Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (6613)
- University of Michigan Law School (1613)
- Duke Law (1086)
- Maurer School of Law: Indiana University (1019)
- Fordham Law School (836)
-
- Yeshiva University, Cardozo School of Law (740)
- Notre Dame Law School (733)
- University of Chicago Law School (689)
- University of Minnesota Law School (636)
- University at Buffalo School of Law (630)
- William & Mary Law School (620)
- Case Western Reserve University School of Law (592)
- Osgoode Hall Law School of York University (559)
- Vanderbilt University Law School (558)
- UC Law SF (538)
- Columbia Law School (497)
- Cornell University Law School (495)
- American University Washington College of Law (465)
- University of Miami Law School (420)
- University of Colorado Law School (409)
- Association of American Law Schools (375)
- University of North Carolina School of Law (375)
- Brigham Young University Law School (370)
- University of Florida Levin College of Law (360)
- Chicago-Kent College of Law (331)
- Schulich School of Law, Dalhousie University (328)
- University of Maryland Francis King Carey School of Law (307)
- Washington and Lee University School of Law (299)
- Seattle University School of Law (289)
- University of Massachusetts Boston (284)
- Keyword
-
- Law (575)
- Criminal justice (452)
- Jurisprudence (451)
- Justice (450)
- Crime (381)
-
- Criminology (361)
- Race (359)
- Discrimination (358)
- Human rights (347)
- Corrections (281)
- International law (276)
- Legal education (276)
- Women (273)
- Civil Rights (270)
- Gender (264)
- Qc (263)
- Qualitative criminology (263)
- Constitutional law (257)
- Criminal law (244)
- Supreme Court (215)
- Racism (204)
- Education (203)
- Constitutional Law (202)
- History (201)
- Law schools (201)
- Ethics (197)
- Civil rights (190)
- Lawyers (187)
- Religion (186)
- First Amendment (183)
- Publication Year
- Publication
-
- Journal of Criminal Law and Criminology (6452)
- Faculty Scholarship (1775)
- Articles (990)
- Michigan Law Review (683)
- Faculty Publications (578)
-
- Law and Contemporary Problems (484)
- Journal Articles (405)
- Journal of Legal Education (375)
- Fordham Law Review (371)
- Articles by Maurer Faculty (347)
- Cardozo Law Review (324)
- Scholarly Works (317)
- Indiana Law Journal (293)
- Faculty Articles (286)
- Notre Dame Law Review (275)
- Qualitative Criminology (QC) (263)
- North Carolina Law Review (260)
- Vanderbilt Law Review (259)
- Case Western Reserve Law Review (255)
- Buffalo Law Review (251)
- Cornell Law Review (241)
- Chicago-Kent Law Review (236)
- Georgetown Law Faculty Publications and Other Works (234)
- UC Law Journal (210)
- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (204)
- Dalhousie Law Journal (186)
- William & Mary Law Review (185)
- University of Colorado Law Review (182)
- Pacific Studies (176)
- ExpressO (175)
- Publication Type
Articles 1201 - 1230 of 39085
Full-Text Articles in Entire DC Network
Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend
Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend
Monsoon: South Asian Studies Association Journal
This presentation explores how artistic practice can illuminate philosophical questions about the nature of mind, consciousness, and liberation as articulated in Book Four of the Yoga Sūtras of Patañjali. Through a series of paintings that visually translate these sūtras, I propose that art offers a unique, experiential means of engaging with the complex relationship between citta (mind) and puruṣa (consciousness).
The paintings function as a form of “visual ontology,” inviting viewers to engage with abstract philosophical concepts in a sensory, tangible way. By depicting the interplay between the mutable processes of the mind and the unchanging awareness of consciousness, these …
Co-Constructing The Future Of Digital Intimacy, Chris Geeng, Lucy Qin, Allison Mcdonald, Amna Batool, Diana Freed, Oliver L. Haimson, Jevan Hutson, Elissa M. Redmiles, Zahra Stardust, Miranda Wei, Douglas Zytko
Co-Constructing The Future Of Digital Intimacy, Chris Geeng, Lucy Qin, Allison Mcdonald, Amna Batool, Diana Freed, Oliver L. Haimson, Jevan Hutson, Elissa M. Redmiles, Zahra Stardust, Miranda Wei, Douglas Zytko
Articles
The Internet, artificial intelligence, and other emerging technologies have transformed the way humans can interact with each other and express romance, sex, and other forms of intimacy. Digital intimacy, including online dating, sexual/intimate content sharing, online sex work, and romantic chatbots, has grown ubiquitous. This can both be a source of great joy, such as when connecting remote partners and supporting sexual self-expression, and a source of harms, including but not limited to image-based sexual abuse, deepfakes, location privacy violations, and technology-enabled intimate partner violence. As new technologies continue to transform digital intimacy, this workshop aims to create a sex-positive …
Religious Liberty, Public Accommodations, And Non-Discrimination: A Rapidly Emerging Injustice, Gordon Babst
Religious Liberty, Public Accommodations, And Non-Discrimination: A Rapidly Emerging Injustice, Gordon Babst
Political Science Faculty Books and Book Chapters
The decision in Burwell v. Hobby Lobby Stores, Inc., suggested to many that the scope of religious liberty was in a principled, logical way expanded to include free expression rights of corporate entities. It is concerning that many champion the decision as a basis for expanding religious exemptions to non-discrimination law as regards public accommodations, especially since the same reasoning that is being used with respect to the contemporary target of discrimination based in religious belief—American citizens who happen to be in a sexual minority—would apply by analogy, as it once did explicitly, to racial minorities. Unfortunately, given the …
Informing Choice: The Role Of Adoption In Women’S Pregnancy Decision-Making, Elizabeth R. Kirk, Ryan Hanlon
Informing Choice: The Role Of Adoption In Women’S Pregnancy Decision-Making, Elizabeth R. Kirk, Ryan Hanlon
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Don’T Trust The Vibes: A Better Test For Pop Music Copyright Infringement, Lauryn M. Sparger
Don’T Trust The Vibes: A Better Test For Pop Music Copyright Infringement, Lauryn M. Sparger
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Powers That Perpetuate Child Marriage In India, China, And The United States, Ava Kegler
The Powers That Perpetuate Child Marriage In India, China, And The United States, Ava Kegler
Undergraduate Honors Theses
Child marriage is a crisis that continues to be practiced in many countries around the world. This is not to discredit the progress that organizations like the United Nations Children’s Fund (UNICEF) and Girls Not Brides have made to aid countries in their process of eliminating child marriage. However, the commitment to completing the UN Sustainable Development Goal (SDG) of ending child marriage by 2030 seems less achievable as we enter 2025. The question this thesis considers is why this goal is challenging to reach. While child marriage is prominent in developing nations, caused by high poverty rates, low education, …
An Eye For An Eye Makes A Vigilant Society, Liam C. Preyer
An Eye For An Eye Makes A Vigilant Society, Liam C. Preyer
Capstone Showcase
Vigilantism is one of the oldest practices of mankind; for as long as there have been moral and legal laws to govern us and live by, there have been individuals who have sought justice outside these systems. Vigilantism is the response to failures in the justice system, and in the United States in particular, we have seen examples from the Western Frontier to the modern-day digital landscape. This paper will explore the nature of vigilante justice through historical, psychological, media-driven, legal, and digital lenses. We will explore how cultural narratives, media influences, government actions, and psychological motivations have shaped the …
George A. Leet Business Symposium: Introduction – Relational Contracts And Industrial Policy: Diversity Shows Discriminating Alignment In Choosing Organizational Structures And Enforcement Techniques, Juliet Kostritsky
Case Western Reserve Law Review
No abstract provided.
The Social Life Of Free Speech: Who Gets To Speak And Express?, Anurag Bhaskar
The Social Life Of Free Speech: Who Gets To Speak And Express?, Anurag Bhaskar
National Law School of India Review
The interdisciplinary scholarship on free speech, though developed outside the Indian context, underscores the necessity of re-examining free speech not just as an individual right against the State, but as a socially embedded phenomenon, conditioned by historical inequalities and prevailing systems of power. Building on this framework, this article advances an anti-caste perspective on freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. It examines the contours of free speech in a heterogeneous and hierarchically structured society, interrogating how caste hierarchies have shaped the boundaries of acceptable speech, and determining whose speech is heard and whose is …
Forced Migration And Women’S Empowerment: Evidence From Rohingya Refugees, Adam Chilton, Katerina Linos, Anup Malani
Forced Migration And Women’S Empowerment: Evidence From Rohingya Refugees, Adam Chilton, Katerina Linos, Anup Malani
Coase-Sandor Institute for Law & Economics Research Paper Series
We explore a paradox: high levels of satisfaction among forcibly displaced Rohingya women in informal camps in Hyderabad, India. Despite experiencing extreme poverty, loss of family and community, and high levels of gender-based violence after resettlement, both men and women—particularly women—report significant increases in satisfaction. We structured a representative household survey, employed a trusted female Muslim interviewer with deep ties to the local community, interviewed comparable numbers of men and women, and embedded list experiments in our questionnaire, to allow people to answer sensitive questions indirectly. We attribute this paradoxical finding to increased freedom post-resettlement, facilitated by economic, legal, and …
Procréation Assistée Par Autrui Et Fragmentation De La Maternité : Le Piège Du Récit Unique, Kévin Lavoie, Isabel Côté, Roxane Guay
Procréation Assistée Par Autrui Et Fragmentation De La Maternité : Le Piège Du Récit Unique, Kévin Lavoie, Isabel Côté, Roxane Guay
Canadian Journal of Family Law
La fragmentation de la maternité introduite par la fécondation in vitro est une source de préoccupations sociales et scientifiques depuis une quarantaine d’années. Les débats actuels sur la grossesse pour autrui et le don d’ovules, alimentés par les mouvements féministes et les discours publics, font état d’opinions et de convictions autour de l’infertilité, de la conception de la maternité et de la disponibilité du corps des femmes dans le processus d’enfantement. Les tensions qui avivent ces débats sociaux et intellectuels opposent deux visions polarisées au sein desquelles la voix des femmes concernées est peu entendue. Cet article vise à situer …
Private Wrongs, Public Impact: The Case For A Tort Of Family Violence, Pahul Gupta
Private Wrongs, Public Impact: The Case For A Tort Of Family Violence, Pahul Gupta
Canadian Journal of Family Law
This research paper investigates the adequacy of current civil actions available against a particular form of family violence: intimate partner violence (“IPV”). The paper identifies the torts which are most commonly applicable in the IPV context and argues that they fail to capture the cumulative harm associated with such conduct. It identifies the shortcomings of such causes of actions and analyzes the multifaceted factors contributing to the limitations and challenges IPV victims face when pursuing such claims.
The paper provides a brief background on the historical and legal context of family violence before moving on to identifying the various causes …
Intersecting Abuse Of People And Animals In Practice: Implications Of The Connection Between Intimate Partner Violence And Animal Abuse For Family Justice Professionals, Amy Fitzgerald, Valerie Monckton, Kerri Thomson, Kendra Coulter
Intersecting Abuse Of People And Animals In Practice: Implications Of The Connection Between Intimate Partner Violence And Animal Abuse For Family Justice Professionals, Amy Fitzgerald, Valerie Monckton, Kerri Thomson, Kendra Coulter
Canadian Journal of Family Law
According to recent estimates, 60% of Canadian homes have at least one cat or dog, and the number continues to climb. Often considered family members, these animals are vulnerable to family violence. Their presence can also render human victims of violence more vulnerable: research indicates many victims delay leaving their abuser out of concern for their animals or consider returning to the abusive relationship because their abuser has the animal companions. Despite a substantial body of literature documenting the link between intimate partner violence (IPV) and animal abuse, research has not examined how family law professionals encounter and deal with …
Factors Affecting The Joy Of Life In Old Age: A Scale Development Study, Yalçın Karagöz, Yusuf Karaşi̇n, Mustafa Filiz, Mehmet Ateş
Factors Affecting The Joy Of Life In Old Age: A Scale Development Study, Yalçın Karagöz, Yusuf Karaşi̇n, Mustafa Filiz, Mehmet Ateş
Adultspan Journal
This study aims to introduce a measurement tool into the literature that can reveal the factors affecting the joy of life in older adulthood. Participants included 266 individuals aged 55 and over living in Izmir, Turkey. The process of developing the scale includes the following stages: problem identification, item pool creation, expert opinion, form shaping, pilot application, and finalizing the scale. The exploratory factor analysis revealed that the scale consists of 6 different dimensions, and the variance explained by these dimensions was found to be 65.184%. The acceptable values for the scale's fit indicators are as follows: χ²/df0.90, IFI > 0.90, …
Judicial Economy In The Age Of Ai, Yonathan A. Arbel
Judicial Economy In The Age Of Ai, Yonathan A. Arbel
Articles
Individuals do not vindicate the majority of their legal claims because of access to justice barriers. This entrenched state of affairs is now facing a disruption. Lawyers and non-lawyers alike are adopting artificial intelligence (AI) tools to perform legal tasks tools that sharply reduce the costs of generating legal materials. There is finally hope that AI might allow many more to access justice.
Paradoxically, what we gain in access to justice we might lose in the delivery of justice. The problem is not that AI tools are ineffective. Indeed, they are even more effective than most realize affecting every stage …
Prosecuting Transnational Disinformation, Abdul Mahir Hazim
Prosecuting Transnational Disinformation, Abdul Mahir Hazim
Saint Louis University Law Journal
Disinformation, along with related terms such as fake news and misinformation, has dominated U.S. media and public discourse over the past decade. It has emerged as a persistent and growing global threat to democratic societies, particularly the United States. Since the 2016 elections, authoritarian regimes and U.S. adversaries, including China, Russia, and Iran, have increasingly leveraged disinformation as a strategic tool to damage public trust in institutions, undermine political processes such as elections, and weaken public confidence in the healthcare system. These efforts are also designed to sow division and erode democratic governance. The breakthroughs in generative artificial intelligence further …
Profess, Apply, Pickle, And Trash: Four Legal Educators' Approaches To The Law, David Ray Papke
Profess, Apply, Pickle, And Trash: Four Legal Educators' Approaches To The Law, David Ray Papke
Saint Louis University Law Journal
Outsiders might assume that law professors at a given school teach their students all of the laws. But alas, an undertaking of that sort would be impossible. The laws are simply too numerous and variable to be presented in full. What law professors can and do convey, meanwhile, are approaches to the selected laws they might be teaching. After graduation from law school, many lawyers will hold onto and use their professors’ approaches for the rest of their professional lives.
The Techcons, Chris Jay Hoofnagle
The Techcons, Chris Jay Hoofnagle
Loyola Consumer Law Review
Selling sometimes involves trickery. How should we decide what trickery is "swindling" versus ordinary "selling"? One method is elucidated in Yale Law Professor Arthur Leff's curious, lost-to-history book. In "Swindling and Selling: The Story of Legal and Illegal Congames", Leff showed how market structure is a powerful factor for distinguishing illegal confidence games ("congames") what he called "swindling" from legal "selling." Leff demonstrated how con artists weave narratives to convince marks they have a monopoly over some desirable asset. Con artists then manipulate marks to mistakenly believe they possess a monopsony over its capture.
This essay revisits Leff's mostly forgotten …
John P. Davis And The Joint Committee, Pamela A. Izvănariu
John P. Davis And The Joint Committee, Pamela A. Izvănariu
Michigan Journal of Race and Law
This Article uses archival research and social movement theory to recover a critical but untold story about how John P. Davis innovated novel modes of organizational mobilization and multidimensional advocacy to build power and movement at the intersection of race and the economy in the Jim Crow and New Deal era. It examines Davis’s mobilization of the Joint Committee on National Recovery (JCNR), recovers the mobilization and advocacy models Davis engineered, and tells of the fight Davis and the JCNR waged to achieve racial and economic justice and effect a new— and truly emancipatory—New Deal.
Institutionalized Ostracism, Danieli Evans
Institutionalized Ostracism, Danieli Evans
Michigan Journal of Race and Law
Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.
Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …
Choosing To Use Good Language In The "Adr" Field, John Lande
Choosing To Use Good Language In The "Adr" Field, John Lande
Faculty Publications
On October 30, 2024, Debra Berman posted a message on a listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. This article summarizes the listserv discussion about the term “ADR,” and demonstrates serious misconceptions embodied in popular concepts of “BATNA” and “facilitative” and “evaluative” mediation as well as other problematic language that we frequently use.
Language is a shared resource that can enable people to understand each other accurately and to improve our ideas and techniques. This article describes the many ways that language has huge effects on people’s thoughts and actions, and …
Transparency, Accountability, And Influence In The International Investment Law System, Jarrod Wong, Jason Yackee
Transparency, Accountability, And Influence In The International Investment Law System, Jarrod Wong, Jason Yackee
Michigan Journal of International Law
This article offers the first interdisciplinary critique of transparency in international investment law (“IIL”) that draws on transparency-skeptical and accountability scholarship in political science and public administration. Not only has the expansive IIL literature overlooked these disciplines, but much of it fails to define the core concept of transparency. Building on contributions from the fields of administrative law, international relations, and system theory in classic political science, we provide a novel functionalist account of transparency that traces a line from transparency to accountability to influence in the IIL system.
We make three arguments. First, transparency involves access to data that …
How Socially Comparing Emerging Research Institutions To Established Research Institutions Informs Proposed Amendments To The Bayh Dole Act, Clovia Hamilton
How Socially Comparing Emerging Research Institutions To Established Research Institutions Informs Proposed Amendments To The Bayh Dole Act, Clovia Hamilton
Marquette Intellectual Property & Innovation Law Review
Emerging research institutions have a problem with their lack of tech transfer, including start-up business formations. This study investigates that issue using social comparison theory as the framework for a novel experimental design. A group of 245 respondents, comprised of STEM faculty members and STEM administrators at emerging research institutions, completed a stated- choice survey based on the social comparison theory. The respondents were assessed on the level and extent that they compare their emerging research institution to well established research institutions with respect to research, technology commercialization, and academic entrepreneurship. Historically Black Colleges and Universities (HBCUs) in America were …
The Caseload Chronicles: Investigating The Case Manager Role Through The Perspectives Of Current Special Education Teachers, Khalil Milad Abouhamad
The Caseload Chronicles: Investigating The Case Manager Role Through The Perspectives Of Current Special Education Teachers, Khalil Milad Abouhamad
University of the Pacific Theses and Dissertations
Teacher attrition and resulting shortages have become severely problematic across the United States. This is especially true within special education. This study employs role theory (Kahn et al., 1964) to isolate the case manager role carried by special education teachers, investigate it through the stories of current practitioners, and establish it within academia. Burnout theory (Maslach, 1993) provides a lens through which to evaluate the strain of working conditions surrounding the case manager role. Elements of narrative inquiry (Clandinin, 2006; Creswell & Guetterman, 2019) in the form of 1-1 interviews with current IEP case managers from across California provided the …
Victim-Offender Relationships And Their Influence On Crime Brutality And Sentencing Outcomes In Capital Homicide Cases, Samantha Jane Trowbridge
Victim-Offender Relationships And Their Influence On Crime Brutality And Sentencing Outcomes In Capital Homicide Cases, Samantha Jane Trowbridge
Graduate Theses/Dissertations
This study examines capital murder cases in Missouri from 1976 to 2022 to explore how victim-offender relationships relate to both the brutality of homicides and sentencing outcomes. It addresses three main questions: What are the different types of victim-offender relationships in these cases, and how frequently does each type occur? How do these relationships influence sentencing outcomes, particularly the likelihood of receiving the death penalty versus life without parole? And which types of relationships are associated with the highest and lowest levels of brutality? The study uses official court records and applies a coding process to analyze relationship type, sentencing …
Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski
Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski
Publications and Research
Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …
In Search Of A Sea-Life Balance In An Adverse Environment : Understanding Seafarers' Life, Work And Turnover, Bikram Singh Bhatia, Raphael Baumler, Maria Carrera-Arce
In Search Of A Sea-Life Balance In An Adverse Environment : Understanding Seafarers' Life, Work And Turnover, Bikram Singh Bhatia, Raphael Baumler, Maria Carrera-Arce
Reports
The Officers’ Union of International Seamen (OUIS) commissioned the World Maritime University (WMU) to conduct the Work & Health Balance at Sea (WHEAB) project to examine some dimensions of seafarers’ working lives.
Building on exploratory interviews, a survey was designed and administered. The current report presents findings on work patterns (onboard and home periods), working hours, work-related stress, safety management system, shore leave, mental well-being, and career intention.
The survey gathered responses from 4,372 seafarers, mainly from India (n=1,098; 25.1%), the Philippines (n=690; 15.8%), the United States (U.S.) (n=501; 11.5%), and other worldwide regions (n=2,083; 47.6%). The overrepresentation of U.S. …
Neighborliness Vs. Car Culture: Traffic Violence, Pedestrian Deaths In Philadelphia, And Vision Zero's Concept Of Equity, Regina Austin
Neighborliness Vs. Car Culture: Traffic Violence, Pedestrian Deaths In Philadelphia, And Vision Zero's Concept Of Equity, Regina Austin
Journal of Law and Mobility
Vision Zero (VZ) is a transportation policy adopted by major cities like Philadelphia that aims to reduce or eliminate traffic violence, primarily through improvements in the transportation infrastructure. VZ prioritizes engineering (over enforcement), community engagement, and perhaps most importantly, equity. In the battle for superiority among users of land-based travel modes in America, automobile drivers have benefited from arterial highways that speed traffic flows around and through urban enclaves to reach center city business districts and from a car culture that encourages dominant behavior behind the wheel. Pedestrians have been among the losers.
In Philadelphia, as elsewhere, pedestrians who are …