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Articles 1 - 30 of 2461
Full-Text Articles in Entire DC Network
Learning Law In Elementary And High School: Innovating Civics Education For A More Empowered Citizenry, Ariel Liberman, Michael Broyde
Learning Law In Elementary And High School: Innovating Civics Education For A More Empowered Citizenry, Ariel Liberman, Michael Broyde
Northwestern Journal of Law & Social Policy
A principal objective of the public school system in a democracy is to promote societal cohesion by way of preparing students for civic engagement. There exists a founding belief that a democratic nation ought to be composed of educated activists, run by innovators, and kept in check by involved citizens. For, indisputably, the democratic experiment—our values, our institutions—can only be upheld anew with each generation on the backs of critique, reinvention, and reinvigoration. But, as so many have mentioned when discussing the civics education paradigm, the increase in educational opportunities and the marked expansion of our school system has not …
Through The Looking Glass: Professional Responsibility, The Public Interest, And The Future Of Legal Ethics And Lawyer Regulation In The United States: Speech: Welcome And Opening Remarks, William C. Hubbard
South Carolina Law Review
No abstract provided.
Three Strategies For Improving Access To Civil Legal Assistance In South Carolina, Elizabeth Chambliss
Three Strategies For Improving Access To Civil Legal Assistance In South Carolina, Elizabeth Chambliss
South Carolina Law Review
No abstract provided.
Navigating Rough Waters: Empowering Law Students To Act As Navigators For The Unrepresented, Alicia M. Forehand
Navigating Rough Waters: Empowering Law Students To Act As Navigators For The Unrepresented, Alicia M. Forehand
South Carolina Law Review
No abstract provided.
Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence
Faculty Scholarship
This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts
Dickinson Law Review (2017-Present)
Title IX is a federal law prohibiting sex-based discrimination in any education program or activity that receives federal funding. Congress initially passed Title IX out of concern for sexbased equality in academia. However, Title IX has had significant impacts on athletics, resulting in increased athletic opportunities for females. To be Title IX compliant, institutions must provide equality in athletic participation for both sexes. The Office of Civil Rights provided a three-part test to measure equality in athletic participation. Institutions must satisfy at least one of the three prongs to meet Title IX requirements as they pertain to equality in athletic …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
The Collateral Effects Of Reproductive Restrictions: Dispensing Methotrexate Violates Arizona, Arkansas, Louisiana, And Missouri's Public Accommondation Laws, Kanta Mendon
American University Journal of Gender, Social Policy & the Law
In 2022, Annie England Noblin routinely went to her local pharmacy to pick up her prescription for Methotrexate, which she used to manage her rheumatoid arthritis. When Noblin attempted to pick up her medication in July 2022, the pharmacist informed her that Walgreens changed its policy regarding Methotrexate after the Supreme Court’s decision to overturn Roe v. Wade led to thirteen states enacting abortion trigger laws.
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
South Carolina Law Review
No abstract provided.
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Lawyers' Right Of Professional Self-Defense And Its Limits, Douglas R. Richmond
Lawyers' Right Of Professional Self-Defense And Its Limits, Douglas R. Richmond
South Carolina Law Review
No abstract provided.
A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan
A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan
Articles by Maurer Faculty
There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student.
Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled …
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
South Carolina Law Review
No abstract provided.
A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens
A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens
South Carolina Law Review
No abstract provided.
Governing The Global Public Square, Rebecca Hamilton
Governing The Global Public Square, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Social media platforms are the public square of our era-a reality that has been entrenched by the widespread closure of physical public spaces in response to the COVID-19 pandemic. This online space is global in nature, with over 3.6 billion users worldwide, but its governance does not fall solely to govern- ments. With the rise of social media, important decisions about what content does-and does not-stay online are made by private technology companies. Reflecting this reality, cutting-edge scholarship has converged on a triadic approach to understanding how the global public square operates-with states, users, and technology companies marking out three …
First Step Act Of 2018: How Its Statutory Interpretation Limits Criminal Justice Reform, Adriana E. Morquecho
First Step Act Of 2018: How Its Statutory Interpretation Limits Criminal Justice Reform, Adriana E. Morquecho
American University Journal of Gender, Social Policy & the Law
Introduction
Today, the United States incarcerates more people than any other country in the world. Nearly half a million people are incarcerated in federal and state prisons for drug offenses, up from just 41,000 in 1980. Mass incarceration has disproportionately affected communities of color, with the American Civil Liberties Union noting that one out of every three Black boys and one out of every six Latino boys born today can expect to be imprisoned, compared to one out of every seventeen white boys. Notably, the 1980s marked the beginning of the War on Drugs, which led to a spike in …
Detention Of At-Risk Individuals During Covid-19: Humanitarian Parole And The Eighth Amendment, Kaylette Clark
Detention Of At-Risk Individuals During Covid-19: Humanitarian Parole And The Eighth Amendment, Kaylette Clark
American University Journal of Gender, Social Policy & the Law
I. Introduction
Manuel Amaya Portillo is a 23-year-old asylum seeker from Honduras who is detained at LaSalle Detention Center in Louisiana. Amaya Portillo has neurological issues, heart issues, and a physical deformity. While detained, Amaya Portillo has not received the accommodations he needs, such as a wheelchair and accessible housing. On January 8, 2020, the American Civil Liberties Union (ACLU) wrote a letter to Immigration and Customs Enforcement (ICE) requesting that Amaya Portillo’s request for humanitarian parole be granted in light of his disabilities. Even with access to a wheelchair, Amaya Portillo will continue to face challenges while detained, including …
Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena
Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena
South Carolina Law Review
No abstract provided.
Fraud Law And Misinfodemics, Wes Henricksen
National Security Decision-Making In The Age Of Technology: Delivering Outcomes On Time And On Target, Gary Corn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole
A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole
South Carolina Law Review
No abstract provided.
Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro
Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro
American University Journal of Gender, Social Policy & the Law
Introduction.
On June 16, 2015, President Trump announced his 2016 presidential campaign and claimed that Mexicans are criminals who “[h]ave lots of problems . . . they’re bringing drugs. They’re bringing crime. They’re rapists . . . It’s coming from all over . . . Latin America.” President Trump has publicly expressed his hostility towards immigrants by calling them “animals” and blaming them for drugs and gangs in the United States. While in office, President Trump tweeted that immigrants were invading the United States and suggested that “we must immediately, with no Judges or Court Cases, bring them back from …
The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny
The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny
American University Journal of Gender, Social Policy & the Law
Introduction.
The #MeToo movement is one of the most far-reaching social media movements in history and its impact can still be felt years later. As the hashtag in the name suggests, the #MeToo movement gained the bulk of its momentum on Twitter but the movement’s actual origins began on MySpace in 2006. Tarana Burke, a long-time activist, founded the nonprofit organization Just Be Inc., which serves survivors of sexual assault and harassment. Burke came up with the concept of “me too” in 1997 when she was counseling a 13-year-old survivor of sexual abuse at a youth camp. Burke states that …
See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross
Faculty Scholarship
No abstract provided.
As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood
As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Raising The Bar On Accessibility: How The Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss
Raising The Bar On Accessibility: How The Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss
American University Journal of Gender, Social Policy & the Law
Introduction
Think about the steps it takes to get from law school admission through passing the Bar exam. Not only do you have to graduate with your college degree, but you have to take the Law School Admissions Test (LSAT); enroll in law school; potentially take out student loans; do plenty of reading; pass all of your classes; survive a few internships; participate in clinics, practicums and activities; obtain the juris doctor degree; study for weeks and months on end to take the bar exam; and hope for good news to begin your journey as an attorney. While it sounds …
Of Wigs, Wickets, And Moonshine: Leadership Development Lessons From An International Collaboration, Douglas A. Blaze
Of Wigs, Wickets, And Moonshine: Leadership Development Lessons From An International Collaboration, Douglas A. Blaze
Scholarly Works
No abstract provided.
Equality Is A Brokered Idea, Robert Tsai
Equality Is A Brokered Idea, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman
Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.