Law Commons^™

Privacy Or Safety? The Use Of Cameras To Combat Special Ed Abuse, Sarah M. Benites

University of Massachusetts Law Review

Self-contained classroom students face abuse from educators at disproportionate rates compared to general education students. To combat the abuse, several jurisdictions, including Massachusetts, have proposed or enacted bills enabling cameras to be placed in self-contained classrooms. This has sparked privacy concerns, particularly regarding whether the usage would amount to an infringement on the Fourth Amendment rights of students and educators. This note argues that surveillance is an ineffective deterrent to prevent violent and abusive behavior and should not justify bypassing potential privacy and constitutional violations. It outlines the relevant case law regarding students and teachers and apply these standards to …

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

Georgia Law Review

Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …

Gender In Cultural History: Gender And Education, Dimitra Kalodimou, Maria Kapalika

Journal of Research Initiatives

The position of women in the oldest societies has often occupied the scientific community, which is a great reason to study it. Today's societies put tremendous effort into highlighting the importance of women's contribution. In this text, we will deal with the position of women in the recording of history, with women’s presence within the historical sources as well as the roles held in family business and education. In addition, the gradual changes regarding women's recovery in society will be presented and highlighted. The first steps to improve women's image started in Europe and continued worldwide. The critically studied articles …

Blatant Discrimination Within Federal Law: A 14th Amendment Analysis Of Medicaid’S Imd Exclusion, J. Michael E. Gray, Madeline Easdale

University of Massachusetts Law Review

A discriminatory piece of Medicaid law, the institution for mental diseases (IMD) exclusion, is denying people with serious mental illness equal levels of treatment as those with only primary healthcare needs. The IMD exclusion denies the use of federal funding in psychiatric hospitals for inpatient care. This article discusses the history and collateral implications of the IMD exclusion, then examines it through the lens of the Equal Protection Clause of the Fourteenth Amendment, argues that people with severe mental illness constitute a quasi-suspect class, and that application of intermediate scrutiny would render the IMD exclusion unenforceable.

The Rise Of Environmental, Social And Corporate Governance Disclosures In The United States And Mandatory Human Rights Due Diligence In Europe: Implications For U.S. Lawyers, Marie-Claude Jean-Baptiste

Global Business Law Review

Over the past decade, due in part to the devastating impact of the global financial crisis of 2008 and growing awareness of climate change, the world witnessed increasing interest on the part of society in general, and investors in particular, for responsible business. “Responsible business” is the concept that business should be conducted in a way that 1) does not violate fundamental rights of the people affected by the business activity; 2) does not exacerbate environmental harm; and 3) complies with basic principles of good governance. Society’s interest in responsible business has been reflected in growing pressure on businesses to …

How To Expand Rape By Deception And Protect Consent, Ricardo Licea

University of Massachusetts Law Review

The trend towards accepting the violation of consent as the underlying wrong addressed by rape law conflicts with the almost universal rejection of rape by deception. Rape by deception is limited to fraud in the factum, however the exclusion of fraud in the inducement finds no support under a consent framework. The principal objections to the expansion of rape by deception are that it will criminalize common behavior, that rape by deception produces only minor harm, and that self-protection is a viable alternative. Analogizing from the criminalization of deception to obtain money shows that the criminal deception statutes need not …

Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach

Indiana Journal of Global Legal Studies

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …

Persons With Disabilities In The Life Of A Society: A Historical-Political Analysis, Farida Begbutayeva

Scientific reports of Bukhara State University

Abstract. The issues of participation of persons with disabilities in socio-political development of society are analyzed in the scientific article. Attitude to persons with disabilities is usually formed due to the process of historical development of each country, the specific mentality of the people living in it. As a measure of the level of justice in any society, attention is paid to persons with disabilities living in that state, also measured by the level of living conditions created for them. Introduction. When we analyze the relationship towards to persons with disabilities, we can see that its history dates back to …

Disaster And Socio-Cultural Impact: Between Social Representations And Resiliencecatastrophe Et Impact Socio-Culturel: Entre Représentations Sociales Et Résilience, Abdelfettah N. Idrissi

BAU Journal - Society, Culture and Human Behavior

Abstract: We live in a constantly changing world, a multi-faceted world vacillating between joy and happiness on one side and sadness and desolation on the other. We have indeed witnessed, recently, much sadness and misfortune resulting from both human and natural disasters. Whether individual or collective, the risks are assessed having regard to our cultural determinism, taking into account values, standards and living conditions of individuals. Our purpose, which falls within the framework of the theory of social representations (Moscovici (1986)), would be to account for the impact of the disaster on the behavior of the individual and of society, …

The Electronic Press And Its Lack Of Responsibility

UAEU Law Journal

The electronic press is the most widespread form of mass media represented by press publication services through websites publishing news, reports, investigations and press articles. It enjoys a lot of freedom and self-expression; however, such excessive freedom and self-expression is not absolute, for there are standard morals of press occupation governed basically by general disciplines, such as honesty and truth which have the ultimate aim of improving the performance of mass media and controlling mass media for the benefit of society and its issues.

Individuals harmed as a result of electronic publication as well as those who suffer from slander …

Foreword, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

Temporary Protection Status: A Yugoslavian Precedent, Medina Dzubur

Indiana Journal of Global Legal Studies

Analyzing the past use of temporary protection status to shield those facing "ethnic cleansing, massacres, mass rapes, and cultural vandalism" is fundamental in understanding how this tool can be utilized to protect modern refugees, and why EU members have refused to implement this status further. In other words, should temporary protection status, considering the legal framework and the socioeconomic effects, be granted to Syrian refugees? This note argues in favor of granting temporary protection status to Syrian refugees because the status (1) offers a recourse for displaced persons that would not be covered by traditional legal protections, (2) produces quicker …

Nouvelles Technologies Et Connaissances Abondantes : Enjeux Socio-Didactiques, Mohammed Al Khatib

BAU Journal - Society, Culture and Human Behavior

The use of new technologies in all areas of life becomes essential especially as a mean of communication. Social networks are important in the communication of individuals and establishments. Many departments, private and public establishments have an account on Facebook or Twitter which they use as an official mean of communication. As new technologies provide us with open and accessible means of communication that make our lives easier, some people use them in ways that can harm our society. Schools and families must play a role in teaching children to sort through digital information and check the credibility of the …

المسؤولية الاجتماعية بين المفهومين التقليدي والحديث, Mohamed A. Kozy

BAU Journal - Society, Culture and Human Behavior

There is a wrong belief that the social responsibility is a modern concept that started in the twentieth century and the fact is that this concept started at the dawn of religions. Prophets preached for good moral, ethics value and deed. Today there is a dedicated date for the social responsibility, which is the 25th of September. Since we currently live in a rapidly changing world, the concept of social responsibility was not an exception and the change applied to it manifested in companies and corporates that started applying the new concept to reflect a beautiful image on its interaction …

How Does Society Handle Self-Imposed Death?, Andrew Halza

The International Journal of Ethical Leadership

No abstract provided.

Public Law, Precarity, And Access To Justice, Amnon Lev

Indiana Journal of Global Legal Studies

In the first part, I examine Thomas Hobbes' theory of commonwealth to see how it situates subjects in relation to justice. Hobbes famously founds his commonwealth on the equal subjection of all to the Leviathan, which is the equal subjection of all to law. We need to understand why he nevertheless needs to accommodate the diversity of society-the basic fact that some are weak while others are not-into the operation of the public law machine. As we shall see, the accommodation of social diversity is tied to a proto-liberal distinction between social spheres that relegates much of human life to …

Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.

Indiana Journal of Global Legal Studies

In order to contribute from a situated perspective to a global narrative of access to justice, in the next sections I will trace the origins of compassionate and cause lawyering in the history of Chilean legal aid and training. Part II will explain how legal assistance to the poor was codified as a duty of legal professionals during the Middle Ages, in both canon law and in Castilian legislation. Part III will show that practical legal training, both in Spain and in Chile, began much later as the result of the ambition among prominent members of the legal profession to …

The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson

University of Denver Criminal Law Review

No abstract provided.

Gender Disparities In Plea Bargaining, Carlos Berdejo

Indiana Law Journal

Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant gender …

Bulwark Of Equality: The Jury In America, Nino C. Monea

West Virginia Law Review

Many decry the state of societal inequality in modern America. Juries are not normally thought of as part of the solution, but history shows that they should be. It reveals that juries oftentimes advanced the interests of the poor and lowly when no one else would. It also reveals that powerful interests—government and corporate—have sought to disempower juries that rule in favor of marginalized groups. This Article examines four contexts throughout our history where juries have enhanced societal equality. (1) In early America, they resisted the British government and in the nascent republic were friends to debtors and farmers. (2) …

Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben

Seattle University Law Review

Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies …

Younger Generations Are Infected By Continuous Socialization To Accept Diminished Privacy: A Global Analysis Of How The United States' Constitutional Doctrine Is A Main Contributor To Eroded Privacy, Tiffany Kim

Indiana Journal of Global Legal Studies

Since the nineteenth century, privacy concerns have increased with the growth of technology. The invention of instantaneous photography, coupled with the enlarged presence of press, was met with concerns of degraded privacy. Society has formed expectations of privacy, but as time passes, those expectations continue to diminish. Younger generations have been socialized to accept lessened levels of privacy in this digitalized world of mass data and connectivity.

Individual privacy expectations vary globally. The construction of China's government and culture produces a lesser expectation of individual privacy than that of the United States. As outlined in the U.S. Constitution, U.S. citizens …

Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev

Review of law sciences

This article is devoted to the negative consequences of anthropogenic civilizations for social life, their causes and solutions.

International Law: Legal Aspects Of The Protection Of Women’S Rights In Un System, A.B. Xayrulina

Review of law sciences

аrticle analyses the international mechanisms for the protection of women’s rights, the elimination of all forms of discrimination against women, to create and improve the effectiveness of national mechanisms for the advancement of women at the highest political level, as well as the importance of UN activities in resolving this problem.

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.

Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud

Indiana Journal of Global Legal Studies

This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …

Debt Stigma And Social Class, Michael D. Sousa

Seattle University Law Review

For as long as creditors have been extending credit to consumer debtors, Western society has stigmatized those individuals who failed to repay their financial obligations or who found themselves swamped by unmanageable debt. Over the past three decades, scholars have studied whether the stigma surrounding indebtedness and bankruptcy has declined or increased in American society, mainly due to the sharp spike in consumer bankruptcy filings during the 1990s. These studies have resulted in a general debate over whether debt stigma still exists in society. Absent from the scholarly literature to date is an exploration of whether debtors from different social …

Formation Of The System Of Social Partnership And Legal Culture In The Case Of Uzbekistan, E. Kadirov

Review of law sciences

In the article the interrelation of social partnership system with democratic processes and legal culture of a society is analyzed from scientific point of view. The attention is focused on how they influence moral-legal and democratic climate in a society which guarantees the real freedom of personal behavior alongside with the responsibility before a society, provides its rights, social security, respect of its dignity, that is to say it puts the person in the centre of economic, social, political and cultural processes. In the article the constitutional guarantees which meet public requirements, capable to provide an optimum combination of dynamism …