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Articles 31 - 60 of 192
Full-Text Articles in Entire DC Network
In Search Of Best Practices On Gender Equity For University Faculty: An Update, Constance Z. Wagner
In Search Of Best Practices On Gender Equity For University Faculty: An Update, Constance Z. Wagner
All Faculty Scholarship
This article updates the author’s earlier work on the search for gender equity among women faculty in the university setting in the United States. The author reflects on the fact that some of the literature in this area does not sufficiently address the challenges facing women of color. She seeks to fill the gap in her own research by referencing best practices discussed in three recent books on the professional lives of university faculty who are women of color. She argues that future work on best practices for achieving gender equity must address issues of intersectionality of race, gender, and …
Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re
Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re
New England Journal of Public Policy
In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Articles
This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.
Kurdistan After The Referendum Of September 25, 2017: Statehood, Recognition, And International Law, Thomas D. Grant
Kurdistan After The Referendum Of September 25, 2017: Statehood, Recognition, And International Law, Thomas D. Grant
Georgia Journal of International & Comparative Law
No abstract provided.
Trust In The Jury System As A Predictor Of Juror/Jury Decisions, Kimberly S. Dellapaolera, Bailey A. Barnes, Brian H. Bornstein
Trust In The Jury System As A Predictor Of Juror/Jury Decisions, Kimberly S. Dellapaolera, Bailey A. Barnes, Brian H. Bornstein
UCARE: Research Products
To determine whether jurors’ attitudes are correlated with their verdicts and judgments at trial, the present experiments examined the relationship between individuals’ trust in the jury system, other legal attitudes, and their verdict judgments, at both the individual (juror) and group (jury) level. We used a binary logistic regression model to examine the factors—jury instructions and individual difference measures—that contribute to a juror’s verdict. The results indicate that jurors with higher PJAQ and JUST scores had a higher likelihood of voting guilty on a homicide trial involving a mercy killing. It was also found that the majority of juries in …
Ding-Dong Ditched: Cultures Clash As A Town Attempts To Stop Real Estate Solicitations, Kevin Gilmore
Ding-Dong Ditched: Cultures Clash As A Town Attempts To Stop Real Estate Solicitations, Kevin Gilmore
Seton Hall Law Review
No abstract provided.
Outlook For The New Supreme Court Term, Arthur S. Leonard
Outlook For The New Supreme Court Term, Arthur S. Leonard
Other Publications
No abstract provided.
Measuring Justice In State Courts: The Demographics Of The State Judiciary, Tracey E. George, Albert H. Yoon
Measuring Justice In State Courts: The Demographics Of The State Judiciary, Tracey E. George, Albert H. Yoon
Vanderbilt Law Review
For most individuals and organizations, state courts--especially state trial courts-are the "law" for all effective purposes. State courts are America's courts. But, we know surprisingly little about state court judges despite their central and powerful role in lawmaking and dispute resolution. This lack of information is especially significant because judges' backgrounds have important implications for the work of courts. The characteristics of those who sit in judgment affect the internal workings of courts as well as the external perception of those courts and judges. The background of judges will influence how they make decisions and can impact the public's acceptance …
Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris
Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris
Chicago-Kent Law Review
For more than thirty years, the central questions of the law of parentage have been when and to what extent determinations of legal parenthood should be based on biological relationship, marriage to a child’s biological parent, or functioning as or intending to be a parent. In Obergefell v. Hodges, the Supreme Court endorsed the claim that children whose parents are married are better off socially and legally than nonmarital children; its language could easily be taken to support legal rules that encourage or prefer childrearing within marriage. On the other hand, the Court’s argument assumes that the same-sex couple—both members—are …
Complex Kinship Networks In Fragile Families, Tonya L. Brito
Complex Kinship Networks In Fragile Families, Tonya L. Brito
Fordham Law Review
This Article examines the complex kinship networks in families that experience multiple-partner fertility. Part I begins with a broad examination of the dramatic changes to the American family that have occurred over the past half century. Part I then highlights the broad diversity of forms present in today’s families, the evolving nature of American families, and how a two-tiered family system has emerged as patterns have diverged along class-based lines. Next, Part II turns to multiple-partner fertility, assessing what we know and do not know about this social phenomenon, including its prevalence, characteristics, and trends. Part III then addresses the …
Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner
Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner
Journal of Civil Rights and Economic Development
No abstract provided.
The Process Of Power: A Process-Oriented Approach To Dissecting A Group’S Political Power, Pat Andriola
The Process Of Power: A Process-Oriented Approach To Dissecting A Group’S Political Power, Pat Andriola
Indiana Journal of Law and Social Equality
Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power," the idea being that the judiciary ought not step in on their behalf if there are legislative outlets available to them. But how should a court determine whether a group is politically powerful (or powerless)? This article argues that the typical indicia of political power relied on by the courts are unwisely based on political outputs, or what minority groups strive for (such as laws in their favor), rather than political inputs, or the things that determine whether groups can get political outputs …
(Anti)Poverty Measures Exposed, Francine J. Lipman
(Anti)Poverty Measures Exposed, Francine J. Lipman
Scholarly Works
Few economic indicators have more salience and pervasive financial impact on everyday lives in the United States than poverty measures. Nevertheless, policymakers, researchers, advocates, and legislators generally do not understand the details of poverty measure mechanics. These detailed mechanics shape and reshape poverty measures and the too often uninformed responses and remedies. This Article will build a bridge from personal portraits of families living in poverty to the resource allocations that failed them by exposing the specific detailed mechanics underlying the Census Bureau’s official (OPM) and supplemental poverty measures (SPM). Too often, when we confront the problem of poverty, the …
Diversity: How Is Aall Doing?, James M. Donovan
Diversity: How Is Aall Doing?, James M. Donovan
Law Faculty Scholarly Articles
This paper describes the possible approaches to encouraging diversity within the workplace that are available to all professional organizations, including the American Association of Law Libraries [AALL]. Part I reviews the basic terms: discrimination, bias, and diversity. Reasons for pursuing diversity in the workplace are discussed in Part II. Two instrumental justifications and one intrinsic rationale reveal the range of motivations behind these projects. Each rationale supports its characteristic form of diversity: reflective, substantive, and cognitive. Because the kind of diversity determines the anticipated outcome, disagreement over progress may be the result of expecting different kinds of diversity. Clarity on …
How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson
How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson
Washington and Lee Law Review Online
No abstract provided.
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Indiana Journal of Global Legal Studies
Though its mission may seem to belong to the realm of science fiction-establishing self-sufficient, floating cities on the high seas-the modern seasteading movement is simply the next iteration of mankind's long quest to establish more perfect societies. If they wish to accomplish their goals, seasteaders must be prepared to confront and overcome serious obstacles on technological, social, and legal fronts. Reviewing other historical examples of intentional communities offers a glimpse of the potential challenges that are common across all such movements and suggests that, to ensure long-term success, seasteaders may benefit longterm from pursuing international recognition of sovereignty for their …
Squaring Faith And Sexuality: Religious Institutions And The Unique Challenge Of Sports, Robin Fretwell Wilson
Squaring Faith And Sexuality: Religious Institutions And The Unique Challenge Of Sports, Robin Fretwell Wilson
Minnesota Journal of Law & Inequality
Symposium: Playing with Pride: LGBT Inclusion in Sports
Adoption And Foster Care Placement Policies: Legislatively Promoting The Best Interest Of Children Amidst Competing Interests Of Religious Freedom And Equal Protection For Same-Sex Couples, Samantha R. Lyew
Journal of Legislation
No abstract provided.
The Hidden Under Caste Of America: An Examination Of The Effects Of Terry V. Ohio, Florida V. Bostick, & Whren V. United States And Colorblindness On African Americans, Austin Schoeck
Political Science: Student Scholarship & Creative Works
No abstract provided.
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
Faculty Publications
This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …
Understanding Intersectionality Between The Law, Gender, Sexuality And Children, Thomas A. Mayes
Understanding Intersectionality Between The Law, Gender, Sexuality And Children, Thomas A. Mayes
Children's Legal Rights Journal
No abstract provided.
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Faculty Scholarship
No abstract provided.
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …
Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg
Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg
Faculty Publications
No abstract provided.
Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg
Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg
Fordham Environmental Law Review
No abstract provided.
Redressing Lgbt Employment Discrimination Via Executive Order, Alex Reed
Redressing Lgbt Employment Discrimination Via Executive Order, Alex Reed
Notre Dame Journal of Law, Ethics & Public Policy
The United States workforce includes an estimated 5.4 million lesbian, gay, bisexual, and transgender (“LGBT”) persons. Because no federal statute explicitly prohibits employment discrimination on the basis of sexual orientation or gender identity, employers may discriminate against LGBT workers with impunity, and numerous studies have confirmed that LGBT-related employment discrimination is rampant. Lesbian, gay, and bisexual (“LGB”) individuals experience sexual orientation-based employment discrimination at staggering rates: 8% to 17% have been fired or denied employment, 7% to 41% have been verbally or physically harassed by coworkers, and 10% to 19% have been unfairly compensated in terms of pay or benefits. …
Testing Sex, Rachel Rebouché
Affirmative Action Within The Fire Service: The Background On The Law And Its Effect On The Fire Service And How Fire Department Policies Reflect The Affirmative Action Legislation., Steven Michael Stecher
Affirmative Action Within The Fire Service: The Background On The Law And Its Effect On The Fire Service And How Fire Department Policies Reflect The Affirmative Action Legislation., Steven Michael Stecher
Online Theses and Dissertations
This research studied ten full time fire departments in the United States to develop a quantitative study showing demographic make-up of the fire department rosters and the citizens in which they serve. Affirmative action has been a polarizing issue since the day the Civil Rights Act of 1964 was signed. Many thoughts and feelings had been researched but no quantitative studies could be found. This study asked three main questions. Are the fire departments being studied meeting the number requirements set forth by the law in relation to equal representation of the community serviced by the department? Are the departments’ …
From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Alexander Nourafshan, Angela Onwuachi-Willig
From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Alexander Nourafshan, Angela Onwuachi-Willig
Faculty Scholarship
After the Supreme Court’s decision in United States v. Windsor, which declared the federal Defense of Marriage Act (DOMA) unconstitutional,and after the granting of certiorari in Obergell v. Hodges, where the Supreme Court will decide whether the Fourteenth Amendment requires states to provide a marriage license to same-sex couples, national marriage equality seems like a legal inevitability.However, Windsor and Obergell, along with other state-level advances toward marriage equality, are not equally promising for all members of the lesbian and gay community. Although Windsor and the revolution of cases that have led to Obergell hold significant promise for one privileged subset …
Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall
Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall
William & Mary Bill of Rights Journal
No abstract provided.