Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2004

Law and Society

Journal

Institution
Keyword
Publication

Articles 1 - 30 of 101

Full-Text Articles in Law

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown Dec 2004

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown

Nevada Law Journal

No abstract provided.


Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough Dec 2004

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …


Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin Dec 2004

Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin

Nevada Law Journal

No abstract provided.


Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias Nov 2004

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner Nov 2004

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.


On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein Nov 2004

On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein

Vanderbilt Law Review

May 17, 2004 marked the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.' This precise day also marked the sixty-first anniversary of the Supreme Court's first use of the phrase "private attorney general." For about three decades after this initial 1943 appearance, the private attorney general concept surfaced only occasionally in the legal literature. Starting in the 1970s, however, its presence became quite regular, and that regularity has escalated steadily to the present: on average, during the past fifteen years, every single workday, somewhere in the United States, some judge has written a legal opinion …


Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard Oct 2004

Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard

University of Michigan Journal of Law Reform

Linguistic diversity is a fact of contemporary American life. Nearly one in five Americans speak a language other than English in the home, and influxes of immigrants have been a constant feature of American history. The multiplicity of languages in American society has touched nearly all aspects of American culture, and specifically has added new and important challenges to the American workplace. Chief among these new concerns are the growing number of legal claims centered around language discrimination in the workplace. The common vehicle for these claims has been Title VII, and there is considerable support in the academic literature …


The Effect Of Context On Practice, Susan D. Carle Sep 2004

The Effect Of Context On Practice, Susan D. Carle

Buffalo Law Review

Book review of Lynn Mather, Craig A. McEwan & Richard J. Maiman's Divorce Lawyers at Work: Varieties of Professionalism in Practice


The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren Sep 2004

The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren

Washington and Lee Law Review

No abstract provided.


Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings Sep 2004

Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings

Nevada Law Journal

No abstract provided.


Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing Sep 2004

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.


The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White Sep 2004

The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White

Nevada Law Journal

No abstract provided.


Foreword: Pursuing Equal Justice In The West, Lynne Henderson Sep 2004

Foreword: Pursuing Equal Justice In The West, Lynne Henderson

Nevada Law Journal

No abstract provided.


The Mississippi Of The West?, Michael S. Green Sep 2004

The Mississippi Of The West?, Michael S. Green

Nevada Law Journal

No abstract provided.


"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor Sep 2004

"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor

Nevada Law Journal

No abstract provided.


A Woman's World: What If Care Work Were Socialized And Police And Fire Protection Left To Individual Families?, Richard Michael Fischl Jul 2004

A Woman's World: What If Care Work Were Socialized And Police And Fire Protection Left To Individual Families?, Richard Michael Fischl

Buffalo Law Review

No abstract provided.


Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar May 2004

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …


Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright May 2004

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright

University of Richmond Law Review

No abstract provided.


Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner Apr 2004

Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner

University of Michigan Journal of Law Reform

This Article advocates an interpretation of the Bail Reform Act that affords courts the ability to hold detention hearings in gun crime cases to evaluate defendants' potential danger to the community. According to an interpretation advanced by some courts, gun possession offenses do not constitute "crimes of violence" within the meaning of the Act and therefore those charged with such crimes, even ifth ey have a prior felony conviction, are not subject to pre-trial detention. Arguing against this approach, the Article looks to the Bail Reform Act, the relevant federal case law, and the alarming statistics concerning the growing use …


When Nice Guys Finish First: The Evolution Of Cooperation, The Study Of Law, And The Ordering Of Legal Regimes, Neel P. Parekh Apr 2004

When Nice Guys Finish First: The Evolution Of Cooperation, The Study Of Law, And The Ordering Of Legal Regimes, Neel P. Parekh

University of Michigan Journal of Law Reform

This Note adds to the scholarship in the area of Evolutionary Analysis and the Law (EA). EA is a paradigm that comments on the implications of evolution on the law. EA recognizes that many complex human behaviors that the law seeks to regulate have evolutionary origins that remain relevant today. This Note details how an understanding of the evolutionary basis of cooperation can bring about favorable revisions and reforms in the law.

Following a review of the scientific foundation of EA, this Note sets forth the proposition that humans have an evolutionarily developed tendency to cooperate, an idea that contrasts …


Reflections On Brown, Paul D. Carrington Apr 2004

Reflections On Brown, Paul D. Carrington

The Journal of Appellate Practice and Process

No abstract provided.


Introduction: Brown In The Supreme Court, Dennis J. Hutchinson Apr 2004

Introduction: Brown In The Supreme Court, Dennis J. Hutchinson

The Journal of Appellate Practice and Process

No abstract provided.


Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin Apr 2004

Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin

The Journal of Appellate Practice and Process

No abstract provided.


Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet Apr 2004

Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet

The Journal of Appellate Practice and Process

No abstract provided.


Enforcing Brown In The Little Rock Crisis, Tony A. Freyer Apr 2004

Enforcing Brown In The Little Rock Crisis, Tony A. Freyer

The Journal of Appellate Practice and Process

No abstract provided.


Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson Apr 2004

Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson

The Journal of Appellate Practice and Process

No abstract provided.


A Time To Lose, D. P. Marshall Jr. Apr 2004

A Time To Lose, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


Symposium Discussion Apr 2004

Symposium Discussion

The Journal of Appellate Practice and Process

No abstract provided.


Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson Apr 2004

Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson

The Journal of Appellate Practice and Process

No abstract provided.


Washington State Access To Justice Technology Principles, Washington State Access To Justice Board Feb 2004

Washington State Access To Justice Technology Principles, Washington State Access To Justice Board

Washington Law Review

This statement presumes a broad definition of access to justice, which includes the meaningful opportunity, directly or through other persons: (1) to assert a claim or defense and to create, enforce, modify, or discharge a legal obligation in any forum; (2) to acquire the procedural or other information necessary (a) to assert a claim or defense, or (b) to create, enforce, modify, or discharge an obligation in any forum, or (c) to otherwise improve the likelihood of a just result; (3) to participate in the conduct of proceedings as witness or juror; and (4) to acquire information about the activities …