Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (604)
- Selected Works (395)
- University of Pittsburgh School of Law (258)
- University of Colorado Law School (122)
- SelectedWorks (108)
-
- Singapore Management University (65)
- St. Mary's University (57)
- BLR (53)
- University at Buffalo School of Law (39)
- University of North Florida (38)
- University of Rhode Island (36)
- University of Nebraska - Lincoln (31)
- Seattle University School of Law (28)
- City University of New York (CUNY) (27)
- Roger Williams University (26)
- Maurer School of Law: Indiana University (25)
- Duke Law (23)
- Montclair State University (22)
- University of Arkansas, Fayetteville (21)
- Cornell University Law School (19)
- Northwestern Pritzker School of Law (19)
- Golden Gate University School of Law (16)
- Penn State Dickinson Law (16)
- Washington University in St. Louis (14)
- University of Wollongong (13)
- Touro University Jacob D. Fuchsberg Law Center (12)
- University of Kentucky (12)
- Claremont Colleges (10)
- SIT Graduate Institute/SIT Study Abroad (10)
- University of New Hampshire (10)
- Keyword
-
- Law and Society (180)
- Economics (132)
- Law (94)
- Law and Economics (89)
- Politics (87)
-
- Legislation (77)
- Jurisprudence (73)
- Corporations (65)
- Race (62)
- Public Law and Legal Theory (53)
- Constitutional Law (47)
- Discrimination (46)
- Human rights (46)
- Women (45)
- Copyright (43)
- Criminal law (41)
- Social Welfare (41)
- United States (41)
- Antitrust (40)
- Criminal Law and Procedure (40)
- Climate change (39)
- Courts (39)
- Regulation (39)
- Intellectual property (38)
- Civil rights (36)
- Prostitution (36)
- Constitutional law (35)
- Democracy (35)
- Justice (35)
- Gender (34)
- Publication Year
- Publication
-
- All Faculty Scholarship (601)
- Articles (229)
- Paulo Ferreira da Cunha (107)
- Research Collection Yong Pung How School Of Law (65)
- ExpressO (51)
-
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (38)
- Donna M. Hughes (36)
- Book Chapters (35)
- Dignity: A Journal of Analysis of Exploitation and Violence (34)
- Faculty Scholarship (34)
- The Scholar: St. Mary's Law Review on Race and Social Justice (34)
- Nicos Trimikliniotis (33)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Professor Katina Michael (25)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- Seattle University Law Review (21)
- Journal of Food Law & Policy (20)
- Journal Articles (18)
- Lisa PytlikZillig Publications (17)
- Northwestern Journal of Law & Social Policy (17)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (16)
- Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal (16)
- Department of Justice Studies Faculty Scholarship and Creative Works (15)
- Dickinson Law Review (2017-Present) (15)
- St. Mary's Law Journal (15)
- Articles by Maurer Faculty (14)
- Cornell Law Faculty Publications (14)
- Nancy Levit (14)
- Scholarship@WashULaw (14)
- Buffalo Law Review (13)
- Publication Type
Articles 31 - 60 of 2408
Full-Text Articles in Law and Society
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Senior Theses and Projects
This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …
Prostitution And Pornography: Reforming A Perspective, Mayce Combs
Prostitution And Pornography: Reforming A Perspective, Mayce Combs
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …
The American Debate Between Toleration And Liberty Of Conscience, Zachary Federico
The American Debate Between Toleration And Liberty Of Conscience, Zachary Federico
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland
Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland
Baker Scholar Projects
The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …
Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez
Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez
Theses & Dissertations
The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.
This study used …
The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi
The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …
Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi
Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Sikhism is the fifth largest religion in the world, with approximately thirty million followers of the faith worldwide. It is a monotheistic faith that teaches honesty, compassion, humility, universal equity, and respect for all religions. Since the 1984 genocide of Sikhs in India, many followers of the faith have immigrated to Western countries in hopes of “the American dream” and the prospect of freely practicing their faith. But as a devastating response to the tragedy of 9/11, members of the Sikh community living in the United States have become victims of hate crimes, workplace discrimination, school bullying, and …
Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
Psychology Faculty Scholarship
A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as …
The Quest To End Human Trafficking: An Educational And Practical Guide For Everyone Who Wants To Help Break The Bonds And Assist Survivors, Dennis W. Mccarty
The Quest To End Human Trafficking: An Educational And Practical Guide For Everyone Who Wants To Help Break The Bonds And Assist Survivors, Dennis W. Mccarty
Emergency Preparedness, Homeland Security, and Cybersecurity Faculty Scholarship
People often assume that only legislators and law enforcement personnel can take meaningful steps to fight human trafficking, one of the most lucrative transnational crimes in the world. This inquiry sought to assess the validity of that belief. The study was informed by the author’s experience as a college instructor of human trafficking and the inspiration he drew from the range and quality of his students’ projects.
The methodology included examining the strategies that governmental and non-governmental organizations are using to fight trafficking and assist survivors. It also considered the work of individual activists and service providers such as social …
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
Senior Theses and Projects
The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …
A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush
A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush
Senior Theses
This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …
Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary
Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary
Independent Study Project (ISP) Collection
Since the populist Kaid Said has risen to the office of the presidency in Tunisia, the country has been experiencing its largest threat to its hard-fought democracy since the 2011 Revolution. In this paper, I argue that Tunisian judges have utilized off-bench resistance tactics to protect their own autonomy from executive encroachment. I find that judges’ strikes are the dominant form of off-bench resistance. I explain this by looking at the relationships that judges’ unions maintain with other civil society organizations and unions, particularly the UGTT. I argue that the post-revolutionary environment, the strong union culture in Tunisia, and the …
Sticky Situations: Understanding The Law And Life, Krystal Banks
Sticky Situations: Understanding The Law And Life, Krystal Banks
National Youth Advocacy and Resilience Conference
Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.
2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law
2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala
The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala
Theses and Dissertations
The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …
The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud
The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud
Doctorate in Education
This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …
Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev
Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev
Pace International Law Review
The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …
Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela
Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …
The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah
The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah
Book Chapters
This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Book Chapters
In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
Book Chapters
Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented connectivity and interdependence, working toward multilateral solutions for global challenges, whether in climate change through the UNFCCC or in trade via the World Trade Organization, has become increasingly complex. This rise in complexity within the international landscape has not been met with proportional attention to cooperation, conflict resolution, and harmonizing human values.
It is relevant to highlight the intersection between the International Criminal Court (ICC) and broader questions within international humanitarian law, (IHL) its interconnections and intertwinement with International Criminal …
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …
Artificial Intelligence And Contract Formation: Back To Contract As Bargain?, John Linarelli
Artificial Intelligence And Contract Formation: Back To Contract As Bargain?, John Linarelli
Book Chapters
Some say AI is advancing quickly. ChatGPT, Bard, Bing’s AI, LaMDA, and other recent advances are remarkable, but they are talkers not doers. Advances toward some kind of robust agency for AI is, however, coming. Humans and their law must prepare for it. This chapter addresses this preparation from the standpoint of contract law and contract practices. An AI agent that can participate as a contracting agent, in a philosophical or psychological sense, with humans in the formation of a con-tract will have to have the following properties: (1) AI will need the cognitive functions to act with intention and …
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Book Chapters
In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.
This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …
Sustainability In Public Procurement, Corporate Law And Higher Education (Introduction), Paolo Davide Farah
Sustainability In Public Procurement, Corporate Law And Higher Education (Introduction), Paolo Davide Farah
Book Chapters
Lela Mélon’s edited collection brings a fresh perspective to the intricate relationship between corporations and sustainability. The book focuses on the role of state actors in boosting environmental protection and the increasing importance of state awareness on environmental crises. Whether it is procurement, or education or corporate governance, we are witnessing a proactive stance of the state that is balancing economic growth with ecological concerns. The difficulties faced in forcing a particular conduct in the private sphere is reviewed in detail in the book, along with national laws and regulations that, rather than promoting environmental protection, have had the opposite …
Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman
Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman
Catholic University Journal of Law and Technology
The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.
This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees, Caleb Goltz
The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees, Caleb Goltz
Animal Studies Journal
This article offers a legal explanation for the decline of honeybees. While most investigations into bee populations and bee survival rates have been scientific, this article provides an additional set of causes, showing how our legal definitions of property and standards of negligence contribute to a landscape hostile to the lives of bees. Examining recent litigation in the United States and Canada, it shows how legal concepts of property impact the lives of bees, especially in cases of pesticide overspray near property boundaries, and in the forms of knowledge and ignorance in play in contesting duties of care in negligence …
Surveillance Normalization, Christian Sundquist
Surveillance Normalization, Christian Sundquist
Articles
Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public surveillance as a result of the COVID-19 pandemic give rise to the normalization of surveillance in day-to-day life, with serious consequences for racialized communities and other marginalized groups. This article explores the legal and regulatory effects of surveillance normalization, as well as how to protect civil rights and liberties …
Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole
Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole
Adultspan Journal
The scope of ‘women’s issues’ in counseling is an ever-evolving landscape. Recent events such as the reversal of Roe v. Wade and the disproportionate impact of COVID-19 on women serve as powerful reminders of the necessity of this focus while underscoring a deep-rooted history of oppressive patriarchal structures. Therefore, counselors must remain informed of the unique considerations surrounding adult women in counseling and acquire proficiency in versatile techniques to meet this population’s nuanced needs. This article examines the complexity of contemporary womanhood and explores the fundamentals of Feminist Counseling Theory (FCT), a holistic, multiculturally conscious, social justice theory in counseling. …