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Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


The Teaching Of International Law, Myres S. McDougal 2016 Yale Law School

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk 2016 Princeton University

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, D. H. N. Johnson 2016 University of Georgia School of Law

The Place Of Policy In International Law, D. H. N. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter 2016 United Nations Institute for Training and Research

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


Law And The Sciences Of The Brain/Mind, Stephen J. Morse 2016 University of Pennsylvania Law School

Law And The Sciences Of The Brain/Mind, Stephen J. Morse

Faculty Scholarship

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not ...


The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald 2016 University of Canterbury

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff 2016 Georgetown University Law Center

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro College Jacob D. Fuchsberg Law Center

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck 2016 Touro College Jacob D. Fuchsberg Law Center

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2016 Touro College Jacob D. Fuchsberg Law Center

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin 2016 National University

Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin

D'Andre Devon Lampkin

This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.


Dear America: Brexit Is About Democracy, Not (Merely) Economics, Brian Christopher Jones 2016 Liverpool Hope University, UK

Dear America: Brexit Is About Democracy, Not (Merely) Economics, Brian Christopher Jones

Brian Christopher Jones

Much of the Brexit coverage thus far in America, including pleas from government officials, has been focused on the economic aspects of Britain leaving the EU. This piece argues that an economic view is too narrow, and that Brexit is much more about democracy than anything else. It also points to the hypocrisy of American government officials and media not taking into consideration the sovereignty aspects of European Union membership.


Dear America: Brexit Is About Democracy, Not (Merely) Economics, Brian Christopher Jones 2016 Liverpool Hope University, UK

Dear America: Brexit Is About Democracy, Not (Merely) Economics, Brian Christopher Jones

Brian Christopher Jones

Much of the Brexit coverage thus far in America, including pleas from government officials, has been focused on the economic aspects of Britain leaving the EU. This piece argues that an economic view is too narrow, and that Brexit is much more about democracy than anything else. It also points to the hypocrisy of American government officials and media not taking into consideration the sovereignty aspects of European Union membership.


Conviction Review Units: A National Perspective, John Hollway 2016 University of Pennsylvania Law School

Conviction Review Units: A National Perspective, John Hollway

Faculty Scholarship

Over the past 25 years, Americans have become increasingly aware of a vast array of mistakes in the administration of justice, including wrongful convictions, situations where innocent individuals have been convicted and incarcerated for crimes they did not commit. The most prevalent institutional response by prosecutors to address post-conviction fact-based claims of actual innocence is the Conviction Review Unit (CRU), sometimes called the Conviction Integrity Unit. Since the creation of the first CRU in the mid-2000s, more than 25 such units have been announced across the country; more than half of these have been created in the past 24 months ...


Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Deferred Prosecution Agreements, Jennifer Arlen 2016 NYU Law School

Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Deferred Prosecution Agreements, Jennifer Arlen

New York University Public Law and Legal Theory Working Papers

U.S. corporate criminal enforcement policy encourages prosecutors to enter into deferred and non-prosecution agreements (D/NPAs) that impose corporate reform mandates on firms with detected misconduct. This article concludes that the process governing prosecutors’ use of D/NPA mandates is inconsistent with the rule of law. The rule of law requires that individual executive branch actors not be given sufficient authority to restrict the rights of others to achieve personal aims, including idiosyncratic conceptions of the public interest. To satisfy the rule of law, modern governments granting discretion to executive branch actors constrain this authority by both limiting the ...


Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick 2016 Michigan State University College of Law

Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick

Michigan Law Review

Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of ...


Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein 2016 Drexel University Thomas R. Kline School of Law

Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein

Michigan Law Review

The question of why people follow the law has long been a subject of scholarly consideration. Prevailing accounts of how law changes behavior coalesce around two major themes: legitimacy and deterrence. Advocates of legitimacy argue that law is obeyed when it is created through a legitimate process and its substance comports with community mores. Others emphasize deterrence, particularly those who subscribe to law-and-economics theories. These scholars argue that law makes certain socially undesirable behaviors more costly, and thus individuals are less likely to undertake them.


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