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Articles 1 - 30 of 95
Full-Text Articles in Law
The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel
The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel
Honors Thesis
Are there specific roots that influence the introduction and incorporation of discriminatory medical policies? What are the sources of such stigma, discrimination, and prejudice, in what forms does such discrimination take place, and what negative impacts does such hatred have on health outcomes, quality of care, and health disparities? Through a review of existing literature on this topic, intertwining the examination of the evolution of discriminatory policies and other explanatory literature in the United States, this thesis aims to answer the questions above, and explain the roots of such homophobic discrimination and its prevalence in the United States. Through the …
Searching Govinfo.Gov/, Bert Chapman
Searching Govinfo.Gov/, Bert Chapman
Libraries Faculty and Staff Presentations
This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.
The Role Of Scientific Research In The Development Of Legislation, منصور الصرايرة
The Role Of Scientific Research In The Development Of Legislation, منصور الصرايرة
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
This research dealt with issues related to the role of scientific research in the development of legislation, and the research aimed to clarify the concept of scientific research, its importance in preparing and drafting legislation, and clarifying its role in linking jurisprudence and legislation and the extent to which its theories are implemented in the field of legislation.
The problem of the research was the extent to which the national legislator adopted or ignored the opinions of legal scholars and commentators and their points of view in the legislation that the legislator is enacting or amending, hence the importance of …
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Honors College Theses
This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …
Improving Veteran Access; Status Of Operations Of The United States Department Of Veteran Affairs Work-Study Program, Kirk Allen
Electronic Theses, Projects, and Dissertations
The usage status of The U.S. Department Veterans Affairs Work-Study Program is examined. Beneficiary numbers from the Global, Unites States, State, and Local/County perspective are reviewed. While of essential value, the program suffers from a lack of scholarly research and government oversight, and is further hindered by restrictive administrative rules lived first-hand. Research suggests that the program is operating outside of accountability to the taxpayer, presents as unnecessarily/overly-restrictive in accessibility, and is underutilized. The program appears to not be serving all veterans to full potential.
The Work-Study Program is codified in Veterans Benefits', Title 38 United States Code, Part III, …
Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger
Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger
Journal of Food Law & Policy
In response to the limitations of socialism and capitalism in meeting basic needs, this article explores the alternative version of modernity offered in post-Soviet Ukraine and its agriculture. Tracing a century of fundamental transformations through the story of milk, it finds a history that troubles universalized framings of indigeneity and colonialism. This article argues that under socialism milk became a product of collectivized effort and a reservoir of household resilience; and then, with post-Soviet disintegration of some forms of collective life and emergence of others, that milk has come to delineate spheres of both collective action and individual striving. This …
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
College Honors Program
This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Touro Law Review
No abstract provided.
China's Lack Of Animal Welfare Legislation Increases The Risk Of Further Pandemics, Amanda Whitfort
China's Lack Of Animal Welfare Legislation Increases The Risk Of Further Pandemics, Amanda Whitfort
Animal Sentience
Legislation enforcing positive animal welfare standards provides an important buffer against the spread of disease when other safeguards to promote animal health have failed. The continuing absence of animal welfare legislation in China increases the risk of future pandemics, like COVID-19, and puts animal health, and consequently public health in danger.
The Debate Over The Efficacy Of Federal Hate Crime Legislation: A Look At Arlen Specter’S Senatorial Efforts And Its Legacy, Sierra Reddi
The Debate Over The Efficacy Of Federal Hate Crime Legislation: A Look At Arlen Specter’S Senatorial Efforts And Its Legacy, Sierra Reddi
Arlen Specter Center Research Fellowship
Bias-motivated violence is considered especially heinous in the United States of America. This research examines the Federal legislation that cements that value into law. Hate crimes are criminal acts where the target was specifically chosen because of their race, sexual orientation, gender expression, ethnicity, or religion. These crimes, whether intentionally or not, have a ripple effect on societal values, and especially spread fear within oppressed minority groups. This research begins by examining the context that precipitated a need for hate crime laws to begin with and then looks at federal developments as a reaction to landmark hate crime cases. One …
Public Financing Of Elections In The States, Nicholas Meixsell
Public Financing Of Elections In The States, Nicholas Meixsell
Honors Theses
In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …
1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
Works of the FIU Libraries
This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.
Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …
Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?
The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a …
The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman
The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman
All Faculty Scholarship
This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal’s 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens’ ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent …
High-Stakes Interpretation, Ryan D. Doerfler
High-Stakes Interpretation, Ryan D. Doerfler
All Faculty Scholarship
Courts look at text differently in high-stakes cases. Statutory language that would otherwise be ‘unambiguous’ suddenly becomes ‘less than clear.’ This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize ‘clear’ or ‘unambiguous’ meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds.
This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to ‘know’ what a text means—and, hence, more difficult to regard …
My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel
My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel
Gender, Women's, and Sexuality Studies Summer Fellows
Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice Blackmun in …
1880, The Existing Laws Of The United States Relating To The Survey And Disposition Of The Public Domain
US Government Legislation and Statutes
This December 1, 1880, publication sets forth each general subject of legislation in separate chapters with complete references given to the antecedent legislation upon the same subject. Each chapter contains copious citations of all decisions regarding decisions by the Federal courts, the supreme courts of several public-land States and Territories, the Department of Justice, the Secretary of Interior ,and the Commissioner of the General Land Office.
The Definition And Significance Of 'Intoxication' In Australian Criminal Law: A Casestudy Of Queensland's 'Safe Night Out' Legislation, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room
The Definition And Significance Of 'Intoxication' In Australian Criminal Law: A Casestudy Of Queensland's 'Safe Night Out' Legislation, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room
Faculty of Law, Humanities and the Arts - Papers (Archive)
Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between 'intoxication' and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes …
Sound Recordings, Works For Hire, And The Termination-Of-Transfers Time Bomb, David Nimmer, Peter S. Menell
Sound Recordings, Works For Hire, And The Termination-Of-Transfers Time Bomb, David Nimmer, Peter S. Menell
Peter Menell
No abstract provided.
Carter, Tim Lee, 1910-1987 - Relating To (Sc 2931), Manuscripts & Folklife Archives
Carter, Tim Lee, 1910-1987 - Relating To (Sc 2931), Manuscripts & Folklife Archives
Manuscript Collection Finding Aids
Finding aid only for Manuscripts Small Collection 2931. Materials relating to Tim Lee Carter, a Tompkinsville, Kentucky physician and member of the U.S. Congress from 1965-1981. Includes clippings, biographical data, correspondence relating to medical malpractice legislation, and programs, memoranda and publicity relating to the opening of the Carter Congressional Collection at Western Kentucky University. Also includes a pencil sketch of Carter.
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm
Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm
Professor Ben M Tsamenyi
No abstract provided.
Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi
Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.
Academic Employment And Gender Equity Legislation In Australia And Japan, 1970-2010, Kirsti Rawstron
Academic Employment And Gender Equity Legislation In Australia And Japan, 1970-2010, Kirsti Rawstron
Faculty of Law, Humanities and the Arts - Papers (Archive)
Purpose - The purpose of this paper is to examine the rate of change of men and women's employment as university academic staff in Australia and Japan; and, drawing on quantitative methods, show differences in the rate of change since the introduction of anti-sex discrimination legislation. The author also includes a discussion of programmes designed to increase female participation in academic positions to provide background to the existing changes.
Design/methodology/approach - Using statistics published by the Ministries of Education of both countries, a time series of female participation at each level of academic staff was constructed. Breakpoint analysis is used …
Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara
Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article addresses a contradiction that has long been at the heart of the criminal law concerned with ‘public order’. Although crimes such as offensive conduct and offensive language are amongst the most frequently prosecuted offences in Australia, their legal nature is poorly understood and rarely the subject of judicial scrutiny or academic explanation. In the context of ongoing controversy over whether such offences have a legitimate place on the statute books, we confront this oversight. This article draws on the High Court of Australia’s decision in He Kaw Teh v The Queen1 to lay out a methodology for construing …
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley
Articles
This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
Reducing The Drug War's Damage To Government Budgets, David B. Kopel, Trevor Burrus
Reducing The Drug War's Damage To Government Budgets, David B. Kopel, Trevor Burrus
David B Kopel
This Article examines ways that governments can mitigate the economic damage caused by the drug war. Part I details four specific legal reforms enacted in Colorado, which aim to reduce the problems of over-criminalization: Requiring a fiscal note for the creation of new statutory crimes; reducing drug possession from a felony to a misdemeanor; narrowing the scope of 'three strikes' laws, and; adjusting old sentences in light of new laws.
Part II explores the fiscal benefits of ending prohibition, such as reduced law enforcement costs and substantially increased tax revenues.
Part III analyzes the conflict between congressionally-imposed prohibition, and state …