Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (9)
- Law and Society (7)
- Civil Rights and Discrimination (5)
- Human Rights Law (5)
- Law and Politics (5)
-
- Fourteenth Amendment (4)
- Jurisprudence (4)
- Public Law and Legal Theory (4)
- Criminal Law (3)
- Economics (3)
- Family Law (3)
- Law and Economics (3)
- Law and Gender (3)
- Second Amendment (3)
- Social and Behavioral Sciences (3)
- Arts and Humanities (2)
- Business (2)
- Business Law, Public Responsibility, and Ethics (2)
- Civil Law (2)
- Criminal Procedure (2)
- Economic Theory (2)
- Ethics and Political Philosophy (2)
- First Amendment (2)
- History (2)
- History of Philosophy (2)
- Inequality and Stratification (2)
- Labor Economics (2)
- Labor Relations (2)
- Publication
- File Type
Articles 1 - 11 of 11
Full-Text Articles in Social Welfare Law
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Walter J. Kendall lll
No abstract provided.
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …
No Prisoner Left Behind? Enhancing Public Transparency Of Penal Institutions, Andrea Armstrong
No Prisoner Left Behind? Enhancing Public Transparency Of Penal Institutions, Andrea Armstrong
Andrea Armstrong
Prisoners suffer life-long debilitating effects of their incarceration, making them a subordinated class of people for life. This article examines how prison conditions facilitate subordination and concludes that enhancing transparency is the first step towards equality. Anti-subordination efforts led to enhanced transparency in schools, a similar but not identical institution. This article argues that federal school transparency measures provide a rudimentary and balanced framework for enhancing prison transparency.
“Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees”, Tung Sing Wong Mr.
“Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees”, Tung Sing Wong Mr.
Tung Sing Wong Mr.
The article focuses on whether driver’s licenses that North Carolina recently issued to Deferred Action for Childhood Arrivals (DACA) grantees are obstacle preempted. DACA grantees do not have legal status, but are protected from removal. North Carolina issued new driver’s licenses that publicize the immigration status of DACA grantees. The issue is whether a state can publish the immigration status of individuals who do not have legal status in the U.S., but are nonetheless protected from removal. Additionally, the article explores how the interaction of the North Carolina licenses with 287(g), Secured Communities, and recent state law such as Arizona's …
The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate
The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate
Kaleb D Wingate
The interpretation of the Second Amendment has been the subject of increased litigation throughout the last several years. Challenges to the Second Amendment and related legislation tend to create polarized responses from various political organizations. These responses, commonly in the form of votes in our legislative branch, impede the progress of reasonable measures to reduce instances of violence across the country. Addressing gun violence in our country must be a goal which exceeds the interest of any political affiliate or lobby. This article suggests reasonable measures our government can take to address the growing problems with gun violence in the …
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Abraham Z Melamed
No abstract provided.
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer
Joe Custer
This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.
For Health's Sake Be Not Colorblind, Ruth Hackford-Peer
For Health's Sake Be Not Colorblind, Ruth Hackford-Peer
Ruth Hackford-Peer
The United States’ past ideology of overt state-sanctioned racism has been replaced by a covert, seemingly race-neutral ideology. This Article looks at the history of racism in the United States and traces the recent shift in ideology and discourse about race, positing that the discourse of “colorblindness” powerfully maintains the racial status quo while purporting to advance race neutrality. Then, using affirmative action as the lens from which to view these shifts in ideology and discourse, this Article analyzes racial disparities in health and healthcare. It highlights some of the health consequences people of color face because they live a …
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …
What's Wrong With Exploitation?, Justin Schwartz
What's Wrong With Exploitation?, Justin Schwartz
Justin Schwartz
Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …