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The Canon Of American Legal Thought, Robert E. Rodes

Journal Articles

Professors Kennedy and Fisher have put together a book containing twenty essays, most of them first published in law reviews. They are elegantly presented, and each is preceded by an introductory essay by one of the editors, which provides background information on the author, analyzes the piece lucidly and succinctly, and situates it in the development of American legal thought. Each piece is also preceded by a bibliography, which further situates it by describing the rest of the author's work and summarizing the commentary it has evoked. All the works are given in full, adding considerably to what can be …

Environmental Justice, Community Empowerment, And The Role Of Lawyers In Post-Katrina New Orleans, Janell Smith, Rachel Spector

City University of New York Law Review

Working together toward a common goal often requires mobilizing the strength and energy of many groups of people, all of whom share the same passion for accomplishing that goal. Hurricane Katrina and its devastating effect on the environment and communities in New Orleans and the Gulf Coast has done exactly that, bringing together numerous coalitions of concerned individuals who share the determination to clean up and improve New Orleans and the Gulf region. This Article addresses how lawyers from around the country can work with local advocates on reconstruction efforts in New Orleans in a way that increases, rather than …

Elder Economic Security Initiative: The Elder Economic Security Standard For Massachusetts, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Gerontology Institute Publications

What is an adequate income for older adults in Massachusetts to age in place? How does it vary according to where they live, and their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home?

This report will address these questions through the development of a measure of income adequacy for older adults using the WOW-GI National Elder Economic Security Standard …

Critical Race Realism: Towards An Integrative Model Of Critical Race Theory, Empirical Social Science, And Public Policy, Gregory S. Parks

ExpressO

Critical Race Theory was founded as “a race-based, systematic critique of legal reasoning and legal institutions….” Critics argue that it struggles to define its substantive mission, methodological commitments, and connection to the world outside of academia. This article attempts to provide a specific methodology—empirical social science—that is consistent with Critical Race Theory’s overarching mission and that has both applied and academic components. This methodology should ultimately 1) expose racism where it may be found, 2) identify its effects on individuals and institutions, and 3) put forth a concerted attack against it, in part, via public policy arguments. This concept, Critical …

Tradeoffs In Formulating A Consistent National Policy On Adoption, Mary Eschelbach Hansen, Daniel Pollack

ExpressO

Just as the courts must consider the tradeoff between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the tradeoffs between the best interest of the child and the long-term interests of the nation. We argue that countries that suspend international adoptions do not maximize social welfare. A consistent national policy to maximize the well-being of the children and society at large would be to devote resources today to the oversight of international adoption in accord with child protections under the Hague Convention, while at the same time …

Workers With Disabilities: The Role Of Workplace Flexibility, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A fact sheet for Workers with Disabilities: The Role of Workplace Flexibility covering the following:

1) What are the trends in workforce participation of individuals with disabilities?

2) How does the structure of work limit the employment of people with disabilities?

3) What is the role of workplace flexibility in the employment of individuals with disabilities?

4) The need for flexibility among people with disabilities matches the growing interest in flexibility for all workers.

Vol. 4, No. 07 (November/December 2006)

Indiana Law Update

No abstract provided.

2006 Scholars And Artists Bibliography, Daniel J. Simon, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Dan Simon was the guest speaker.

To Dream Or Not To Dream: A Cost-Benefit Analysis Of The Development, Relief, And Education For Alien Minors (Dream) Act, Youngro Lee

Cornell Journal of Law and Public Policy

No abstract provided.

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner

William & Mary Journal of Race, Gender, and Social Justice

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …

Impotence Of Being Earnest: Status Of The United Nations Standard Minimum Rules For The Treatment Of Prisoners In Europe And The United States, Sara A. Rodriguez

ExpressO

The Standard Minimum Rules for the Treatment of Prisoners were approved with the most earnest of good intentions at the First United Nations Crime Congress in 1955, in an attempt to establish “what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions.” In spite of their noble purpose, implementation of these rules has been somewhat of a disappointment. Europe has adopted the Standard Minimum Rules wholesale. The United States, by contrast, has declined to adopt a set of standards patterned after the Standard Minimum Rules, relying instead on pre-existing correctional …

Jumping On The Bandwagon: How Canadian Lawyers Can & Should Get Involved In The Emerging Trend To Implement Therapeutic Jurisprudence Practices In Canadian Courts, Brooke Bloom

ExpressO

No abstract provided.

Mind, Brain And The Law, Atahualpa Fernandez

ExpressO

No abstract provided.

The Forum (Volume 36, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Bad Faith: Race, Religion And The Reformation Of Welfare Law, Richard Hardack

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the cultural, theological, and legal underpinnings of welfare policies in the United States, arguing that these policies are deeply influenced by racialized and gendered stereotypes. It contends that conservative and liberal thinkers alike have framed welfare as a threat to capitalist values, often justifying this stance through theological and postmodernist ideas. The analysis highlights how welfare is constructed as a declaration of dependence, contradicting the ideals of self-reliance and market-driven solutions. The article also critiques the legal system for failing to recognize welfare as a fundamental right, instead treating it as a privilege subject to state …

Moving Here Saved My Life: The Experience Of Formerly Chronically Homeless Women And Men In Quincy's Housing First Projects, Tatjana Meschede

Center for Social Policy Publications

For the past ten years, Father Bill’s Place (FBP) in Quincy, Massachusetts, has moved steadily towards providing permanent housing with supportive services rather than emergency shelter as a solution to ending homelessness. According to John Yazwinski, executive director of FBP, the vision for the future is to be able to independently house every homeless person entering FBP within a short period of time instead of “housing” people in the shelter for prolonged periods. As such, sheltering homeless people in mass emergency shelters should be a picture of the past.

Yazwinski’s Housing First Model builds upon an approach of housing “chronically” …

Law Library Annual Report 2005-2006, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Torch (July/August 2006), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Separate Public High Schools For Sexual Minority Students And The Limits Of The Brown Analogy, Thomas A. Mayes

The Journal of Law and Education

No abstract provided.

Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank Munger

Indiana Journal of Global Legal Studies

Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reform's …

Supporting Accountability: Assessing The Costs Of Regulation Who Profits From Nonprofits, Julie Goldscheid

City University of New York Law Review

No abstract provided.

Policy Analysis Of The Victim Offender Restitution Program, Veronica Damon, Marie Bostick, Lamont Mcgary

UNLV Theses, Dissertations, Professional Papers, and Capstones

Both the criminal justice and the juvenile justice systems have experienced increased strain due to criminal acts committed by juveniles. Many experts suggest that one way to ease the burden of the courts can be found in the theory of restorative justice. Most often the juvenile justice system is most concerned with the risk and needs of youthful offenders without significant consideration for the victims. A key component in the restorative justice theory is victim offender mediation which seeks to reduce the impact of crime on victims and the community. Clark County, Nevada has one such program, the Victim Offender …

2006 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School …

Popular Constitutionalism In The Twentieth Century: Reflections On The Dark Side, The Progressive Constitutional Imagination, And The Enduring Role Of Judicial Finality In Popular Understandings Of Popular Self-Rule, William E. Forbath

Chicago-Kent Law Review

This essay aims to revise and strengthen some important features of Larry Kramer's pioneering account of popular constitutionalism, particularly during the last century, which Kramer covers on the run. In doing so, the essay also complicates the normative path of Kramer's narrative. First, I discuss the role of racism in shaping American popular constitutionalism and its rivals. The People Themselves has been assailed for glossing over this and other dark chapters in popular constitutionalism's history. I sketch how and why Kramer's narrative should take these dark chapters on board. Next, I turn to the Progressive Era and the New Deal. …

Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray

Washington and Lee Law Review

No abstract provided.

Adverse Impact Of A History Of Violence For Women With Breast, Cervical, Endometrial, Or Overian Cancer, Susan C. Modesitt, Alisa C. Gambrell, Hope M. Cottrill, Lon R. Hays, Robert J. Walker, Brent J. Shelton, Carol E. Jordan, James E. Ferguson

Office for Policy Studies on Violence Against Women Publications

The experience of physical and sexual violence (victimization) is common among U.S. women and is associated with adverse health consequences. The study objectives were to estimate the prevalence of victimization in women with cancer and to examine associations with demographics, cancer screening, and cancer stage.

METHODS:

From 2004 to 2005, 101 women with breast, cervical, endometrial, or ovarian cancer were interviewed to collect demographics, cancer screening history, health care access/use, and violence history. Chisquare and Fisher exact tests were used test risk-factor associations. A multinomial logistic regression model was used for multivariable analysis.

RESULTS:

The prevalence of a history of …

The Regulation Of Intercountry Adoption, Mary E. Hansen, Daniel Pollack

ExpressO

As of January 2006, the United States was the only major receiver of children through intercountry adoption that had not implemented the 1993 Hague Convention on Intercountry Adoption. The U.S. signed the Hague Convention in 1994, but did not pass implementing legislation until 2000. Regulations pursuant to the legislation were proposed in 2003, but final regulations did not go into effect until March 2006. The slow pace was partly the result of Congressional wrangling over designation of a regulator and partly the result of a prolonged conversation between the designated regulator and the adoption community over specific regulations.

Finalization of …

U.S./Mexico Border And Illegal Immigration: Policy Analysis, Stephanie Smith

Undergraduate University Honors Capstones

Using a model from the field of Social Work, “Social Welfare Policy Analysis,” to analyze the U.S. immigration, the following thesis has been composed in three sections. The first describes previous policies implemented prior to the current administration’s policy, the second section explains the social and economic (together) impacts of current policy, and the last section discusses politics regarding the current policy and proposals for future policies regarding illegal immigration. [copied from part of the introduction]

Law & Health Care Newsletter, V. 13, No. 2, Spring 2006

Law & Health Care Newsletter

No abstract provided.

In Practice, V. 6, No. 2, Spring 2006

In Practice

No abstract provided.