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Full-Text Articles in Law
The Alabama Way: Independent Courts And Policymaking In Alabama, Ian Drake
The Alabama Way: Independent Courts And Policymaking In Alabama, Ian Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
Rather, it was the product of a conscious policy choice by early nineteenth century jurists to "overthrow" an equitable theory of contract, wherein a good was thought to have an objective value, which courts could determine, independent of the value placed on it by the parties to the contract. [...] historians like Horwitz have interpreted the "buyer beware" rule as a "procommercial [sic] attack"-a conscious judicial policy choice to favor sellers over buyers-upon communal values, which essentially separated law from morals and created a harsher, more speculative, more individualistic, and combative marketplace
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …
Executive Leadership Challenges Implementing Systemic Change Under Conditions Of Litigated Reform, Ariel Alvarez
Executive Leadership Challenges Implementing Systemic Change Under Conditions Of Litigated Reform, Ariel Alvarez
Department of Political Science and Law Faculty Scholarship and Creative Works
A case study was conducted using the lens of second-order change to examine leadership challenges during litigated-based reform of New Jersey’s child welfare agency. Six challenges identified included (a) difficulty implementing the comprehensive reform plan; (b) attempting systemwide change within a weak infrastructure; (c) leadership instability; (d) unclear leader roles and responsibilities; (e) poor diffusion of the case practice model, and (f) weak quality control mechanisms. Three recommendations for reducing implementation failures included developing rich pictures to understand system interdependencies, using open communication to facilitate change readiness, and implementing a sustainable quality review system to guide the change process.