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Articles 241 - 270 of 2290
Full-Text Articles in Law
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Stephen E Henderson
Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall
Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall
John Travis Marshall
Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …
The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons
The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons
Kaiya Amelia Lyons
No abstract provided.
Inherent Racial Biases Woven Into America’S Criminal Justice Institutions: A Reexamination Of To Kill A Mockingbird, Joshua B. Lanphear
Inherent Racial Biases Woven Into America’S Criminal Justice Institutions: A Reexamination Of To Kill A Mockingbird, Joshua B. Lanphear
Joshua B. Lanphear
This is article considers the concept of inherent racial biases woven into America’s criminal justice institutions as reflected in Harper Lee’s novels To Kill a Mockingbird and Go Set A Watchman. Mockingbird—published in 1960, but set in the 1930s, in the fictitious racist-south of Maycomb, Alabama—portrays this concept through the trial of Tom Robinson, a sympathetic African American accused of raping the white Mayella Ewell. Key representatives of Maycomb’s institutions—Officer Heck Tate, Judge John Taylor, Mr. Gilmer, Atticus Finch, and Tom’s jury—perpetuate these inherent racial biases throughout Tom’s experience with the criminal justice system until he is ultimately killed under …
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Andrea A. Curcio
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
Taxes And Self-Identity, Samuel Donaldson
Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio
Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio
Andrea A. Curcio
No abstract provided.
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Andrea A. Curcio
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny
Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny
Clark D. Cunningham
No abstract provided.
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Russell D. Covey
No abstract provided.
Bridging The Quality Gap With Medical-Legal Partnerships, Lisa Bliss, Sylvia Caley, Robert Pettignano
Bridging The Quality Gap With Medical-Legal Partnerships, Lisa Bliss, Sylvia Caley, Robert Pettignano
Sylvia B. Caley
No abstract provided.
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Robert D Bullard
Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.
Eliminate Stingy Benevolence, Cassady Brewer
Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer
Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer
Cassady V. Brewer
The U.S. law of social enterprise is growing rapidly. Since 2008, one-half of all U.S. states have modified their business law to establish special legal forms designed for social enterprise. Meanwhile, even with twenty-five states adopting special laws for social enterprise, the legal debate surrounding social enterprise continues. Rather than rehashing that debate, this essay sets forth the author’s personal perspective on the role and utility of social enterprise. The essay argues that, except in limited circumstances, social enterprise is superior to traditional philanthropy when it comes to solving longstanding humanitarian or environmental problems. U.S. business law thus should continue …
New Markets Tax Credits Stimulate Community Development, Michael Lehmann, Cassady Brewer
New Markets Tax Credits Stimulate Community Development, Michael Lehmann, Cassady Brewer
Cassady V. Brewer
No abstract provided.
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito
Natsu Taylor Saito
More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …
Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres
Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres
Jonathan Todres
No abstract provided.
Same-Sex Marriage, Political Backlash And The Case For Going Slow, Eric Segall
Same-Sex Marriage, Political Backlash And The Case For Going Slow, Eric Segall
Eric J. Segall
No abstract provided.
Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall
Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall
John Travis Marshall
No abstract provided.
Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison
Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison
Caren Myers Morrison
Of all the ways the government has to watch us, unmanned aerial vehicles, commonly known as drones, best capture the visceral fear of the all-seeing surveillance state. Because drones are becoming increasingly tiny, inexpensive, and powerful, they could enable a new species of universal surveillance, turning our cities into a modern version of Bentham’s panopticon. But this essay, written for the criminal justice symposium issue of the JCRED, is not about the alarming consequences of surveillance technology. Instead, it seeks to explore whether there is anything useful to be learned from the possibility of continuous mass surveillance. Not just useful …
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann
The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann
Adam Lamparello
Skin color and diversity are not synonymous, and race provides no basis upon which to stereotype individuals or groups, regardless of whether the reasons are malevolent or benign.
Affirmative action policies in higher education should focus on the things that individuals have overcome, not the traits that individuals—and groups—cannot change. Currently, the opposite is true, as such policies typically equate racial diversity with educational diversity, thereby precluding consideration of factors such as family and personal background, life experience, and the overcoming of adversity that would result in true educational diversity. This is not to say that race is irrelevant, …
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, Julie M. Spanbauer
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, Julie M. Spanbauer
Julie M. Spanbauer
In the past several years, various publications, including medical literature, television reports, newspaper articles, and even a book written by a physician and editor of a prestigious medical journal, have delivered roughly the same message to the public about silicone gel breast implants: they do not cause disease. According to these publications, the issue is all but closed. They claim that the earlier litigation documenting the dangers of silicone and the misdeeds of surgeons, as well as exposing greedy and fraudulent behavior of corporations such as Dow Coming, was apparently either in error or was itself a fraud perpetrated upon …
The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra
The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra
Ugo Mattei
No abstract provided.
Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström
Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström
Leila Brännström
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
Yuvraj Joshi
In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …
The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett
The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett
John Ehrett
I aim to deconstruct a key part of the sovereign citizen movement’s perspective on legitimate authority. I argue that the core underpinnings of sovereign citizen mentality (as applied) operate according to an anthropological framework similar to that used in an exorcism: namely, the ceremonial divestiture from an oppressive authority into whose service one has been subtly pressed.
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Enhancing Biodiversity On Working Agricultural Lands Through Environmental Mitigation And Offsets: Opportunities In Australia And The United States, Matthew Roach
Matthew Roach
Australia has extensive experience in managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a source of potential environmental offsets, as agencies prefer that land used for offsets be wholly set aside for environmental management purposes with limited or no agricultural activities. This contrasts with the United States, where efforts are underway to use working agricultural lands for mitigation. This paper proposes that working agricultural lands can be used for environmental offsets under the Environment Protection …