parts. First, I briefly define the concept of exploitation, distinguish between two types of exploitation (transactional and structural), and posit that, while there may be some transactional exploitation in dealings between college football players and their schools, this situation poses the problems associated with structural exploitation. Second, I describe an important part of the sociological context in which this story is unfolding; that these young athletes are groomed for exploitation as high school students and then further exploited as college athletes. To that end, I briefly review six aspects of that exploitation: (1) the sport is brutal; (2) there is a low financial payoff for a sport so high in health and safety risks; (3) college football has been comm...
Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in ... more Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in the region’s perceived “otherness.” Such pervasive regional stereotypes can be traced back at least to the nineteenth-century literature of William Wallace Harney’s “A Strange Land and a Peculiar People” and the novels of John Fox Jr. However, these problematic stereotypes — which collectively create an essentialized “myth of Appalachia” — are not based on fact. Considered scholarship on Appalachia has demonstrated that the myth of Appalachian “otherness” is not only frequently false but also profoundly and multidimensionally detrimental to the region. The Appalachian myth has been wielded by powerful capital interests (e.g., fossil fuel industries) and captured governing elites to facilitate the systemic political and economic marginalization of the Appalachian citizenry and the exploitation of the region’s natural resources. In this Article, Professors Stump and Lofaso contend that de-...
The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are oft... more The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are often fascinated with that subject, practicing lawyers rarely if ever ask themselves that question. Rather, they ask – what law is applicable to my client’s situation and how can I spin that law to my client’s favor. Legal positivists, as legal philosophers, come close to examining the question, what is law, in the way a practitioner might ask, what is the law. The main difference, however, is that the legal positivist would generalize the question and then tell the practitioner to search for the proper sources of law. Justice Antonin Scalia was a caricature of legal positivism. For him, the law was a closed set comprised primarily of constitutional or legislative text, judicial interpretation of that text, and logical application of that text to disputes. Beyond those sources, Scalia appeared increasingly skeptical, giving legislative history and even agency interpretation of statutory tex...
Introduction ....................................................................................... more Introduction .................................................................................................. 50 I. Deflategate................................................................................................. 52 A. The Scandal: The Patriots’ 2015 AFC Championship Victory Is Tainted by Quarterback Tom Brady’s Use of Underinflated Balls During that Game ............................................................... 52 B. Investigation of the Complaint .................................................... 53 1. The Pash/Wells Investigation: The NFL Hires Outside Counsel To Investigate; Counsel Concludes that Patriots Equipment Officials Tampered with Game Balls and that Brady Was Generally Aware of the Ball Tampering Scheme ................................................................................. 53 2. Remedy: NFL Commissioner Roger Goodell Appoints Executive Vice President Troy Vincent to Determine Disciplinary Action Based on the Wells Report ..................
In this article, I examine the connection between the exploitation of college football players an... more In this article, I examine the connection between the exploitation of college football players and the persistence of the student-athlete myth. The argument that exploitation is enabled by this myth is presented in five parts. First, I briefly define the concept of exploitation, distinguish between two types of exploitation (transactional and structural), and posit that, while there may be some transactional exploitation in dealings between college football players and their schools, this situation poses the problems associated with structural exploitation. Second, I describe an important part of the sociological context in which this story is unfolding; that these young athletes are groomed for exploitation as high school students and then further exploited as college athletes. To that end, I briefly review six aspects of that exploitation: (1) the sport is brutal; (2) there is a low financial payoff for a sport so high in health and safety risks; (3) college football has been comm...
Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in ... more Appalachia has long been beset by insidious social, cultural, and economic stereotypes rooted in the region’s perceived “otherness.” Such pervasive regional stereotypes can be traced back at least to the nineteenth-century literature of William Wallace Harney’s “A Strange Land and a Peculiar People” and the novels of John Fox Jr. However, these problematic stereotypes — which collectively create an essentialized “myth of Appalachia” — are not based on fact. Considered scholarship on Appalachia has demonstrated that the myth of Appalachian “otherness” is not only frequently false but also profoundly and multidimensionally detrimental to the region. The Appalachian myth has been wielded by powerful capital interests (e.g., fossil fuel industries) and captured governing elites to facilitate the systemic political and economic marginalization of the Appalachian citizenry and the exploitation of the region’s natural resources. In this Article, Professors Stump and Lofaso contend that de-...
We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in thi... more We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in this together;” the other summed up by then-presidential candidate Trump, “I alone can fix it.” These world views have implications for workers and how the future workplace is ordered. In this Article, I explore the idea that a natural human rights approach to workplace regulations will tend to favor the we’reall-in-this-together view, whereas the Lochnerian or neoliberal view tends to favor an individualistic world view. The Article’s six-step analytical approach starts with a historical analysis of labor law jurisprudence, concluding that U.S. labor laws must be filtered through a law-and-economic lens of U.S.-styled capitalism to predict the outcomes of legal disputes and to expose human rights infirmities inherent to that approach. In step two, I explore T.H. Marshall’s account of citizenship, concluding that Marshall’s rights-based rubric is too limited to fully explain workers’ rights...
The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are oft... more The query – What is law? – is jurisprudence’s foundational inquiry. While legal academics are often fascinated with that subject, practicing lawyers rarely if ever ask themselves that question. Rather, they ask – what law is applicable to my client’s situation and how can I spin that law to my client’s favor. Legal positivists, as legal philosophers, come close to examining the question, what is law, in the way a practitioner might ask, what is the law. The main difference, however, is that the legal positivist would generalize the question and then tell the practitioner to search for the proper sources of law. Justice Antonin Scalia was a caricature of legal positivism. For him, the law was a closed set comprised primarily of constitutional or legislative text, judicial interpretation of that text, and logical application of that text to disputes. Beyond those sources, Scalia appeared increasingly skeptical, giving legislative history and even agency interpretation of statutory tex...
Introduction ....................................................................................... more Introduction .................................................................................................. 50 I. Deflategate................................................................................................. 52 A. The Scandal: The Patriots’ 2015 AFC Championship Victory Is Tainted by Quarterback Tom Brady’s Use of Underinflated Balls During that Game ............................................................... 52 B. Investigation of the Complaint .................................................... 53 1. The Pash/Wells Investigation: The NFL Hires Outside Counsel To Investigate; Counsel Concludes that Patriots Equipment Officials Tampered with Game Balls and that Brady Was Generally Aware of the Ball Tampering Scheme ................................................................................. 53 2. Remedy: NFL Commissioner Roger Goodell Appoints Executive Vice President Troy Vincent to Determine Disciplinary Action Based on the Wells Report ..................
In this article, I examine the connection between the exploitation of college football players an... more In this article, I examine the connection between the exploitation of college football players and the persistence of the student-athlete myth. The argument that exploitation is enabled by this myth is presented in five parts. First, I briefly define the concept of exploitation, distinguish between two types of exploitation (transactional and structural), and posit that, while there may be some transactional exploitation in dealings between college football players and their schools, this situation poses the problems associated with structural exploitation. Second, I describe an important part of the sociological context in which this story is unfolding; that these young athletes are groomed for exploitation as high school students and then further exploited as college athletes. To that end, I briefly review six aspects of that exploitation: (1) the sport is brutal; (2) there is a low financial payoff for a sport so high in health and safety risks; (3) college football has been comm...
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