Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (31)
- University of Pittsburgh School of Law (28)
- University of Miami Law School (14)
- Singapore Management University (8)
- American University Washington College of Law (6)
-
- Chicago-Kent College of Law (6)
- Cornell University Law School (5)
- Duke Law (5)
- Pace University (5)
- University of Michigan Law School (5)
- Columbia Law School (4)
- Georgia State University College of Law (4)
- Schulich School of Law, Dalhousie University (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Missouri-Kansas City School of Law (4)
- Boston University School of Law (3)
- Florida State University College of Law (3)
- Fordham Law School (3)
- Texas A&M University School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Connecticut (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- City University of New York (CUNY) (2)
- Florida A&M University College of Law (2)
- Georgetown University Law Center (2)
- New York Law School (2)
- Osgoode Hall Law School of York University (2)
- UIC School of Law (2)
- University of Georgia School of Law (2)
- Washington University in St. Louis (2)
- Keyword
-
- Law and Society (7)
- Race (7)
- Children (6)
- Civil rights (6)
- Legal history (6)
-
- Public health (6)
- Constitutional law (5)
- Democracy (5)
- Privacy (5)
- Regulation (5)
- Tax (5)
- Antitrust (4)
- Consumer protection (4)
- Criminal law (4)
- Discrimination (4)
- Employment discrimination (4)
- Gender (4)
- Jurisprudence (4)
- Legal education (4)
- Legislation (4)
- Sentencing (4)
- Women (4)
- Administrative law (3)
- Copyright (3)
- Economics (3)
- Empirical studies (3)
- Equal Protection Clause (3)
- Equal protection (3)
- Finance (3)
- Gay (3)
- Publication
-
- Articles (41)
- All Faculty Scholarship (37)
- Faculty Scholarship (24)
- Research Collection Yong Pung How School Of Law (8)
- Scholarly Works (8)
-
- Articles in Law Reviews & Other Academic Journals (6)
- Cornell Law Faculty Publications (5)
- Elisabeth Haub School of Law Faculty Publications (5)
- Faculty Publications By Year (4)
- Faculty Works (4)
- Articles, Book Chapters, & Popular Press (3)
- Book Chapters (3)
- Faculty Articles and Papers (3)
- Faculty Publications (3)
- Scholarly Publications (3)
- Articles & Chapters (2)
- Faculty Articles (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Publications (2)
- Publications and Research (2)
- Scholarship@WashULaw (2)
- UIC Law Open Access Faculty Scholarship (2)
- All Faculty Publications (1)
- All Papers (1)
- Articles & Book Chapters (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Articles and Other Publications (1)
- Government and History Faculty Working Papers (1)
- Law & Economics Working Papers (1)
- Law Faculty Publications (1)
Articles 181 - 187 of 187
Full-Text Articles in Law
Racial Profiling As Collective Definition, Trevor George Gardner
Racial Profiling As Collective Definition, Trevor George Gardner
Scholarship@WashULaw
Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice. However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In the article, I review the literature on group distinction to …
Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller
Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller
Faculty Scholarship
An examination of the influence of street stops on the legal socialization of young men showed an association between the number of police stops they see or experience and a diminished sense of police legitimacy. This association was not primarily a consequence of the number of stops or of the degree of police intrusion during those stops. Rather, the impact of involuntary contact with the police was mediated by evaluations of the fairness of police actions and judgments about whether the police were acting lawfully. Whether the police were viewed as exercising their authority fairly and lawfully shaped the impact …
Do Defaults On Payday Loans Matter?, Ronald J. Mann
Do Defaults On Payday Loans Matter?, Ronald J. Mann
Faculty Scholarship
This essay examines the effect on a borrower’s financial health of failure to repay a payday loan. Recent regulatory initiatives suggest an inclination to add an “ability to pay” requirement to payday-loan underwriting that would be fundamentally inconsistent with the nature of the product. Because the premise of that regulation would be that borrowers suffer harm when they fail to repay such a loan, it is timely to examine the after-effects of such a default empirically. This essay examines that question using a dataset that combines payday borrowing histories with credit bureau information.
The essay uses a difference-in-difference approach, comparing …
The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt
The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt
Faculty Scholarship
This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left …
Health Law As Social Justice, Lindsay Wiley
Health Law As Social Justice, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and …
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer
Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer
Scholarly Works
Paul Moreno, the Grewcock Chair in Constitutional History at Hillsdale College, sets out to explain how the natural rights constitutionalism of the Founders was replaced by an ‘entitlement-based welfare state of modern liberalism’ by the late 1930s. The book is an ‘analytic narrative’, drawing on both constitutional theory and current ‘public choice’ law and economics, and contributes to recent scholarship by libertarian-minded legal scholars, such as David Bernstein and David Mayer, among others.