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Articles 601 - 630 of 295395
Full-Text Articles in Law
Introduction, Marisa Barber
Use Of Restrictive Housing In The Juvenile Justice System, Caleb D. Purvis, April Terry
Use Of Restrictive Housing In The Juvenile Justice System, Caleb D. Purvis, April Terry
SACAD: John Heinrichs Scholarly and Creative Activity Days
In recent years, the term solitary confinement was replaced with restrictive housing (RH) as it had a less negative tone. However, the terms both represent the same process of isolating individuals in cells with nearly no contact with others. Restrictive housing has many negative effects, including, but not limited to deteriorating mental health and increased rates of recidivism. Such practices are not limited to the adult system as incarcerated youth are also subjected to various forms of restrictive housing (e.g., protective custody, disciplinary and administrative segregation). While those who oppose the use of RH call this cruel and unusual punishment, …
The Anti-Racist Imperative Of Infancy, Laura Cohen
The Anti-Racist Imperative Of Infancy, Laura Cohen
Northwestern Journal of Law & Social Policy
In 2019, a widely disseminated video of the arrest of a six-year-old girl in her Florida elementary school provoked outrage across the country. The footage shows the girl sobbing as an armed police officer in full uniform and bullet-proof vest handcuffs and leads her from the principal’s office to a waiting patrol car. Her crime was having a temper tantrum in class after a sleepless night. When it was revealed that another six-year-old was arrested at the same school by the same officer on the same day and for similar reasons, media pundits and the general public debated questions of …
“I Saw Guns And Sharp Swords In The Hands Of Young Children”: Why Mental Health Courts For Juveniles With Autism Spectrum Disorder And Fetal Alcohol Spectrum/Disorder Are Needed, Michael Perlin, Heather Cucolo, Deborah Dorfman
“I Saw Guns And Sharp Swords In The Hands Of Young Children”: Why Mental Health Courts For Juveniles With Autism Spectrum Disorder And Fetal Alcohol Spectrum/Disorder Are Needed, Michael Perlin, Heather Cucolo, Deborah Dorfman
Northwestern Journal of Law & Social Policy
In this Article, we offer—we believe for the first time in the scholarly literature—a potentially (at least partially) ameliorative solution to the problems faced by persons with autism (ASD) and fetal alcohol disorder (FASD) in the criminal justice system: the creation of (separate sets of) problem-solving juvenile mental health courts specifically to deal with cases of juveniles in the criminal justice system with ASD, and with FASD. There is currently at least one juvenile mental health court that explicitly accepts juveniles with autism, but there are, to the best of our knowledge, no courts set up specifically for these two …
Learning Law In Elementary And High School: Innovating Civics Education For A More Empowered Citizenry, Ariel Liberman, Michael Broyde
Learning Law In Elementary And High School: Innovating Civics Education For A More Empowered Citizenry, Ariel Liberman, Michael Broyde
Northwestern Journal of Law & Social Policy
A principal objective of the public school system in a democracy is to promote societal cohesion by way of preparing students for civic engagement. There exists a founding belief that a democratic nation ought to be composed of educated activists, run by innovators, and kept in check by involved citizens. For, indisputably, the democratic experiment—our values, our institutions—can only be upheld anew with each generation on the backs of critique, reinvention, and reinvigoration. But, as so many have mentioned when discussing the civics education paradigm, the increase in educational opportunities and the marked expansion of our school system has not …
Applying Movement Lawyering Principles To The Redistricting Movement, Lavanya Prabhakar
Applying Movement Lawyering Principles To The Redistricting Movement, Lavanya Prabhakar
Northwestern Journal of Law & Social Policy
Despite national attention to unfair congressional district maps, efforts to make maps more representative through litigation have felt futile. However, despite unfavorable Supreme Court rulings, organizing around redistricting has seen wins on the state level, through the creation of independent redistricting commissions and map redraws. First, this Note reviews the history of race-based and partisan gerrymandering and the volatile swings of redistricting litigation. Then, it considers the role of organizing in redistricting, focusing on case studies from Ohio and North Carolina. Finally, relying on firsthand interviews and available data, this Note argues that organizing and litigation must work together under …
Incarcerated Workers Will Be Heard: Protecting The Right To Unionize Prisoners Through Dignity, Samuel Richter
Incarcerated Workers Will Be Heard: Protecting The Right To Unionize Prisoners Through Dignity, Samuel Richter
Northwestern Journal of Law & Social Policy
This Comment posits that incarcerated workers possess an inherent right to unionize pursuant to human dignity. Centering dignity in this discussion highlights the ways in which prisoners’ unions secure the economic and political conditions needed to express their autonomy and foster rehabilitation. By reviewing the historical successes and missteps of the incarcerated workers’ labor movement in the United States, this Comment demonstrates that an appreciation for dignity is crucial to prevent factional violence between incarcerated people on the one hand and the over-professionalization of prisoner organization on the other. Recognizing that unionization is a matter of dignity, not free speech …
Reproductive Rights And Felony Disenfranchisement: The New Frontier Of An Old Voter Suppression Tactic, Jessie Rubini
Reproductive Rights And Felony Disenfranchisement: The New Frontier Of An Old Voter Suppression Tactic, Jessie Rubini
Northwestern Journal of Law & Social Policy
Voter suppression and anti-abortion, anti-reproductive care efforts are mutually reinforcing, working together to diminish political participation, especially for women of color. I argue that politicians could use the Dobbs decision to further suppress Black voters, specifically Black women voters, by prosecuting abortions as felonies. The effect would be disenfranchisement of thousands of people. This Comment covers the connected histories of voting rights and abortion rights in America. The first section of this Comment will briefly cover the history of voting rights in America with a focus on racial discrimination. The second section will cover one voter suppression, felony disenfranchisement. Finally, …
The Epistemic Preconditions Of Markets And Their Historicity, Lisa Herzog
The Epistemic Preconditions Of Markets And Their Historicity, Lisa Herzog
Law and Contemporary Problems
No abstract provided.
The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan J. Steele, Ziwei Qi
The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan J. Steele, Ziwei Qi
SACAD: John Heinrichs Scholarly and Creative Activity Days
While the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force in their dealings with citizens. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census and LEOKA data, we examine the impact of U.S. Supreme Court jurisprudence and the restrictions that each state placed on law enforcement’s ability to use force and what constituted reasonable force within each state. We found that while the state’s population size and violent crime rate were consistently strong predictors …
Bargaining With Giants And Immortals: Bargaining Power As The Core Of Theorizing Inequality, Marietta Auer
Bargaining With Giants And Immortals: Bargaining Power As The Core Of Theorizing Inequality, Marietta Auer
Law and Contemporary Problems
No abstract provided.
The Monetary Structure Of Economic Activity: A Constitutional Analysis, Christine Desan
The Monetary Structure Of Economic Activity: A Constitutional Analysis, Christine Desan
Law and Contemporary Problems
No abstract provided.
Concepts, Contexts, Contests, Roy Kreitner
Concepts, Contexts, Contests, Roy Kreitner
Law and Contemporary Problems
No abstract provided.
"Just What Is Going On Here?" An Homage, Barak D. Richman
"Just What Is Going On Here?" An Homage, Barak D. Richman
Law and Contemporary Problems
No abstract provided.
Methodological Tensions In Understanding Markets, Marietta Auer, Hanoch Dagan, Roy Kreitner, Ralf Michaels
Methodological Tensions In Understanding Markets, Marietta Auer, Hanoch Dagan, Roy Kreitner, Ralf Michaels
Law and Contemporary Problems
No abstract provided.
Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman
Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman
Law and Contemporary Problems
No abstract provided.
The Epicycles Of General Equilibrium Theory, David Singh Grewal
The Epicycles Of General Equilibrium Theory, David Singh Grewal
Law and Contemporary Problems
No abstract provided.
Bodies Of Evidence: The Criminalization Of Abortion And Surveillance Of Women In A Post-Dobbs World, Jolynn Dellinger, Stephanie Pell
Bodies Of Evidence: The Criminalization Of Abortion And Surveillance Of Women In A Post-Dobbs World, Jolynn Dellinger, Stephanie Pell
Duke Journal of Constitutional Law & Public Policy
In the wake of Dobbs v. Jackson Women's Health Organization, state laws criminalizing abortion raise concerns about the investigation and prosecution of women seeking reproductive health care and about the surveillance such investigations will entail. The criminalization of abortion is not new, and the investigation of abortion crimes has always involved the surveillance of women. However, state statutes criminalizing abortion coupled with surveillance methods and technologies that did not exist pre-Roe present new and complex challenges surrounding the protection of women's privacy and liberty interests—in addition to the interests of those who may provide or help pregnant people obtain reproductive …
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley
Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley
Duke Environmental Law & Policy Forum
No abstract provided.
Finding A Core Of Sustainability In Directors' And Officers' Fiduciary Duties, Mark Ortega
Finding A Core Of Sustainability In Directors' And Officers' Fiduciary Duties, Mark Ortega
Duke Environmental Law & Policy Forum
Directors and officers have a fiduciary duty to act in the best interests of a corporation and its shareholders. Yet corporations may be employing unsustainable, short-term business models that fail to properly account for financial and systemic risks that could harm the corporation in the long term. This paper asks whether there is, embedded within directors' fiduciary duties, a greater duty to consider "sustainability" (as this paper defines it). Specifically, this duty would require directors and officers to return corporations to the established shareholder wealth maximization ("SWM") norm of creating long-term shareholder value under Delaware law.
This paper …
"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio
Duke Environmental Law & Policy Forum
No abstract provided.
The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger
The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger
Duke Environmental Law & Policy Forum
No abstract provided.
A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert
A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert
BYU Education & Law Journal
A 2004 literature review commissioned by the U.S. Department of Education estimated that one in every ten students would experience sexual harassment or abuse at the hands of an educator during their time in public schools. Even more alarming, multiple studies within Shakeshaft’s 2004 review suggested that this issue goes well beyond the reported data. At that time, leading social science research estimated that only 6% of children who were victims of educator sexual misconduct reported it. With significant developments in digital communications technologies since that 2004 study, researchers in the U.S. Department of Education have estimated that the number …
Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj
Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj
An-Najah University Journal for Research - B (Humanities)
The series of Israeli violations of human rights began with the start of Israel's occupation of Palestinian territories and continues until now. The occupying authorities have committed numerous violations and racist policies against the Palestinian people, which constitute a clear and explicit violation of international law. One of the most significant policies is the policy of administrative detention, systematically and continuously practiced by the occupying authorities against the Palestinian people. As every individual has the right to freedom and protection against arbitrary arrest, the policy of administrative detention deviates from the general norm. Therefore, it has been subjected to various …
Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi
Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi
An-Najah University Journal for Research - B (Humanities)
The presence of women as workers in workplaces has become an important and essential requirement for increasing the development of countries and a feature that characterizes modern societies. However, the diminishing of her rights and the discrimination directed against her sometimes prompted the local and international community to impose legal texts in the field of work aimed at equality between the sexes, and to provide special protection for women in terms of times and quality of work, taking into account women’s privacy, by prohibiting their employment in some jobs and granting them special leaves and preventing their dismissal during pregnancy …
Section 112(A) Strife At The Federal Circuit: A Call For Congressional Amendment To Save The Genus Claim And Preserve Patent Protection In The Biological Arts, James R. Vancamp Jr.
Section 112(A) Strife At The Federal Circuit: A Call For Congressional Amendment To Save The Genus Claim And Preserve Patent Protection In The Biological Arts, James R. Vancamp Jr.
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Lassoing Transformativeness: Taking Court-Approved Chaos And Grounding It In Congressional Order, Daniel T. Dodaro
Lassoing Transformativeness: Taking Court-Approved Chaos And Grounding It In Congressional Order, Daniel T. Dodaro
Seton Hall Journal of Legislation and Public Policy
No abstract provided.