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- Access to justice (2)
- Judicial review (2)
- Justice Jesse Carter (2)
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- Animal law (1)
- Boy Scouts of America (1)
- Classical contract theory (1)
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- Contributory negligence (1)
- Employer liability (1)
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- Forfeitures (1)
- Hostile work environment (1)
- Law-focused theory (1)
- Obligation to report (1)
- Public accommodation (1)
- Sentencing (1)
- Sexual harassment (1)
- Sexual orientation (1)
- Sexual orientation protections in South Africa (1)
- Social contract (1)
- Urban and environmental rights (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory, Colin Crawford
Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory, Colin Crawford
Publications
This analysis consists of three principal parts. First, it briefly reviews the classical contract account that explains how and why individuals enter civil society, found in the writings of both Hobbes and Locke. The analysis then examines the limited extent to which classical contract theory treats questions of rights vindication or, in more modern terms, with questions of access to justice. Second, the analysis examines the nature of collective and diffuse rights claims and will make a case for their importance in the modern world. Third, the analysis seeks to identify arguments from the classical account that might be useful …
Access To Justice: Theory And Practice From A Comparative Perspective, Colin Crawford, Daniel Bonilla Maldonado
Access To Justice: Theory And Practice From A Comparative Perspective, Colin Crawford, Daniel Bonilla Maldonado
Publications
The papers gathered in this volume analyze access to justice in Latin America, Europe, and North America from a philosophical, legal, and sociological perspective. In these three regions of the world, as in the rest of the globe, liberal democracies face a troubling gap between the normative and the descriptive: the access to justice promises made by the legal and political system are not fully realized in practice. The studies collected here, therefore, share two baseline assumptions. First, the right of access to justice is fundamental in a liberal state. Access to justice ensures that citizens are able to defend …
Access To Justice For Four Billion: Urban And Environmental Options And Challenges, Colin Crawford
Access To Justice For Four Billion: Urban And Environmental Options And Challenges, Colin Crawford
Publications
This Article proceeds in five parts. Part I considers four prominent theories on the meaning of "access to justice." To be sure, the lines and divisions between these positions are in practice less rigid than this text will at times suggest. Nonetheless, the four approaches are sufficiently different from one another to justify a critical evaluation. Part I therefore undertakes to provide such an evaluation of these different proposals. In this, Part I seeks to assess the strengths and weaknesses of the different proposals with respect to the search for answers to some of the questions related to what "access …
Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman
Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman
Publications
This paper views civil litigation initiated by a party seeking money damages through the lens of the underlying economics that impact the civil justice system's ability to achieve fair outcomes. It examines how access to capital has impacted the functioning of civil justice in the United States.
Substantive Equality And Sexual Orientation: Twenty Years Of Gay And Lesbian Rights Adjudication Under The South African Constitution, Eric C. Christiansen
Substantive Equality And Sexual Orientation: Twenty Years Of Gay And Lesbian Rights Adjudication Under The South African Constitution, Eric C. Christiansen
Publications
Examining the historical achievements and failures of the South African Constitution’s sexual orientation protections highlights larger lessons from the last twenty years of constitutionalism in South Africa. In this Article, I use the drafting history, Constitutional Court adjudication, and the practical insufficiencies of the Constitution’s inclusion of sexual orientation-based protections to highlight three categories of insights. These lessons include an encouraging insight regarding the inclusion of novel and progressive elements when drafting modern constitutions; some modest claims about the capacity of courts to combat inequality based on sexual orientation despite the limitations of purely legal victories; and a hopeful affirmation …
Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini
Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini
Publications
No abstract provided.
Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel
Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel
Publications
In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Publications
This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …
The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr
The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr
Publications
This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these …
Say You're Sorry: Court-Ordered Apologies As A Civil Rights Remedy, Brent T. White
Say You're Sorry: Court-Ordered Apologies As A Civil Rights Remedy, Brent T. White
Publications
This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution. Part II provides a brief overview of current legal scholarship in the area of apology, including the lack of such scholarship related to court-ordered apologies as a civil remedy. Part III argues that traditional forms of compensation fail to provide adequate relief to civil rights victims because they neglect psychological, emotional, and …
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
Publications
Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …
Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave
Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave
Publications
The traditional United States Supreme Court analysis for determining whether a group may exclude people from membership on the basis of sexual orientation involves a series of either/or choices. For example, in the context of the exclusion of homosexuals by the Boy Scouts of America, one issue is whether the Boy Scouts is a "public accommodation.' Another issue is whether homosexuals constitute a protected class. This Article argues that independent state constitutional analysis of this issue provides an opportunity to avoid the narrowing effects of the traditional dichotomies, and that courts should directly consider the interests of the parties. In …
The Jury-Some Thoughts, Historical And Personal, Peter Keane
The Jury-Some Thoughts, Historical And Personal, Peter Keane
Publications
rich baggage of our heritage and origins as a communal people. It is both what we have been and what we are now. From the jury's first crude forms developed by our primitive ancestors in thick groves of forest clearings, to contemporary juries in modern courtrooms listening to testimony about DNA and E. Coli Bacteria, the institution has been adequate to the tasks we give it. A jury is a more representative societal mechanism of our culture than anything else in which we participate as citizens.