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Articles 1 - 30 of 258
Full-Text Articles in Law
Marital History And Retirement Security: An Empirical Analysis Of The Work, Family, And Gender Relationship, Lauren A. Martin Palmer
Marital History And Retirement Security: An Empirical Analysis Of The Work, Family, And Gender Relationship, Lauren A. Martin Palmer
Graduate Doctoral Dissertations
This dissertation investigates the relationship between marital history and individuals’ retirement resources, namely Social Security, employer-sponsored pensions, and non-housing wealth. Prior research provides a foundation for understanding marriage’s positive relationship to retirement security, and suggests that marriage is financially beneficial and can even lessen some external factors that would otherwise damage a family’s financial situation. Yet changing demographics, with fewer people in first marriages and rising numbers of individuals experiencing divorce and choosing to remain unmarried, suggest our understanding of this relationship for today’s retirees may be limited. The purpose of this research is to identify which aspects of complex …
Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin
Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin
Publications and Research
Resumen:
Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …
Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha
Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha
Environmental Studies Faculty Publications
A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño
Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño
Master's Theses
In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.
This …
How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson
How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Barry A Krisberg
No abstract provided.
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky
David A Sklansky
No abstract provided.
The Criminal Law And The Luck Of The Draw, Sanford Kadish
The Criminal Law And The Luck Of The Draw, Sanford Kadish
Sanford Kadish
No abstract provided.
Reckless Complicity, Sanford Kadish
On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen
On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen
Robert Kagan
No abstract provided.
Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan
Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan
Norman Poythress
No abstract provided.
Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston
ThinkWork! Publications
The following report represents an expansion of the data collection activities mandated by a 2012 Administration of Intellectual and Developmental Disabilities (AIDD) Funding Opportunity Announcement (FOA). Prior to 2012, the AIDD funded data projects, Access to Integrated Employment, Family and Individual Information Systems project (FISP), Residential Information Systems Project (RISP) and the State of the States in Developmental Disabilities only collected data from the 50 states and the District of Columbia. The 2012 FOA requested that three of the AIDD data projects work together to include the five U.S. Territories (American Samoa and the Commonwealth of the Northern Marianas Islands, …
Torch (December 2015), Brandon Baldwin, Civil Rights Team Project
Torch (December 2015), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry
Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry
Brigham Young University Journal of Public Law
No abstract provided.
Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell
Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell
Master's Projects and Capstones
The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark
BYU Law Review
The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes …
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
BYU Law Review
No abstract provided.
Personal Responsibility For Systemic Inequality, Martha T. Mccluskey
Personal Responsibility For Systemic Inequality, Martha T. Mccluskey
Contributions to Books
Published as Chapter 15 in Research Handbook on Political Economy and Law, Ugo Mattei & John D. Haskell, eds.
Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in …
We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf
We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf
Department of Justice Studies Faculty Scholarship and Creative Works
In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …
Wars Remembered (2003), Shaun O’Connell
Wars Remembered (2003), Shaun O’Connell
New England Journal of Public Policy
O'Connell speaks about his father, among other war veterans, dealing with the effects of the wars they fought in. He explains his father's history from how he enilisted to how he died. He also touches upon other's war experiences and writing about the after effects of them as well.
Reprinted from New England Journal of Public Policy 19, no. 1 (2003), article 3.
The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay
The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay
Matthew Raj
Awareness and recognition of domestic violence in Australia is increasing. In 2014, the Victorian Government appointed Fiona Richardson as the first Minister for the Prevention of Family Violence and Australian domestic violence campaigner Rosie Batty, whose 11-year-old son Luke was killed by her husband, was named 2015 Australian of the Year. Also, a Special Taskforce chaired by Former Governor-General Quentin Bryce has been formed to conduct an extensive review of domestic violence in Queensland and legislative reforms have been implemented that adopt a broader concept and definition of domestic violence which include psychological harm. Despite these developments, the ability of …
Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines
Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines
Terence Lau
In this article, we examine the issues that bring First Amendment jurisprudence to the grant of certiorari in Pleasant Grove v. Summum, scheduled for oral argument in the Supreme Court of the United States in November. We examine the historical basis for America’s religious heritage, the historical judicial treatment of the religious clauses, and the erosion of the wall of separation between church and state. We examine the Ten Commandments, finding inherent discrimination present in modern-day attempts to advance a particular version of the Ten Commandments as secular. By drawing upon Rousseau’s civic religion, we suggest alternative routes for the …
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
Yuvraj Joshi
In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …
How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew
How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew
BYU Law Review
No abstract provided.
Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg
Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg
Journal of Civil Rights and Economic Development
No abstract provided.
Factors Influencing The Choice Of A Safe Haven For Offloading Illegally Caught Fish: A Comparative Analysis Of Developed And Developing Economies, Nerea Marteache, Julie S. Viollaz, Gohar A. Petrossian
Factors Influencing The Choice Of A Safe Haven For Offloading Illegally Caught Fish: A Comparative Analysis Of Developed And Developing Economies, Nerea Marteache, Julie S. Viollaz, Gohar A. Petrossian
Publications and Research
Using data from 72 countries, this study focuses on factors that affect illegal, unreported, and unregulated (IUU) fishing vessels’ choice of country to offload their catch, with a specific emphasis on the differences between developed and developing economies. The concept of choice-structuring properties is applied to analyze whether the following factors influence the selection of a country: concealability of vessels and illegally caught fish; convenience of the ports; strength of fisheries monitoring, control, and surveillance measures; effectiveness of country governance; and commitment to wildlife protection regulations. Results indicate that, rather than a country’s level of development, situational factors play a …
The Liberal As An Enemy Of Queer Justice, Craig Schamel
The Liberal As An Enemy Of Queer Justice, Craig Schamel
Catalyst: A Social Justice Forum
Abstract
Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …
Jennifer Reis, Robert Sammons
Kim Davis Part 1, Robert Sammons
Kim Davis Part 1, Robert Sammons
Audio & Video History Collection
No abstract provided.