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Full-Text Articles in Law

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos Jan 2019

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan Nov 2017

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience.  Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO.  The same impetus toward devolution also surfaces in heated intra-national conflicts.  Recent calls for secession in Scotland, Catalonia, Québec, the Sudan, and even the United States reveal multiple political contexts in which questions have been raised about ...


Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez Nov 2017

Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez

Ian F. Haney-López

Discusses issues related to race relations in the United States using the `Hernandez v. Texas' case. Social constructionist understanding of Latino racial identity; Salience of race in Latino identity; Extent of Latino racialization; Question of the language of race's appropriateness.


Protest, Repression, And Race: Legal Violence And The Chicano Movement, Ian F. Haney-Lopez Nov 2017

Protest, Repression, And Race: Legal Violence And The Chicano Movement, Ian F. Haney-Lopez

Ian F. Haney-López

Examines the role played by legal violence in contributing to the emergence of a non-White identity among Mexicans in Los Angeles, California. Discussion on the social movement theory; Emphasis on the African-American struggle for equality as an initiator movement; Variations in human physiognomy.


Adr-Based Workplace Conflict Management Systems: A Case Of American Exceptionalism, Paul Teague, William Roche, Denise Currie, Tom Gormley Nov 2017

Adr-Based Workplace Conflict Management Systems: A Case Of American Exceptionalism, Paul Teague, William Roche, Denise Currie, Tom Gormley

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] The diffusion of ADR-based conflict management systems is a development increasingly highlighted in the literature. Organizations are seen as putting in place multiple procedures and practices so that different varieties of workplace conflict can be effectively addressed. Just why organizations are electing to introduce these integrated bundles of innovative conflict management practices is a matter of debate, but many view the development as transforming the manner in which workplace problems are managed in modern organizations, with some even pronouncing that it amounts to the rewriting of the social contract at work (Lipsky and Seeber 2006). This paper argues that ...


Do Women Justices Matter?, Ashley Shula Oct 2017

Do Women Justices Matter?, Ashley Shula

The Eastern Illinois University Political Science Review

In recent years, women have started to have a considerable impact on the political process. While literature exists on women in Congress and in district court settings, little research exists on the role played by female Supreme Court Justices. The author attempts to shed light on the impact of female justices by assessing statements made by the justices, in addition to their voting records. The author finds that the new women Supreme Court Justices have had little impact so far, but offers that perhaps as time goes on, this will change.


A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington Oct 2017

A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington

The Eastern Illinois University Political Science Review

For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.


Reflections On Firearms And The Criminal Law, Franklin E. Zimring Oct 2017

Reflections On Firearms And The Criminal Law, Franklin E. Zimring

Franklin E. Zimring

The article presents the author's opinion on firearms and violence. Firearms and firearms control have never been an important issue in criminal law scholarship, even though firearms are used in many violent crimes and the criminal law is the principal mechanism used to regulate gun ownership and use in the U.S. Concern about violence and its control is the major reason for interest in firearms and firearms control, but what is not so clear is why a focus on violence emerged in the 1990s. The homicide rate in the U.S. doubled betweem 1964 and 1974 and has ...


Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2017

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Systems For Conflict Resolution In Comparative Perspective, Martin Behrens, Alexander Colvin, Lisa Dorigatti, Andreas H. Pekarek Oct 2017

Systems For Conflict Resolution In Comparative Perspective, Martin Behrens, Alexander Colvin, Lisa Dorigatti, Andreas H. Pekarek

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] It is a cornerstone of industrial relations (IR) theory that the potential for conflict is inherent to the employment relationship. Across countries, forms of workplace conflict and methods of conflict resolution take a range of different forms. Yet aside from attempts to understand cross-national variation in strikes, there is little research examining systemic differences in the manifestation and management of workplace conflict (a notable exception is Roche et al. 2014). The following analysis seeks to fill this void by analyzing through a comparative lens practices for addressing employment related conflict in four countries: Germany, Italy, the US and Australia.


Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting ...


Immigrants Benefit The Community And Economy, Jenny Minier Sep 2017

Immigrants Benefit The Community And Economy, Jenny Minier

Center for Equality and Social Justice Position Papers

Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are ...


Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil Sep 2017

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal on Sexual Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the impact ...


War Time Hysteria, 1917: Senator Miles Poindexter, 'American-Ness,' And The Strange Case Of Colonel Carl Reichmann, Joshua E. Kastenberg Aug 2017

War Time Hysteria, 1917: Senator Miles Poindexter, 'American-Ness,' And The Strange Case Of Colonel Carl Reichmann, Joshua E. Kastenberg

Joshua E. Kastenberg

One hundred years ago, after the United States entered into World War I, Congress passed the Espionage Act and other significant limitations on basic freedoms. Several state governments likewise vigorously prosecuted alleged "subversives" under anti-syndicalism acts. The diminution of basic rights and the treatment of ethnic German minorities has been the subject of scholarship since. However, the treatment of German minorities in the armed forces has not been thoroughly studied, even though such a study could add to the broader field of civil-military relations. Nor has the wartime behavior of legislators in regard to the armed forces as well as ...


The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales Aug 2017

The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales

University of Miami International and Comparative Law Review

No abstract provided.


Comparative Defamation Law: England And The United States, Vincent R. Johnson Aug 2017

Comparative Defamation Law: England And The United States, Vincent R. Johnson

University of Miami International and Comparative Law Review

No abstract provided.


A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez Aug 2017

A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez

University of Miami International and Comparative Law Review

No abstract provided.


Us-Cuba Trade And The Challenge Of Diversifying A Sugar Economy, 1902-1962, Carmen Diana Deere Aug 2017

Us-Cuba Trade And The Challenge Of Diversifying A Sugar Economy, 1902-1962, Carmen Diana Deere

Florida Journal of International Law

Prior to the Cuban Revolution of 1959, Cuban exports to the United States held a privileged position in the US market. Many of the country’s exports paid at least 20% less in duties than competitors and after 1934, Cuba’s main export—sugar-- had a guaranteed quota in the US market. Yet these trade agreements—specifically, the Reciprocity Convention of 1902 and the Reciprocal Trade Agreement of 1934—have often been criticized by Cuban and US scholars alike as having condemned Cuba to a monoculture economy.

Moreover, critics contend that the treaties led to the dominance of US capital ...


Supreme Court Term In Review: Ot 2016, Donald Roth Aug 2017

Supreme Court Term In Review: Ot 2016, Donald Roth

Faculty Work: Comprehensive List

"Even though the Court is expected to be apolitical, there are many who assume that the judges are beholden to party politics."

Posting about recent major cases before the U.S. Supreme Court from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

http://inallthings.org/supreme-court-term-in-review-ot-2016/


The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky Jul 2017

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky

Hari Osofsky

This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.


Keeping Up With New Legal Titles, Franklin L. Runge Jun 2017

Keeping Up With New Legal Titles, Franklin L. Runge

Franklin L. Runge

In this book review, Franklin L. Runge discusses The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (2016) by Laura K. Donohue.


Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey S. Lubbers Jun 2017

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski Jun 2017

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Jayesh Rathod

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the ...


Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper May 2017

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Catherine Fisk

No abstract provided.


Justice Scalia And Sherman Act Textualism, Alan Meese May 2017

Justice Scalia And Sherman Act Textualism, Alan Meese

Faculty Publications

No abstract provided.


Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller May 2017

Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller

Political Science Student Scholarship

This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.


Migration And Injustice In The Neoliberal Era: A Comparative Analysis Of Migratory Laws And Sweatshop Labor Conditions In Argentina And The United States, Kelly L. Johnson Apr 2017

Migration And Injustice In The Neoliberal Era: A Comparative Analysis Of Migratory Laws And Sweatshop Labor Conditions In Argentina And The United States, Kelly L. Johnson

Spanish Honors Papers

In the contemporary neoliberal era, the global phenomenon of migration dominates the international political discourse and generates empirical and normative questions regarding the admission, rights, and realities of migrants who leave their home countries to live elsewhere. Argentina and the United States are countries in which migration was, and continues to be, a main factor in shaping the nation’s identity. Despite the similar migratory phenomenon in both of these countries, their migratory policies vastly differ—Argentina considers migration to be a right, but the United States constantly strengthens its efforts to deter migrants from entering the country. Even though ...


What Might Tax Reform Look Like?, Donald Roth Apr 2017

What Might Tax Reform Look Like?, Donald Roth

Faculty Work: Comprehensive List

"When it comes to tax reform, it has been most consistently successful when lower rates are coupled with reduced complexity and closed loopholes."

Posting about changing American tax plans from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

http://inallthings.org/what-might-tax-reform-look-like/


5 Things You May Not Know About Our Tax System, Donald Roth Apr 2017

5 Things You May Not Know About Our Tax System, Donald Roth

Faculty Work: Comprehensive List

"Let’s take a look at some important features of our tax system of which you might not be aware."

Posting about current American tax practices from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

http://inallthings.org/5-things-you-may-not-know-about-our-tax-system/


How Did We Get Our Tax System? (And What Can That Teach Us About Reforming It?), Donald Roth Apr 2017

How Did We Get Our Tax System? (And What Can That Teach Us About Reforming It?), Donald Roth

Faculty Work: Comprehensive List

"In celebration of the 30th compliance year of the Internal Revenue Code, I’ve compiled three articles covering the past, present, and future of America’s tax system."

Posting about ­­­­­­­­the history of American taxation from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

http://inallthings.org/how-did-we-get-our-tax-system-and-what-can-that-teach-us-about-reforming-it/