Law and Society Commons^™

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington

Tanya Monique Washington

No abstract provided.

The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker

Anne Tucker

No abstract provided.

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations

David Gamage

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification – a fact that has confounded generations of scholars and created a mess of case law. This paper argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability …

Mobility And Community In Urban Policy, Kenneth Stahl

Kenneth Stahl

Urban policymakers have long debated whether to focus on people or on places. Should the government give poor people the means to leave deteriorated neighborhoods, or attempt to bolster such neighborhoods by reinforcing the social norms of the community? Should cities direct the police to crack down on low-level crime, or foster informal connections between the police and local institutions? Definitive answers to these questions have been elusive, but Robert Sampson’s new book GREAT AMERICAN CITY, perhaps the most ambitious work of urban sociology in a generation, provides some needed insight. Using a massive set of data, Sampson demonstrates that …

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Deciding To Cross: The Norms And Economics Of Unauthorized Migration, Emily Ryo

Emily Ryo

Why are there so many unauthorized migrants in the United States? Using unique survey data collected in Mexico through the Mexican Migration Project, I develop and test a new decisionmaking model of unauthorized labor migration. The new model considers the economic motivations of prospective migrants, as well as their beliefs, attitudes, and social norms regarding U.S. immigration law and legal authorities. My findings show that perceptions of certainty of apprehension and severity of punishment are not significant determinants of the intent to migrate illegally; however, perceptions of availability of Mexican jobs and the dangers of border crossing are significant determinants …

“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas

Andrés Fabián Henao-Castro

No abstract provided.

Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia

Dr Gabriel Garcia

No abstract provided.

“Fraude Académico: Comparaciones Entre Dos Universidades Colombianas”, Andrés Henao Castro, Mauricio García Villegas, José Mejía, Claudia Ordóñez

Andrés Fabián Henao-Castro

No abstract provided.

Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan

Rose Corrigan

No abstract provided.

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …