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Articles 991 - 1020 of 1575
Full-Text Articles in Entire DC Network
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Articles
No abstract provided.
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
Articles
The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …
Afterword "We Are Now Of The View"*: Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes
Afterword "We Are Now Of The View"*: Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes
Articles
No abstract provided.
Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha
Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha
Articles
No abstract provided.
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Articles
No abstract provided.
Credit Cards On Campus: Academic Inquiry, Objective Empiricism, Or Advocacy Research?, Robert Manning, Ray Kirshak
Credit Cards On Campus: Academic Inquiry, Objective Empiricism, Or Advocacy Research?, Robert Manning, Ray Kirshak
Articles
Professors John M. Barron and Michael E. Staten's article in Vol. 34, N. 3 of the Journal of Student Financial Aid, "Usage of Credit Cards Received through College Student Marketing Programs," purports to "provide benchmark measures of college student credit card usage" (p. 7). Based on empirical analysis of proprietary industry data, they conclude that "There is no evidence... that young adults who received credit cards through student-marketing programs are misusing cards so frequently as to warrant singling them out as a group for special protections from marketing solicitations" (p. 25). Their key assertions, which portray on-campus credit card marketing …
Intimacy And Economic Exchange, Jill Elaine Hasday
Intimacy And Economic Exchange, Jill Elaine Hasday
Articles
The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships. The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …
Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen
Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen
Articles
This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
Articles
No abstract provided.
Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes
Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes
Articles
No abstract provided.
The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert
The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert
Articles
In 1970, there were about 4000 African American lawyers in the United States. Today there are more than 40,000. The great majority of the 40,000 have attended schools that were once nearly all-white, and most were the beneficiaries of affirmative action in their admission to law school. American law schools and the American bar can justly take pride in the achievements of affirmative action: the training of tens of thousands of African American (as well as Latino, Asian American, and Native American) practitioners, community leaders, judges, and law professors; the integration of the American bar; the services that minority attorneys …
Si Se Puede, But Who Gets The Gravy Symposium: Going Back To Class - The Reemergence Of Class In Critical Race Theory, Richard Delgado
Si Se Puede, But Who Gets The Gravy Symposium: Going Back To Class - The Reemergence Of Class In Critical Race Theory, Richard Delgado
Articles
No abstract provided.
By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes
By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes
Articles
Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Articles
In the United States, the state and federal courts often has been the first port of call for activists hoping to advance the cause of same-sex couples. State courts, in particular, have ruled on occasion that guarantees of equal rights or due process contained in state constitutions require recognition of same-sex marriage or civil unions. These court decisions, in turn, have sparked a legislative backlash. Legislators and voters have rejected these court decisions by amending state constitutions to limit the rights of same-sex couples. The European Union represents, in some ways, the mirror image of the United States experience. The …
The Current Landscape Of Race: Old Targets, New Opportunities 2006 Survey Of Books Relating To The Law - Part Ii: Critical Race Theory & Constitutional Law, Richard Delgado
Articles
No abstract provided.
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Articles
Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Articles
The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.
Couple Dynamic In Household Tourism Decision Making: Women As The Gatekeepers?, Ziene Mottiar, Deirdre Quinn
Couple Dynamic In Household Tourism Decision Making: Women As The Gatekeepers?, Ziene Mottiar, Deirdre Quinn
Articles
The purpose of this study is to explore household tourism decision making. There is an extensive literature on consumer choice in general. In terms of tourism, the main focus has been on motivational factors. However, as part of the emergence of a literature which studies the issues of tourism and gender, there are some authors who focus on holiday decision making. In this context the focus here is the distinctive roles and power relations within a couple. The study is exploratory in nature and employs a self-administered questionnaire. It is concluded that the overall consumption of a holiday is largely …
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Articles
No abstract provided.
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
Privatizing Reparations, Saul Levmore
Reply: Legitimacy And Obedience, David A. Strauss
The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim
The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim
Articles
No abstract provided.
Book Review, Distant Proximities By James N. Rosenau, Nicholas Stephanopoulos
Book Review, Distant Proximities By James N. Rosenau, Nicholas Stephanopoulos
Articles
No abstract provided.
Democracy, Markets, And Doomsaying: Is Ethnic Conflict Inevitable? (Reviewing Amy Chua, World On Fire : How Exporting Free Market Democracy Breeds Ethnic Hatred And Global Instability (2003)), Tom Ginsburg
Articles
No abstract provided.
The Search For Coherence In The Use Of Foreign Court Judgements By The Supreme Court Of Ireland, Bruce Carolan
The Search For Coherence In The Use Of Foreign Court Judgements By The Supreme Court Of Ireland, Bruce Carolan
Articles
The reference to foreign court judgments by the US Supreme Courts - particularly in cases involving the US Constitution - has sparked controversy. This controversy flared in Lawrence v. Texas, where Justice Scalia criticized Justice Kennedy for reference to judgments by the European Court of Human Rights in Justice Kennedy's majority opinion striking down the Texas sodomy statute. This article examines the issue from a different perspective: references to 'foreign' court judgments (including US Supreme Court opinions) by the Supreme Court of Ireland. The article examines the Irish Supreme Court's use of judgments from the European Court of Justice, the …
Spectres Of Law And Economics (Book Review), William H. Widen
Spectres Of Law And Economics (Book Review), William H. Widen
Articles
No abstract provided.
The Fair City Production Line: An Examination Of Soap Opera’S Potential Contribution To The Public Sphere, Edward Brennan
The Fair City Production Line: An Examination Of Soap Opera’S Potential Contribution To The Public Sphere, Edward Brennan
Articles
Between December 2000 and February 2001 the Irish soap opera Fair City ran an unprecedented, risky and controversial abortion storyline. This came before a looming referendum on the legality of abortion. Here, Fair City was not just offering entertainment, but provoking debate and discussion on a divisive issue in Irish society. In this case, and many others, it appears that soap opera, by promoting such discussion, may contribute to the formation of public opinion in contemporary civil society. Heretofore, most academic studies have overlooked the possible consequences of soap opera for civil society, public opinion and the democratic process. This …
The Future Of Sustainable Development: A European Perspective, Ruth Kelly
The Future Of Sustainable Development: A European Perspective, Ruth Kelly
Articles
We are living in times of turbulence and complex changes without precedent in history. It is becoming increasingly evident that humans are an intrinsic component of nature in that their actions affect both the biotic and abiotic environments, and are in turn affected by everything that shapes those environments. In evolutionary terms, population growth, societal restructuring, exhaustion of natural resources and technological advancements have usually been so slow as to be indiscernible during an individual lifetime. However, in the past two centuries the global economy has shown exponential growth, transforming the character of the planet and especially of human life …
Mercy Lawyers, Anthony V. Alfieri