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Articles 3121 - 3150 of 10449
Full-Text Articles in Entire DC Network
The Harm In Hate Speech: A Critique Of The Empirical And Legal Bases Of Hate Speech Regulation, John T. Bennett
The Harm In Hate Speech: A Critique Of The Empirical And Legal Bases Of Hate Speech Regulation, John T. Bennett
UC Law Constitutional Quarterly
Calls for hate speech censorship are largely premised upon the existence of certain social harms, including racial and gender inequalities, which are supposedly reinforced by hate speech. These inequalities, however, could be caused by a host of cultural and behavioral factors completely unrelated to hate speech, racial animus, discrimination, or any structural cause. The causal argument presented here has significant implications for the constitutionality of hate speech regulation. This article directly confronts the constitutional flaws, normative concerns, and empirical weaknesses inherent in a substantial body of hate speech scholarship. This article critically analyzes the legal and sociological premises of hate …
Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel
Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel
Articles
Balancing judicial independence against judicial accountability is a classic problem, but the debate has often taken place without reference to specific legal cultures and traditions, and there is compelling reason to believe that the “right” balance may be different in different societies. Thailand is in transition, so the models of established Western democracies may be ill-suited to the problems and issues of the Thai judiciary. Moreover, independence and accountability are not ends in themselves, but means to the same end: that of fair, impartial, and effective justice. Independence can help, primarily by bolstering the “judicial courage” exercised by judges called …
The Sin Of Turning Away From Reality: An Interview With Father Krzysztof Charamsa, David Paternotte, Mary Anne Case, Sarah Bracke
The Sin Of Turning Away From Reality: An Interview With Father Krzysztof Charamsa, David Paternotte, Mary Anne Case, Sarah Bracke
Articles
No abstract provided.
International Taxation In China : A Contextual Analysis, Jinyan Li
International Taxation In China : A Contextual Analysis, Jinyan Li
Books
Chinese tax law affects corporations engaged in cross-border transactions with China. It may also impact the development of the international tax regime as China is increasingly engaged in international tax reform efforts, such as the G20/OECD BEPS Project. Chinese tax law is thus important to taxpayers, tax professionals and policymakers worldwide. However, it is a challenge to find comprehensive information and insightful analysis of Chinese tax law in English. International Taxation in China: A Contextualized Analysis meets that challenge. This book deals with the Chinese international tax regime, focusing on the enterprise income tax and tax treaties. First, it covers …
Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi
Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi
Journal of Feminist Scholarship
This paper is based on a survey, 25 interviews, and observation. According to the results so far, Islam means three things for women in today’s Morocco: faith, culture, and politics. Islam as faith is generally perceived as a personal relationship with God. Such a relationship is seen as both rewarding and empowering, but also private. Women who perceive Islam as faith observe the Islamic rituals and may or may not wear the veil. Women’s perception of Islam as faith is a rather poorly understood topic in research in a heavily space-based patriarchy, probably because of its intimate relationship with the …
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray
Cardozo Journal of Equal Rights & Social Justice
This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …
Transnational Support And Legal Education Reform In Developing Countries: Findings And Lessons From Burma/Myanmar, Jonathan Liljeblad
Transnational Support And Legal Education Reform In Developing Countries: Findings And Lessons From Burma/Myanmar, Jonathan Liljeblad
Loyola University Chicago International Law Review
Myanmar's current transition involves a concerted international effort to promote the rule of law. Legal education is integral to promoting the rule of law, and so calls for development aid that works to improve a country's legal education system. The nature of development aid, however, calls for some analysis of its efficacy. This paper contributes to this call by taking as a case study the state of transnational aid efforts to improve legal education in Burma/Myanmar, and finds issues that threaten the efficacy of international aid efforts to reform legal education in developing countries. The analysis concludes with recommendations to …
Isis's Crimes Against Humanity And The Assyrian People: Religious Totalitarianism And The Protection Of Fundamental Human Rights, Yuri Mantilla Ph.D, Ll.M., Ll.B.
Isis's Crimes Against Humanity And The Assyrian People: Religious Totalitarianism And The Protection Of Fundamental Human Rights, Yuri Mantilla Ph.D, Ll.M., Ll.B.
ILSA Journal of International & Comparative Law
Despite great technological progress, increasing free trade, instant access to international communications, and other positive aspects of globalization, the world is still characterized by systematic and widespread violations of human dignity.
Sleuthing Scientific Evidence Information On The Internet, Diana Botluk
Sleuthing Scientific Evidence Information On The Internet, Diana Botluk
Faculty Scholarship
No abstract provided.
Race, Religion, And Rfra: The Implications Of Burwell V. Hobby Lobby Stores, Inc. In Employment Discrimination, Hanna Martin
Race, Religion, And Rfra: The Implications Of Burwell V. Hobby Lobby Stores, Inc. In Employment Discrimination, Hanna Martin
Cardozo Law Review de•novo
This Note argues that an employer who wishes to discriminate in hiring based on race—despite contrary federal law—can easily state a claim under the federal or a state RFRA. The plaintiff’s prima facie case will be satisfied if its beliefs are sincere, religiously motivated, and substantially burdened by antidiscrimination laws. This Note also argues that even if the government has a compelling interest in preventing discrimination against employees, in light of the Court’s ruling in Hobby Lobby, the RFRA claimants will still be granted an exemption.
Tharu Barghar-Mukhiya Indigenous Model: A Case Study Of Tharu Community Of Nepal, Narayan B. Khadka
Tharu Barghar-Mukhiya Indigenous Model: A Case Study Of Tharu Community Of Nepal, Narayan B. Khadka
Department of Conflict Resolution Studies Theses and Dissertations
This research explores the indigenous conflict resolution processes practiced by the Tharu community living in Nepal’s Bara, Dang and Bardiya districts, the role of Tharu traditions and customs, and the function of the Barghar-Mukhiya. Due to geographic and monetary challenges experienced by the Tharu accessing Nepal’s formal justice system, they continue to serve as a viable and vibrant vehicle for resolving minor and major conflicts at the community level and form the basis of researcher’s Barghar-Mukhiya model. Shaped by Tharu collectivist culture and traditions, it supports the social fabric of the community. Utilizing qualitative case study methodology, this research assesses …
For Eschewing Of Trouble And Exorbitant Expense: Arbitration In The Early Modern British Isles Symposium, Margo Todd
For Eschewing Of Trouble And Exorbitant Expense: Arbitration In The Early Modern British Isles Symposium, Margo Todd
Journal of Dispute Resolution
The history of binding arbitration in British customary law is very long, and in scope, very broad. In Scotland and in England, in settings both urban and rural, commercial and ecclesiastical, and across a broad range of social estates, from craftsmen to lords, alewives to merchant princes, it had by the sixteenth and seventeenth centuries become the default mechanism to avoid costly litigation, and to resolve disputes likely otherwise to end in bloodshed.1 It was often a device to avoid the courts, since litigation was always expensive and time-consuming; however, in a great number of cases it occurred in cooperation …
Constructing Africa: Chinese Investment, Infrastructure Deficits, And Development, Olufunmilayo B. Arewa
Constructing Africa: Chinese Investment, Infrastructure Deficits, And Development, Olufunmilayo B. Arewa
Cornell International Law Journal
No abstract provided.
Table Of Contents, Editor's Note And Preface, Ken I. Kersch, Linda C. Mcclain
Table Of Contents, Editor's Note And Preface, Ken I. Kersch, Linda C. Mcclain
Tulsa Law Review
No abstract provided.
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy, Y. Carson Zhou
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy, Y. Carson Zhou
Michigan Journal of Gender & Law
Is the criminalization of consensual sex between close relatives constitutional in the wake of Lawrence v. Texas and Obergefell v. Hodges? Justice Scalia thought not. The substantive due process landscape has changed dramatically in response to the LGBTQ movement. Yet, when a girl in a sexual relationship with her father recently revealed in an anonymous interview with New York Magazine that they were planning to move to New Jersey, one of the only two states where incest was legal, the New Jersey legislature introduced with unprecedented speed a bill criminalizing incest. But who has the couple harmed? The very …
A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel M. Pires
A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel M. Pires
The Graduate Review
Due to drug policy changes in the 1980s, the criminal justice system was forced to create diversion programs to deal with the rising numbers of drug offenders in the system. Based on “therapeutic jurisprudence”, drug courts began opening across the county in 1989, using the “ten key components” as a guide for policy implementation. The purpose of this study was to analyze how closely a Massachusetts drug court adheres to drug court’s 10 key components. Drug court participants’ perceptions on the application of the 10 key components were acquired by an in-depth, face-to-face interview session. This research also used court …
Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey
Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey
Marquette Law Review
none
Traditional Ecological Rulemaking, Anthony Moffa
Traditional Ecological Rulemaking, Anthony Moffa
Faculty Publications
This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …
Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz
Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz
Articles
No abstract provided.
Fighting Against The Reemergence Of Polio In The Federally Administered Tribal Areas Of Pakistan, Basim Kamal
Fighting Against The Reemergence Of Polio In The Federally Administered Tribal Areas Of Pakistan, Basim Kamal
Loyola University Chicago International Law Review
No abstract provided.
Forging A Path For Women's Rights In Customary Law, Tamar Ezer
Forging A Path For Women's Rights In Customary Law, Tamar Ezer
UC Law SF Journal on Gender and Justice
Common law in Africa began as a dynamic, fluid structure that was effective for governing small, tight-knit communities. After the introduction of European colonialism, however, common law incorporated European customs, such as patriarchy and individualism. The individual and patriarchal structure solidified in many African communities and had a grossly disproportionate effect on women, whose lives were dictated by lack of property rights and self-determination. In South Africa in particular, the patriarchal structure continued into the 20th century despite a global recognition of equal rights for women. This article explores the origins of common law and suggests that many communities may …
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho
Texas A&M Journal of Property Law
Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements …
“Law &” Meets “Law As”, Linda L. Berger
“Law &” Meets “Law As”, Linda L. Berger
Scholarly Works
Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.
On The Sociology Of Patenting, Dan L. Burk
On The Sociology Of Patenting, Dan L. Burk
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
The Secret History Of The Bluebook, Fred R. Shapiro, Julie Graves Krishnaswami
The Secret History Of The Bluebook, Fred R. Shapiro, Julie Graves Krishnaswami
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii
The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".
Terry'S Original Sin, Jeffrey Fagan
Terry'S Original Sin, Jeffrey Fagan
Faculty Scholarship
In Mapp v. Ohio, the U.S. Supreme Court extended the due process protections of the exclusionary rule to include all "constitutionally unreasonable searches" that were done without a basis of probable cause. In the seven years after Mapp, when homicide rates in the U.S. nearly doubled, riots broke out in at least forty-seven U.S. cities. During the same era, a heroin epidemic gripped the nation's urban centers, giving rise to street drug markets and associated violence and pressures on law enforcement to curb those markets. As violence increased, a turn in the nation's political culture questioned Mapp's restraints on …
Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit
Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit
Faculty Publications
This Article examines American prosecutors' approaches to uncertainty during voir dire. At different points during trial preparation and during jury selection itself-- lawyers draw on multiple interpretive systems to make sense of ordinary citizens. Taking Assistant United States Attorneys in a federal jurisdiction in the Northeast United States as a case study, and drawing on ethnographic research, I focus on three systems prosecutors alternately (and sometimes simultaneously) use to evaluate jurors: (1) probabilistic and evaluative analogies, (2) juror-types generated from the details of criminal cases, and (3) local knowledge stemming from prosecutors' relationships and experiences outside of the courtroom. I …
Contemplating Competence: Three Mediations, Judith Welch Wegner
Contemplating Competence: Three Mediations, Judith Welch Wegner
Valparaiso University Law Review
No abstract provided.