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Articles 1531 - 1560 of 3251
Full-Text Articles in Entire DC Network
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
Articles
No abstract provided.
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
Articles
No abstract provided.
Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein
Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein
Articles
No abstract provided.
The Romance Of Force: James Fitzjames Stephen On Criminal Law, Richard A. Posner
The Romance Of Force: James Fitzjames Stephen On Criminal Law, Richard A. Posner
Articles
No abstract provided.
Structural Constitutionalism As Counterterrorism, Aziz Huq
Structural Constitutionalism As Counterterrorism, Aziz Huq
Articles
During the past decade, federal courts have adjudicated proliferating challenges to novel policy responses to terrorism. Judges often resolve the individual rights and statutory interpretation questions implicated in those controversies by deploying presumptions or rules of thumb derived from the Constitution's Separation of Powers. These "structural constitutional presumptions" serve as heuristics to facilitate adjudication and to enable judicial bypass of difficult legal, policy, and factual questions. This Article challenges the use of such structural presumptions in counterterrorism cases. Drawing upon recent empirical research in political science, political psychology, and security studies, it demonstrates that abstract eighteenth-century Separation of Powers ideals …
An Exploration Of The Effects Of The Servicescape On Customer And Employee Responses In A Grocery Retail Context, Treasa Kearney, Joseph Coughlan, Aileen Kennedy
An Exploration Of The Effects Of The Servicescape On Customer And Employee Responses In A Grocery Retail Context, Treasa Kearney, Joseph Coughlan, Aileen Kennedy
Articles
This research investigates the impact of the servicescape on the responses of both the customer and the employee within a retail grocery setting and is exploratory in nature. The paper has its theoretical underpinning in servicescape theory (Bitner, 1992; Homburg and Stock, 2004), physical work environment literature (Davis, 1984; Kuenzi and Schminke, 2009) and the Service Profi t Chain (SPC) (Heskett et al., 1994). Interviews with grocery retail store managers were carried out to contextualise the paper though the main research instrument is a large-scale survey of customers and employees. The fi ndings suggest that almost 50 per cent of …
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
Articles
The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Articles
No abstract provided.
Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin
Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin
Articles
Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie’s Educating Lawyers and the Clinical Legal Education Association’s Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors’ Implicit Racial Biases, Pamela A. Wilkins
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors’ Implicit Racial Biases, Pamela A. Wilkins
Articles
How can capital defense lawyers craft narratives that neutralize jurors’ unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …
An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton
An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton
Articles
No abstract provided.
Some Realism About Responsive Tax Administration, Leigh Osofsky
Some Realism About Responsive Tax Administration, Leigh Osofsky
Articles
No abstract provided.
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
Articles
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …
Talk About Talking About Constitutional Law, Adam M. Samaha
Talk About Talking About Constitutional Law, Adam M. Samaha
Articles
Constitutional theory branches into decision theory and discourse theory. The former branch concentrates on how constitutional decisions are or should be made, the latter on how constitutional issues are or should be discussed, For its part, originalism initially was promoted as a method for resolving constitutional disagreement, but it has spread into discourse theory as well. Jack Balkin's "living originalism" illustrates this extension. This Article examines inclusive versions of originalism like Balkin's that permit many different answers to constitutional questions. The Article then suggests pathologies associated with loose constitutional discourse in general. For instance, a large domain for constitutional discourse …
Applying International Human Rights Standards To The Restraint And Seclusion Of Students With Disabilities, David Weissbrodt, Willy Madeira, Daniel Stewart, William Dikel
Applying International Human Rights Standards To The Restraint And Seclusion Of Students With Disabilities, David Weissbrodt, Willy Madeira, Daniel Stewart, William Dikel
Articles
No federal law in the United States prohibits school administrators from physically restraining or secluding students. 1 State laws diverge widely. 2 Unlike in medical, psychiatric, and law enforcement settings, where strict national standards govern the use of physical restraint and seclusion, many schools may have no, or inconsistent, guidelines to follow in deciding when the use of force upon students is appropriate. 3 This lack of industry-approved protocol and standardized training of school personnel makes restraint and seclusion susceptible to misapplication and abuse. 4
Cognitive Warfare And Young Black Males In America, Perry L. Moriearty, William Carson
Cognitive Warfare And Young Black Males In America, Perry L. Moriearty, William Carson
Articles
The result was a veritable feedback loop whose cognitive output, the mental imprint of "morally impoverished" "super- predators,"14 continually fed its input. [...]even as crime rates among black youth have dropped steadily since the mid-1990s, these selfreinforcing associations and dissociations have prompted lawmakers and their constituents to continue to support laws and policies that they know disproportionately punish and incapacitate young black males. [...]is the apparent extent to which even subliminal racial primes can influence our perceptions of individuals.
Deidentification And Reidentification In Returning Individual Findings From Biobank And Secondary Research: Regulatory Challenges And Models For Management, William Mcgeveran, Leili Fatehi, Pari Mcgarraugh
Deidentification And Reidentification In Returning Individual Findings From Biobank And Secondary Research: Regulatory Challenges And Models For Management, William Mcgeveran, Leili Fatehi, Pari Mcgarraugh
Articles
No abstract provided.
Advancing Feminist Positioning In The Field Of Transitional Justice, Fionnuala Ní Aoláin
Advancing Feminist Positioning In The Field Of Transitional Justice, Fionnuala Ní Aoláin
Articles
No abstract provided.
Siblings In Law, Jill Elaine Hasday
The Myth Of The Magic Circle: Rejecting A Single Governance Model, Trey Hickman, Kristin Hickman
The Myth Of The Magic Circle: Rejecting A Single Governance Model, Trey Hickman, Kristin Hickman
Articles
No abstract provided.
Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson
Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson
Articles
This Article analyzes the environmental justice implications of the BP Deepwater Horizon oil spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems result from a mix of inadequate information, failure to incorporate environmental justice into planning, and statutory provisions that favor oil companies and limit protections for vulnerable populations. It proposes ways in which to address these causes in the context of this disaster and more broadly.
Women In The Post-Conflict Process: Reviewing The Impact Of Recent Un Actions In Achieving Gender Centrality, Dina Francesca Haynes, Naomi Cahn, Fionnuala Ní Aoláin
Women In The Post-Conflict Process: Reviewing The Impact Of Recent Un Actions In Achieving Gender Centrality, Dina Francesca Haynes, Naomi Cahn, Fionnuala Ní Aoláin
Articles
The post-conflict terrain provides multiple opportunities for transformation on many different levels: protecting civilians, providing accountability for human rights violations committed during hostilities, reforming local and national laws, reintegrating soldiers, rehabilitating and providing redress for victims, establishing or re-establishing the rule of law, creating human rights institutions and new governance structures, altering cultural attitudes, improving socioeconomic conditions, and transforming gender roles and women’s status. This Article explores the effort to make gender central in the various legal and political regimes and processes in operation post-conflict, and specifically reviews SCR 1325 and its successor resolutions to assess their real contributions towards …
Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio
Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio
Articles
We review the literature on determinants of ethnic/national self-identities and self-esteem as a prelude to examining these outcomes among a large, statistically representative sample of second generation adolescents in Madrid and Barcelona. While these psycho-social outcomes are malleable, they still represent important dimensions of immigrant adaptation and can have significant consequences both for individual mobility and collective mobilizations. Current theories are largely based on data from the United States and other Anglophone countries. The availability of a new large Spanish survey allows us to test those theories in an entirely different socio-cultural context. In addition to having data on close …
What Liaisons Say About Themselves And What Faculty Say About Their Liaisons, A U.S. Survey, Julie Arendt, Megan Lotts
What Liaisons Say About Themselves And What Faculty Say About Their Liaisons, A U.S. Survey, Julie Arendt, Megan Lotts
Articles
Liaison librarians and faculty in chemistry, English, and psychology departments at colleges and universities in the United States were surveyed. They answered questions about services provided by the liaison and satisfaction. Liaisons’ satisfaction with their performance was associated with active liaison service, such as recent contact with the department and more time spent on liaison work. Faculty satisfaction with liaisons was associated with contact with their liaisons. We did not find associations between liaisons’ descriptions of their work and faculty satisfaction with their liaisons for the pairs of faculty and their liaisons we were able to match.
The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart
The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart
Articles
No abstract provided.
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
Articles
No abstract provided.
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Articles
Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …
Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane
Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane
Articles
This Article provides an introduction to, and brief overview of trauma, its impact upon foster children, and steps children's advocates" can take to lessen or ameliorate the impact of trauma upon their clients. This Article begins in Part 11 by defining relevant terms. Part III addresses the prevalence of trauma among children entering the child welfare system. Part IV considers the neurodevelopmental (i.e., the developing brain) impact of trauma on children and will explore how that trauma may manifest emotionally and behaviorally. With this foundation in place, Part V discusses the need for a comprehensive trauma assessment including a thorough …
Is Tort Law A Form Of Institutionalized Revenge, Gabriel S. Mendlow
Is Tort Law A Form Of Institutionalized Revenge, Gabriel S. Mendlow
Articles
Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing onerous burdens on their injurers. Through the remedy of injunction, tort law enables victims to restrict their injurers' freedom of action, and through the remedies of damages and restitution, tort law enables victims to deprive their injurers of money and other things of value. Moreover, tort law distinctively grants victims themselves the power to impose these burdens, rather than reserving prosecutorial discretion to the state. These features of tort law invite the charge that tort law is essentially a form of institutionalized revenge. …
Idiosyncratic Distances: Impact Of Mobile Technology Practices On Role Segmentation And Integration, Nicolas Battard, Vincent Mangematin
Idiosyncratic Distances: Impact Of Mobile Technology Practices On Role Segmentation And Integration, Nicolas Battard, Vincent Mangematin
Articles
Mobile technologies have brought convenience, flexibility and connectedness in our lives by enabling us to be reachable anywhere and anytime. All of our environments such as work and home converge through a single device and we can now receive private calls at work and professional calls during the weekend. Mobile technologies have transformed geographical distances and allow unplanned interruptions. While boundary theory suggests that individuals create, maintain and modify their boundaries in order to classify and simplify their environments, we focus here on how people use their devices and manage the boundaries that have been erased by mobile technologies. Based …