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Articles 571 - 596 of 596
Full-Text Articles in Law
How Can The Existing Legal Framework With Regard To The Maintenance Of Parents And Protection For The Elderly From Neglect And Abuse Be Reformed?, Jonathan Chen Yeen Muk, Gek Min Yeo
How Can The Existing Legal Framework With Regard To The Maintenance Of Parents And Protection For The Elderly From Neglect And Abuse Be Reformed?, Jonathan Chen Yeen Muk, Gek Min Yeo
Jonathan Muk
This article examines the existing problems with laws relating to elderly neglect, abuse and maintenance. Suggestions are then made as to how laws can be improved so that the welfare of the elderly can be better taken care of.
Respectable Queerness, Yuvraj Joshi
Respectable Queerness, Yuvraj Joshi
Yuvraj Joshi
This Article proposes a new theoretical framework to understand public recognition of gay people and relationships. This framework—called “respectable queerness”—suggests that public recognition of gay people and relationships is contingent upon their acquiring a respectable social identity that is actually constituted by public performances of respectability and by privately queer practices. The challenges posed by such recognition include dissonance between one’s public and private selves and fuelling moralism and entrenching divisions between different queer constituencies.
Implementing Environmental Justice In Appalachia: The Social And Cultural Context Of Mountaintop Removal Mining As Seen Through The Lenses Of Law And Documentaries, Evan Barret Smith
Implementing Environmental Justice In Appalachia: The Social And Cultural Context Of Mountaintop Removal Mining As Seen Through The Lenses Of Law And Documentaries, Evan Barret Smith
Evan Barret Smith
Mountaintop removal is a form of mining that has major effects on the ecology and people of central Appalachia. The practice has been gaining increasing attention from the EPA and popular cultural sources as an environmental justice issue. Recent decisions by the EPA incorporate an environmental justice analysis as contextualization, but the perspective provided is problematic. This Article compares the way that the social and cultural context of mountaintop removal has been framed in judicial opinions and EPA documents to understand how legal documents understand and perpetuate the conflicts related to mountaintop removal. To further widen the lens, seven documentary …
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Aaron J Shuler
Civil rights litigators use statutory and constitutional attacks to combat inequality. Each approach has its advantages and drawbacks developed through interpretation by U.S. courts. The first major decision that shaped modern civil rights was the Civil Rights Cases that dodged a constitutional attack to withdraw most private acts of discrimination out of reach until the Civil Rights Act of 1964 was passed and validated in Heart of Atlanta v. U.S. In addition to the coupling of statutory attacks with private discrimination and constitutional challenges to state biases, statutory attacks have proven to be more adept at addressing disparate impacts as …
Fair Housing At 30: Where We Are, Where We Are Going, Tim Iglesias, Susan Saylor
Fair Housing At 30: Where We Are, Where We Are Going, Tim Iglesias, Susan Saylor
Tim Iglesias
California has long been a leader in anti-discrimination law including in housing. Thirty years after the founding of the California Real Property Journal, this article asks: How effective have the fair housing laws been in achieving their twin goals of ending housing discrimination and promoting community integration? Much progress has been made during this time, but stubborn patterns of bias and segregation persist. At the same time, our laws have expanded to encompass more people and more situations, making the goalpost more distant and elusive. This article (1) describes at how fair housing laws have changed since the first issue …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Felice J Batlan
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
Katharine K. Baker
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Nick J. Sciullo
Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
In this brief article, I tackle several issues that are critically important to progressive move(ment)s in the law and in society as a whole. I am convinced that the progressive community can make great strides in enriching the law and people’s experience with it through continued articulation and combined sense of theory and practice. We need to move beyond litigation and engage our critical consciousness to embrace activism on all fronts. This is why I locate a positive politics of struggle in the Occupy Movements that I believe progressives ought to embrace . We must simultaneously come to grips with …
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
Nick J. Sciullo
In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …
The Faith That Divides Us: Lines Of (In)Division Between Religion & Politics (Reviewing Hijacked: Responding To The Partisan Church Divide By Mike Slaughter & Charles E. Gutenson, With Robert P. Jones)), Jonathan C. Augustine
The Faith That Divides Us: Lines Of (In)Division Between Religion & Politics (Reviewing Hijacked: Responding To The Partisan Church Divide By Mike Slaughter & Charles E. Gutenson, With Robert P. Jones)), Jonathan C. Augustine
Jonathan C. Augustine
No abstract provided.
A National Model For Disaster Recovery: Growing Green Jobs In The Age Of Energy Efficiency, Jonathan C. Augustine
A National Model For Disaster Recovery: Growing Green Jobs In The Age Of Energy Efficiency, Jonathan C. Augustine
Jonathan C. Augustine
No abstract provided.
Environmental Justice And Eschatology In Revelation, Jonathan C. Augustine
Environmental Justice And Eschatology In Revelation, Jonathan C. Augustine
Jonathan C. Augustine
The concept of environmental justice is not new. While some scholars and activists trace its origins as part of the ongoing American Civil Rights Movement—a movement which emerged within the interdisciplinary connection of law and religion—this Essay argues that the concept of environmental justice has deep origins in the Holy Bible. With a foundation in the Old Testament Hebrew scriptures, this Essay combines the disciplines of law and religion by arguing that the Book of Revelation should be read ecologically, as a clarion call to protect the environment in anticipation of the time the triune God will return to live …
Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin
Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin
Leslie C. Levin
Lawyer misbehavior occurs in every country and regulators often struggle to address it effectively. This article looks at six case studies of disciplined lawyers in Australia, Canada, the Netherlands, New Zealand and the United Kingdom. It notes the similarities in the cases and to disciplined lawyers previously described in case studies in the United States. In particular, these case studies involved male lawyers predominantly working in solo or small firms who were insufficiently exposed to positive professional values early in practice. They were willing to lie to achieve their goals and were motivated, at least in part, by money. The …
Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha
Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Não pode deixar de haver uma relação entre Estado e valores. Sem alguns valores partilhados, o Estado tem dificuldades. Há sempre, de um modo ou de outro, uma Ética no Estado. Ou várias. Como lidar com as éticas e as morais em sociedades pluralista como as nossas? Esta dificuldade obriga-nos também a repensar o próprio Estado, também desafiado por tempos de globalização. Foram estas algumas das interrogações que desejamos colocar neste estudo, elaborado para corresponder ao honroso convite para colaborar no portentoso volume que homenageia o grande constitucionalista brasileiro, e Vice-Presidente da República Federativa do Brasil, Prof. Michel Temer.
Law And Identity, Sarah Marusek
Legal Geography, Sarah Marusek
Justice Can Never Truly Be Blind: Review Of Visualizing Law In The Age Of The Digital Baroque: Arabesques And Entanglements By Richard Sherwin, Sarah Marusek
Sarah Marusek, Ph.D
No abstract provided.
Investing In The Future Of Pakistan: Understanding Why It Is Important To Ensure Protection Of The Rights Of Children Affected By Armed Conflicts, Nida Mahmood
Nida Mahmood Ms
This paper looks into the de facto compliance of Pakistani Laws with the optional protocol to the convention on rights of children on the involvement of children in armed conflicts and suggests why Pakistan should ratify this protocol as soon as possible.
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Jorge R Roig
The Great Recession And Its Implications For Community Policing, Matthew J. Parlow
The Great Recession And Its Implications For Community Policing, Matthew J. Parlow
Matthew Parlow
Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard
Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard
Hannah Haksgaard
No abstract provided.
Hauerwas And The Law: Is There A Basis For Conversation?, M. Cathleen Kaveny
Hauerwas And The Law: Is There A Basis For Conversation?, M. Cathleen Kaveny
M. Cathleen Kaveny
No abstract provided.
Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones
Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones
Brian Christopher Jones
No abstract provided.
Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones
Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones
Brian Christopher Jones
This exploratory article uses interviews from lawmakers, government officials, bill drafters and parliamentary journalists from Westminster, the Scottish Parliament and the United States Congress to determine humanised law campaigns potential impact on the legislative process. It hypothesised that emotional law is prevented through the depersonalisation of such statutory or regulatory instruments, and that more United Kingdom and Scottish interviewees would embrace this perspective than United States interviewees. Humanised campaigns and personalised statutory law in the United States Congress appears to be on the rise. In Britain such campaigns are a rarity, yet over the past few years the Sarah's Law …
What Piece Of Work Is Man: Frans De Waal And Pragmatist Naturalism, Wouter H. De Been, Sanne Taekema
What Piece Of Work Is Man: Frans De Waal And Pragmatist Naturalism, Wouter H. De Been, Sanne Taekema
Wouter H. de Been
Frans de Waal has questioned a central premise of liberal theory, i.e. that human beings are primarily defined by selfishness and rationality. This premise does not conform to what we know from research about our primate origins - namely that primates are gregarious and guided by sympathy and empathy. De Waal argues we should return to Adam Smith’s moral theory and his focus on sympathy and empathy. We believe a return to pragmatism would be more appropriate. Pragmatism largely conforms to the view of human nature that De Waal’s research now supports. We argue that pragmatism can provide a more …