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The Rise And Fall Of Section 502b, John Ramming Chappell
The Rise And Fall Of Section 502b, John Ramming Chappell
Northwestern Journal of Human Rights
The first major foreign policy legislation of the human rights revolution of the 1970s,1 Section 502B of the Foreign Assistance Act (FAA) is a latent oversight tool that Congress could use to promote human rights in U.S. security assistance. Section 502B may be the most potent provision of law regarding human rights and security assistance that has never been used. The provision prohibits U.S. security assistance to governments that engage in a consistent pattern of gross violations of human rights, requires the State Department to report on human rights issues, and provides Congress with a mechanism to enforce the statute’s …
Policy Considerations And Implications In United States V. Bryant, Jessica Larsen
Policy Considerations And Implications In United States V. Bryant, Jessica Larsen
Northwestern Journal of Law & Social Policy
No abstract provided.
Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler
Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler
Northwestern Journal of Law & Social Policy
No abstract provided.
A Mother Of A Problem: How The Language Of Inequality Affects Maternity Leave Policies And Women In Law Firms, Hannah Arenstam
A Mother Of A Problem: How The Language Of Inequality Affects Maternity Leave Policies And Women In Law Firms, Hannah Arenstam
Northwestern Journal of Law & Social Policy
No abstract provided.
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
Northwestern Journal of Law & Social Policy
This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Northwestern Journal of Law & Social Policy
This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Northwestern Journal of Law & Social Policy
No abstract provided.
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
Northwestern Journal of Law & Social Policy
This Comment will first examine the history and current state of laws regulating water use in the United States, and the commercial uses that are the target of the proposed Water Excise Tax. The next step will be to discuss the tax itself from several perspectives: First, its constitutionality, structure, and application in the framework of existing water law; second, its advantages and disadvantages based on its regulatory nature and scope; and finally, the normative benefits of indirect regulation. The theses underlying all of these sections are that public drinking water will become scarce in the very near future, that …
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Northwestern Journal of Law & Social Policy
As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King
Northwestern Journal of Law & Social Policy
This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Northwestern Journal of Law & Social Policy
This is a brief introduction to the symposium issue. The goal of this symposium issue is to decrease the significant knowledge gaps about the actual educational attainment of undocumented children after the Court's decision in . The research presented in this issue suggest that while children are integrated into public schools, changes in the law and social policies are needed in order to fulfill s promise to ensure the ability of innocent children to have the opportunity to contribute to American society.
Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins
Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins
Northwestern Journal of Law & Social Policy
This article examines the Chicago Brownfields Initiative and its effect on the communities in which brownfield redevelopment has already occurred. After examining the many federal, state, and local brownfields programs, it critically examines both the successes and concerns of the Chicago Brownfields Initiative. The successes include job creation and retention, residential redevelopment, improvements to quality of life, services and amenities provided, encouragement of additional investment, increased tax revenues for local governments, and increased environmental health and safety. The concerns include whether the jobs generated benefit the members of the brownfield communities, whether the new services and improvements benefit members of …
Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin
Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin
Northwestern Journal of Law & Social Policy
No abstract provided.
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
Northwestern Journal of International Law & Business
This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …