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Full-Text Articles in Law

'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley Jan 2013

'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Although there are now laws on the books in virtually every jurisdiction aimed at addressing childhood obesity in K-12 schools, these efforts are inadequate and may even be misguided in important ways. Efforts aimed at health promotion - through healthier eating and increased physical activity - remain woefully underfunded even as they proliferate at every level of government. It is one thing to enact a requirement that all schools offer a minimum number of minutes of physical education each week or that school lunches include more fruits and vegetables. But it is quite another to make the budgetary commitment to …


A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff Jan 2013

A Supreme Court Ruling That's About Way More Than Preemption, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page Jan 2013

The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly Jan 2013

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Articles in Law Reviews & Other Academic Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …


'Simple' Takes On The Supreme Court, Robert Tsai Jan 2013

'Simple' Takes On The Supreme Court, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …


International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto Jan 2013

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.


In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis Jan 2013

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …


The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser Jan 2013

The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …


Playing To The Audience, David Spratt Jan 2013

Playing To The Audience, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Let's Talk About Tax, Hilary Allen Jan 2013

Let's Talk About Tax, Hilary Allen

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Jury Instructions As Constitutional Education, Andrew Ferguson Jan 2013

Jury Instructions As Constitutional Education, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Juries are central to the constitutional structure of America. This article articulates a theory of the jury as a “constitutional teaching moment,” establishing a historical and theoretical basis for reclaiming the educative value of jury service. Its proposal is straightforward and easy to implement – use jury instructions to educate jurors about the Constitution.This article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. The article seeks to answer the question of how we can educate jurors about …


The Jury As Constitutional Identity, Andrew Ferguson Jan 2013

The Jury As Constitutional Identity, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

This article seeks to reframe how citizens see jury service in America.Juries once existed at the core of American constitutional identity. At the founding of the country, jury service and voting were twin political rights, equal in stature and importance. Some founders even considered the jury more important than the right to vote as a means to ensure a robust democratic system. During the battles for racial equality (before and after the Reconstruction Amendments) and gender equality (before and after the Nineteenth Amendment), advocates explicitly linked demands for voting and jury service as symbols of political equality. Americans fought, protested, …


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis Jan 2013

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Articles in Law Reviews & Other Academic Journals

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …


Critical Legal Histories In Eu Law, Fernanda Nicola Jan 2013

Critical Legal Histories In Eu Law, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: A workshop aiming to narrate the history of EU Law took place in November 2012 at a critical time for the very existence of the Union and its role as a global actor.' On the one hand, the current financial crisis is weakening some of the foundations and values that, in the last sixty years, EU lawyers, judges, and scholars have relied on. On the other hand, the U.S. government is pursuing a Transatlantic Free Trade and Investment Agreement with the EU, aimed at creating a Western bloc to resist the rising Chinese power.' The fascination of current EU …