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2013

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Articles 661 - 671 of 671

Full-Text Articles in Law and Society

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine Dec 2012

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine

2013 marks the 50th anniversary of Letter From Birmingham Jail written by the late Reverend Dr. Martin Luther King, Jr. (“King”). After being arrested on Good Friday in Birmingham, Alabama, King wrote the famous letter as an indictment against the state of racial injustice in the Deep South. Indeed, for King, the American Civil Rights Movement (“the Movement”) was born in response to the legal system’s contradiction between ideals of law and justice and the reality of racial discrimination. In the fifty years since King wrote Letter From Birmingham Jail, much has changed in America. In addition to the Movement …

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Not Only ‘Who Decides’: The Rhetoric Of Conflicts Over Judicial Appointments, Fernando Muñoz Dec 2012

Not Only ‘Who Decides’: The Rhetoric Of Conflicts Over Judicial Appointments, Fernando Muñoz

Fernando Muñoz

This article looks at the conflicts surrounding the appointment of constitutional judges, focusing not so much on the characteristics of particular candidates but on the debates that they give rise to. Who are the actors in these conflicts? What arguments do they employ? What are their agendas? What is at stake in these disputes?

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“Legislated Isomorphism Of Immigrant Religions: Lessons From Sweden”, Gwendolyn Yvonne Alexis Dec 2012

“Legislated Isomorphism Of Immigrant Religions: Lessons From Sweden”, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

No abstract provided.

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Deciding To Cross: The Norms And Economics Of Unauthorized Migration, Emily Ryo Dec 2012

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 …

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Black Marriage, White People, Red Herrings, Melissa Murray Dec 2012

Black Marriage, White People, Red Herrings, Melissa Murray

Melissa Murray

No abstract provided.

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Emerging Technologies And Dwindling Speech, Jorge R. Roig Dec 2012

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …

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The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan Dec 2012

The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan

Donald J. Kochan

This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines—property, tort, and contract—have their own separate and distinct existence. In this Article, a broad property concept is not focused just on things or on sticks related to things but instead is defined as relating to all things owned. These things may include one’s self and all the key elements associated with this broader set of things owned—including the right to exclude, ownership, dominion, authority, …

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Whither Workforce Housing?, Matthew J. Parlow Dec 2012

Whither Workforce Housing?, Matthew J. Parlow

Matthew Parlow

The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts.This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities - and some states - adopted various laws and policies to spur the creation of workforce housing: that is, …

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Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones Dec 2012

Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones

Brian Christopher Jones

While many international lawmaking jurisdictions have incorporated plain language principles for statutory drafting, the United States remains reluctant, and subsequently has no official policy on employing such principles for the drafting of federal legislation. Though Executive Orders and congressional statutes regarding plain writing have recently been enacted, these have been aimed at Executive Agency regulations and communications, not statutes. This article explores the current prospects of plain language implementation for U.S. statutory law, relying primarily on interviews from Congressional insiders, including lawmakers, staffers and legal/political journalists. Responses demonstrated that plain language standards for statutory law in the U.S. do not …

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Manipulating Public Law Favorability: Is It Really This Easy?, Brian Christopher Jones Dec 2012

Manipulating Public Law Favorability: Is It Really This Easy?, Brian Christopher Jones

Brian Christopher Jones

Can favorability for public laws be manipulated merely by changing the short title of the bill or act? Based on an exploratory survey of undergraduate students from the University of Stirling, the results suggest that naming may indeed play a small but significant part of the assessment. Employing five different types of short titles, it was found that “evocative” titles attracted higher favorability ratings than the “descriptive/ technical” titles. Additionally, the survey found that most participants were satisfied with a short vignette of information on the bill or law rather than further explanation, and a notable number of participants supported …

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Plain English Hong Kong Articles Of Association, Bryane Michael Dec 2012

Plain English Hong Kong Articles Of Association, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This draft provides a plain English version of Hong Kong's Form B Model Articles of Association. I provide it here mostly so I can easily download it later for my own use.

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