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Articles 1591 - 1620 of 2055
Full-Text Articles in Law and Society
Meditaciones Postmodernas Sobre El Castigo: Acerca De Los Límites De La Razón Y De Las Virtudes De La Aleatoriedad (Una Polémica Y Un Manifiesto Para El Siglo Xxi), Bernard E. Harcourt
Meditaciones Postmodernas Sobre El Castigo: Acerca De Los Límites De La Razón Y De Las Virtudes De La Aleatoriedad (Una Polémica Y Un Manifiesto Para El Siglo Xxi), Bernard E. Harcourt
Faculty Scholarship
Abstract in Spanish
Durante la Modernidad, el discurso sobre la pena ha girado circularmente en torno a tres grupos de interrogantes. El primero, surgido de la propia Ilustración, preguntaba: ¿En qué basa el soberano su derecho de penar? Nietzsche con mayor determinación, pero también otros, argumentaron que la propia pregunta implicaba ya su respuesta. Con el nacimiento de las ciencias sociales, este escepticismo hizo surgir un segundo conjunto de interrogantes: ¿Cuál es, entonces, la verdadera función de la pena? ¿Qué es lo que hacemos cuando penamos? Una serie de críticas ulteriores – de metanarrativas, funcionalistas o de objetividad científica – …
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
BYU Law Review
No abstract provided.
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Cardozo Law Review
"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Faculty Publications and Presentations
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
San Diego International Law Journal
Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....
Social Movements And The Ethical Construction Of Law, Gerald Torres
Social Movements And The Ethical Construction Of Law, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
A Response To Professor Greenawalt, Marci A. Hamilton
A Response To Professor Greenawalt, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman
Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman
Faculty Publications
No abstract provided.
The Constitution And The American Federal System, Robert A. Sedler
The Constitution And The American Federal System, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Commentary On Proposition 8: Much Ado About Nothing; Or A Wake-Up Call To Do Something, Lydia Edwards
Commentary On Proposition 8: Much Ado About Nothing; Or A Wake-Up Call To Do Something, Lydia Edwards
The Modern American
No abstract provided.
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl
UIC Law Review
No abstract provided.
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, 42 J. Marshall L. Rev. 643 (2009), Gerald N. Rosenberg
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, 42 J. Marshall L. Rev. 643 (2009), Gerald N. Rosenberg
UIC Law Review
No abstract provided.
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
UIC Law Review
No abstract provided.
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
UIC Law Review
No abstract provided.
Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim
Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim
Reports & Public Policy Documents
Almost a decade ago, in June 2000, the Canadian Human Rights Act Review Panel conducted a comprehensive review of the Canadian Human Rights Act [CHRA] and recommended that “social condition” be added as a prohibited ground of discrimination. Since then, no action has been taken to implement this recommendation, despite calls for action from international bodies, political actors, human rights agencies and organizations, and academic commentators to provide protections from discrimination for those suffering from social and economic disadvantage. The authors analyze the experiences at the provincial level with socio-economic grounds of discrimination, jurisprudential developments under the Canadian Charter of …
The Constitutional Status Of Morals Legislation, John Lawrence Hill
The Constitutional Status Of Morals Legislation, John Lawrence Hill
Kentucky Law Journal
No abstract provided.
Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov
Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov
Faculty Scholarship
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …
Racial Exhaustion, Darren Lenard Hutchinson
Racial Exhaustion, Darren Lenard Hutchinson
UF Law Faculty Publications
Contemporary political and legal discourse on questions of race unveils a tremendous perceptual gap among persons of color and whites. Opinion polls consistently demonstrate that persons of color commonly view race and racial discrimination as important factors shaping their opportunities for economic and social advancement. Whites, on the other hand, often discount race as a pertinent factor in contemporary United States society. Consequently, polling data show that whites typically reject racial explanations for acute disparities in important socio-economic indicators, such as education, criminal justice, employment, wealth, and health care. Echoing this public sentiment, social movement actors, politicians, and the Supreme …
Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman
Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman
Buffalo Law Review
No abstract provided.
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
NYLS Law Review
No abstract provided.
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Georgetown Law Faculty Publications and Other Works
This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …
The Missing Jurisprudence Of The Legislated Constitution, Robin West
The Missing Jurisprudence Of The Legislated Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Does the fourteenth Amendment and its Equal Protection Clause — the promise that "no state shall deny equal protection of the laws" — have any relevance to the progressive project of reducing economic inequality in various spheres of life or, more modestly, of ameliorating the multiple vulnerabilities of this country's poor people? The short answer, I believe, is, it depends. It will depend, in 2020, just as it depends now, on what we mean by the Constitution we are expounding: the Constitution as read and interpreted by courts — the adjudicated Constitution — or what I propose to call the …
The Gendered Nature Of Domestic Violence: Statistical Data For Lawyers Considering Equal Protection Analysis, Molly Dragiewicz, Yvonne F. Lindgren
The Gendered Nature Of Domestic Violence: Statistical Data For Lawyers Considering Equal Protection Analysis, Molly Dragiewicz, Yvonne F. Lindgren
Faculty Works
In Woods v. Horton, the California’s Third District Court of Appeal in Sacramento ruled that a state Health and Safety Code section funding domestic violence shelter services specifically for battered women and their children violated equal protection. Using the strict scrutiny standard of review, the court held that under the state’s Equal Protection Clause, women and men are “similarly situated” with regard to domestic violence and, therefore, the language in the code should be revised to make state funding for domestic violence shelter services under that code gender-neutral. Woods is the first successful legal decision for the anti-feminist “fathers’ rights” …
Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont
Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont
NYLS Law Review
No abstract provided.
Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze
Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze
NYLS Law Review
No abstract provided.
Changing Equalities, Jack B. Weinstein
New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard
New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard
NYLS Law Review
No abstract provided.
Bah V. Mukasey, Sandrine Dehaeze