Law and Society Commons^™

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash

Cardozo Journal of Equal Rights & Social Justice

The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.

(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu

Cleveland State Law Review

Illustrating the way in which conceptions of race and crime shape and are shaped by law is California's Proposition 21. Enacted in 2000, Proposition 21, also known as the Gang Violence and Juvenile Crime Prevention Act," was the product of California's direct democratic process through which voters are able to change the California Constitution through a simple majority vote. Part II address the ideological foundations of direct democracy and examines critically its ability to serve a democratic function. I examine the founders' rationale behind the decision not to employ a representative form of government, and look at direct democracy in …

The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman

Cardozo Journal of Conflict Resolution

Discussions of what justice means in mediation have a dialectical quality to them. At various points in the field's history, the notion that justice in mediation consists of fully maximized disputant self-determination holds sway. At other historical moments, a tentative consensus appears to recognize that justice in mediation requires normative content independent of the disputants' beliefs and values.

The Washington 2004 Gubernatorial Election Crisis: The Necessity Of Restoring Public Confidence In The Electoral Process, Joaquin G. Avila

Seattle University Law Review

This Article details the plethora of problems associated with Washington State's 2004 gubernatorial election and explores the proposed electoral reforms in light of prior threats to the electoral process. The Article postulates that electoral reforms in the administration of elections also present an important opportunity to provide minority communities with greater access to the political process. Part II of this Article begins with a history ofvoting discrimination in the United States. This history provides a context to the 2004 gubernatorial election in Washington. In addition, this history provides an important background context for assessing whether reforms in the administration of …

Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin

Nevada Law Journal

No abstract provided.

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown

Nevada Law Journal

No abstract provided.

Identity Politics And The Second Amendment, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

True Believers Or Moral Absolutists, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.

Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas J. Cmar

ExpressO

Political contribution incentive programs are a promising, under-explored means to address the problem of political equality in the American system of campaign finance. If properly designed, these programs -- which include tax credits, refunds, and vouchers -- could allow all Americans to participate on an equal basis in the crucial early-stage decisions that determine which candidates decide to run and are able to compete effectively. This article, written on behalf of U.S. PIRG, proposes a tax credit for political contributions as a first step toward building a "small donor democracy."

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris

ExpressO

Attempts to outlaw political groups that are alleged to approve the use of violence, to limit the expression of views that challenge the core values of democratic nation-states, and to ban radical, separatist, or religious political parties are more widespread in recent years than at any other time since 1945. They gave rise in the last few years to litigation in Constitutional Courts and Supreme Courts in Spain, Germany, Turkey, France, Israel, and Latvia, as well as in the European courts.

The present article tells the story of the encounter in the years 1959-1965 between the Pan-Arab national movement El …

The Same Side Of Two Coins: The Peculiar Phenomenon Of Bet-Hedging In Campaign Finance, Jason Cohen

ExpressO

The paper addresses the propensity of large donors to give to competing candidates or competing party organizations during the same election cycle – for example, giving money to both Bush and Kerry during the 2004 presidential race – a practice here termed 'bet-hedging.' Bet-hedging is analyzed in strategic and game-theoretic terms. The paper explores the prevalence of bet-hedging, the possible motivations behind the practice, and the informational concerns surrounding it. The paper argues that bet-hedging, out of all donation practices, carries with it a uniquely strong implication of ex post favor-seeking: if a donor prefers one side over the other, …

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …

Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson

Journal of Legal Education

No abstract provided.

Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland

ExpressO

This article discusses the recent passage of the Medicare Prescription Drug, Modernization and Improvement Act of 2003, and the executive and judicial decisions affecting the ability of the general public to access foreign pharmaceutical markets. The article examines the recent actions taken by the U.S. government, explore various state movements within the United States aimed at reducing pharmaceutical drug prices, outline the process of pharmaceutical drug prices in foreign countries, and advocate for a workable integration of all available mechanisms to feasibly reduce prescription drug prices for the benefit of both U.S. consumers and U.S. drug companies. As avenues to …

Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese

ExpressO

No abstract provided.

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This article assesses three basic approaches to assessing the future effects of the government’s fiscal policies: traditional measures of the deficit, measures associated with Generational Accounting, and measures derived from applying Capital Budgeting to the federal accounts. I conclude that Capital Budgeting is the best of the three approaches and that Generational Accounting is the least helpful. Acknowledging that there might be some value in learning what we can from a variety of approaches to analyzing fiscal policy, I nevertheless conclude that Generational Accounting is actually a misleading or--at best--empty measure of future fiscal developments. The best approach to providing …

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Mixed Signals: Reconsidering The Political Economy Of Judicial Deference To Administrative Agencies, Matthew C. Stephenson

ExpressO

This paper investigates rational choice explanations for patterns of Supreme Court decision-making with respect to the appropriate level of judicial deference to administrative agency decisions. In particular, I assess empirically the thesis that the Supreme Court expands deference when the Supreme Court is ideologically closer to the executive than to the circuit courts, and contracts deference when the opposite is true. I find little to no evidence supporting this "rational choice" theory of judicial deference. Given this surprising null finding, I offer alternative explanations for the data and suggest directions for future research.

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Faith, Confidence And Health Care: Fostering Trust In Medicine Through Law, Robert Gatter

All Faculty Scholarship

This Article responds to the work of Professor Mark A. Hall, who has written an accompanying essay in reply, published in the same issue of the Wake Forest Law Review.

This Article identifies an emerging medical trust movement and challenges its normative claim that, as a matter of policy, the law should be used to preserve, if not promote, trust in medicine. Key to this challenge is the fact that the emerging movement defines medical trust in emotional terms as a kind of faith that goes beyond rationally based confidence. First, because the movement defines medical trust as faith, it …

Leaders, Followers, And Free Riders: The Community Lawyer’S Dilemma When Representing Non-Democratic Client Organizations, Michael R. Diamond, Aaron O'Toole

Georgetown Law Faculty Publications and Other Works

This article will explore various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. We will discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. We will also examine the role of, and choices presented to, an attorney working in a community and for local community groups.

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Digital Propertization Of The New Artifacts: The Application Of Technologies For "Soft" Representations Of The Physical And Metaphysical, Mark Perry

Cardozo Journal of International and Comparative Law

The article explores how digital technology is revolutionizing the representation and ownership of artifacts, complicating traditional notions of intellectual property and cultural preservation. It argues that high-quality digital reproductions, such as MP3 files and digital images, challenge existing legal frameworks, highlighting the need for more flexible and culturally sensitive approaches to intellectual property rights.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.