Law Commons^™

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …

Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman

Publications and Research

A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …

Immigration Federalism As Ideology: Lessons From The States, Lina Newton

Publications and Research

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and …

Factors Influencing The Choice Of A Safe Haven For Offloading Illegally Caught Fish: A Comparative Analysis Of Developed And Developing Economies, Nerea Marteache, Julie S. Viollaz, Gohar A. Petrossian

Publications and Research

Using data from 72 countries, this study focuses on factors that affect illegal, unreported, and unregulated (IUU) fishing vessels’ choice of country to offload their catch, with a specific emphasis on the differences between developed and developing economies. The concept of choice-structuring properties is applied to analyze whether the following factors influence the selection of a country: concealability of vessels and illegally caught fish; convenience of the ports; strength of fisheries monitoring, control, and surveillance measures; effectiveness of country governance; and commitment to wildlife protection regulations. Results indicate that, rather than a country’s level of development, situational factors play a …

"Responses From The Field: Sexual Assault, Domestic Violence, And Policing”, Julie Goldscheid, Donna Coker, Sandra Park, Tara Neal, Valerie Halstead

Publications and Research

No abstract provided.

Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis

Publications and Research

No abstract provided.

Vulnerable, Not Voiceless: Outsider Narrative In Advocacy Against Discriminatory Policing, Nicole Smith Futrell

Publications and Research

Activists and lawyers advocating for those who are targeted, arrested, and prosecuted as a result of aggressive policing practices are often the first to hear individual accounts of the dehumanizing treatment endured by vulnerable communities. Working on the front lines of the criminal justice system on a daily basis may cause advocates to regard these descriptions as commonplace, such that the transformative potential of a shared personal experience is overlooked. Critical race, practice-oriented, and narrative theory scholarship have long recognized the power of telling one’s story. These disciplines have explored how outsider narrative, or the articulated experience of groups subordinated …

Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala

Publications and Research

Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question. In …

Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas

Graduate Student Publications and Research

The legal myth of thirds is the belief that each graduating class of law students can be divided into thirds where the top third end up becoming law professors, the middle third become judges and the bottom third become lawyers. Such discourse is indicative of a meritocratic society and a 2014 survey done at a small New England law school found that 36.9% of respondents (N=92) have indeed heard that this was the case. The authors feel that the mere existence of such a rumor suggests that there is concern regarding intra-professional stratification. Using data from the American Bar Foundation’s …

Tsars, Task Forces And Standards: The New “Irs”?, John Casey

Publications and Research

Institutional processes for regulating government-nonprofit relations in the U.S. are experiencing substantial growth, particularly at the state level. First, cabinet-level nonprofit “tsars” are being appointed by state governments as point persons for communication and coordination with nonprofits. Second, high-level cross-sector task forces are being established to examine the current relations between the sectors and to recommend reforms in regulatory and oversight processes. Third, nonprofit industry associations are developing statements of operating standards that seek to promote greater discipline in operations. These processes are potentially harbingers of the creation of new institutionalized relationship systems (IRS). This paper examines the emergence of …

Freedom In My Heart, Karen Sandler

Events

No abstract provided.

Librarians As Advocates For Social Media Privacy, Sarah Lamdan

LACUNY Institute 2015

Librarians must continue their traditional roles as privacy rights activists and intellectual freedom upholders into the digital age, and across electronic information sources, including social media fora. Social media is quickly becoming a major source of information and center for information seeking, and librarians have an opportunity to promote and help shape social media policies that protect users’ privacy and assure that users can seek information without inhibition. One way librarians can be involved in the promotion of online privacy is by joining the social media user rights movement and advocating terms of use agreements that protect information seekers that …

The Impact Of Prison Deinstitutionalization On Community Treatment Services, Beverly D. Frazier, Hung-En Sung, Lior Gideon, Karla S. Alfaro

Publications and Research

Background: With one in every 108 Americans behind bars, the deinstitutionalization of prisons is a pressing issue for all those facing the daunting challenges of successfully reintegrating ex-offenders into both their communities and the larger society. Given the strong evidence that treatment services, such as mental/behavioral health, alcohol/substance abuse, and primary healthcare may reduce recidivism, the large number of prisoner releases highlights the need for adequate treatment services in the community. It is within this context that the current study aims to examine the effects of prison deinstitutionalization on community based intervention modalities.

Methods: This study set out to address …

Social Media Privacy: A Rallying Cry To Librarians, Sarah Lamdan

Publications and Research

No abstract provided.

Due Process And The Failure Of The Criminal Court, Steven Zeidman

Publications and Research

No abstract provided.

Re-Integrating Community Space: The Legal And Social Meanings Of Reclaiming Abandoned Space In New York's Lower East Side, Andrea Mcardle

Publications and Research

No abstract provided.

Flourish Or Founder: The New Regulatory Regime In Legal Education, Sarah Valentine

Publications and Research

No abstract provided.

Cook V. Nara Versus The Public’S Right To Know, Sarah Lamdan

Publications and Research

No abstract provided.

“It Costs How Much?: Developing Student Critical Perspectives Through A Discussion Of Legal Information Costs, Yasmin Sokkar Harker

Publications and Research

No abstract provided.

Due Diligence And Gender Violence: Parsing Its Power And Its Perils, Julie Goldscheid, Debra Liebowitz

Publications and Research

No abstract provided.

The Contractual Family: The Role Of The Market In Shaping Family Formulations And Rights, Deborah Zalesne

Publications and Research

No abstract provided.

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …

Answering The Call: Flipping The Classroom To Prepare Practice-Ready Attorneys, Alex Berrio Matamoros

Publications and Research

In the rough and changing landscape of the legal job market, legal employers have called on law schools to prepare more “practice ready” attorneys — newly minted lawyers with better honed practical skills than the first year associates of the past. The increasing emphasis on legal skills sheds light on an interesting paradox within legal education; in legal skills courses, those that best lend themselves to active learning exercises, instructors fill valuable classroom time with passive lectures to convey the related theory and best practices. Recently, several legal skills instructors have adopted a flipped classroom model to remedy this paradox …

Do We Need A Human Right To A Healthy Environment?, Rebecca Bratspies

Publications and Research

No abstract provided.

Enhancing Reciprocal Synergies, Ruthann Robson

Publications and Research

No abstract provided.

Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson

Publications and Research

This "First Look" Essay argues that the Court should consider public interest lawyering when it decides a First Amendment challenge to the Canon prohibiting judicial candidates from soliciting money in Williams-Yulee v. The Florida Bar. It suggests that four cases are worth a "second look": Republican Party of Minnesota v. White (2002); Caperton v. A.T. Massey Coal Co. (2009); Shelley v. Kraemer (1948); and a Florida Supreme Court case involving discipline of a judge, In re Hawkins.

Syrian Women Refugees: Out Of The Shadows, Lisa Davis

Publications and Research

No abstract provided.

Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell

Publications and Research

No abstract provided.

Librarians As Feisty Advocates For Privacy, Sarah Lamdan

Publications and Research

No abstract provided.

Removing The Malice From Federal "Malicious Prosecution": What Cognitive Science Can Teach Lawyers About Reform, Sofia Yakren

Publications and Research

No abstract provided.