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Articles 1 - 30 of 2629
Full-Text Articles in Entire DC Network
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
David C. Brown
Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …
Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall
Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building Special Issue: Rule Of Law Reform In Iraq And Afghanistan, Charles E. Tucker Jr.
Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building Special Issue: Rule Of Law Reform In Iraq And Afghanistan, Charles E. Tucker Jr.
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman
When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Gender, Maternity Leave, And Home Financing: A Critical Analysis Of Mortgage Lending Discrimination Against Pregnant Women , Maureen R. St. Cyr
Gender, Maternity Leave, And Home Financing: A Critical Analysis Of Mortgage Lending Discrimination Against Pregnant Women , Maureen R. St. Cyr
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr.
Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr.
University of Pennsylvania Journal of International Law
No abstract provided.
All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson
All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson
City University of New York Law Review
No abstract provided.
Barriers To Women's Access To Justice In Haiti, Meena Jagannath
Barriers To Women's Access To Justice In Haiti, Meena Jagannath
City University of New York Law Review
While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview of the …
Graham, Miller, & The Right To Hope, J. M. Kirby
Graham, Miller, & The Right To Hope, J. M. Kirby
City University of New York Law Review
No abstract provided.
Book Review: Sports Justice: The Law And Business Of Sports, Elise M. Harris
Book Review: Sports Justice: The Law And Business Of Sports, Elise M. Harris
Marquette Sports Law Review
None
We Reap What We Sow: Using Post-Disaster Development Paradigms To Reverse Structural Determinist Frameworks And Empower Small Farmers In Mississippi And Haiti , Michéle Alexandre
We Reap What We Sow: Using Post-Disaster Development Paradigms To Reverse Structural Determinist Frameworks And Empower Small Farmers In Mississippi And Haiti , Michéle Alexandre
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
State And Non-State Justice Systems In Afghanistan: The Need For Synergy Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Ali Wardak
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Authority Of Race In Legal Decisions: The District Court Of Opinions Of Brown V. Board Of Education, The, Erica Frankenberg
Authority Of Race In Legal Decisions: The District Court Of Opinions Of Brown V. Board Of Education, The, Erica Frankenberg
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
State And Non-State Justice Systems In Afghanistan: The Need For Synergy, Ali Wardak
State And Non-State Justice Systems In Afghanistan: The Need For Synergy, Ali Wardak
University of Pennsylvania Journal of International Law
No abstract provided.
Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman
Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman
Nevada Supreme Court Summaries
The Court considered the State’s petition for a writ of mandamus challenging the district court’s exclusion of blood alcohol test results obtained by retrograde extrapolation from the prosecution of defendant for driving under the influence.
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
NULR Online
No abstract provided.
More Heat Than Light: A Critical Assessment Of The Gay Parenting Literature, 1995--2010, Douglas W. Allen Professor
More Heat Than Light: A Critical Assessment Of The Gay Parenting Literature, 1995--2010, Douglas W. Allen Professor
Douglas W Allen Professor
Since 1995 there have been fifty-two studies of gay parenting which include some type of child outcome measure. The vast majority of these studies conclude that children raised by gay parents perform as well, if not better, than their counterparts in heterosexual families. This conclusion, which may or may not be true, is not scientifically warranted due to the limitations of the studies These include: some results are misreported; the entire literature is exploratory in nature and made up of small qualitative samples, biased data, and other research design failures; the studies concentrate almost exclusively on lesbian families; and outcome …
Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez
Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez
Fred T. Korematsu Center for Law and Equality
Civil Rights Amicus Brief Project
A Commentary On The Committee On The Rights Of The Child's Definition Of Non-Refoulement For Children: Broad Protection For Fundamental Rights, Alice Farmer
Res Gestae
No abstract provided.
Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh
Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh
Ehsan Zarrokh
As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
Claudio Bozzi Dr
With the publication of Faktizitat und Geltung Jurgen Habermas sought to extend his normative critical arguments to jurisprudence. In this work he argues that the law can mediate and coordinate valid social integration in complex modern societies because it is capable of receiving normative inputs from the public sphere, which are then translated into the administrative system. Throughout his extensive writings, Habermas has referred to a principle of the universalisation of the valid norm. Its role in pluralist societies is therefore not to offer a substantial value, but to guide in the character of a regulative idea. This idea would …
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
Claudio Bozzi Dr
This paper argues that Habermas’s principle of universalisation, which is posited not as a substantive value but a regulative idea which mediates impartially amongst a plurality of goods, fails to maintain the impartiality of the discourse. Rather, positive assumptions about goods are unavoidable entailments of a situated and historical norm. The laws’ coordinating role achieved by translating the normative inputs it receives from the public sphere and applying them to administrative purpose must be understood not as a universal consensus but in deliberative terms whereby the mediation of particular audiences is considered an element of rationality. But normativity cannot simply …
Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey
Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey
Publications
Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."
Having individually and together fought their way to the top of their …
Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby
Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby
Master's Theses
The United States has always been a nation of immigrants, in which the idea of “citizenship” has had very strong intrinsic values, and has divided those who “have it” from those who “don’t,” since the first legal construction of such categories in 1790. Longstanding contradictions, characterized by ceremonies awarding citizenship to some and laws of exclusion, deportation, and forced removal for others, have embodied U.S. approaches to citizenship, and created a dichotomy between “citizen” and “alien.” This Master's Thesis will initiate a discussion and reformulation of what it means to be a citizen in the United States, and more importantly …
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Gregory A. Kalscheur, S.J.
What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …
Missouri's Innocent Citizens: An Examination Of Missouri's Response To Domestic Violence Incidents Against Children And Teens, Keith P. Freie
Missouri's Innocent Citizens: An Examination Of Missouri's Response To Domestic Violence Incidents Against Children And Teens, Keith P. Freie
Keith P Freie
In 2010 the Missouri Attorney’s General’s Office created a Domestic Violence Task Force for the purpose of analyzing Missouri’s Domestic Violence laws. In 2011, the Missouri General Assembly enacted Senate Bill 320 which included several changes to Missouri’s domestic violence laws stemming from several recommendations from the Attorney General’s Task Force. While Missouri’s 2011 domestic violence law is a comprehensive solution to the many unaddressed needs of child and teen domestic violence victims, additional solutions need to be considered to fully address the problem. Those solutions may include creating special domestic violence and child abuse courts and creating educational programs …
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad
Winston P Nagan
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
Marley S. Weiss
No abstract provided.
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
Winston P Nagan
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …