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Articles 9841 - 9870 of 11451
Full-Text Articles in Law
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Michigan Law Review
A Review of Demystifying Disability: What to Know, What to Say, and How to Be and Ally. By Emily Ladau and Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell By Paul A. Lombardo.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 122, Issue 2 of Michigan Law Review
The Gloss Of War: Revisiting The Korean War’S Legacy, Mary L. Dudziak
The Gloss Of War: Revisiting The Korean War’S Legacy, Mary L. Dudziak
Michigan Law Review
In war powers analysis, reliance on the interpretive method of historical practice, also called the “gloss of history,” has made history a technology of the forever war. This approach draws upon the history of U.S. military conflict to interpret the scope of presidential war power and embeds past actions into the separation of powers. There is a crucial flaw in this methodology, however. The understanding of history in historical gloss is not informed by the changing historiography of war. This has led to a divergence between the “history” in legal authority and the revised historical understanding in scholarly works of …
The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus
The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus
Michigan Law Review
The national conversation about criminal justice reform largely ignores the critical need for structural reforms in the provision of indigent defense. In most parts of the country, decisions about how to structure the provision of indigent defense are made at the local level, resulting in a fragmented patchwork of different indigent defense delivery systems. In most counties, if an indigent criminal defendant gets representation at all, it comes from assigned counsel or flat-fee contract lawyers rather than public defenders. In those assigned-counsel and flat-fee contract systems, the lawyers representing indigent defendants have financial incentives to get rid of assigned criminal …
Public Duties For The New City, Sarah L. Swan
Public Duties For The New City, Sarah L. Swan
Michigan Law Review
The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police. But policing in America is deeply dysfunctional, as the police not only provide inadequate protection from violent crime, but simultaneously engage in outright acts of brutality against the citizenry. As awareness of these practices has swept across the nation, legal scholars and policymakers have offered numerous reforms and remedies to help solve policing’s problems. The responses have tended to focus on the top of the legal pyramid, using the big hammers of the federal government, …
The Impact Of Post-Dobbs Abortion Bans On Prenatal Tort Claims, Aviva K. Diamond
The Impact Of Post-Dobbs Abortion Bans On Prenatal Tort Claims, Aviva K. Diamond
Michigan Law Review
In June 2022, the Supreme Court revoked Americans’ fundamental right to abortion in Dobbs v. Jackson Women’s Health Organization. However, the Court said nothing about how its decision would impact tort claims related to reproductive care. Many states have since adopted near-total or early-gestational- age abortion bans, which has not only diminished access to reproductive care, but has also incidentally impaired the ability of plaintiffs to bring long-recognized prenatal tort claims. Prenatal tort claims—wrongful pregnancy, birth, and life—allow victims to recover when a medical professional negligently performs reproductive or prenatal care. This Note identifies the impact that post-Dobbs …
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Michigan Law Review
Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside …
Essays On Public Policy, Justin Craig Heflin
Essays On Public Policy, Justin Craig Heflin
Graduate Theses, Dissertations, and Problem Reports (ETD)
The first chapter examines the impact of Red Flag Laws on homicide rates and suicide rates. Red Flag Laws seek to implement gun control measures by allowing the removal of firearms from individuals who pose a danger to themselves or others. Using a two-way fixed effects (TWFE) difference-in-differences (DiD) estimations, I demonstrate a negative and plausibly causal relationship between a state implementing a Red Flag Law and homicide rates. While there is also a reduction in suicide rates, I am unable to make causal claims. This study is the first to empirically examine Red Flag Laws, with an eye towards …
Low-Income Workers’ Perception Regarding Wage Theft And Barriers To Addressing Prevention In Southeast Florida, Marcia Carvlho-Donaldson
Low-Income Workers’ Perception Regarding Wage Theft And Barriers To Addressing Prevention In Southeast Florida, Marcia Carvlho-Donaldson
Walden Dissertations and Doctoral Studies
Many low-income workers are vulnerable to becoming victims of wage theft. Studies have shown that even when these workers know their rights, they still face certain obstacles should they complain or report such theft. Extensive research has been conducted at the federal level to establish the impact and consequences of wage theft, but few researchers have examined wage theft at the state and local level in states such as Florida. The experiences and perceptions of low-income worker participants in Southeast Florida were investigated in this phenomenological study, and rational choice theory was the conceptual framework used to investigate this phenomenon. …
Ambush, Reprisal, Riot, Revolt, And Reform: The Transnational Evolution Of British Colonial Policing In Ireland And The Palestine Mandate, 1918-1948, Tyler Kickler Krahe
Ambush, Reprisal, Riot, Revolt, And Reform: The Transnational Evolution Of British Colonial Policing In Ireland And The Palestine Mandate, 1918-1948, Tyler Kickler Krahe
Graduate Theses, Dissertations, and Problem Reports (ETD)
This dissertation looks at the changes in British colonial policing between Ireland and the Palestine Mandate from 1918 and 1948. This time period covers the duration of the Anglo-Irish War, as well as Britain’s mandatory control of Palestine. It is the argument of this work that from 1918 to 1936, between Ireland and the Palestine Mandate, British colonial police forces demonstrated a pattern of evolving police training, practice, and organization, spurred on by violent action and followed by attempts at reform. This pattern continued until the Arab Revolt of 1936 when the police forces in the Palestine Mandate abandoned attempts …
Britney’S Prerogative: A Critical, Constitutional View Of Conservatorships, Devraat Awasthi
Britney’S Prerogative: A Critical, Constitutional View Of Conservatorships, Devraat Awasthi
Oklahoma Law Review
No abstract provided.
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
Emory Bankruptcy Developments Journal
The Small Business Administration (“SBA”) has been providing disaster relief in the form of Economic Injury Disaster Loans (“EIDLs”) since its inception in 1953. In the context of the COVID-19 pandemic, the CARES Act charged the SBA with issuing forgivable loans through the Paycheck Protection Program (“PPP”) to small businesses which would otherwise face permanent closure. Though the CARES Act did not specifically grant the SBA authority to do so, the SBA interpreted its powers to include the ability to set requirements for loan approval which were not laid out in the Act itself. Specifically, the SBA promulgated a rule …
“Engaged In”: The Rocky Marriage Between Commercial And Business Activity And Subchapter V Eligibility, Blake Clevenger
“Engaged In”: The Rocky Marriage Between Commercial And Business Activity And Subchapter V Eligibility, Blake Clevenger
Emory Bankruptcy Developments Journal
The Small Business Reorganization Act of 2019, which created subchapter V bankruptcy relief for eligible small business debtors, is a step towards a small-business-friendly bankruptcy environment. The legislative history of subchapter V stated the goal of this new statute was to provide a cost-effective and streamlined path to reorganization to allow financially distressed small businesses to remain in business. To be eligible for subchapter V relief, a debtor must, among other requirements, be “engaged in commercial or business activities.” However, courts have continuously disagreed on the meaning of “engaged in commercial or business activities.” Courts have …
Fake And Real People In Bankruptcy, Melissa B. Jacoby
Fake And Real People In Bankruptcy, Melissa B. Jacoby
Emory Bankruptcy Developments Journal
This essay explores the bankruptcy system’s structural bias in favor of artificial persons—for-profit companies, non-profit enterprises, and municipalities given independent life by law—relative to humans. The favorable treatment extends to foundational issues such as the scope and timing of debt relief, the conditions to receiving any bankruptcy protections, and the flexibility to depart from the Bankruptcy Code by asserting that doing so will maximize economic value. The system’s bias also contributes to the “bad-apple-ing” of serious policy problems, running counter to other areas of law that have deemed harms like discrimination to be larger institutional phenomena rather than merely the …
Pragmatic Family Law, Clare Huntington
Pragmatic Family Law, Clare Huntington
Faculty Scholarship
Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health care for children, and similar flash points. This is hardly surprising for an area of law that implicates fundamental concerns about equality, bodily autonomy, sexual liberty, gender norms, parenting, and religion. Polarization poses significant risks to children and families, but centering contestation obscures another important reality. In many areas of doctrine and policy, family law has managed to avoid polarization, even for politically and socially combustible issues. Instead, states are converging on similar rules and policies, working …
Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc
Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc
Williams Honors College, Honors Research Projects
Crime analysis plays a vital role in policing and maintaining law and order throughout many countries around the globe. The application and uses of crime analysis can vary greatly not only worldwide, but also between local police agencies as well. Many factors, including resources that are available, as well as funding and the legal frameworks in place can all affect how crime analysis is used and operated. This paper will provide a deeper understanding of how the criminal justice system has evolved into the way it is today, as well as how crime analysis was developed. In addition, the paper …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 2
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush
Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush
Cardozo Journal of Conflict Resolution
No abstract provided.
A Proposal To Establish An International Commercial Arbitration Ethics Panel And Hotline To Resolve Disclosure And Conflicts Issues, Nelson Edward Timken
A Proposal To Establish An International Commercial Arbitration Ethics Panel And Hotline To Resolve Disclosure And Conflicts Issues, Nelson Edward Timken
Cardozo Journal of Conflict Resolution
No abstract provided.
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John Lande
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John Lande
Cardozo Journal of Conflict Resolution
No abstract provided.
Arbitrating Social Media Content: A Framework For Banning High-Profile Users Through Third-Party Arbitration, Rachel Gershengoren
Arbitrating Social Media Content: A Framework For Banning High-Profile Users Through Third-Party Arbitration, Rachel Gershengoren
Cardozo Journal of Conflict Resolution
No abstract provided.
Fight For Your Life: A Study Of Fairness In The Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff
Fight For Your Life: A Study Of Fairness In The Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff
Cardozo Journal of Conflict Resolution
No abstract provided.
The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat
The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat
Cardozo Journal of Conflict Resolution
No abstract provided.
Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie
Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie
Cardozo Journal of Conflict Resolution
On paper, nothing predestined me for a career in cybersecurity. Much in the same way as nothing on paper predestined me for being involved in a multinational effort like Project Seshat to study and respond to the rising threats of 'hybrid warfare' and 'gray zone conflict', or to give a keynote address at the Cardozo Journal of Conflict Resolution Melnick Symposium themed "Negotiation Strategies for War by Other Means."
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman
Cardozo Journal of Conflict Resolution
In the 2020 British TV series The Undeclared War, the Russians launch a series of attacks against the United Kingdom that destabilize key sectors in the UK and (spoiler alert) almost end in a full-scale conventional war. In this fictionalized account, the UK only considers fighting back against cyber warfare with cyber warfare. There is no negotiation. Despite knowing who is responsible for these attacks (the Russian government), negotiation is never even considered.
Thinking Ahead In The Grey Zone, Chris Honeyman, Ellen Parker
Thinking Ahead In The Grey Zone, Chris Honeyman, Ellen Parker
Cardozo Journal of Conflict Resolution
Readers who have recently begun to consider the implications of grey zone conflict or hybrid warfare for their own companies, law firms, or other organizations could be forgiven for seeing the entire subject as startling if not downright alarming. But some of our colleagues in this issue, notably Chris Corpora and Anne Leslie, have taken pains to point out how hybrid warfare could be seen instead as merely the latest and most technologically sophisticated version of attempts to undermine other countries which go back millennia. And the specific techniques that might help your company-or law firm, municipal government, university or …
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 25 (2023–24)
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 25 (2023–24)
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 1
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
Twenty-Second Annual International Advocate For Peace Award, Honoring Gloria Steinem, Gloria Steinem
Twenty-Second Annual International Advocate For Peace Award, Honoring Gloria Steinem, Gloria Steinem
Cardozo Journal of Conflict Resolution
On March 29, 2023, the Cardozo Journal of Conflict Resolution presented the twenty-second annual International Advocate for Peace Award to Gloria Steinem.
The Future Of Arbitration In The United States: Textualism, A Tectonic Shift, And A Reshaping Of The Civil Justice System, Imre S. Szalai
The Future Of Arbitration In The United States: Textualism, A Tectonic Shift, And A Reshaping Of The Civil Justice System, Imre S. Szalai
Cardozo Journal of Conflict Resolution
No abstract provided.