Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (22)
- University of Pittsburgh School of Law (13)
- Cornell University Law School (7)
- American University Washington College of Law (6)
- Columbia Law School (6)
-
- University of Colorado Law School (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Maurer School of Law: Indiana University (4)
- St. John's University School of Law (4)
- University of Michigan Law School (4)
- Duke Law (3)
- Pace University (3)
- Seattle University School of Law (3)
- University of Cincinnati College of Law (3)
- University of Miami Law School (3)
- Villanova University Charles Widger School of Law (3)
- Florida International University College of Law (2)
- Georgetown University Law Center (2)
- New York Law School (2)
- Schulich School of Law, Dalhousie University (2)
- Texas A&M University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- UIC School of Law (2)
- University of Georgia School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- University of Nebraska - Lincoln (2)
- BLR (1)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Emory University School of Law (1)
- Keyword
-
- Law and Society (15)
- Law (11)
- Legislation (9)
- Celebration (6)
- Centennial (6)
-
- 100 years (5)
- 16 U.S.C. 431 (5)
- 34 Stat. 225 (5)
- Antiquities Act of 1906 (5)
- Executive authority (5)
- National monuments (5)
- Religion (5)
- Civil rights (4)
- Courts (4)
- Historic landmarks (4)
- Jurisprudence (4)
- Legal Philosophy (4)
- Legal issues (4)
- Prehistoric structures (4)
- Public lands (4)
- Statute (4)
- United States (4)
- Comparative Law (3)
- Constitutional Law (3)
- Consultation (3)
- Criminal Law and Procedure (3)
- Criminal law (3)
- Critical Race Theory (3)
- Critical race theory (3)
- Distributive justice (3)
- Publication
-
- All Faculty Scholarship (22)
- Articles (19)
- Faculty Scholarship (16)
- Scholarly Works (9)
- Articles in Law Reviews & Other Academic Journals (6)
-
- Celebrating the Centennial of the Antiquities Act (October 9) (6)
- Cornell Law Faculty Publications (6)
- Faculty Publications (6)
- Faculty Articles (4)
- Elisabeth Haub School of Law Faculty Publications (3)
- Faculty Articles and Other Publications (3)
- Working Paper Series (3)
- Articles by Maurer Faculty (2)
- Articles, Book Chapters, & Popular Press (2)
- Bill of Particulars (2)
- Faculty Works (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Lisa PytlikZillig Publications (2)
- Other Publications (2)
- UIC Law Open Access Faculty Scholarship (2)
- All Faculty Publications (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- CRVAW Faculty Journal Articles (1)
- Cornell Law Faculty Working Papers (1)
- Dissertations (1)
- Faculty Articles and Papers (1)
- Law Faculty Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Reviews (1)
Articles 121 - 133 of 133
Full-Text Articles in Law
Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen
Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen
Faculty Publications
Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.
To what extent …
Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin
Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
Part I of this essay begins one hundred years before the passage of the Act, with Reconstruction. I briefly canvas the interracial alliances of the Reconstruction and Redemption periods, underscoring that American democracy has been most responsive to the masses, including working class whites, when interracial alliances between whites and blacks commanded majority power. I then recount how a politics of white supremacy animated and perpetuated racial schisms between blacks and whites for a century in the South. Part II describes how the Act came to be passed, emphasizing the role of protest and coalition politics in its enactment, and …
Restoring The Lost Constitution, Not The Constitution In Exile, Randy E. Barnett
Restoring The Lost Constitution, Not The Constitution In Exile, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The Constitution we have now is redacted. Any practicing lawyer will tell you that you cannot go into court and argue the Ninth Amendment. You cannot go into court and argue the Privileges or Immunities Clause. Until United States v. Lopez you could not argue the Commerce Clause; after Gonzales v. Raich, it is not clear you can argue the Commerce Clause anymore. You cannot argue the Necessary and Proper Clause. You cannot argue the Republican Guarantee Clause. You cannot argue the Second Amendment outside the Fifth Circuit. Whole sections of the Constitution are now gone. This is the …
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
All Faculty Scholarship
Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …
The "Duty" To Be A Rational Shareholder, David A. Hoffman
The "Duty" To Be A Rational Shareholder, David A. Hoffman
All Faculty Scholarship
How and when do courts determine that corporate disclosures are actionable under the federal securities laws? The applicable standard is materiality: would a (mythical) reasonable investor have considered a given disclosure important. As I establish through empirical and statistical testing of approximately 500 cases analyzing the materiality standard, judicial findings of immateriality are remarkably common, and have been stable over time. Materiality's scope results in the dismissal of a large number of claims, and creates a set of cases in which courts attempt to explain and defend their vision of who is, and is not, a reasonable investor. Thus, materiality …
Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko
Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko
Articles
Recently, researchers have begun to examine the financial service patterns of low- and moderate-income households. These behaviors are of interest because high cost financial services, barriers to saving, the lack of insurance, and credit constraints contribute to poverty and other socioeconomic conditions . Many low- and moderate-income households use alternative financial service (AFS) providers, such as check cashers, for their financial services needs. Tax preparation firms are among the important financial service providers in the lives of low-income households. Such firms help households navigate the complicated process of filing their taxes, and many low-income households obtain sizeable tax refunds. At …
Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr
Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr
Articles
The Community Reinvestment Act (CRA) has helped to revitalize low- and moderate-income communities and provided expanded opportunities for low- and moderate-income households. Recent regulatory steps aimed at alleviating burdens on banks and thrifts are unwarranted, and may diminish small business lending as well as community development investments and services. This policy brief explains the rationale for CRA, demonstrates its effectiveness, and argues that the recent regulatory proposals should be withdrawn or significantly modified.
Clark's Treatise On Corporate Law: Filling Manning's Empty Towers, Ronald J. Gilson, Reinier Kraakman
Clark's Treatise On Corporate Law: Filling Manning's Empty Towers, Ronald J. Gilson, Reinier Kraakman
Faculty Scholarship
Almost 45 years ago, in an elegantly depressive account of the then current state of corporate law scholarship, Bayless Manning announced the death of corporation law "as a field of intellectual effort." Manning left us with an affecting image of a once grand field long past its prime, rigid with formalism and empty of content:
When American law ceased to take the "corporation" seriously, the entire body of law that had been built upon that intellectual construct slowly perforated and rotted away. We have nothing left but our great empty corporate statutes towering skyscrapers of rusted girders, internally welded together …
Infant Safe Haven Laws: Legislating In The Culture Of Life, Carol Sanger
Infant Safe Haven Laws: Legislating In The Culture Of Life, Carol Sanger
Faculty Scholarship
This Article analyzes the politics, implementation, and influence of Infant Safe Haven laws. These laws, enacted across the states in the early 2000s in response to much-publicized discoveries of dead and abandoned infants, provide for the legal abandonment of newborns. They offer new mothers immunity and anonymity in exchange for leaving their babies at designated Safe Havens. Yet despite widespread enactment, the laws have had relatively little impact on the phenomenon of infant abandonment. This Article explains why this is so, focusing particularly on a disconnect between the legislative scheme and the characteristics of neonaticidal mothers that makes the use …
Social Contagion Of Violence, Jeffrey Fagan, Deanna L. Wilkinson, Garth Davies
Social Contagion Of Violence, Jeffrey Fagan, Deanna L. Wilkinson, Garth Davies
Faculty Scholarship
Since 1968, violence and other crimes in New York City have followed a pattern of recurring epidemics. There have been three consecutive and contiguous cycles characterized by sharp increases in homicides and assaults to an elevated rate followed by equally steep declines to levels near the previous starting point. The most recent epidemic, from 1985-96, had the sharpest rise and steepest decline of the three epidemics. Popular explanations of the current epidemic fail to account for both the rise and fall of the decline, or for the repetitive pattern of these epidemics. In this article, we use public health data …
Law As A Social System, By Niklas Luhmann, Peer Zumbansen
Law As A Social System, By Niklas Luhmann, Peer Zumbansen
Articles & Book Chapters
No abstract provided.
The Need For A Reduced Workweek In The United States, Vicki Schultz, Allison K. Hoffman
The Need For A Reduced Workweek In The United States, Vicki Schultz, Allison K. Hoffman
All Faculty Scholarship
This paper argues that a reduced workweek offers a way to alleviate work-family conflict without exacerbating the sex-based division of labor in paid work and unpaid family work. We distinguish our position from two other approaches: (1) one that compensates unpaid family work directly (through such policies as traditional welfare provision, or alimony), policies we argue can discourage women from labor force attachment and contribute to sex-stereotyping and sex-segregated employment; and (2) an approach that spurs employers to accommodate workers' family responsibilities (through such policies as part-time work for parents), policies workers often avoid out of a well founded fear …
The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White
Research Collection Yong Pung How School Of Law
The question of whether corruption is antithetical to economic development has been extensively researched and debated since the 1960s. While nearly all participants in the debate appear to agree that corruption ultimately is antithetical to long-term economic development, the extent to which it positively or negatively affects economic development in the short term depends upon highly contextual factors. In different countries and regions of the world, factors of local culture and history, the nature of the state, the type of corruption and actors involved, and the political responses and motivations to curtail corruption all inform the answer to this question. …