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2012

Law and Society

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Articles 391 - 399 of 399

Full-Text Articles in Law

Fair Housing At 30: Where We Are, Where We Are Going, Tim Iglesias, Susan Saylor Dec 2011

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 Dec 2011

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.


The Rise Of Nollywood: Creators, Entrepreneurs, And Pirates, Olufunmilayo B. Arewa Dec 2011

The Rise Of Nollywood: Creators, Entrepreneurs, And Pirates, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

The rise of Nollywood illustrates the revolutionary potential of digital technologies in Africa. Nollywood, or the Nigerian video film industry, reflects technology leapfrogging that is increasingly prominent in Africa today. Such leapfrogging, however, may raise significant issues with respect to legal and other institutions. Film production had largely ceased in Nigeria by the end of the 1980s. Despite this absence, in the early 1990s, Nigeria started on a path that has led it to become the top producer of digital video films in the world. Nigeria is, however, an unlikely locale for the development of a major film industry. In …


Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy Sepinwall Dec 2011

Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy Sepinwall

Amy J. Sepinwall

As a result of the Supreme Court’s decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on ads supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy corporations to function as political speakers arises as well under a regime that allows wealthy individuals to do so. If we are not prepared to limit individuals’ expenditures on political speech, we will have to find a way to distinguish individuals’ and corporations’ free speech …


Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones Dec 2011

Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones

Brian Christopher Jones

No abstract provided.


Fiduciary Principles And Statutory Form In Relation To The Necessary And Proper Clause: Potential Constitutional Implications For Congressional Short Titles, Brian Christopher Jones Dec 2011

Fiduciary Principles And Statutory Form In Relation To The Necessary And Proper Clause: Potential Constitutional Implications For Congressional Short Titles, Brian Christopher Jones

Brian Christopher Jones

This article explores the principles of fiduciary duty and statutory form in relation to the “proper” portion of the Necessary and Proper Clause, and especially in regard to congressional short titles for bills and laws. While the clause is one of the most influential and controversial constitutional phrases, its meaning remains shrouded in mystery. At some level amongst the founders, the Constitution was regarded as a grant of fiduciary duty from the government to its people; given this, the clause should be read from such a perspective, and the duties of loyalty and good faith, among others, come into play …


Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones Dec 2011

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 …


Thought Experiment: Would Congressional Short Bill Titles Survive Ftc Scrutiny?, Brian Christopher Jones, Randal M. Shaheen Dec 2011

Thought Experiment: Would Congressional Short Bill Titles Survive Ftc Scrutiny?, Brian Christopher Jones, Randal M. Shaheen

Brian Christopher Jones

Many of those close to the Congressional legislative process seem to view the short titles of bills as “branding” rather than official legal instruments. In fact, this may be one of the reasons that some short titles for bills and laws have become tendentious and overly aspirational. This is problematic for such titles, as they are formally recognized by their inscription into federal law, and thus transcend their “branding” purposes, thereby putting the legal status of short titles in an awkward juxtaposition. By stripping away all of the current legal barriers that would technically negate such a prospect, this Article …


Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer Dec 2011

Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer

Nancy J. Knauer

The law occupies a prominent place in the everyday lives of LGBT individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of “legal consciousness” within the LGBT community. Given the importance of law in LGBT lives, it is …