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2012

Law and Society

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Articles 1 - 30 of 145

Full-Text Articles in Law

The Striking Success Of The National Labor Relations Act, Michael L. Wachter Dec 2012

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

Faculty Scholarship at Penn Law

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over ...


Repealing Rights: Proposition 8, Perry, And Crawford Contextualized, David B. Cruz Nov 2012

Repealing Rights: Proposition 8, Perry, And Crawford Contextualized, David B. Cruz

University of Southern California Legal Studies Working Paper Series

California's Proposition 8 stripped same-sex couples of the right under the California Constitution to "marry" civilly, while leaving in place the right to every other state-controlled legal incident of marriage. The U.S. District subsequently court held that Prop 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution in an opinion whose broad reasoning would invalidate the exclusion of same-sex couples from civil marriage by any state. The U.S. Court of Appeals for the Ninth Circuit affirmed on narrow grounds specific to California's legal history. Those defending Prop ...


Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf Nov 2012

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

Cornell Law Faculty Publications

Ancient mythology, literary fiction, and modern science fiction films all recount a similar cautionary tale: human ingenuity gives rise to a powerful invention, but through human fallibility and, in some tellings, venality, the invention becomes a monster and turns on its creators. Perhaps the most famous example is Mary Shelley's Frankenstein, in which Dr. Frankenstein's attempt to fashion a living man from the dead remains of others succeeds, only then to go horribly awry. Such stories are timeless because they warn of the dangers of indelible features of human nature: hubris and short-sightedness. Recent large-scale catastrophes such as ...


Tobacco Regulation And Its Discontents: A Cautious View From Singapore, Locknie Hsu Nov 2012

Tobacco Regulation And Its Discontents: A Cautious View From Singapore, Locknie Hsu

Research Collection School Of Law

In this article, Locknie Hsu discusses the implications of the various legal claims being pursued in various fora in relation to plain packaging of tobacco products laws, especially in relation to Singapore and the Association of Southeast Asian Nations ('ASEAN'). The article proceeds as follows: (1) In Part 1, Hsu examines the current state of Singapore's regulation of tobacco; (2) part 2 of the article then considers Singapore's current investment treaty commitments and their likely compatibility with plain packaging legislation, were it to be introduced into Singapore.


Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga Oct 2012

Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga

Faculty Scholarship

This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]


Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Oct 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Faculty Scholarship at Penn Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available ...


Hauerwasian Christian Legal Theory, David A. Skeel Jr. Oct 2012

Hauerwasian Christian Legal Theory, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely ...


Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft Oct 2012

Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.


Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay Oct 2012

Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay

Research Collection School Of Law

The ultimate result of globalisation is that as the world setting is compressed there is an intensification of consciousness towards global interests, such as selective ordering, running parallel with strongly influential autonomous interests of the nation state and regional concerns. However, as risk and security disproportionately motivate globalisation, dominant nation state interests (which are at the heart of what operationalises global hegemony) become the prevailing measure of global ordering. Attitudes to ‘harm’ converge around these sectarian interests from the local to the global. As such, the need to torture, it is logically and even ‘legally’ argued, to better ensure domestic ...


A New Form Of Wmd?: Driving With Mobile Devices And Other Weapons Of Mass Destruction, Linda C. Fentiman Aug 2012

A New Form Of Wmd?: Driving With Mobile Devices And Other Weapons Of Mass Destruction, Linda C. Fentiman

Pace Law Faculty Publications

This article explores what the legal, sociological, and scientific literature tells us about risky behavior and what the law can – and can’t - do about it. The article focuses on cell phone use – and the push to regulate it - as a parable about the limits of the law in regulating two things which Americans love – advanced technology and the freedom to drive. The article examines the risks – real and perceived – of motorists who drive while using their cell phones to talk or text, providing a scientifically grounded framework to analyze current and proposed laws to govern motorists’ cell phone use ...


14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island Jul 2012

14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Campaign Finance In The Hybrid Realm Of Recall Elections, Elizabeth Garrett Jul 2012

Campaign Finance In The Hybrid Realm Of Recall Elections, Elizabeth Garrett

University of Southern California Legal Studies Working Paper Series

In the ever-evolving jurisprudence of campaign finance, one principle has endured: the rules governing candidate elections are analyzed differently from the rules governing ballot measures because the latter elections have been found not to implicate the state’s legitimate interest in combatting quid pro quo corruption. It should now be apparent to even a casual observer of the initiative process, however, that candidates are very involved in ballot measures; they use initiatives to influence turnout in elections in which they are also running, and they resort to initiatives to adopt policy change they cannot enact through the traditional legislative system ...


Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy Jul 2012

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).


Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review Jul 2012

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.


Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed. Jul 2012

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

24 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).


Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller Ed. Jul 2012

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

21 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).


Political Authority And Political Obligation, Stephen R. Perry Jul 2012

Political Authority And Political Obligation, Stephen R. Perry

Faculty Scholarship at Penn Law

Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said to entail a general obligation to obey the law, and a general obligation to obey the law ...


Contract And Dispossession, Deborah W. Post Jul 2012

Contract And Dispossession, Deborah W. Post

Scholarly Works

This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory.

There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, codes and conventions in determining whether the parties to an agreement meant or intended it to be legally enforceable. Contract law recognizes and regulates status relationships. The resort by judges to hegemonic conceptions of status results in dispossession when ...


Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin Jul 2012

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Boston College Law School Faculty Papers

In the stiff competition for worst Supreme Court decision ever, two candidates stand heads above the others for the simple reason that they precipitated actual fighting wars in their times. By holding that slaves, as mere chattels, could not sue in court and could never be American citizens, and further invalidating the Missouri Compromise, which had prohibited slavery in new territories, Dred Scott v. Sanford charted the course to secession and Civil War four years later. By disenfranchising Florida voters and thereby appointing popular-vote loser George W. Bush as President, Bush v. Gore set in motion events which would lead ...


One Nation Under Surveillance: A New Social Contract To Defend Freedom Without Sacrificing Liberty, Eugene K. B. Tan Jul 2012

One Nation Under Surveillance: A New Social Contract To Defend Freedom Without Sacrificing Liberty, Eugene K. B. Tan

Research Collection School Of Law

One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty, by Simon Chesterman, is reviewed. ISBN 9780199580378


Taming Negotiated Justice, Stephanos Bibas Jun 2012

Taming Negotiated Justice, Stephanos Bibas

Faculty Scholarship at Penn Law

After four decades of neglecting laissez-faire plea bargaining, the Supreme Court got it right. In Missouri v. Frye and Lafler v. Cooper, the Court recognized that the Sixth Amendment regulates plea bargaining. Thus, the Court held that criminal defendants can challenge deficient advice that causes them to reject favorable plea bargains and receive heavier sentences after trial. Finally, the Court has brought law to the shadowy plea-bargaining bazaar.

Writing in dissent, Justice Scalia argued that the majority’s opinion “opens a whole new boutique of constitutional jurisprudence (‘plea-bargaining law’).” To which I say: it is about time the Court developed ...


Blacklisted: The Constitutionality Of The Federal System For Publishing Reports Of "Bad" Doctors In The National Practitioner Data Bank, Katharine Van Tassel Jun 2012

Blacklisted: The Constitutionality Of The Federal System For Publishing Reports Of "Bad" Doctors In The National Practitioner Data Bank, Katharine Van Tassel

Faculty Scholarship

In order to highlight the problems with the NPDB [National Practitioner Data Bank], this Article compares physician blacklisting with other forms of blacklisting. For example, both physician and sexual predator blacklisting programs have the same goals: allowing the public to engage in self-protection by preventing “predators” from traveling to new locations to prey on a new group of unsuspecting victims. And both sexual predators and physicians suffer similar stigmatization as the result of the “badge of infamy” that comes with being blacklisted. But this is where the similarities end. Accused sex offenders get all of the trappings of due process ...


Privacy Rights: The Virtue Of Protecting A False Reputation, John A. Humbach May 2012

Privacy Rights: The Virtue Of Protecting A False Reputation, John A. Humbach

Pace Law Faculty Publications

What is the virtue of protecting a false reputation? The thesis of this paper is that there is none. There is none, at least, that justifies the suppression of free speech. Yet, there is a growing trend to see the protection of reputation from truth as a key function of the so-called “right of privacy.”

Unfortunately, people often do things that they are not proud of or do not want others to know about. Often, however, these are precisely the things that others want or need to know. For our own protection, each of us is better off being aware ...


Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea May 2012

Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea

Boston College Law School Faculty Papers

Education officials around the country are grappling with issues surrounding public school teachers’ use of social media. Typically concerned that social media makes it easier for teachers to engage in inappropriate communications with their students, officials have adopted guidelines that prohibit K-12 teachers from using social media to communicate with their students for noncurricular purposes. In addition, teachers are frequently punished for content they or others post on social media even when their students and the school community were not the intended audience. Current doctrine leaves unclear how much authority schools have to restrict their teachers’ use of social media ...


Network Neutrality And The Need For A Technological Turn In Internet Scholarship, Christopher S. Yoo May 2012

Network Neutrality And The Need For A Technological Turn In Internet Scholarship, Christopher S. Yoo

Faculty Scholarship at Penn Law

To most social scientists, the technical details of how the Internet actually works remain arcane and inaccessible. At the same time, convergence is forcing scholars to grapple with how to apply regulatory regimes developed for traditional media to a world in which all services are provided via an Internet-based platform. This chapter explores the problems caused by the lack of familiarity with the underlying technology, using as its focus the network neutrality debate that has dominated Internet policy for the past several years. The analysis underscores a surprising lack of sophistication in the current debate. Unfamiliarity with the Internet’s ...


Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta May 2012

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest ...


What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges May 2012

What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges

Honors Projects Overview

This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.


Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans May 2012

Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans

Cornell Law Faculty Publications

Three years after Korea introduced the jury system for the first time in its history, and two years following the Japanese introduction of a mixed court in which citizen and professional judges decide serious criminal cases, the Second East Asian Law and Society Conference was held on September 30th and October 1st, 2011 in the vibrant city of Seoul, South Korea. This Special Issue of the Yonsei Law Journal offers an opportunity to present work on some of the key issues that were discussed and debated at this remarkable conference. In particular, the special issue offers new research on the ...


Spinning Sackett: Assessing New And Traditional Media Coverage So Far, Kim Diana Connolly May 2012

Spinning Sackett: Assessing New And Traditional Media Coverage So Far, Kim Diana Connolly

Journal Articles

No abstract provided.


Perceived Job Readiness Among The Previously Incarcerated, Amy Audet Apr 2012

Perceived Job Readiness Among The Previously Incarcerated, Amy Audet

Honors Projects Overview

This study aims to determine the primary factor in employment readiness for previously incarcerated individuals. Ex offenders were were surveyed for job readiness using a scale developed in the studies' literature review. This scale emcompasses factors such as skills, knowledge, confidence and goals. Surveys were also done according to age, age of first incarceration, incarceration history and job training history. Because this population is marginalized, this study may bring new awareness about the effects of employer discrimination and the need for future programs to increase job readiness among the previously incarcerated individuals.