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Nonmoral Theoretical Disagreement In Law, Alani Golanski 2016 Weitz & Luxenberg, P.C.

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Alani Golanski

The central issue in the philosophy of law has been whether law’s content and validity rest on moral criteria. Scholars have viewed theoretical disagreements in law as the indicia of moral dispute. Both sides of the debate – those favoring and those opposing the view that moral justification may or does supply the criteria by which a rule or principle counts as "legal" – have accepted the notion that, if there is widespread theoretical disagreement in law, this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement poses a powerful challenge to the "positivist" approach, which ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones 2015 Academia Sinica

Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones

Brian Christopher Jones

Although contemporary societies covet the notion of a written constitution, the UK still stands as one of the few jurisdictions not in possession such a single document. Yet recently there has been renewed discussion regarding whether the UK should draft its own constitution (or at least entrench some form of constitutional law). A recent House of Commons committee report thoroughly analysed this prospect, and many scholars and practitioners consider such a result inevitable. This piece argues that such a document should not be drafted, but if it is, it should surely not be called a "Constitution".

Difficulties arise because over ...


"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson 2015 Bates College

"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson

Honors Theses

Since the shooting death of Michael Brown in Ferguson, Missouri in August 2014, there has been a renewed national conversation on relations between law enforcement and communities of color. Subsequent shooting deaths of Black individuals, followed by grand jury non-indictments, have shifted the conversation to a systemic critique, revealing to some, and reminding others, of the deeply racialized nature of criminal justice in the United States. This thesis project is a work of American Political Development that analyzes the racialized developmental of the criminal justice system in the United States, providing context to the recent national conversation. Its purpose is ...


The Constitution And Revenge Porn, John A. Humbach 2015 Pace University School of Law

The Constitution And Revenge Porn, John A. Humbach

Pace Law Review

While the Supreme Court has recognized a number of circumstances that justify government impingements on free expression, the Court has been extremely reluctant to permit speech restrictions that discriminate based on a message’s content, its viewpoint, or the speaker. It has nearly always refused to tolerate such discrimination unless the case falls within one of the several historically established exceptions to First Amendment protection. Because of the special place that the modern First Amendment cases accord to content discrimination (and the allied discriminations based on viewpoint and speaker), any statutes designed specifically to outlaw revenge porn as such would ...


Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry 2015 Florida A&M University College of Law

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Pace Law Review

This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.

Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and ...


Innovation Paper: Improving Timeliness In The Justice System, Australian Centre for Justice Innovation (ACJI) 2015 Australian Centre for Justice Innovation

Innovation Paper: Improving Timeliness In The Justice System, Australian Centre For Justice Innovation (Acji)

Timeliness in the Justice System: Ideas and Innovations

In Australia and elsewhere, concerns have been expressed for many years that it can take too long to deal with disputes in the justice system. Numerous strategies have been introduced to address these concerns and reduce delay, including the use of more effective technologies; effecting cultural change that imposes obligations on courts, litigants and others to support more timely finalisation of disputes; better management of cases and disputes; promoting earlier dispute resolution through the use of alternative dispute resolution (ADR); and reconfiguring the roles of those within the justice system as well as imposing decreasing incentives that may operate to ...


Empirical Reflections: A Statistical Evaluation Of Bar Exam Program Interventions, Scott Johns 2015 University of Denver

Empirical Reflections: A Statistical Evaluation Of Bar Exam Program Interventions, Scott Johns

Scott Johns

The bar exam seems like a formidable hurdle to many law students. Consistent with approaches at other law schools, the University of Denver Sturm College of Law instituted a Bar Passage Program, primarily aimed at academically struggling students, consisting of three core components – a second year legal analysis course, a final semester pre-bar legal analysis problem-solving course, and a post-graduate supplemental bar success workshop program. This article walks through the step-by-step processes of statistically evaluating such interventions and explores whether such interventions are statistically warranted, particularly for students that struggled academically in law school. Using data over the course of ...


Protecting The Constitutional Right To Counsel For Indigents Charged With Misdemeanors - Testimony Of Erica J. Hashimoto Before The U.S. Senate, Erica J. Hashimoto 2015 University of Georgia

Protecting The Constitutional Right To Counsel For Indigents Charged With Misdemeanors - Testimony Of Erica J. Hashimoto Before The U.S. Senate, Erica J. Hashimoto

Presentations and Speeches

Testimony of Professor Erica J. Hashimoto before the United States Senate Committee on the Judiciary on May 13, 2015 about the denial of the right to counsel in criminal misdemeanor cases. Professor Hashimoto's testimony begins at the 56:10 mark.


Pago Por Consignación Y Su Naturaleza Procesal., Ronald B. Jallurana Añamuro 2015 UNAP

Pago Por Consignación Y Su Naturaleza Procesal., Ronald B. Jallurana Añamuro

RONALD B. Jallurana Añamuro

El fundamento del pago por consignación, es el derecho del deudor a pagar, ello justifica que la ley peruana regule el pago por consignación. Por lo que no es justo que continúe vinculado indefinidamente y es por ello que debe disponer de un procedimiento o mecanismo para liberarse.


Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella 2015 Nova Southeastern University

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place ...


The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella 2015 Nova Southeastern University

The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. The harms that occurred were widespread and devastating: eleven people were killed, 1,000 miles of coastline was degraded, ocean life and beaches were destroyed, and the local economy of the region was adversely impacted, especially fishing and tourism industries. In response, Congress passed ...


Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Casey Judge 2015 Maurer School of Law: Indiana University

Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Casey Judge

Indiana Journal of Law and Social Equality

One of the most pervasive risks LGBT youth face today is the threat of being thrown out of their homes because of their sexual orientation. According to a Massachusetts Youth Risk Behavior Survey, one in four teens that identify as lesbian or gay are homeless. Of the estimated 575,000 to 2.8 million youth that are homeless each year, between 20 percent and 40 percent identify as LGBT. While youth homelessness is most often attributed to neglect, family tragedy, poverty, and addiction, most LGBT youth populations attribute their homelessness directly to their sexual orientation. This suggests that these parents ...


Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz 2015 University of Southern California

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then ...


Evidence-Based Stakeholder Engagement: The Promise Of Randomized Control Trials For Business And Human Rights, Patrick J. Keenan 2015 University of Illinois College of Law

Evidence-Based Stakeholder Engagement: The Promise Of Randomized Control Trials For Business And Human Rights, Patrick J. Keenan

Indiana Journal of Law and Social Equality

When a large-scale development project comes to a poor country, that project typically comes with a stakeholder engagement plan, which structures the relationship between those affected by the new project and the proponents of the project. The plan sorts those affected by the project into categories, distributes economic benefits differentially based on those categories, allocates other benefits which can increase or decrease the social power of those affected, defines the ways that people harmed by the project may seek redress for their injuries, and might even modify existing governance structures. In the past decade, through the efforts of large institutional ...


How Opting Out Among Women With Elite Education Contributes To Social Inequality, Joni Hersch 2015 Vanderbilt University

How Opting Out Among Women With Elite Education Contributes To Social Inequality, Joni Hersch

Indiana Journal of Law and Social Equality

This paper, written for the 2013−2014 Symposium of the Indiana Journal of Law and Social Equality, expands on my research showing that women who are graduates of elite institutions have lower labor market activity than their counterparts who are graduates of non-selective institutions. I provide new statistics on the relation between status of undergraduate institution and family background, likelihood of earning a professional or graduate degree, earnings, and trends in opting out. These data show that the gap in labor market activity on the basis of educational status was largely unchanged between 2003 and 2010 and that graduation from ...


Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile 2015 Fordham University School of Law

Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile

Fordham Law Review

Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members captured on film singing a racist lynching song; race exploded into the nation’s collective consciousness. Even the Starbucks Coffee chain’s recent “Race Together” campaign, intended to promote discussion about race, sparked a controversy and was quickly withdrawn. These and other ...


When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock 2015 University of Southern California

When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock

Fordham Law Review

In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case represented a marked shift from prior BIA decisions, which for fifteen years had interpreted sections 208(a) and 241(b)(3) of the Immigration and Naturalization Act more narrowly, thus excluding claims of home country abuse as reasonable grounds to grant ...


The Modern Day Scarlet Letter, Ifeoma Ajunwa 2015 David A. Clarke School of Law, University of the District of Columbia

The Modern Day Scarlet Letter, Ifeoma Ajunwa

Fordham Law Review

American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to their effects on the reintegration efforts of the formerly incarcerated and, in particular, formerly incarcerated women. An 1848 case, Sutton v. McIlhany, affirmed collateral legal consequences as constituting an important part of criminal punishment. More recent cases, such as Turner v. Glickman, in which a class of people convicted of drug crimes were subsequently denied food stamps and other government benefits, have upheld the constitutionality of imposing these legal penalties on an individual even after she has ...


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