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Articles 8461 - 8490 of 25435
Full-Text Articles in Entire DC Network
A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen Pita Loor
A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen Pita Loor
Faculty Scholarship
This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. SCOMM has now been revived through …
Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich
Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich
Faculty Scholarship
As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …
Instrumental And Transformative Medical Technologies, Nicole Huberfeld
Instrumental And Transformative Medical Technologies, Nicole Huberfeld
Faculty Scholarship
This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (A CA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being "instrumental technology" or "transformative technology." Instrumental technology acts as a tool of medicine and often serves an existing aspect of health …
Insights From Psychology: Teaching Behavioral Legal Ethics As A Core Element Of Professional Responsibility, Tigran W. Eldred
Insights From Psychology: Teaching Behavioral Legal Ethics As A Core Element Of Professional Responsibility, Tigran W. Eldred
Faculty Scholarship
The field of behavioral legal ethics—which draws on a large body of empirical research to explore how subtle and often unconscious psychological factors influence ethical decision-making by lawyers—has gained significant attention recently, including by many scholars who have called for a pedagogy that incorporates behavioral lessons into the professional responsibility curriculum. This Article provides one of the first comprehensive accounts of how law teachers can meet this challenge. Based on an approach that employs a variety of experiential techniques to immerse students in the contextual and emotional aspects of legal practice, it provides a detailed model of how to teach …
Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner
Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner
Faculty Scholarship
Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …
Reducing Wasteful Incarcerations, Christopher Robertson, Jamie Cox Robertson
Reducing Wasteful Incarcerations, Christopher Robertson, Jamie Cox Robertson
Faculty Scholarship
Prisons are essential to a safe and civil society. Prisons are also costly for the taxpayers whose government houses, feeds, medicates, and supervises millions of people underlock and key.This expense is compounded by errors in the u.S. legal system that produces both false guilty verdicts and overly harsh penalties. It’stime forthe united States to take a closer look at these unnecessary incarcerations. By working to release prisoners who don’t belong in prison, we can lower the costs of the prison system—not to mention restore freedom to people who are wrongly being deprived of it. unfortunately, it is difficult to identify …
Big Legal History And The Hundred Year Test, David J. Seipp
Big Legal History And The Hundred Year Test, David J. Seipp
Faculty Scholarship
The generation of legal historians working in the opening decades of the twenty-first century have an opportunity to use digital technology to bring the sources of legal history to a wider audience of scholars and to facilitate the research of future scholars for many generations to come. I say this because, commencing in 1999, I compiled a searchable database of identifying information about and content of the 22,318 reports in the Year Books, cases decided in England's courts of common law between 1268 and 1535. With the generous support and sponsorship of the Ames Foundation, my database has become an …
Race And Reform In Twenty-First Century America: Foreword, Trina Jones, Guy-Uriel Charles, Angela Onwuachi-Willig
Race And Reform In Twenty-First Century America: Foreword, Trina Jones, Guy-Uriel Charles, Angela Onwuachi-Willig
Faculty Scholarship
In November 2015, approximately two hundred activists, academics, and students from across the United States convened at Duke University School of Law for a conference entitled The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America. Planning for the conference had commenced a year earlier, in the fall of 2014. At that time, the nation was reeling from the deaths of Rekia Boyd, Eric Garner, John Crawford III, and Michael Brown, among others. In addition to the killing of these unarmed Black men and women by law enforcement personnel, many people, particularly within the civil …
Fda's Troubling Failures To Use Its Authority To Regulate Genetically Modified Foods, Leslie Francis, Robin Kundis Craig, Erika George
Fda's Troubling Failures To Use Its Authority To Regulate Genetically Modified Foods, Leslie Francis, Robin Kundis Craig, Erika George
Faculty Scholarship
This Article concerns the particular regulatory responsibilities only of FDA. It sets to one side the possible regulatory authority of agencies such as the Environmental Protection Agency ("EPA") or the U.S. Department of Agriculture ("USDA"). This approach risks replicating the regulatory fracture introduced during the Reagan Administration and criticized by some scholars,15 but there is a great deal to say about current FDA practices. Out of similar considerations of space and focus, this Article also sets to one side many other important issues that surround GM foods: intellectual property rights; rights to free speech or commercial speech; fair trade …
Regional Federal Administration, Dave Owen
Asylum And Terrorism: The Death Of Human Rights Law?, Moria Paz
Asylum And Terrorism: The Death Of Human Rights Law?, Moria Paz
Faculty Scholarship
No abstract provided.
Civil Procedure Rules For European Courts, Geoffrey C. Hazard Jr.
Civil Procedure Rules For European Courts, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Are Asian Americans Now White?, Frank H. Wu
The End(S) Of Legal Education, Frank H. Wu
The End(S) Of Legal Education, Frank H. Wu
Faculty Scholarship
Legal education is in jeopardy. There is no longer sufficient demand for the juris doctor degree from prospective students; the supply of seats exceeds the number of applicants possessing the credentials that have until recently been preferred by each respective institution. As a consequence, schools have had to implement “tuition discounting” at unprecedented levels even to enroll fewer individuals who are less qualified by conventional predictors. Meanwhile, the mainstream press, with encouragement from the organized bar, has excoriated the legal academy for its failures, whether real or perceived. These critics have wondered about the “return on investment.”
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit R. Reiss, Rene F. Najera
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit R. Reiss, Rene F. Najera
Faculty Scholarship
No abstract provided.
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan
Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan
Faculty Scholarship
No abstract provided.
Startups And Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, Robin Feldman
Startups And Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, Robin Feldman
Faculty Scholarship
No abstract provided.
Law Enforcement As Political Question, Zachary S. Price
Law Enforcement As Political Question, Zachary S. Price
Faculty Scholarship
No abstract provided.
Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall
Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall
Faculty Scholarship
This study details how gender bias plays out in everyday workplace interactions in science, technology, engineering, and math (STEM). It is based on in-depth interviews with 60 women scientists of color (chiefly professors), and a survey of 557 women scientists (of all races). Different types of gender bias were reported at different rates. Prescriptive gender bias was most common (76.3% of women interviewed reported it), followed by descriptive gender bias (66.7%) and gender bias triggered by motherhood (64.0%); just over half of the women interviewed (55.3%) reported situations in which gender bias against women fueled conflicts among women. The survey …
Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould
Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould
Faculty Scholarship
No abstract provided.
Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,, Kate Bloch
Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,, Kate Bloch
Faculty Scholarship
No abstract provided.
Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory Little
Faculty Scholarship
No abstract provided.
“What Is Old Is New Again”: Comments On Malcolm Feeley’S Tappan Lecture, Hadar Aviram
“What Is Old Is New Again”: Comments On Malcolm Feeley’S Tappan Lecture, Hadar Aviram
Faculty Scholarship
No abstract provided.
After The Tmdls, Dave Owen
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan
Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan
Faculty Scholarship
No abstract provided.
Improving Access To Justice In Developing And Post-Conflict Countries: Practical Examples From The Field, Jessica Vapnek, Peter Boaz, Helga Turku
Improving Access To Justice In Developing And Post-Conflict Countries: Practical Examples From The Field, Jessica Vapnek, Peter Boaz, Helga Turku
Faculty Scholarship
No abstract provided.
Cultural Factors And Ethical Integrity, Jessica Vapnek
Cultural Factors And Ethical Integrity, Jessica Vapnek
Faculty Scholarship
No abstract provided.
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit Rubinstein Reiss, Rene F. Najera
First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit Rubinstein Reiss, Rene F. Najera
Faculty Scholarship
No abstract provided.