Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (1028)
- Constitutional Law (999)
- Arts and Humanities (977)
- International Law (888)
- Criminal Law (689)
-
- Health Law and Policy (647)
- Law and Society (596)
- Civil Rights and Discrimination (577)
- Intellectual Property Law (540)
- Human Rights Law (510)
- Environmental Law (469)
- Law and Race (461)
- State and Local Government Law (433)
- Courts (426)
- Administrative Law (410)
- Supreme Court of the United States (405)
- Legal Education (399)
- Criminal Procedure (371)
- Legislation (370)
- Business (363)
- Legal Profession (358)
- Law and Economics (350)
- Law and Politics (347)
- Public Affairs, Public Policy and Public Administration (333)
- Science and Technology Law (324)
- Contracts (322)
- Jurisprudence (308)
- Business Organizations Law (306)
- Comparative and Foreign Law (285)
- Institution
-
- University of Florida Levin College of Law (2276)
- Association of Arab Universities (717)
- Universitas Indonesia (331)
- Yeshiva University, Cardozo School of Law (301)
- Southern Methodist University (260)
-
- Fordham Law School (253)
- University of Pennsylvania Carey Law School (250)
- University of Michigan Law School (241)
- Duke Law (226)
- William & Mary Law School (217)
- Notre Dame Law School (215)
- University of Chicago Law School (208)
- Maurer School of Law: Indiana University (197)
- Seton Hall University (178)
- American University Washington College of Law (173)
- Columbia Law School (160)
- University of Missouri School of Law (142)
- University of Georgia School of Law (141)
- Case Western Reserve University School of Law (134)
- University of North Carolina School of Law (134)
- UC Law SF (128)
- Brooklyn Law School (126)
- University of Richmond (126)
- St. John's University School of Law (123)
- Roger Williams University (121)
- Osgoode Hall Law School of York University (118)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (117)
- Boston University School of Law (116)
- Georgia State University College of Law (116)
- Singapore Management University (115)
- Keyword
-
- Law (169)
- COVID-19 (146)
- First Amendment (99)
- Race (89)
- Supreme Court (89)
-
- Human rights (84)
- Constitutional law (81)
- Copyright (79)
- International law (74)
- Discrimination (73)
- Privacy (73)
- Climate change (71)
- Pandemic (69)
- Criminal law (68)
- Intellectual property (65)
- Constitution (62)
- Regulation (62)
- Policy (60)
- Immigration (59)
- Bankruptcy (57)
- Technology (57)
- United States (56)
- Artificial intelligence (55)
- Government (55)
- Antitrust (54)
- China (53)
- Constitutional Law (51)
- Politics (51)
- Religion (50)
- Education (49)
- Publication
-
- Florida Law Review (2246)
- Midad AL-Adab Refereed Quarterly Journal (613)
- Faculty Scholarship (502)
- Articles (237)
- Faculty Publications (170)
-
- The Year in Review (125)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (109)
- Student Works (105)
- All Faculty Scholarship (104)
- The Journal of the Michigan Dental Association (104)
- Scholarly Works (98)
- Indian Journal of Law and Technology (94)
- Chulalongkorn University Theses and Dissertations (Chula ETD) (92)
- مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL (89)
- Research Collection Yong Pung How School Of Law (88)
- Georgia State University Law Review (83)
- Indonesian Notary (76)
- Journal Articles (75)
- Fordham Law Review (72)
- GW Law Faculty Publications & Other Works (67)
- Mercer Law Review (67)
- Missouri Law Review (63)
- DePaul Law Review (60)
- Notre Dame Law Review (60)
- Touro Law Review (60)
- Scholarly Articles (57)
- Law and Contemporary Problems (54)
- Student Senate Enrolled Legislation (54)
- Tulsa Law Review (54)
- UC Law Journal (54)
- Publication Type
- File Type
Articles 13231 - 13260 of 13847
Full-Text Articles in Law
Expanding Civil Rights To Combat Digital Discrimination On The Basis Of Poverty, Michele Estrin Gilman
Expanding Civil Rights To Combat Digital Discrimination On The Basis Of Poverty, Michele Estrin Gilman
SMU Law Review
Low-income people suffer from digital discrimination on the basis of their socio-economic status. Automated decision-making systems, often powered by machine learning and artificial intelligence, shape the opportunities of those experiencing poverty because they serve as gatekeepers to the necessities of modern life. Yet in the existing legal regime, it is perfectly legal to discriminate against people because they are poor. Poverty is not a protected characteristic, unlike race, gender, disability, religion or certain other identities. This lack of legal protection has accelerated digital discrimination against the poor, fueled by the scope, speed, and scale of big data networks. This Article …
Bostock: A Clean Cut Into The Gordian Knot Of Causation, Melissa Essary
Bostock: A Clean Cut Into The Gordian Knot Of Causation, Melissa Essary
SMU Law Review
Regardless of merit, most individual employment discrimination claims die a fast death at summary judgment. Judges apply the fine mesh net created by McDonnell Douglas v. Green, and most cases are caught in its trap. This dated, obfuscatory Supreme Court case creates a complex and flawed binary approach to causation: either discrimination or an innocent reason caused an adverse employment action. For decades, all three levels of the federal judiciary have wrestled with McDonnell Douglas, creating snarls and knots in construing causation. Because of this causal confusion, the ideal of equal opportunity in employment is on life-support.
Judges and practitioners …
The Rulification Of General Personal Jurisdiction And The Search For The Exceptional Case, Judy M. Cornett
The Rulification Of General Personal Jurisdiction And The Search For The Exceptional Case, Judy M. Cornett
Tennessee Law Review
No abstract provided.
Psychologically Bound: Why Expert Evidence Regarding Battered Woman Syndrome Should Be Admissible, Christa Bunce
Psychologically Bound: Why Expert Evidence Regarding Battered Woman Syndrome Should Be Admissible, Christa Bunce
SMU Law Review
The affirmative defense of duress was created to protect a person coerced into committing a violent physical crime. Alongside duress, battered woman syndrome (BWS) is a psychological theory created to explain why women choose to kill abusive partners rather than leave them. Although BWS is a well-known and supported legal theory, historically, courts have been reluctant to allow expert evidence regarding the syndrome into testimony to help explain a battered woman’s behavior. Battered women have been so subjected to abuse and violence that their psychological perception is altered. In cases where expert evidence has been admitted, it profoundly affected jurors’ …
Does Motive Also Follow The Bullet? Transferred Intent And Violent Crimes In Aid Of Racketeering, Melvin L. Otey
Does Motive Also Follow The Bullet? Transferred Intent And Violent Crimes In Aid Of Racketeering, Melvin L. Otey
Tennessee Law Review
No abstract provided.
Choice Of Law And Time, Jeffrey L. Rensberger
Choice Of Law And Time, Jeffrey L. Rensberger
Tennessee Law Review
Choice of law is usually thought of as a problem of law across geography, of how laws apply to persons and events not entirely within a state's boundaries. But time is another dimension to the choice of law problem. In cases wholly domestic to a single state, this temporal issue appears when a court considers whether a change in law has retroactive application. But changes in law occur in interstate cases as well. Moreover, the facts relevant to a choice of law analysis may change between the time of the underlying events and the litigation. Does the court consider facts …
The Meaning Of Kansas: Lessons From A Pro-Life Defeat, Elizabeth Kirk
The Meaning Of Kansas: Lessons From A Pro-Life Defeat, Elizabeth Kirk
Scholarly Articles
The recent defeat of a pro-life constitutional amendment in Kansas was not a consequence of strategic overreach, nor was it a rebuke of Dobbs. In fact, it followed from the difficulty of communicating complex legal and political principles, as well as navigating the fear and distortion generated by abortion advocates and their media allies. To help secure a pro-life future, we must learn the correct lessons of the Kansas loss, including the need to harness the emotional power of truthful narrative to shape political choices.
Recovering Classical Legal Constitutionalism: A Critique Of Professor Vermeule’S New Theory,, Kevin C. Walsh
Recovering Classical Legal Constitutionalism: A Critique Of Professor Vermeule’S New Theory,, Kevin C. Walsh
Scholarly Articles
Professor Adrian Vermeule has provoked renewed interest in the relationship between the classical natural law tradition and the Constitution of the United States with his book, Common Good Constitutionalism: Recovering the Classical Legal Tradition. As scholars self-consciously working in that tradition, we welcome contemporary attention to that perennial legal philosophy. Yet in reading and rereading the book, we found ourselves frustrated with it, notwithstanding the apparent agreement we shared with the author at some abstract level of principle. And that abstraction, it turns out, is just the problem with the book’s application of the classical legal tradition to constitutional law. …
Empathic Solidarity On The Frontline, Julie A. Dahlstrom
Empathic Solidarity On The Frontline, Julie A. Dahlstrom
Faculty Scholarship
Jacqueline Bhabha's important article, The Imperative of Sustaining (Rather Than Destroying) Frontline Empathic Solidarity for Distress Migrants, highlights the pivotal role that "frontline communities" now play in international migration. Bhabha explores how frontline communities frequently lack the infrastructure, political will, and resources to respond adequately to "distress migrants." Yet, she unearths the potential of "empathic solidarity" to counteract bias and, more optimistically, provide a "welcoming and humanizing experience" to migrants. Indeed, in this hopeful, ambitious article, Bhabha posits that empathic solidarity can play a significant generative role for migrants' rights.
Filing While Black: The Casual Racism Of The Tax Law, Steven Dean
Filing While Black: The Casual Racism Of The Tax Law, Steven Dean
Faculty Scholarship
The tax law's race-blind approach produces bad tax policy.' This Essay uses three very different examples to show how failing to openly and honestly address race generates bias, and how devastating the results can be.2 Ignoring race does not solve problems; it creates them. ProPublica has shown, for example, that because of the perils of filing income taxes while Black, the five most heavily audited counties in the United States are Black and poor.
The racial bias long tolerated-and sometimes exploited-by tax scholars and policymakers affects all aspects of the tax law. In 1986, Sam Gilliam was denied tax …
Should Labor Abandon Its Capital? A Reply To Critics, David H. Webber
Should Labor Abandon Its Capital? A Reply To Critics, David H. Webber
Faculty Scholarship
Several recent works have sharply criticized public pension funds and labor union funds (“labor’s capital”). These critiques come from both the left and right. Leftists criticize labor’s capital for undermining worker interests by funding financialization and the growth of Wall Street. Laissez-faire conservatives argue that pension underfunding threatens taxpayers. The left calls for pensions to be replaced by a larger social security system. The libertarian right calls for them to be smashed and scattered into individually-managed 401(k)s. I review this recent work, some of which is aimed at my book, The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon, …
Four Privacy Stories And Two Hard Cases, Jessica Silbey
Four Privacy Stories And Two Hard Cases, Jessica Silbey
Faculty Scholarship
In the context of reviewing Scott Skinner's book "Privacy at the Margins" (Cambridge University Press, 2021), this article discusses four "privacy stories" (justifications for and explanation of the application of privacy law) that need substantiation and reinterpretation for the 21st century and for what I call "fourth generation" privacy law and scholarship. The article then considers these stories (and Skinner's analysis of them) in light of two "hard" cases, one he discusses in his book and one recently decided by the Massachusetts Supreme Judicial Court, both concerning privacy in taking and dissemination of photographs.
The Federal Response To Covid-19: Lessons From The Pandemic, Nancy J. Knauer
The Federal Response To Covid-19: Lessons From The Pandemic, Nancy J. Knauer
UC Law Journal
When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of pages. The George W. Bush administration spearheaded national pandemic planning in 2005 as part of the post-September 11 efforts to modernize the country’s disaster response capabilities. Subsequent administrations revisited and revised the various pandemic plans, including the Trump administration as recently as 2017 and 2018.
Despite these detailed plans, the Trump administration was slow to respond to the emerging public health crisis or implement any of …
Big Bad Roe, B. Jessie Hill
Big Bad Roe, B. Jessie Hill
Faculty Publications
Now that Roe v. Wade is gone, what should replace it? This moment presents a rare opportunity to re-imagine the right to reproductive autonomy, given that the longstanding constitutional framework governing that right has been tossed out the window. For the most part, constitutional litigation over the right to abortion has shifted to state courts and is brought under state constitutions. Thus, as state courts begin to recognize the existence of a constitutional right to reproductive autonomy under state constitutions, they must decide what the right looks like. In several cases currently being litigated in state courts, advocates have argued …
Response To Wasserman And Rhodes: The Texas S.B. 8 Litigation And “Our Formalism”, B. Jessie Hill
Response To Wasserman And Rhodes: The Texas S.B. 8 Litigation And “Our Formalism”, B. Jessie Hill
Faculty Publications
In Solving the Procedural Puzzles of the Texas Heartbeat Act and Its Imitators: The Limits and Opportunities of Offensive Litigation, Professors Howard Wasserman and Rocky Rhodes explain why the U.S. Supreme Court correctly rejected the pre-enforcement legal challenge brought by abortion providers challenging Texas’s draconian abortion law, S.B. 8, which was specifically designed to evade such challenges. Wasserman and Rhodes also provide grounds for hope on the part of future similarly situated challengers to S.B. 8 copycat laws, outlining a route by which the clinics could have engaged in offensive federal-court litigation against “any person” plaintiffs who seek to …
The Covid Care Crisis And Its Implications For Legal Academia, Cyra A. Choudhury
The Covid Care Crisis And Its Implications For Legal Academia, Cyra A. Choudhury
FIU Law Review
From February 2020, when the SARS COVID virus began to have global effects until now, the world has been in the midst of the worst viral pandemic in recent memory. No country was prepared for the rapid escalation of the spread of the virus worldwide that has taken nearly five million lives globally and over 700,000 in the United States alone. Even in March and April 2020, although cities had begun to quarantine and lockdown, none could have predicted the surges of cases and the longevity of the pandemic. Schools and businesses were closed only to open again and close …
The Foundational Care Crisis, Stephanie M. H. Moore
The Foundational Care Crisis, Stephanie M. H. Moore
FIU Law Review
This article examines the care crisis as the systemic issue that it is—starting from my personal story—because my story is the story of many women—and many caregivers. Teaching business law and ethics to undergraduates, I often encounter a primary question: what is the role of social issues in a business course? Sometimes students struggle with this initial hurdle of understanding why we study diversity, equity, inclusion, and justice in the workplace. Why—for example—would we focus on lack of family leave as a primary barrier a successful business. The second question is—of course—what can we do? Social and societal issues are …
The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko
The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko
FIU Law Review
Law students have been faced with unparalleled stress during the syndemic. They must cope with being students during the COVID-19 pandemic but also must deal with stress related to social and political unrest. This essay recommends that law schools apply social support theory in developing interventions to effectively address the needs of law students now and in the future. Social support theory focuses on the value and benefits one receives from positive interpersonal relationships. These positive relationships impact both mental and physical health and promote beneficial short and long-term overall health. However, not all supports are the same, and social …
Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand
Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand
FIU Law Review
The religious lawyer is an individual who understands his or her religious practice to be a way of life and who, within the context of a commitment to his or her religious practice as such, takes up the professional practice of law. Unquestionably, this individual is worthy of our respect, given the seriousness with which the individual approaches his or her faith. At the same time, it is precisely this seriousness that points us in a direction that is perhaps difficult for many to go. Specifically, because a way of life represents a total activity of the self from which …
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
FIU Law Review
International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery …
Pushing New Frontiers: Extending Neil To Peremptory Challenges Based On Religious Affiliations, Shirley A. Miranda
Pushing New Frontiers: Extending Neil To Peremptory Challenges Based On Religious Affiliations, Shirley A. Miranda
FIU Law Review
Today, when it comes to peremptory challenges during jury selection in Florida, it is impermissible to strike a venireperson on the basis of their race, ethnicity,or gender. However, as recent as January 2020, the Florida Supreme Court has declined to adjudge whether it is also impermissible to strike a venireperson on the basis of their religious affiliation. Thiscomment will address the aspect of religion and its impact on persons sitting in judgment against others generally and whether religious affiliation qualifies as a valid ground for a peremptory challenge as both the Florida and federal standards for disqualifications are silent as …
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
FIU Law Review
There are roughly 700 Confederate monuments still standing in courthouse lawns, parks, and downtown squares in virtually every city, town, and village throughout the “Old South.” Most of these Confederate monuments are located in states that have enacted legislation that bans the removal of Confederate monuments. Such legislative bans are in effect in Alabama, Georgia, Kentucky Mississippi, North Carolina, South Carolina, and Tennessee. Legislation that bans removal of Confederate monuments from public spaces poses a racial justice issue for millions of residents in these states because it forces political majorities in Southern communities (many constituting majority-minority communities) to host a …
Who Can Protect Black Protest?, Brandon Hasbrouck
Who Can Protect Black Protest?, Brandon Hasbrouck
University of Pennsylvania Law Review Online
No abstract provided.
Mass Exploitation, Samir D. Parikh
Mass Exploitation, Samir D. Parikh
University of Pennsylvania Law Review Online
No abstract provided.