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Full-Text Articles in Law

Mediation In Black And White: Unequal Distribution Of Empowerment By Police, Christopher C. Cooper Sep 2001

Mediation In Black And White: Unequal Distribution Of Empowerment By Police, Christopher C. Cooper

Christopher C. Cooper Dr.

Mediation in Black & White: Unequal Distribution of Empowerment by Police. On calls-for-service involving an interpersonal disputes, patrol Police officers either arbitrate the matter (e.g., authoritarian directives or arrest) or empower disputing parties to reach a collective resolutiuon; however whether the latter is availabe to disputing parties depends on their race.


Bracketed Flexibility: Standards Of Performance Level The Playing Field, Claire Moore Dickerson Apr 2001

Bracketed Flexibility: Standards Of Performance Level The Playing Field, Claire Moore Dickerson

Claire Moore Dickerson

Experiments in behavioral economics suggest that legal constraints do reduce uncertainty, thus justifying the use of standards of performance and challenging assertions that regulation of this nature is inefficient.


Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz Jan 2001

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …


"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer Jan 2001

"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer

Nancy J. Knauer

Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …


The World Trade Organization Under Challenge: Democracy And The Law And Politics Of The Wto's Treatment Of Trade And Environmental Matters, Gregory C. Shaffer Jan 2001

The World Trade Organization Under Challenge: Democracy And The Law And Politics Of The Wto's Treatment Of Trade And Environmental Matters, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


Subjective States Of Mind And Custodial Arrest: Race Based Policing, Christopher C. Cooper Jan 2001

Subjective States Of Mind And Custodial Arrest: Race Based Policing, Christopher C. Cooper

Christopher C. Cooper Dr.

No abstract provided.