Other Law Commons^™

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

This paper contextualizes the struggles and contributions of Black motherhood and reproductive justice under police surveillance in Baltimore, Maryland. We conducted semi-structured interviews with mothers regarding their experiences and perceptions of policing in their community during the aftermath of the police-involved death of Freddie Gray. While the literature disproportionately focuses on Black males, little knowledge is known about the struggles and contributions of Black mothers in matters concerning police brutality and the fight against institutional violence. There still remains the question regarding the role of and impact on Black mothers during matters of institutional violence against Black children. We fill …

Negative Liberty Meets Positive Social Change, Anita Bernstein

Faculty Scholarship

No abstract provided.

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Perfect Plaintiffs, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Religion And Marriage Equality Statutes, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell

Scholarly Works

Access to justice efforts have been focused more on access than justice, due in part to the framing of access to justice issues around the presence or absence of lawyers. This article argues that access to justice scholars and activists should also think about social justice and provides a roadmap for running a legal services program geared toward making court systems more just. The article also further develops the concept of “poor people’s courts,” a term that has been used to describe courts serving large numbers of low-income people without representation. The article argues that access to justice efforts can …

Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein

Faculty Scholarship

No abstract provided.

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Contraceptive Sabotage, Leah A. Plunkett

Law Faculty Scholarship

This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …

The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

In this study, qualitative, in-depth interviews were conducted with 100 formerly incarcerated mothers to explore the relationship between attachment to children and desistance from criminal behavior. Exploratory data analysis revealed that mothers do believe that children play important roles in their desistance, consistent with the tenets of life course theory. However, children were also described as sources of great stress, which may in turn promote criminal behavior. Women also related desistance to reliance on self and a higher power, and to a desire to avoid future involvement with the criminal justice system. The article concludes with a call for more …

Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein

Faculty Scholarship

No abstract provided.

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Faculty Scholarship

No abstract provided.

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.

Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein

Faculty Scholarship

No abstract provided.

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Title Ix As Pragmatic Feminism, Deborah Brake

Articles

This paper uses Title IX as a vehicle for exploring the potential benefits of pragmatism for feminist legal theory. Title IX is unusual in antidiscrimination law for its eclectic approach to theory, drawing from liberal feminism, substantive equality, antisubordination and different voice models of equality at various points in the law's approach to gender equality in sports. This paper argues that Title IX, as a pragmatic approach to theory, provides a promising example of how feminist legal theory can draw from pragmatism to navigate the double-bind and the backlash.

Following an introduction in Part I, Part II of this Article …

Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin

Faculty Scholarship

No abstract provided.

Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Synergy Of Equality And Privacy In Women's Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

Faculty Scholarship

No abstract provided.

Engaging With The State About Domestic Violence: Continuing Dilemmas And Gender Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Elizabeth M. Schneider, Cynthia Grant

Faculty Scholarship

No abstract provided.