Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (199)
- SelectedWorks (90)
- University of Pennsylvania Carey Law School (43)
- St. Mary's University (35)
- University of Georgia School of Law (29)
-
- University of Pittsburgh School of Law (28)
- Marquette University Law School (19)
- University of Michigan Law School (18)
- University of Miami Law School (17)
- University of New Mexico (16)
- Touro University Jacob D. Fuchsberg Law Center (14)
- University of Florida Levin College of Law (13)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (12)
- The Peter A. Allard School of Law (10)
- American University Washington College of Law (9)
- Georgia State University College of Law (9)
- Pace University (9)
- Pepperdine University (9)
- UIC School of Law (9)
- Singapore Management University (8)
- University of Maryland Francis King Carey School of Law (8)
- Chicago-Kent College of Law (7)
- University at Buffalo School of Law (6)
- Cornell University Law School (5)
- Duke Law (5)
- Osgoode Hall Law School of York University (5)
- Schulich School of Law, Dalhousie University (5)
- Seattle University School of Law (5)
- Boston University School of Law (4)
- Columbia Law School (4)
- Keyword
-
- Law and Society (134)
- Public Law and Legal Theory (36)
- Constitutional Law (34)
- Civil Rights and Discrimination (33)
- Politics (31)
-
- Human Rights Law (28)
- Jurisprudence (28)
- Legislation (28)
- St. Mary’s University School of Law (27)
- Women (25)
- Law and Technology (24)
- Law and Economics (21)
- Legal History (21)
- First Amendment (20)
- Courts (19)
- General Law (19)
- Sexuality and the Law (19)
- International Law (18)
- Judges (17)
- Administrative Law (16)
- Criminal Law and Procedure (16)
- Discrimination (16)
- Science and Technology (16)
- St. Mary’s Journal on Legal Malpractice & Ethics (16)
- Religion (15)
- Economics (14)
- Race (13)
- Fourteenth Amendment (12)
- Gender (12)
- Regulation (12)
- Publication
-
- Articles (41)
- All Faculty Scholarship (37)
- Georgia Journal of International & Comparative Law (27)
- Faculty Scholarship (24)
- Marquette Law Review (19)
-
- St. Mary's Journal on Legal Malpractice & Ethics (19)
- St. Mary's Law Journal (16)
- Water Matters! (15)
- University of Florida Journal of Law & Public Policy (12)
- University of Pennsylvania Journal of Law and Social Change (12)
- Touro Law Review (11)
- Robert C. Hockett (10)
- Canadian Journal of Family Law (9)
- Jeffrey J. Rachlinski (9)
- Nevada Law Journal (8)
- Research Collection Yong Pung How School Of Law (8)
- Scholarly Works (8)
- Gregory S Alexander (7)
- Pepperdine Dispute Resolution Law Journal (7)
- UIC Law Review (7)
- Articles in Law Reviews & Other Academic Journals (6)
- Nancy Dowd (6)
- Adam Lamparello (5)
- Annelise Riles (5)
- Brian M McCall (5)
- Cornell Law Faculty Publications (5)
- Cynthia Grant Bowman (5)
- Elisabeth Haub School of Law Faculty Publications (5)
- Faculty Publications By Year (5)
- Michigan Law Review (5)
- Publication Type
Articles 1 - 30 of 720
Full-Text Articles in Law
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Cultural Encounters, Conflicts, and Resolutions
Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.
This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Manoj S. Mate
City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello
City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello
Adam Lamparello
Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway. Put differently, a hotel owner’s expectation of privacy in a guest registry …
City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello
City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello
Adam Lamparello
Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway.
Put differently, a hotel owner’s expectation of privacy in a guest registry …
First Amendment Decisions - 2002 Term, Joel Gora
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat
Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat
Georgia Journal of International & Comparative Law
No abstract provided.
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Tara M. Parente
This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.
Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles
Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles
Annelise Riles
This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
Annelise Riles
The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality and …
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
Annelise Riles
This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …
An Ethnography Of Abstractions?, Annelise Riles
Hope In The Law, Annelise Riles
Reconciling Experimental Incoherence With Real-World Coherence In Punitive Damages, Theodore Eisenberg, Jeffrey J. Rachlinski, Martin T. Wells
Reconciling Experimental Incoherence With Real-World Coherence In Punitive Damages, Theodore Eisenberg, Jeffrey J. Rachlinski, Martin T. Wells
Jeffrey J. Rachlinski
Experimental evidence generated in controlled laboratory studies suggests that the legal system in general, and punitive damages awards in particular, should display an incoherent pattern. According to the prediction, inexperienced decisionmakers, such as juries, should fail to convert their qualitative judgments of defendants' conduct into consistent, meaningful dollar amounts. This Article tests this prediction and finds modest support for the thesis that experience across different types of cases will lead to greater consistency in awards. Despite this support, numerous studies of damage awards in real cases detect a generally sensible pattern of damage awards. This Article tries to reconcile the …
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …
Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski
Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski
Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski
A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Heuristics And Biases In The Court: Ignorance Or Adaptation?, Jeffrey J. Rachlinski
Heuristics And Biases In The Court: Ignorance Or Adaptation?, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Jeffrey J. Rachlinski
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …
"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski
"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo
Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo
Muna B Ndulo
The article examines the challenges legal education faces as a result of globalisation with specific reference to African law schools. It considers the challenges and ways of meeting them. The practice of law in a globalised world requires a body of knowledge which is both complex and interdisciplinary. It requires the acquisition of a broad range of new skills and techniques of solving legal problems. To equip lawyers with the needed skills to practise law in a globalised world will require changes in the traditional law school curriculum. It will require a curriculum which trains lawyers for the practice of …
On The Very Idea Of Transitional Justice, Jens Ohlin
On The Very Idea Of Transitional Justice, Jens Ohlin
Jens David Ohlin
The phrase "transitional justice" has had an amazingly successful career at an early age. Popularized as an academic concept in the early 1990s in the aftermath of apartheid's collapse in South Africa, the phrase quickly gained traction in a variety of global contexts, including Rwanda, Yugoslavia, Cambodia, and Sierra Leone. A sizeable literature has been generated around it, so much so that one might even call it a sub-discipline with inter-disciplinary qualities. Nonetheless, the concept remains an enigma. It defines the contours of an entire field of intellectual inquiry, yet at the same time it hides more than it illuminates. …
Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson
Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson
Sheri Lynn Johnson
Under Simmons v. South Carolina, a capital defendant who, if not sentenced to death, will remain in prison with no chance of parole is constitutionally entitled to an instruction informing the jury of the fact, but only if the prosecution engages in conduct that places the defendant's future dangerousness "at issue." Based on data collected from interviews with South Carolina capital jurors, Professors Blume, Garvey and Johnson argue that future dangerousness is on the minds of most capital jurors, and is thus "at issue" in virtually all capital trials, regardless of the prosecution's conduct. Accordingly, the authors argue that the …
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Sheri Lynn Johnson
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …
¿Razón, Trabajo Y Corazón?: Los Mitos De Una Ilusa Conciliación (Comentario Al Nuevo Régimen Laboral Juvenil), Joshimar De La Cruz Aroni
¿Razón, Trabajo Y Corazón?: Los Mitos De Una Ilusa Conciliación (Comentario Al Nuevo Régimen Laboral Juvenil), Joshimar De La Cruz Aroni
Joshimar De la cruz Aroni
Critical Legal Studies
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Robert C. Hockett
With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …
From "Mission-Creep" To Gestalt-Switch: Justice, Finance, The Ifis, And The Intended Beneficiaries Of Globalization, Robert C. Hockett
From "Mission-Creep" To Gestalt-Switch: Justice, Finance, The Ifis, And The Intended Beneficiaries Of Globalization, Robert C. Hockett
Robert C. Hockett
No abstract provided.
Why (Only) Esops?, Robert Hockett