Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (30)
- Constitutional Law (8)
- Civil Rights and Discrimination (7)
- Human Rights Law (6)
- Law and Politics (6)
-
- Legal History (6)
- Social and Behavioral Sciences (6)
- Civil Law (5)
- Criminal Law (5)
- International Law (5)
- Judges (5)
- Jurisprudence (5)
- Legislation (5)
- Public Law and Legal Theory (5)
- Contracts (4)
- Courts (4)
- Criminal Procedure (4)
- Environmental Law (4)
- First Amendment (4)
- Administrative Law (3)
- Consumer Protection Law (3)
- Dispute Resolution and Arbitration (3)
- Economics (3)
- Fourteenth Amendment (3)
- Health Law and Policy (3)
- Internet Law (3)
- Law and Economics (3)
- Legal Ethics and Professional Responsibility (3)
- Legal Profession (3)
- Publication
-
- Thiago Luís Santos Sombra (3)
- Hezi Margalit (2)
- Mirit Eyal-Cohen (2)
- raphael cohen-almagor (2)
- Ana Maria Vargas Falla (1)
-
- Art Hinshaw (1)
- Benjamin Douglas (1)
- Benjamin W. Cramer (1)
- Charles E. A. Lincoln IV (1)
- David B Kopel (1)
- David D. Butler (1)
- David Pimentel (1)
- Giancarlo Francesco Frosio (1)
- Harvey L. Fiser (1)
- Jaimie K. McFarlin (1)
- Jayme M Reisler (1)
- Kelly Dineen (1)
- Laura R Ford (1)
- Lawrence J. Trautman Sr. (1)
- Matthew Roach (1)
- Meghan J. Ryan (1)
- Nehal A. Patel (1)
- Patrick A Maurer (1)
- Paul D. Callister (1)
- Richard Stith (1)
- Robert A. Garda (1)
- Robert Parrish (1)
- Roger Enriquez Sr. (1)
- Sara Mammarella (1)
- Sharon Bassan (1)
Articles 31 - 40 of 40
Full-Text Articles in Law
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Todd E. Pettys
In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point for empirical …
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler
Jayme M Reisler
The high rate of comorbid substance use disorder and other mental illness (“dual diagnosis”) poses an enormous obstacle to public policy and sentencing in criminal cases. It is estimated that almost half of all Federal, State, and jail inmates suffer from dual diagnosis – a significantly higher prevalence than in the general population. Yet such inmates lack access to proper and effective treatments for their conditions. Several etiological theories have been put forth to explain the occurrence of dual diagnosis in general. However, virtually no studies have explored possible etiological reasons for the higher prevalence of dual diagnosis specifically in …
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert A. Garda Jr.
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert A. Garda Jr.
Robert A. Garda
Hurricane Katrina leveled both the buildings and governance structure of the New Orleans school system. The system was transformed from one elected school board controlling nearly all the schools to a system of schools with sixty-three school districts operating within the city’s geographic boundaries that are run by forty-four independent school boards. There is not a more decentralized school governance structure in the United States. This article discusses how this new system of schools is attempting to achieve equal educational opportunities for its most vulnerable and at-risk student populations: the poor, minorities, students with disabilities, and English Language Learners.
For …
Analysis Of Freedom Of Information For Its Effect On Society, Considering The Arab Spring, Paul D. Callister, Kimberlee C. Everson
Analysis Of Freedom Of Information For Its Effect On Society, Considering The Arab Spring, Paul D. Callister, Kimberlee C. Everson
Paul D. Callister
2011, the year of the Arab Spring, presents a unique opportunity to look back and study how the relative freedom and development of information environments affect stability in nations throughout the Middle East and world. Such study raises interesting questions about whether freedom of information and speech are ultimately stabilizing influences for society in terms of loyalty, violence and political unrest—questions all the more important as societies face the onslaught of the internet, mobile devices and cell phones. Are non-democratic regimes “better off” by monopolizing and controlling the flow of information over new information channels? Are democratic societies, particularly developing …
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Susan S. Bendlin
ABSTRACT: By Susan S. Bendlin
An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of 18 and 24 are injured every year while under the influence of alcohol. Tales of intoxicated college students’ wild, disgusting, and often violent behavior have made the national news. Litigation over alcohol-related incidents on college campuses arises from various situations, including injuries that result from intoxicated students falling, injuries suffered during parties and hazing rituals involving alcohol, and injuries from other assaults that occur after alcohol has been consumed on campus.
At the outset, this Article …
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Meghan J. Ryan
An unprecedented number of Americans are currently behind bars. Our high rate of incarceration, and the high bills that it generates for American taxpayers, has led to a number of proposals for sentencing reform. For example, a bill recently introduced in Congress would roll back federal mandatory minimum sentences for certain drug offenders, and the Obama Administration has announced a plan to grant clemency to hundreds of non-violent drug offenders. Perhaps the most revolutionary proposal, though, is one advanced by the drafters of the Model Penal Code, namely that judges be given the power to resentence offenders who have been …
Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit
Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit
Hezi Margalit
The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in …
Addressing Prescription Opioid Abuse Concerns In Context: Synchronizing Policy Solutions To Multiple Public Health Problems, Kelly Dineen
Addressing Prescription Opioid Abuse Concerns In Context: Synchronizing Policy Solutions To Multiple Public Health Problems, Kelly Dineen
Kelly Dineen
No abstract provided.
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these “bogeymen” may be doing more harm than good. Advocates of “Free-Range” parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the State, usually acting through Child Protective Services (CPS), is likely to second-guess parents’ judgments …
The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel
The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel
David B Kopel
Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back as least as far as the reign of Alfred the Great in ninth century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. This Article presents the history and law of the posse comitatus and the office of sheriff …