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Articles 1 - 30 of 106
Full-Text Articles in Law
Jerome Frank And The Modern Mind, Charles L. Barzun
Jerome Frank And The Modern Mind, Charles L. Barzun
Buffalo Law Review
No abstract provided.
Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps
Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps
Nevada Law Journal
No abstract provided.
Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow
Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow
Michigan Journal of Race and Law
Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America's major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help address …
Racial Cartels, Daria Roithmayr
Racial Cartels, Daria Roithmayr
Michigan Journal of Race and Law
This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups - homeowners' associations, school districts, trade unions, real estate boards and political parties - who gained signficant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values …
The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman
The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman
Seattle University Law Review
While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell
Seattle University Law Review
Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …
The Function Of Law In Society
The Function Of Law In Society
Golden Gate University Law Review
No abstract provided.
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
Indiana Law Journal
No abstract provided.
The Social Construction Of Regulation: Lessons From The War Against Command And Control, Timothy F. Malloy
The Social Construction Of Regulation: Lessons From The War Against Command And Control, Timothy F. Malloy
Buffalo Law Review
No abstract provided.
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Michigan Law Review
By all external appearances, Nudge is a single book-two covers, a single spine, one title. But put these deceptive appearances aside, read the thing, and you will actually find two books-Book One and Book Two. Book One begins with the behavioral economist's view that sometimes individuals are not the best judges of their own welfare. Indeed, given the propensity of human beings for cognitive errors (e.g., the availability bias) and the complexity of decisions that need to be made (e.g., choosing prescription plans), individuals often make mistakes. Enter here the idea of the nudge-the deliberate effort to channel people into …
A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd
A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd
Indiana Law Journal
For much of our nation's history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor's right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the …
Why Terrorism? Whose Terror?, Ibpp Editor
Why Terrorism? Whose Terror?, Ibpp Editor
International Bulletin of Political Psychology
The author considers terrorism as a competitor for the legally constituted authority and power of governments.
Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei
Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei
San Diego International Law Journal
This paper will address the strengths and weaknesses of the German approach as well as the potential use of this approach by American states, with particular emphasis given to the conflict between the right to know one’s origins and a child’s right to care and support. Part II discusses the challenge of defining legal paternity in an age of genetic certainty. It will first give a brief explanation of how courts have used functional–social and genetic considerations in defining legal paternity. It will then evaluate the legal implications of this approach on the rights of the father, mother, and child. …
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
University of Richmond Law Review
No abstract provided.
Cultural Conflict And The Revival Of Class Warfare, June Carbone
Cultural Conflict And The Revival Of Class Warfare, June Carbone
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Water Matters!
As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
Canadian Journal of Family Law
This paper addresses whether sperm donor anonymity should continue in Canada and what the effects might be of abolishing anonymity, particularly for marginalized groups such as lesbian mothers. The first part of the paper outlines the legislative and historical context surrounding the donor anonymity debate in Canada. The second part of the paper addresses the interests of the various social and legal stakeholders, including donor conceived offspring, the social and biological parents of those offspring, and sperm donors. The final segment outlines a twofold law reform agenda. First, it is proposed that Canada prospectively abolish donor anonymity in an effort …
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
Canadian Journal of Family Law
Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act ("AHRA") does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the …
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Canadian Journal of Family Law
Le présent article propose une analyse des récentes décisions des tribunaux québécois en matière de maternité de substitution. La jurisprudence interprète de façon très différente l'article 541 du Code civil, qui déclare nulles les conventions de maternité pour autrui. Mais semble se dessiner un courant en faveur d'une telle pratique, ce qui rejoint l'état du droit dans les provinces canadiennes. Le législateur devra donc clarifier les paramètres de la pratique des mères porteuses, puisque trop de questions sont laissées en suspend par les décisions récentes. L'auteure dénonce le discours d'égalité et d'altruisme présenté comme fondement à cette pratique. À …
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Canadian Journal of Family Law
This paper explores the impact of laws regarding assisted conception and the discriminatory effect these laws have in light of non-traditional family forms. Specifically, it considers the Processing and Distribution of Semen for Assisted Conception Regulations and how these regulations serve to exclude certain individuals who do not fit into the "traditional" nuclear family model. The author critiques the judgement of Susan Doe v. Attorney General of Canada and calls for legislative reform in order for the laws to accurately reflect realities of the family in the 21st century.
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Canadian Journal of Family Law
This paper empirically investigates how lawmakers navigate family law's contested terrain. Using Alberta's newest child welfare law, the Child, Youth and Family Enhancement Act (2004) as a case, I explain the discursive strategies used to pass this unique law through a socio-political context dominated by political rationalities with partially divergent ideas of "family." Analysis reveals two dominant discursive strategies. The first creates a discursive framework that expels welfarist rationalities and centers tensional neoliberal and neoconservative logics. The second navigates the tensions between neoliberal and neoconservative images of family by constituting the content of families as autonomous and responsible while leaving …
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Canadian Journal of Family Law
No abstract provided.
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Canadian Journal of Family Law
After briefly reviewing laws on surrogate motherhood in Canada, the United States, and Britain, the authors consider nearly 40 empirical research studies on the characteristics and experiences of women who have been surrogate mothers. Empiricism meets feminist theory as we revisit arguments against surrogacy arrangements, including the inability to give informed consent, the inherently exploitative nature of the arrangements, and the dangers of commodification. In light of our observations based on the empirical research, we argue that it may be time to review Canadian surrogacy laws.
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
Canadian Journal of Family Law
No abstract provided.
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Canadian Journal of Family Law
This is the first legal study in Canada on same-sex adoption law, adoption administrative practice, and the social realities of parenting as experienced specifically by same-sex male couples. This paper identifies a gap in existing legal literature and jurisprudence with respect to the adoption narratives of same-sex male couples. Next, focusing on the province of Québec, it offers insight into how legal rules and social expectations construct families headed by such couples. It also highlights how, post-adoption, same-sex male couples conceive of their own families in a legal and social environment that continues to privilege heterosexual family models. Contradictorily, by …