Law and Society Commons^™

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.

Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat

Georgia Journal of International & Comparative Law

No abstract provided.

Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray

University of Massachusetts Law Review

In an effort to reconcile the inconsistency between liberal ideals and inequitable adjudication of marriage rights amongst our citizens, this article will seek answers to these issues. By straddling the contractual confines of marriage via law and economic analysis, Part II of the article explores the contractual paradigm of marriage to examine whether the framework is independent of sexual orientation and it the deliberately incomplete nature of marriage can provide consistencies for all types of marriages. Part III examines whether the private aspiration of marriage should necessarily be linked with public consequences by evaluating the impact of marriage’s social cost …

What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey

Touro Law Review

No abstract provided.

The Week After, Lawrence K. Karlton

Touro Law Review

No abstract provided.

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …

Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth R. Carter

Pace Law Review

The public policy favoring testamentary bequests to charities is well established in the law. However, that public policy can, and does, conflict with other equally well-founded public policies. When confronted with this conflict, courts are often dismissive or even hostile towards the parties seeking to challenge a testamentary bequest to a charity. I argue that the policy favoring charitable giving has gone too far and has, in some instances, undermined other important public policies. Specifically, courts and legislators have strengthened the charitable bequest policy without giving enough consideration to other, equally important public policies. This problem is not new. History …

On Apology, Robert Ward

University of Massachusetts Law Review

On February 16, 2006, Dr. Aaron Lazare, Dean and Chancellor of the University of Massachusetts Medical Center, addressed an assembly at the Southern New England School of Law on his critically acclaimed book entitled: “On Apology!” According to Dr. Lazare, to be an effective apology, there must be acknowledgement, remorse, explanation and reparation. Dr. Lazare advances the hypothesis that the current proliferation of cases in our legal system is predicated on the concept that often the aggrieved party was not the beneficiary of an effective apology. In the context of the patient-physician relationship, an effective apology means telling the patient …

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

University of Massachusetts Law Review

Dan Subotnik responds to Richard Delgado, Standardized Testing as Discrimination: A Reply to Dan Subotnik, 9 U. Mass. L. Rev. 98 (2014).

A Different Kind Of Justice: Review 2, Claudia Taranto

RadioDoc Review

A Different Kind of Justice tells the story of two people who met across a table in a restorative justice (RJ) conference, facilitated by Karl James, an RJ professional. Margaret’s home is robbed; Ian, a burglar and heroin addict, took a few small items, including a laptop with all her family photos. Margaret reveals that her daughter Jessica died in a car accident a few months after the burglary and the missing photos now mean so much more to the family.

The program is essentially interviews with the two characters, intercut, as they each tell their version of their shared …

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …

A Different Kind Of Justice: A Critical Reflection, Cassandra Sharp Dr

RadioDoc Review

Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind of …

More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry

The Journal of Business, Entrepreneurship & the Law

The benefit corporation movement has been associated with the separate camps of social entrepreneurship, nonprofit organizations, and for-profit corporations, while trying to establish itself as a community of businesses that pursue not only profit, but also environmental and social good. This article examines the legal attributes of benefit corporation legislation and articulates why incorporating as a benefit corporation can be an excellent business decision. Lastly, the article looks at how the movement can further expand in California.

Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar

Georgia Journal of International & Comparative Law

No abstract provided.

Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu

Georgia Journal of International & Comparative Law

No abstract provided.

German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson

Georgia Journal of International & Comparative Law

No abstract provided.

Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose

Michigan Law Review

Across the country, underresourced indigent-defense systems create delays in taking cases to trial at both the state and federal levels. Attempts to increase funding for indigent defense by bringing ineffective assistance of counsel claims have been thwarted by high procedural and substantive hurdles, and consequently these attempts have failed to bring significant change. This Note argues that, because ineffective assistance of counsel litigation is most likely a dead end for system-wide reform, indigent defenders should challenge the constitutionality of underfunding based on the Sixth Amendment guarantee of speedy trial. Existing speedy trial jurisprudence suggests that the overworking and furloughing of …

Reinventing Copyright And Patent, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

Intellectual property systems all over the world are modeled on a one-size-fitsall principle. However important or unimportant, inventions and original works receive the same scope of protection, for the same period of time, backed by the same variety of legal remedies. Essentially, all intellectual property is equal under the law. This equality comes at a heavy price, however. The equality principle gives all creators access to the same remedies, even when those remedies create perverse litigation incentives. Moreover, society overpays for innovation through more monopoly losses than are strictly necessary to incentivize production. In this Article, we propose a solution …

The Future Of Canadian Federalism, Susan Lavergne

Georgia Journal of International & Comparative Law

No abstract provided.

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.

The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.

What God Has United Man Will Now Divide: Divorce Referendum Changes Law Of 60 Years, Laura A. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.

Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson

Georgia Journal of International & Comparative Law

No abstract provided.

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.

The Connection Between A Property-Based Legal System And National Prosperity: Example From A Divided Germany Reunified, O. Lee Reed, Florian A. Stamm

Georgia Journal of International & Comparative Law

No abstract provided.

Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras

Georgia Journal of International & Comparative Law

No abstract provided.

Dangers In De Facto Parenthood, Jeffrey A. Parness

University of Arkansas at Little Rock Law Review

No abstract provided.

Title Ix And Social Media: Going Beyond The Law, Emily Suran

Michigan Journal of Gender & Law

The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …