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Articles 4771 - 4800 of 10243
Full-Text Articles in Entire DC Network
Postmarital Family Law: A Legal Structure For Nonmarital Families, Clare Huntington
Postmarital Family Law: A Legal Structure For Nonmarital Families, Clare Huntington
Faculty Scholarship
Family law is based on marriage, but family life increasingly is not. The American family is undergoing a seismic shift, with marriage rates steadily declining and more than four in ten children now born to unmarried parents. Children of unmarried parents fall far behind children of married parents on a variety of metrics, contributing to stark inequality among children. Poverty and related factors explain much of this differential, but new sociological evidence highlights family structure — particularly friction and dislocation between unmarried parents after their relationship ends — as a crucial part of the problem. As the trend toward nonmarital …
Children’S Health In A Legal Framework, Clare Huntington, Elizabeth S. Scott
Children’S Health In A Legal Framework, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …
Federal Sentencing In The States: Some Thoughts On Federal Grants And State Imprisonment, John F. Pfaff
Federal Sentencing In The States: Some Thoughts On Federal Grants And State Imprisonment, John F. Pfaff
Faculty Scholarship
As the movement to reduce the outsized scale of US incarceration rates gains momentum, there has been increased attention on what federal sentencing reform can accomplish. Since nearly 90% of prisoners are held in state, not federal, institutions, an important aspect of federal reform should be trying to alter how the states behave. Criminal justice, however, is a distinctly state and local job over which the federal government has next to no direct control. In this paper, I examine one way in which the federal government may be driving up state incarceration rates, and thus one way it can try …
The War On Drugs And Prison Growth: Limited Importance, And Limited Legislative Options, John F. Pfaff
The War On Drugs And Prison Growth: Limited Importance, And Limited Legislative Options, John F. Pfaff
Faculty Scholarship
No abstract provided.
China After The Reform Era, Carl F. Minzner
China After The Reform Era, Carl F. Minzner
Faculty Scholarship
China’s reform era is ending. Core factors that characterized it – political stability, ideological openness, and rapid economic growth – are unraveling. In part, this is the result of Beijing’s steadfast refusal to contemplate fundamental political reform. Since the early 1990s, this has fueled the rise of entrenched interests within the Communist Party itself. It has also contributed to the systematic underdevelopment of institutions of governance among state and society at large. Now, to address looming problems confronting the nation, Chinese leaders are progressively cannibalizing institutional norms and practices that have formed the bedrock of the regime's stability in the …
Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney
Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney
Faculty Scholarship
The first-year curriculum at American law schools has been remarkably stable for more than 100 years. Many would say ossified. At Harvard, the First-Year Course of Instruction in 1879-80 consisted of Real Property, Contracts, Torts, Criminal Law and Criminal Procedure, and Civil Procedure. These five courses-focused heavily on judge-made common law-dominated Harvard's IL curriculum from the law school's founding into the 21st century. The same five subjects have long commanded the primary attention of first-year students at Fordham, founded in 1905, and at virtually every other U.S. law school throughout the 20th century. Starting in the 1990s, however, a growing …
Local Judges And Local Government, Ethan J. Leib
Local Judges And Local Government, Ethan J. Leib
Faculty Scholarship
This interview-based empirical study explores how local judges view themselves and their crosscutting roles in local and state government. In particular, it considers local judges’ relationships with the public that elects them, the executive and legislative branches of their localities, and the larger statewide judicial bureaucracy of which they are a very large but somewhat disconnected part. The Article reports on the results of interviews with local judges at the county, town, and village levels — and suggests some broader lessons for scholars, officials, and policymakers interested and active in local government law and politics. Those who study local government …
Colorism And The Law In Latin America—Global Perspectives On Colorism Conference Remarks, Tanya K. Hernandez
Colorism And The Law In Latin America—Global Perspectives On Colorism Conference Remarks, Tanya K. Hernandez
Faculty Scholarship
Today, persons of African descent make up more than forty percent of the poor in Latin America and have been consistently marginalized and denigrated as undesirable elements of the society since the abolition of slavery across the Americas. However, Latin Americans still very much adhere to the notion that, because racial mixture and the absence of Jim-Crow racial segregation are such a marked contrast to the United States’ racial history, the region is what I term “racially innocent” and thus resistant to proposals that institutions use public policies of inclusion to address the entrenched racial disparities. This resistance exists despite …
The Myth Of The Double- Edged Sword: An Empirical Study Of Neuroscience Evidence In Criminal Cases, Deborah W. Denno
The Myth Of The Double- Edged Sword: An Empirical Study Of Neuroscience Evidence In Criminal Cases, Deborah W. Denno
Faculty Scholarship
This Article presents the results of my unique study of 800 criminal cases addressing neuroscience evidence over the past two decades (1992–2012). Many legal scholars have theorized about the impact of neuroscience evidence on the criminal law, but this is the first empirical study of its kind to systematically investigate how courts assess the mitigating and aggravating strength of such evidence. My analysis reveals that neuroscience evidence is usually offered to mitigate punishments in the way that traditional criminal law has always allowed, especially in the penalty phase of death penalty trials. This finding controverts the popular image of neuroscience …
Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Lois A. Weithorn, Dorit Rubenstein Reiss
Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Lois A. Weithorn, Dorit Rubenstein Reiss
Faculty Scholarship
No abstract provided.
A Response To The Ipcc Fifth Assessment, David Takacs
A Response To The Ipcc Fifth Assessment, David Takacs
Faculty Scholarship
No abstract provided.
Monitoring Youth: The Collision Of Rights And Rehabilitation, Kate Weisburd
Monitoring Youth: The Collision Of Rights And Rehabilitation, Kate Weisburd
Faculty Scholarship
A monumental shift in juvenile justice is underway, inspired by the wide recognition that incarceration is not the solution to youth crime. In its place, “electronic monitoring” has gained widespread support as a new form of judicial control over youth offenders. Supporters herald it as “jail-togo”: a cost-efficient alternative to incarceration that allows youth to be home while furthering rehabilitative and deterrent goals. But despite electronic monitoring’s intuitive appeal, virtually no empirical evidence suggests its effectiveness. Instead, given the realities of adolescent development, electronic monitoring may lead to more harm than good. This Article is the first to examine the …
The Future Of Polyamorous Marriage Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Leachman
The Future Of Polyamorous Marriage Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Leachman
Faculty Scholarship
No abstract provided.
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Faculty Scholarship
No abstract provided.
Troubled Waters Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Troubled Waters Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Faculty Scholarship
No abstract provided.
Race In The Life Sciences: An Empirical Assessment, 1950 - 2000, Osagie K. Obasogie
Race In The Life Sciences: An Empirical Assessment, 1950 - 2000, Osagie K. Obasogie
Faculty Scholarship
The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most notorious applications of biological race-eugenics and the Holocaust-moved scientists away from thinking that race reflects inherent differences and toward an understanding that race is a largely social, cultural, and political phenomenon. This understanding of the evolution of race as a scientific idea informed the way that …
Interdisciplinary Research And Environmental Law, Dave Owen, Caroline Noblet
Interdisciplinary Research And Environmental Law, Dave Owen, Caroline Noblet
Faculty Scholarship
No abstract provided.
Class Counsel As Litigation Funders, Morris A. Ratner
Class Counsel As Litigation Funders, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Reforming Law Schools: A Manifesto, Frank H. Wu
Reforming Law Schools: A Manifesto, Frank H. Wu
Faculty Scholarship
No abstract provided.
Is There A "Duty To Read"?, Charles L. Knapp
Is There A "Duty To Read"?, Charles L. Knapp
Faculty Scholarship
The notion that there is in general contract law a "duty to read" persists in the decisions of American courts. This Article explores the general question of what it may mean to say that there is a "duty to read," and concludes by suggesting what role (if any) that doctrine should play in our present-day law of contract. The Article begins by examining various ways in which the "duty to read" is commonly articulated, and compares it to other contract law concepts: the "duty to bargain in good faith" and the "duty to mitigate damages." The Article next considers a …
Right To The City Or Urban Commoning? Thoughts On The Generative Transformation Of Property Law, Ugo Mattei, Alessandra Quarta
Right To The City Or Urban Commoning? Thoughts On The Generative Transformation Of Property Law, Ugo Mattei, Alessandra Quarta
Faculty Scholarship
No abstract provided.
After Amnesties Are Gone: Latin American National Courts And The New Contours Of The Fight Against Impunity, Naomi Roht-Arriaza
After Amnesties Are Gone: Latin American National Courts And The New Contours Of The Fight Against Impunity, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
On The Causes Of Effects Response To Pearl, David Faigman, Philip A. Dawid, Steven E. Feinberg
On The Causes Of Effects Response To Pearl, David Faigman, Philip A. Dawid, Steven E. Feinberg
Faculty Scholarship
No abstract provided.
Patent Demands And Initial Public Offerings, Robin Feldman, Evan Frondorf
Patent Demands And Initial Public Offerings, Robin Feldman, Evan Frondorf
Faculty Scholarship
Quantitative analysis of patent behavior is critical, as congressional and regulatory agencies consider the impact of patent trolling on modern markets. Anecdotal evidence has suggested that “non-practicing entities,” also known as “patent trolls,” specifically target companies for lawsuits, licensing demands, or other monetization activity as firms approach or complete major funding events, such as their initial public offering (IPO). To test this narrative, we survey in-house legal staff at companies that have recently gone public about their exposure to patent demands surrounding their first round of venture capital funding and their IPO. The study is one of the first attempts …
Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little
Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little
Faculty Scholarship
No abstract provided.
Toward A More Perfect Union?: The Dangers Of Conflating Progress And Equality, Leo P. Martinez
Toward A More Perfect Union?: The Dangers Of Conflating Progress And Equality, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Politics Of Nonenforcement, Zachary S. Price
Politics Of Nonenforcement, Zachary S. Price
Faculty Scholarship
No abstract provided.
Institutionalized Disruption: The Rise Of The Reformer Startup, Abraham Cable
Institutionalized Disruption: The Rise Of The Reformer Startup, Abraham Cable
Faculty Scholarship
No abstract provided.
Preface, Scott Dodson
A Genuine Civil Justice Crisis?, Richard L. Marcus
A Genuine Civil Justice Crisis?, Richard L. Marcus
Faculty Scholarship
No abstract provided.