Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (1223)
- St. Mary's University (1123)
- University of Michigan Law School (910)
- University of Pennsylvania Carey Law School (836)
- SelectedWorks (569)
-
- Seattle University School of Law (462)
- American University Washington College of Law (448)
- University of Pittsburgh School of Law (447)
- University of Miami Law School (373)
- Roger Williams University (344)
- BLR (335)
- New York Law School (235)
- University at Buffalo School of Law (234)
- Maurer School of Law: Indiana University (226)
- Pepperdine University (217)
- University of Colorado Law School (212)
- Texas A&M University School of Law (194)
- Schulich School of Law, Dalhousie University (193)
- Fordham Law School (190)
- University of Georgia School of Law (172)
- Cornell University Law School (170)
- Vanderbilt University Law School (164)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (153)
- Brooklyn Law School (146)
- University of Maryland Francis King Carey School of Law (143)
- Georgetown University Law Center (141)
- UIC School of Law (135)
- Columbia Law School (127)
- University of Richmond (118)
- Washington and Lee University School of Law (118)
- Keyword
-
- Law and Society (832)
- St. Mary’s University School of Law (435)
- St. Mary’s Law Journal (401)
- Law (348)
- Race (319)
-
- Discrimination (278)
- Jurisprudence (278)
- Constitutional Law (273)
- Women (262)
- Politics (236)
- Justice (232)
- Legislation (221)
- Corporations (202)
- Gender (195)
- Constitutional law (185)
- Public Law and Legal Theory (184)
- Religion (182)
- Equality (181)
- Lawyers (181)
- First Amendment (178)
- Education (177)
- Civil rights (172)
- Law and Economics (171)
- Privacy (169)
- Courts (163)
- Racism (160)
- Regulation (159)
- Civil Rights and Discrimination (158)
- Criminal law (157)
- Supreme Court (156)
- Publication Year
- Publication
-
- St. Mary's Law Journal (953)
- Articles (754)
- All Faculty Scholarship (746)
- Faculty Scholarship (669)
- Michigan Law Review (419)
-
- ExpressO (325)
- Seattle University Law Review (321)
- Sustainable Development Law & Policy (187)
- Scholarly Works (183)
- NYLS Law Review (175)
- Life of the Law School (1993- ) (158)
- Cornell Law Faculty Publications (154)
- Georgetown Law Faculty Publications and Other Works (139)
- University of Pennsylvania Journal of Law and Social Change (130)
- Articles, Book Chapters, & Popular Press (128)
- Vanderbilt Law Review (114)
- St. Mary's Journal on Legal Malpractice & Ethics (111)
- University of Miami Law Review (111)
- Paulo Ferreira da Cunha (107)
- Buffalo Law Review (106)
- Canadian Journal of Family Law (105)
- Pepperdine Law Review (104)
- University of Richmond Law Review (103)
- Articles in Law Reviews & Other Academic Journals (101)
- UIC Law Review (99)
- DePaul Journal for Social Justice (97)
- Research Collection Yong Pung How School Of Law (96)
- Journal Articles (95)
- School of Law Conferences, Lectures & Events (95)
- University of Michigan Journal of Law Reform (93)
Articles 5251 - 5280 of 14116
Full-Text Articles in Law
Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes
Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Personal Jurisdiction In Legal Malpractice Litigation, Cassandra Burke Robertson
Personal Jurisdiction In Legal Malpractice Litigation, Cassandra Burke Robertson
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers are increasingly engaging in multi-jurisdictional practice—and their representation is increasingly giving rise to cross-jurisdictional malpractice actions. Over the years, courts have issued divergent and contradictory opinions about whether out-of-state attorneys representing clients only on out-of-state matters can constitutionally be subject to personal jurisdiction in the client’s home state. The Supreme Court’s recent opinions in Daimler v. Bauman and Walden v. Fiore do little to settle this question and, in fact, may raise more questions than they answer. Nevertheless, the Supreme Court’s new personal jurisdiction jurisprudence offers an opportunity for courts to adopt a more cohesive analysis of personal jurisdiction …
From Patient Rights To Health Justice, Lindsay Wiley
From Patient Rights To Health Justice, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Models emphasizing professional autonomy, patient rights, market power, and health consumerism are no longer adequate to address the increasingly social, collective nature of health law institutions, instruments, and norms. What is needed is a new model that expressly recognizes the public-alongside the patient, the provider, and the payer-as an important stakeholder and active participant in decisions about medical treatment, health care coverage, and allocation of scarce resources. In a previous article, the author looked to the environmental justice, reproductive justice, and food justice movements for inspiration in developing a "health justice" approach to eliminating social disparities in health. This Article …
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, “Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other.” The primary planners and hosts for the conference were clinical teachers and programs in the Northeast, but participants came from around the country to talk about the importance of addressing race, gender and class in this moment of black lives mattering. They wanted to talk about the way that these issues of race, gender and class had always been …
Trauma-Informed Co-Parenting: How A Shift In Compulsory Divorce Education To Reflect New Brain Development Research Can Promote Both Parents' And Childrens' Best Interests, Nat Stern, Karen Oehme, Anthony J. Ferraro, Lisa S. Panisch, Mallory Lucier-Greer
Trauma-Informed Co-Parenting: How A Shift In Compulsory Divorce Education To Reflect New Brain Development Research Can Promote Both Parents' And Childrens' Best Interests, Nat Stern, Karen Oehme, Anthony J. Ferraro, Lisa S. Panisch, Mallory Lucier-Greer
Scholarly Publications
No abstract provided.
Neighborhood Watch: Invading The Community, Evading Constitutional Limits, Adeoye Johnson
Neighborhood Watch: Invading The Community, Evading Constitutional Limits, Adeoye Johnson
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Habeas Corpus For The Innocent, Stephanie Roberts Hartung
Habeas Corpus For The Innocent, Stephanie Roberts Hartung
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Sleep: A Human Rights Issue, Clark J. Lee
Sleep: A Human Rights Issue, Clark J. Lee
Homeland Security Publications
Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Criminal Law Practitioner
No abstract provided.
Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave
Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave
Articles
This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
For Judith S. Kaye, Susan N. Herman
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Homeschooling: Choosing Parental Rights Over Children's Interests, Martha Fineman, George B. Shepherd
Homeschooling: Choosing Parental Rights Over Children's Interests, Martha Fineman, George B. Shepherd
University of Baltimore Law Review
Homeschooling, the most extreme form of privatization of education, often eliminates the possibility of the child gaining the resources essential for success in adult life. It sacrifices the interests of the child to the interests of the parents, allowing them to control and isolate the child’s development. In addition, homeschooling frustrates the state’s legitimate interest in the child’s receiving a sound, diverse education, so that the child can achieve her potential as a productive employee and as a constructive participant in civic life. This Article uses vulnerability theory as a heuristic frame both to reexamine the dominant rhetoric of parental …
Easy Come, Easy Go: The Plight Of Children Who Spend Less Than Thirty Days In Foster Care, Vivek S. Sankaran, Christopher Church
Easy Come, Easy Go: The Plight Of Children Who Spend Less Than Thirty Days In Foster Care, Vivek S. Sankaran, Christopher Church
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Solitary Confinement In America: Time For Change And A Proposed Model Of Reform, Ariel A. Simms
Solitary Confinement In America: Time For Change And A Proposed Model Of Reform, Ariel A. Simms
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Department of Psychology: Faculty Publications
Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a …
Masthead
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Right To An Education And The Plight Of School Facilities: A Legislative Proposal, Max Ciolino
The Right To An Education And The Plight Of School Facilities: A Legislative Proposal, Max Ciolino
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Humbug: Toward A Legal History, Susanna Blumenthal
Humbug: Toward A Legal History, Susanna Blumenthal
Buffalo Law Review
No abstract provided.
Textiles: Popular Culture And The Law, Laura F. Edwards
Textiles: Popular Culture And The Law, Laura F. Edwards
Buffalo Law Review
No abstract provided.
Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini
Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini
Journal of Law and Policy
Police use of force has been subject to greater scrutiny in recent years in the wake of several high-profile killings of African Americans. Less attention, however, has been paid to the increasingly routine violent encounters between police and individuals with mental illness or intellectual and development disabilities (“I/DD”). This is particularly problematic, as police have become the de-facto first responders to these individuals and far too often police responses to these individuals result in tragedy.
This Note argues that the Americans with Disabilities Act requires law enforcement to provide reasonable accommodations during their interactions with and seizures of individuals with …
Incarceration Incentives In The Decarceration Era, Avlana Eisenberg
Incarceration Incentives In The Decarceration Era, Avlana Eisenberg
Scholarly Publications
After forty years of skyrocketing incarceration rates, there are signs that a new “decarceration era” may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform.
This Article scrutinizes the incentives of these industry stakeholders …
Improving The Medical Services System's Response To Domestic Violence, Nat Stern, Karen Oehme, Elizabeth Donnelly, Rebecca Melvin
Improving The Medical Services System's Response To Domestic Violence, Nat Stern, Karen Oehme, Elizabeth Donnelly, Rebecca Melvin
Scholarly Publications
No abstract provided.
Publication Of Government-Funded Research, Open Access, And The Public Interest, Julie L. Kimbrough, Laura N. Gasaway
Publication Of Government-Funded Research, Open Access, And The Public Interest, Julie L. Kimbrough, Laura N. Gasaway
Vanderbilt Journal of Entertainment & Technology Law
Public access to government-funded research is an issue of tremendous importance to researchers, librarians, and ordinary citizens around the world. Based on the notion that taxpayers finance research through their tax dollars, research data should be available to them. Rapid, unfettered access to research publications provides access to medical research to patients, encourages further exploration and inquiry by other researchers, informs citizens, and advances scientific research.
Scientists typically write articles that divulge the results of their government-funded research. Prior to the open access movement, these articles were published in commercially produced journals. Subscriptions to these journals are expensive, and cost …
Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran
Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran
Publications
Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?
This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …
Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen
Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen
Publications
Recent uses of executive action in immigration law have triggered accusations that the President is acting imperially, like a king, or as a lawbreaker. President Obama’s Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs, which provide protection from deportation and a work permit during a temporary period of lawful presence, serve as the lightning rod for these accusations. But even as legislative and litigation challenges to DACA proceed, many states appear to accept and comply with it, including nearly all of the states that have joined the Texas v United States lawsuit that challenges …
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Faculty Scholarship
This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …
Race, Class, And Access To Civil Justice, Sara Sternberg Greene
Race, Class, And Access To Civil Justice, Sara Sternberg Greene
Faculty Scholarship
After many years of inattention, policymakers are now focused on troubling statistics indicating that members of poor and minority groups are less likely than their higher-income counterparts to seek help when they experience a civil justice problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience a civil justice problem, and inaction is even more pronounced among poor blacks. Past work on access to civil justice largely relies on unconfirmed assumptions about the behavior patterns and needs of those experiencing civil justice problems. At a time when increased attention and resources are being devoted to …
The Antidemocratic Sixth Amendment, Janet Moore
The Antidemocratic Sixth Amendment, Janet Moore
Faculty Articles and Other Publications
Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …
The Inequality Of America's Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John Bessler
All Faculty Scholarship
We live in a divided society, from gated communities to cell blocks congested with disproportionate numbers of young African-American men. There are rich and poor, privileged and homeless, Democrats and Republicans, wealthy zip codes and stubbornly impoverished ones. There are committed "Black Lives Matter" protesters, and there are those who—invoking "Blue Lives Matter" demonstrate in support of America‘s hardworking police officers. In her new article, "Matters of Strata: Race, Gender, and Class Structures in Capital Cases," George Washington University law professor Phyllis Goldfarb highlights the stratification of our society and offers a compelling critique of America‘s death penalty regime—one, she …