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Articles 31 - 54 of 54
Full-Text Articles in Law
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
Articles
In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …
Concentrated Enforcement, Leigh Osofsky
Concentrated Enforcement, Leigh Osofsky
Articles
When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax literature suggests that they should be allocated based on a "worst-first" method, whereby the individuals likely to be most noncompliant are targeted. However, while "worst-first" methods can encourage all individuals to increase compliance so as not to be deemed the "worst, " they can also provide cover to engage in noncompliance that …
Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker
Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker
Articles
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby
Articles
No abstract provided.
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Articles
No abstract provided.
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
Articles
No abstract provided.
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
Articles
No abstract provided.
Green Siting For Green Energy, Amy Wilson Morris, Jessica Owley, Emily Capello
Green Siting For Green Energy, Amy Wilson Morris, Jessica Owley, Emily Capello
Articles
No abstract provided.
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Articles
No abstract provided.
Objecting To Race, Anthony V. Alfieri
Class Actions And Justiciability, Sergio J. Campos
Class Actions And Justiciability, Sergio J. Campos
Articles
A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as standing, mootness, and ripeness, is the class action brought by all class members, some class members, or just the class representative?
This Article argues that the answer should be none of the above-it should be the class attorney. This Article first shows that the function of the class action is to assign dispositive control of, and a partial beneficial interest in, the class members' claims to the class attorney. Put …
Response: Means, Ends, And Institutions, Charlton C. Copeland
Response: Means, Ends, And Institutions, Charlton C. Copeland
Articles
No abstract provided.
Emotional Compelled Disclosures, Caroline Mala Corbin
Creating A Culture Of Compliance: Why Departmentalization May Not Be The Answer, Michele M. Destefano
Creating A Culture Of Compliance: Why Departmentalization May Not Be The Answer, Michele M. Destefano
Articles
Over the past few decades, as corporate criminal liability rules, sentencing guidelines, and settlement incentives have changed, therehas been increased emphasis on and resources devoted to thecompliance function at large publicly held companies. In this article, Professor DeStefano traces the development of the compliance function at large corporations and questions the recent mandate by certain governmental entities that malfeasant corporations designate a chief compliance officer and separate the compliance gatekeeping function from the legal department so that this chief compliance officer does not report to the general counsel. She categorizes the types of arguments made for and against departmentalization and …
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Articles
No abstract provided.
Roll Back "Prison Nation", Donna Coker
How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks
How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks
Articles
If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Articles
No abstract provided.
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Articles
Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …
The Irs As Tax Law Nonenforcer, Leigh Osofsky
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Articles
No abstract provided.
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Articles
No abstract provided.
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Articles
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …
Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz
Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz
Articles
No abstract provided.