Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (2)
- Constitutional Law (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- Administrative Law (1)
-
- Banking and Finance Law (1)
- Business (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Family Law (1)
- Family, Life Course, and Society (1)
- Feminist, Gender, and Sexuality Studies (1)
- Gender and Sexuality (1)
- Immigration Law (1)
- Law and Gender (1)
- Legal History (1)
- Legal Remedies (1)
- Legislation (1)
- Near Eastern Languages and Societies (1)
- Organizational Behavior and Theory (1)
- Other Philosophy (1)
- Other Religion (1)
- Philosophy (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Race and Ethnicity (1)
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Public Law and Legal Theory
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
All Faculty Scholarship
U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …
Immigration, Association, And The Family, Matthew J. Lister
Immigration, Association, And The Family, Matthew J. Lister
All Faculty Scholarship
In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …
New Governance In The Teeth Of Human Frailty: Lessons From Financial Regulation, Cristie L. Ford
New Governance In The Teeth Of Human Frailty: Lessons From Financial Regulation, Cristie L. Ford
Cristie L. Ford
New Governance scholarship has made important theoretical and practical contributions to a broad range of regulatory arenas, including securities and financial markets regulation. In the wake of the global financial crisis, question about the scope of possibilities for this scholarship are more pressing than ever. Is new governance a full-blown alternative to existing legal structures, or is it a useful complement? Are there essential preconditions to making it work, or can a new governance strategy improve any decision making structure? If there are essential preconditions, what are they? Is new governance “modular” – that is, does it still confer benefits …