Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Psychology (152)
- Human Rights Law (100)
- Legal Profession (97)
- Disability Law (88)
- International Law (86)
-
- Legal Education (84)
- Constitutional Law (79)
- Criminal Law (73)
- Law and Gender (62)
- Civil Rights and Discrimination (61)
- Banking and Finance Law (60)
- Jurisprudence (54)
- Law and Society (46)
- Communications Law (45)
- Intellectual Property Law (40)
- Supreme Court of the United States (40)
- First Amendment (39)
- Criminal Procedure (36)
- Science and Technology Law (34)
- Tax Law (34)
- Legal Ethics and Professional Responsibility (33)
- Antitrust and Trade Regulation (32)
- Health Law and Policy (31)
- Sexuality and the Law (30)
- Immigration Law (29)
- Property Law and Real Estate (29)
- Consumer Protection Law (28)
- Housing Law (28)
- Internet Law (28)
- Keyword
-
- Therapeutic jurisprudence (53)
- Mental disability law (40)
- Human rights (32)
- Sanism (30)
- Mental disability (29)
-
- New York Law School (28)
- Legal education (26)
- South Africa (26)
- Supreme Court (26)
- International human rights law (23)
- FCC (22)
- Privacy (18)
- Criminal procedure (17)
- Insanity defense (17)
- Patent (17)
- Women (14)
- Intellectual property (13)
- Technology (13)
- Death penalty (12)
- Constitutional Law (11)
- Race (11)
- Right to counsel (11)
- Bankruptcy (10)
- Civil rights (10)
- Constitutional law (10)
- First Amendment (10)
- First amendment (10)
- Housing (10)
- Immigration (10)
- International law (10)
- Publication Year
Articles 61 - 90 of 1042
Full-Text Articles in Law
“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison Lynch, Michael L. Perlin
“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison Lynch, Michael L. Perlin
Articles & Chapters
Criminology research has devoted significant attention to individuals diagnosed either with antisocial personality disorder (ASPD) or psychopathy. While in the past, the two terms were used somewhat interchangeably, researchers today are starting to see that the two terms in fact represent two very different personality types and offending patterns. In this article, we examine this development from a legal perspective, considering what this might mean in terms of punishment for these two personality types based on the different characteristics they display in their actual offenses and their responses to punishment and rehabilitation. Specifically, we will focus on how the use …
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Articles & Chapters
No abstract provided.
The Year 2020 In Review: Editor's Note, Lisa Grumet
The Year 2020 In Review: Editor's Note, Lisa Grumet
Articles & Chapters
No abstract provided.
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Articles & Chapters
No abstract provided.
Creativity, Content, And Community In Evidence Online, Lynn Su
Creativity, Content, And Community In Evidence Online, Lynn Su
Articles & Chapters
No abstract provided.
Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown
Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown
Articles & Chapters
No abstract provided.
How To Train Your Supervisor, Kris Franklin, Paula J. Manning
How To Train Your Supervisor, Kris Franklin, Paula J. Manning
Articles & Chapters
In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).
This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …
Cyberspace Back To The Classroom: Taking Lessons Learned From Teaching Street Law During The Pandemic Back To In-Person Instruction, Amy Wallace
Articles & Chapters
In spring 2020, when schools around the world were compelled to close their physical doors, educators, administrators and students were forced to re-invent what it meant to teach and to learn. For fifty years, Street Law programs have been dedicated to hands-on, student centered, interactive teaching strategies. Law students, lawyers and teachers have devoted countless hours to creating fun, practical lessons designed to teach young people about practical law that affects their daily lives and also develop the skills they need to use their newly found legal knowledge to improve their lives and their communities. Remote learning upended all the …
Counterbalancing Teen Reliance On Social Media News: The Importance Of Using Street Law Methodology To Teach About Current Events, Amy Wallace
Articles & Chapters
Globally, civic engagement of young people lags behind the general population. There is some evidence that young people are becoming more interested and engaged in world events. The pandemic and social justice movements addressing the environment, racial injustice, women’s issues, and LGBTQ rights have especially mobilized young people.
Social media has been key to the success of many grassroots movements (#MeToo, Black Lives Matter, and Greta Thunberg). Increasingly young people are also using social media as a source of news. Teachers and professionals who work with young people have noticed a dramatic surge in awareness and interest in current events. …
Commentary On Gruen V. Gruen, Richard H. Chused
Commentary On Gruen V. Gruen, Richard H. Chused
Articles & Chapters
No abstract provided.
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
Articles & Chapters
No abstract provided.
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Articles & Chapters
No abstract provided.
Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Articles & Chapters
Women lawyers are increasing seen among the leading legal defenders of human rights and social movements in Thailand. Increasing visibility is partly a result of news coverage and social media, but women lawyers activism has far older roots. In this article, we examine two related processes of change that contribute to women’s emergence as leading social cause practitioners. First, we discuss the relationship between Thailand’s legal system and its social and political development since the end of the nineteenth century. Second, we employ career narratives of three women lawyers with innovative practices for social causes as a lens through which …
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel
Articles & Chapters
In 2002, for the first time, in Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court found that it violated the Eighth Amendment to subject persons with intellectual disabilities to the death penalty. Since that time, it has returned to this question multiple times, clarifying that inquiries into a defendant’s intellectual disability (for purposes of determining whether he is potentially subject to the death penalty) cannot be limited to a bare numerical “reading” of an IQ score, and that state rules based on superseded medical standards created an unacceptable risk that a person with intellectual disabilities could …
The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard
The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Family Law During Covid-19: Virtual Hearings, Family Court Proceedings, And The Future: Editors' Notes, Lisa Grumet
Family Law During Covid-19: Virtual Hearings, Family Court Proceedings, And The Future: Editors' Notes, Lisa Grumet
Articles & Chapters
No abstract provided.
Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews
Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews
Articles & Chapters
This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
Articles & Chapters
No abstract provided.
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Articles & Chapters
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …
Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused
Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused
Articles & Chapters
No abstract provided.
Finding Your 'Flow', Heidi K. Brown
Finding Your 'Flow', Heidi K. Brown
Articles & Chapters
From drinking from a fire hose to achieving our peak state.
Boards In Information Governance, Faith Stevelman, Sarah C. Haan
Boards In Information Governance, Faith Stevelman, Sarah C. Haan
Articles & Chapters
No abstract provided.
When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe
When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe
Articles & Chapters
A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses the historical example to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …
Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace
Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace
Articles & Chapters
Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …
Pandemic Pause, Heidi K. Brown
Pandemic Pause, Heidi K. Brown
Articles & Chapters
Some lessons we can learn as a profession.
See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo
See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.
To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
Articles & Chapters
President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
Articles & Chapters
The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
Articles & Chapters
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Articles & Chapters
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …