Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (48)
- Civil Rights and Discrimination (38)
- Constitutional Law (32)
- Social and Behavioral Sciences (28)
- Law and Race (25)
-
- Criminal Law (18)
- Law and Politics (18)
- Public Affairs, Public Policy and Public Administration (17)
- Administrative Law (15)
- Civil Law (15)
- Human Rights Law (14)
- Legal Studies (14)
- State and Local Government Law (14)
- Criminal Procedure (12)
- Health Law and Policy (12)
- Law Enforcement and Corrections (12)
- Arts and Humanities (11)
- Litigation (11)
- Law and Gender (10)
- Law and Philosophy (10)
- Public Law and Legal Theory (10)
- Supreme Court of the United States (10)
- Courts (9)
- Fourteenth Amendment (9)
- Immigration Law (9)
- Judges (9)
- Juvenile Law (9)
- Legislation (9)
- Social Welfare Law (9)
- Keyword
-
- Law (15)
- Policy (14)
- Race (14)
- Education (11)
- Northwestern (11)
-
- School (11)
- Journal (10)
- Social (10)
- Chicago (8)
- Immigration (8)
- Accountability (7)
- Civil rights (7)
- Discrimination (7)
- Police (6)
- Reform (6)
- Tax (6)
- Bias (5)
- Constitutional law (5)
- Law enforcement (5)
- Supreme Court (5)
- Diversity (4)
- Equity (4)
- Housing (4)
- Justice (4)
- Litigation (4)
- Pregnancy (4)
- Reproductive rights (4)
- Right (4)
- Abortion (3)
- Affordable Care Act (3)
Articles 151 - 180 of 180
Full-Text Articles in Law
Foreclosing Foreclosure: Escaping The Yawning Abyss Of The Deep Mortgage And Housing Crisis, Aleatra P. Williams
Foreclosing Foreclosure: Escaping The Yawning Abyss Of The Deep Mortgage And Housing Crisis, Aleatra P. Williams
Northwestern Journal of Law & Social Policy
In 2007, Rick Sharga, vice president of marketing at RealtyTrac, stated that with more stringent lending and underwriting standards, “we will likely see a significant foreclosure decrease” within the next three years. However, a sustained and considerable decrease in foreclosures has yet to occur. In fact, the real estate market downfall and resulting mortgage and housing crisis have proven to be wider, deeper, and more serious than first anticipated. Since 2007, millions of homeowners faced, and continue to face, foreclosure proceedings. To provide protections for homeowners, federal and state actors have attempted regulatory and legislative solutions to stem the foreclosure …
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Northwestern Journal of Law & Social Policy
On the twenty-fifth anniversary of the United States Supreme Court’s decision in Turner v. Safley, this Article examines how federal courts across the country are applying the Turner standard today in cases involving the First Amendment free speech rights of inmates. Are courts too quick today to support the censorial proclivities of prison officials? Do judges too readily capitulate in deference to the concerns of those tasked with overseeing the incarcerated? Those are the key questions this Article addresses by analyzing inmate access to magazines, movies, books, and other common forms of media artifacts. This Article’s determinations stem from …
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Northwestern Journal of Law & Social Policy
The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …
Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach
Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach
Northwestern Journal of Law & Social Policy
As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the political opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
After The Flood: The Legacy Of The “Surge” Of Federal Immigration Appeals, Stacy Caplow
After The Flood: The Legacy Of The “Surge” Of Federal Immigration Appeals, Stacy Caplow
Northwestern Journal of Law & Social Policy
For many years, the big news in the United States courts of appeal was the skyrocketing immigration caseload. For courts that traditionally had busy immigration dockets, the effect was tsunamic. One of those circuits, the Second, instituted a nonargument calendar that, over the past five years, has enabled the court to regain some control over its swollen docket. While this administrative strategy has rescued the court from drowning, the flow of cases continues, somewhat abated, but with enduring force. This so-called surge had unanticipated consequences extending far beyond court management changes. As a result of their increased exposure to immigration …
Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson
Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson
Northwestern Journal of Law & Social Policy
Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …
Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow
Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow
Northwestern Journal of Law & Social Policy
This Article reviews both domestic and international efforts to legislate a more family-friendly workplace, with an eye toward measuring the impact of these various initiatives and predicting both their future success and the likelihood of more widespread adoption. In particular, the Article reviews federal, state, and international legislative efforts to mandate: paid parental leaves; paid sick days; and flexible work arrangements. The Article then attempts to measure the effectiveness of such legislatively required, family-friendly policies by suggesting ways to measure and to predict the impact of U.S. legislative efforts to reconcile the conflicting responsibilities of work and parenthood. The Article …
Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel
Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel
Northwestern Journal of Law & Social Policy
This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …
Does The Privatization Of Publicly Owned Infrastructure Implicate The Public Trust Doctrine? Illinois Central And The Chicago Parking Meter Concession Agreement, Ivan Kaplan
Northwestern Journal of Law & Social Policy
During the nineteenth century, legislatures proved “excessively generous” in granting railroad corporations property rights in publicly owned, commercially vital municipal streets and harbors. Jacksonian jurists, suspicious of corporate influence, invoked the public trust doctrine to rescind grants of privilege inconsistent with the public interest. In Illinois Central Railroad Co. v. Illinois, the “lodestar” of the modern doctrine, the Supreme Court refused to recognize the Illinois legislature’s authority to convey the submerged lands of the Chicago Harbor to a railroad corporation, a conveyance that empowered a private enterprise to “practically control . . . for its own profit” a publicly …
Improving The Benefit Corporation: How Traditional Governance Mechanisms Can Enhance The Innovative New Business Form, Steven Munch
Improving The Benefit Corporation: How Traditional Governance Mechanisms Can Enhance The Innovative New Business Form, Steven Munch
Northwestern Journal of Law & Social Policy
In recent years, a number of states have offered innovative new business forms to accommodate social enterprises, organizations that pursue both profit and social purpose. These hybrid forms are designed to free socially conscious entrepreneurs from the strict pursuit of shareholder value maximization that often controls in business practice and law, allowing them instead to serve the interests of other company stakeholders or even society. One form, the benefit corporation, has been adopted by seven states and is now under consideration in several more. This Note details the development, provisions, and advantages of the benefit corporation. It also identifies and …
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
Northwestern Journal of Law & Social Policy
This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …
Misconstructing Sexuality In Same-Sex Marriage Jurisprudence, Jeffrey Kosbie
Misconstructing Sexuality In Same-Sex Marriage Jurisprudence, Jeffrey Kosbie
Northwestern Journal of Law & Social Policy
Drawing on sociology, queer studies, and legal scholarship, this Comment develops a textual methodology to study sexuality in court opinions. In particular, this methodology uses inconsistencies between opinions to highlight how courts rely on cultural assumptions. This Comment applies this methodology to eighteen state same-sex marriage cases, identifying four analytic models of sexuality: sexuality consists only of behaviors; sexuality belongs to lesbians and gays; society should regulate sexuality; and marriage forms a normatively desirable model for sexuality. These models contribute significantly to public discourse over the meaning of sexuality. Applying sociological insights to narrow judicial models of sexuality suggests that …
Seize The Little Moment: Justice For The Child 20 Years At The Children And Family Justice Center, Bernardine Dohrn
Seize The Little Moment: Justice For The Child 20 Years At The Children And Family Justice Center, Bernardine Dohrn
Northwestern Journal of Law & Social Policy
No abstract provided.
If You Will It, It Is No Dream: Balancing Public Policy And Testamentary Freedom, Orly Henry
If You Will It, It Is No Dream: Balancing Public Policy And Testamentary Freedom, Orly Henry
Northwestern Journal of Law & Social Policy
No abstract provided.
Putting The Brakes On The Preventive State: Challenging Residency Restrictions On Child Sex Offenders In Illinois Under The Ex Post Facto Clause, Michelle Olson
Putting The Brakes On The Preventive State: Challenging Residency Restrictions On Child Sex Offenders In Illinois Under The Ex Post Facto Clause, Michelle Olson
Northwestern Journal of Law & Social Policy
This Comment explores whether a viable challenge to residency restrictions on child sex offenders in Illinois exists under the Ex Post Facto Clauses of the federal and state constitutions. It also recounts the history of sex offender regulation in Illinois and explores the social and political environment that fostered the emergence of residency restrictions in the state. Part I provides a brief overview of the history and purpose of the Ex Post Facto Clause. It also highlights the recent resurgence of preventive lawmaking; that is, laws that work to prevent crime rather than detect and investigate it, and laws that …
Update: Coppa Is Ineffective Legislation! Next Steps For Protecting Youth Privacy Rights In The Social Networking Era, Lauren A. Matecki
Update: Coppa Is Ineffective Legislation! Next Steps For Protecting Youth Privacy Rights In The Social Networking Era, Lauren A. Matecki
Northwestern Journal of Law & Social Policy
In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA) in response to growing concerns over the dissemination of children's personal information over the Internet. Under COPPA's provisions, websites are prohibited from collecting personal information from children under the age of twelve without "verifiable parental consent." While in theory COPPA sought to provide parents the control over their children's personal information on the Internet, its practical effect causes websites to attempt to ban children through age screening mechanisms that remain largely ineffective.Twelve years after the passage of COPPA, the landscape of the Internet is dramatically changed. Social networking websites …
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Northwestern Journal of Law & Social Policy
This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Northwestern Journal of Law & Social Policy
No abstract provided.
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
Northwestern Journal of Law & Social Policy
This Comment will first examine the history and current state of laws regulating water use in the United States, and the commercial uses that are the target of the proposed Water Excise Tax. The next step will be to discuss the tax itself from several perspectives: First, its constitutionality, structure, and application in the framework of existing water law; second, its advantages and disadvantages based on its regulatory nature and scope; and finally, the normative benefits of indirect regulation. The theses underlying all of these sections are that public drinking water will become scarce in the very near future, that …
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Northwestern Journal of Law & Social Policy
As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King
Northwestern Journal of Law & Social Policy
This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Northwestern Journal of Law & Social Policy
This is a brief introduction to the symposium issue. The goal of this symposium issue is to decrease the significant knowledge gaps about the actual educational attainment of undocumented children after the Court's decision in . The research presented in this issue suggest that while children are integrated into public schools, changes in the law and social policies are needed in order to fulfill s promise to ensure the ability of innocent children to have the opportunity to contribute to American society.
Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins
Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins
Northwestern Journal of Law & Social Policy
This article examines the Chicago Brownfields Initiative and its effect on the communities in which brownfield redevelopment has already occurred. After examining the many federal, state, and local brownfields programs, it critically examines both the successes and concerns of the Chicago Brownfields Initiative. The successes include job creation and retention, residential redevelopment, improvements to quality of life, services and amenities provided, encouragement of additional investment, increased tax revenues for local governments, and increased environmental health and safety. The concerns include whether the jobs generated benefit the members of the brownfield communities, whether the new services and improvements benefit members of …
Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin
Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin
Northwestern Journal of Law & Social Policy
No abstract provided.
The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin
The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin
Northwestern Journal of Law & Social Policy
No abstract provided.
Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson
Northwestern Journal of Law & Social Policy
No abstract provided.
Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White
Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White
Northwestern Journal of Law & Social Policy
No abstract provided.