Law Commons^™

Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun

Utah Law Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …

Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention In Packaging Essential Health Benefits, Anita Silvers, Leslie P. Francis

Utah Law Faculty Scholarship

The promise of health care as a right has all too often proved hollow for people with disabilities. In this article, we argue that the understanding of health care as a human right, as found in the CRPD, fails to provide the theoretical machinery for responding to the pressing challenges of health care costs. These challenges are real and potentially devastating. We develop instead an account of health care as a civil right. What this right requires is dependent on the context and resources of the time, so long as all have meaningful access to the benefits provided. The ACA …

Striking For The Guardians And Protectors Of The Mind: The Convention On The Rights Of Persons With Mental Disabilities And The Future Of Guardianship Law, Michael L. Perlin

Articles & Chapters

In many nations, entry of a guardianship order became the “civil death” of the person affected. It has been accurately characterized as “civil death” characterization because a person subjected to the measure is not only fully stripped of their legal capacity in all matters related to their finance and property, but is also deprived of, or severely restricted in, many other fundamental rights, [including] the right to vote, the right to consent or refuse medical treatment (including forced psychiatric treatment), freedom of association and the right to marry and have a family.

Guardianship is also frequently entered. In Hungary, for …

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

Filling In The Blanks, William P. Lapiana

Articles & Chapters

No abstract provided.

Introduction: Men, Masculinities, And Law, Ann C. Mcginley

Nevada Law Journal

No abstract provided.

Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley, Frank Rudy Cooper

Nevada Law Journal

No abstract provided.

White Men As The New Victims: Reverse Discrimination Cases And The Men's Rights Movement, Bethany M. Coston, Michael Kimmel

Nevada Law Journal

No abstract provided.

Is Marriage For Rich Men?, June Carbone, Naomi Cahn

Nevada Law Journal

No abstract provided.

Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier

Nevada Law Journal

No abstract provided.

Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd

Nevada Law Journal

No abstract provided.

Three Tales Of Female Masculinity, Zachary A. Kramer

Nevada Law Journal

No abstract provided.

Does Manly Courage Exist?, John M. Kang

Nevada Law Journal

No abstract provided.

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah L. Brake

Nevada Law Journal

No abstract provided.

Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams

Nevada Law Journal

No abstract provided.

Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo

Nevada Law Journal

No abstract provided.

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.

Masculinity Italian Style, Barbara Pozzo

Nevada Law Journal

No abstract provided.

Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman

Nevada Law Journal

No abstract provided.

The Effects Of Intent And Consequences On The Assignment Of Penalties Related To Hiv Non-Disclosure Situations, Yang Deng

Psychology Theses & Dissertations

Laws related to HIV require individuals infected with HIV to disclose their HIV-positive status before engaging in sexual behavior. These laws vary as to whether to include the intent of HIV non-disclosure as a criterion for prosecution. Penalty assignment for HIV non-disclosure is consistent with moral judgment. Literature regarding moral judgment has been inconsistent as to whether individuals process information regarding intent and consequences independently or interdependently when recommending penalties. The present study seeks to explore the effects of intent and consequences on recommended penalties in HIV non-disclosure situations. A 3(intent) × 2(consequence) ANOVA design was conducted with recommended penalties …

Compilation Of International Authorities Supporting Specific Measures To Combat Climate Change, Fiona Kinniburgh

Sabin Center for Climate Change Law

This document is a compilation of international authorities that endorse or require various specific measures to combat climate change. The document comprises a non-exhaustive compilation of extracts from various international agreements, environmental treaties and resolutions / declarations of international organizations, as well as reports from several respected international bodies. While the UNFCCC, the Kyoto Protocol and decisions of the Conference of the Parties contain the most authoritative and directly applicable obligations regarding climate change, other international conventions, declarations, agreements and charters also give legal support for some of these specific measures.

Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports, Elizabeth Sheargold, Smita Walavalkar

Sabin Center for Climate Change Law

As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.

Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel

Articles & Chapters

In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …

Journal Staff

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Emerging Issues In Media And Communications Law, Craig D. Feiser

University of Florida Journal of Law & Public Policy

No abstract provided.

A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World, Alexander E. Blanchard

University of Florida Journal of Law & Public Policy

No abstract provided.

Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War, Jason Zenor

University of Florida Journal of Law & Public Policy

No abstract provided.

The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry

University of Florida Journal of Law & Public Policy

No abstract provided.

Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United, Christopher Terry, Mitchell Bard

University of Florida Journal of Law & Public Policy

No abstract provided.