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Full-Text Articles in Law

Foreword, Trina Jones Oct 2009

Foreword, Trina Jones

Law and Contemporary Problems

No abstract provided.


The Dawn Of A New, New International Economic Order, Ruth Gordon Oct 2009

The Dawn Of A New, New International Economic Order, Ruth Gordon

Law and Contemporary Problems

No abstract provided.


Operatively White?: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey G. Mcfarlane Oct 2009

Operatively White?: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey G. Mcfarlane

Law and Contemporary Problems

No abstract provided.


Theorizing Class, Gender, And The Law: Three Approaches, Angela P. Harris Oct 2009

Theorizing Class, Gender, And The Law: Three Approaches, Angela P. Harris

Law and Contemporary Problems

No abstract provided.


Patient Negligence, Michele Goodwin, L. Song Richardson Oct 2009

Patient Negligence, Michele Goodwin, L. Song Richardson

Law and Contemporary Problems

No abstract provided.


Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz Oct 2009

Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz

Law and Contemporary Problems

No abstract provided.


The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson Oct 2009

The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 2009

Journal Staff

Law and Contemporary Problems

No abstract provided.


Race, Economic Class, And Employment Opportunity, Trina Jones Oct 2009

Race, Economic Class, And Employment Opportunity, Trina Jones

Law and Contemporary Problems

No abstract provided.


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James Oct 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James

Law and Contemporary Problems

No abstract provided.


The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky Oct 2009

The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith Oct 2009

Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith

Law and Contemporary Problems

No abstract provided.


Trafficking In Human Blood: Titmuss (1970) And Products Liability, Clark C. Havighurst Jul 2009

Trafficking In Human Blood: Titmuss (1970) And Products Liability, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.


Altruism, Markets, And Organ Procurement, Julia D. Mahoney Jul 2009

Altruism, Markets, And Organ Procurement, Julia D. Mahoney

Law and Contemporary Problems

For decades, the dominant view among biomedical ethicists, transplantation professionals, and the public at large has been that altruism, not financial considerations, should motivate organ donors. Proposals to compensate sources of transplantable organs or their survivors, although endorsed by a number of economists and legal scholars, have been denounced as unethical and impracticable. Organ transplantation is said to belong to the world of gift, as distinct from the market realm. Paying for organs would inject commerce into a sphere where market values have no place and would transform a system based on generosity and civic spirit into one of antiseptic, …


Surrogacy And The Politics Of Commodification, Elizabeth S. Scott Jul 2009

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott

Law and Contemporary Problems

Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.


Excluding Unfit Workers: Social Control Versus Social Justice In The Age Of Economic Reform, David E. Bernstein, Thomas C. Leonard Jul 2009

Excluding Unfit Workers: Social Control Versus Social Justice In The Age Of Economic Reform, David E. Bernstein, Thomas C. Leonard

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 2009

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, Kimberly D. Krawiec Jul 2009

Foreword, Kimberly D. Krawiec

Law and Contemporary Problems

No abstract provided.


Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales Jul 2009

Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales

Law and Contemporary Problems

A surrogate-motherhood arrangement is one in which a woman agrees to bear a child for a commissioning couple. She carries the child through pregnancy and subsequently surrenders the child to the commissioning couple. There are two sorts of surrogate motherhood: genetic and gestational. Here, McLachlan and Swales discuss these two types. They further argue that commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. Also, they argue that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Here, they also present …


The Debt Financing Of Parenthood, Melissa B. Jacoby Jul 2009

The Debt Financing Of Parenthood, Melissa B. Jacoby

Law and Contemporary Problems

Jacoby discusses the significant role of lenders in the parenthood market and how they might facilitate access and shape this industry in more profound ways. Second, she introduces the issue of financing assisted reproduction and adoption. Third, she reviews specialty loans for assisted reproduction and adoption, reflecting traditional research in case law and legal and nonlegal scholarly literature, as well as results from a review of news media and Web sites of prominent intermediaries and service suppliers. Lastly, she presents a sampling of political-economy implications relevant to assisted reproduction, leaving other issues for future investigation.


Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling Jul 2009

Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling

Law and Contemporary Problems

Listing a child for sale in the local paper's classified section is unthinkable, and it is illegal for donors to sell organs in the US. Yet fertility programs routinely recruit young women and men to "donate" eggs and sperm in return for financial compensation. Payments to women vary substantially, both within particular agencies and in different regions of the US, but the national average is around $4,200. Here, Almeling constructs a theoretical framework analyzing the social process of assigning value to the human body. He further describes the historical emergence of the market in eggs and sperm before turning to …


Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec Jul 2009

Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec

Law and Contemporary Problems

Krawiec compares the egg market to sperm market to illustrate the extent to which public-interest rhetoric enables private wealth transfers in the egg market. She also illuminates why such rhetoric is so effective, playing on deeply held societal norms. In addition, she provides an overview of the oocyte business, highlighting issues relating to recruitment, compensation, controversy, retrieval, and risk. She does the same for the sperm business. Furthermore, she discusses the anticompetitive behavior in the egg market and argues that the horizontal price-fixing embodied in the American Society for Reproductive Medicine's pricing guidelines violates the Sherman Act. Lastly, she concludes …


Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher Apr 2009

Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher

Law and Contemporary Problems

Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …


Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley Apr 2009

Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley

Law and Contemporary Problems

Haley comments on the argument underlying the article by Erin Ann O'Hara and Maria Mayo Robbins, which emphasizes on victim-offender mediation (VOM). By expanding the frame of reference, restorative justice can be defined as a paradigm whose scope encompasses more than VOM and whose emphasis includes the needs of society and offenders as well as victims. Restorative justice involves a wide variety of processes and programs that are more apt to restore both those who commit and those who suffer wrongs. It includes children at risk programs, drug courts, violence-treatment programs, as well as VOM programs. It also includes efforts …


A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes Apr 2009

A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes

Law and Contemporary Problems

Downes comments on Erin Ann O'Hara and Maria Mayo Robbins' article that accurately describes the nuanced and complex nature of apology and forgiveness. These are not actions that can be programmed--they happen at their own pace and in paths that are winding and unchartable. One of the reasons that victim-offender mediation is unpopular with some is that it can be emotionally messy and slow. Thus, one of the most helpful insights in his work has been that forgiveness is developmental, meaning that it often happens in normal and predictable stages. Forgiveness can be divided into manageable pieces. Indeed, their article …


Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke Apr 2009

Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke

Law and Contemporary Problems

Mnookin and Verbeke describe the nonviolent but very serious conflict in Belgium between the Flemish (Dutch) of the North and the Walloons (French) of the South. The Flemish economy is more prosperous than the Walloon economy, and the Flemish constitute a majority of the Belgian population. Nevertheless, the Walloons enjoy a financial subsidy from the Flemish and share equally in the political power of the nation due to antimajoritarian restrictions built into the government structure. Even though significant and persistent, this conflict remains nonviolent due to several factors, including largely separate geography, language and social structure; a low-stakes conflict; relatively …


Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins Apr 2009

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins

Law and Contemporary Problems

In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …


Unlearning Fear Out-Group Others, Terry A. Maroney Apr 2009

Unlearning Fear Out-Group Others, Terry A. Maroney

Law and Contemporary Problems

Maroney describes a neuroscientific fear-extinction study as preliminary evidence supporting the notion that out-group hostilities might be influenced by biological predispositions. In the fear-extinction study, subjects were conditioned to fear the presentation of black or white faces with the introduction of an electric shock when such faces appeared on a screen. Then the experimenters stopped using the shock when that race's faces appeared on the screen. Subjects' fear was extinguished much more effectively when the subject was conditioned to fear faces of individuals of her own race than when the subject was conditioned to fear faces of individuals of another …


Encountering And Countering Tribal Conflict With Film And Dialogue, Steve D. Martin Apr 2009

Encountering And Countering Tribal Conflict With Film And Dialogue, Steve D. Martin

Law and Contemporary Problems

Martin explores the ability of group leaders to overcome resistance to reconciliation in group conflicts, whether innate or otherwise. He uses an example of a group conflict that occurred across religious lines with the pending release of a movie titled Theologians Under Hitler. Even if out-group biases make group conflicts harder to resolve, offsetting that complication might be a predisposition to attend to the views of a respected leader of the in-group.


Comment On Meir Dan-Cohen, Skirmishes On The Temporal Boundaries Of States, John C. P. Goldberg Apr 2009

Comment On Meir Dan-Cohen, Skirmishes On The Temporal Boundaries Of States, John C. P. Goldberg

Law and Contemporary Problems

Goldberg praises Meir Dan-Cohen's creative thinking about state wrongdoing but argues that it is ultimately unclear how a nation gets relieved of responsibility for its past harms. Equally unclear is why as a normative matter nations should be permitted to obtain temporal shifts. Dyadic conflicts that redefine the wrongdoer might be easier to envision because the victim is empowered to redraw the boundary of the wrongdoer. When a nation commits wrong, the justification for redrawing its boundaries often must come from somewhere other than a single victim's forgiveness.