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2015

Articles 1 - 7 of 7

Full-Text Articles in Law and Society

How The Justice System Fails Us After Police Shootings, Caren Morrison Dec 2015

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

Caren Myers Morrison

No abstract provided.

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The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi Oct 2015

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 …

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The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington Oct 2015

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

Tanya Monique Washington

No abstract provided.

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The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker Oct 2015

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

Anne Tucker

No abstract provided.

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All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

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

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.

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Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations Feb 2015

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 …

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Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun Sep 2013

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

Daniel A Farber

A unique and timely text in a burgeoning field, the Third Edition of Disaster Law and Policy takes a broad perspective that looks at the legal and political effects of disasters across the United States and around the world. Authors Daniel A. Farber, James Ming Chen, Robert R.M. Verchick, and Lisa Grow Sun examine the roles of lawyers and government in disaster prevention, emergency response, victim compensation, insurance, and rebuilding strategies. Materials include government reports, legal decisions, and readings drawn from a variety of disciplines. Memorable case studies and table-top exercises are added to help students evaluate and apply what …

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