Law and Society Commons^™

A Poor Player: Exempting Theatrical Productions From Smoke-Free Laws, Michael Freiberg

University of Florida Journal of Law & Public Policy

No abstract provided.

When Courts Let Insane Delusions Pass The Rational Basis Test: The Newest Challenge To Florida's Exclusion Of Homosexuals From Adoption, Amy D. Ronner

University of Florida Journal of Law & Public Policy

No abstract provided.

Valuing Grief: A Proposal To Compensate Relocated Public Housing Residents For Intangibles, Dawn Jourdan, Ryan Feinberg

University of Florida Journal of Law & Public Policy

No abstract provided.

Squelching Student Speech In Florida?: Cyberbullying And The First Amendment, Kara Carnley Murrhee

University of Florida Journal of Law & Public Policy

No abstract provided.

Bleeping Expletives: Adequate Protection Of The Public Or Unjustified Censorship?, Chad M. Muir

University of Florida Journal of Law & Public Policy

No abstract provided.

Tribute To Bob Moffat, Winston P. Nagan

University of Florida Journal of Law & Public Policy

No abstract provided.

Income Integration As A Race-Neutral Pursuit Of Equity And Diversity In Education After The Parents Involved In Community Schools Decision, L. Darnell Weeden

University of Florida Journal of Law & Public Policy

No abstract provided.

Law And Happiness (Eric A. Posner & Cass R. Sunstein Eds., 2010), Jeffrey L. Harrison

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Access To Criminal Discovery Records: A Look Behind The Curtain Of The Criminal Justice System, Brian Pafundi

University of Florida Journal of Law & Public Policy

No abstract provided.

How (Not) To Think Like A Punisher, Alice G. Ristroph

Georgetown Law Faculty Publications and Other Works

This article examines the several and sometimes contradictory accounts of sentencing in proposed revisions to the Model Penal Code. At times, sentencing appears to be an art, dependent upon practical wisdom; in other instances, sentencing seems more of a science, dependent upon close analysis of empirical data. I argue that the new Code provisions are at their best when they acknowledge the legal and political complexities of sentencing, and at their worst when they invoke the rhetoric of desert. When the Code focuses on the sentencing process in political context, it offers opportunities to deploy both practical wisdom and empirical …

Hope In The Law, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.

All That You Can’T Leave Behind: Making And Administering Laws In The Select Government Localities Of Komenda, Cape Coast, And Accra, Andrew Freeman

Independent Study Project (ISP) Collection

This paper is an attempt to understand how laws are created and maintained on the local level in Komenda, Cape Coast, and Accra. It explains how bylaws are created in those localities through the use of the General Assemblies. The paper then examines the judicial system in those same areas. Komenda uses an Arbitration Committee. Cape Coast and Accra both have a Circuit Court and a High Court. After detailing how the legislative and court system function, the paper compares and contrasts the different ways that the legislative and judicial branches are executed.

Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett

Cornell Law Faculty Publications

Recent years have witnessed two linked revivals in the legal academy. The first is renewed interest in articulating a normative “master principle” by which legal rules might be evaluated. The second is renewed interest in the prospect that a variant of Benthamite “utility” might serve as the requisite touchstone. One influential such variant now in circulation is what the Article calls “Paretian welfarism.”

This Article rejects Paretian welfarism and advocates an alternative it calls “fair welfare.” It does so because Paretian welfarism is inconsistent with ethical, social, and legal prescription, while fair welfare is what we have been groping for …

The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee

College of Law - Faculty Scholarship

Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue …

Criminal Justice And The Public Imagination, Erik Luna

Scholarly Articles

As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that …

A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings

UIC Law Review

No abstract provided.

Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This paper explores the commodification of women and biological processes, the confusion of scientific evidence with social agendas, and the conflict between marketing and public health. I assert that key actors in the healthcare marketplace - government, businesses, and doctors – have acted to enable weak medical and scientific evidence to be manipulated by ideological and profit-making partisans in a poorly regulated market. I focus on the unique role of the medical profession, which has acted with government and the private sector to shape the markets in human milk and infant formula. In a striking parallel to the pharmaceutical industry, …

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 …

Family Classes: Rethinking Contraceptive Choice, Naomi Cahn, June Carbone

University of Florida Journal of Law & Public Policy

No abstract provided.

Home, Rights, And Private Communities, Paul Boudreaux

University of Florida Journal of Law & Public Policy

No abstract provided.

The Invention Of Legal Primitivism, Steven Wilf

Faculty Articles and Papers

This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …

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 …

Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian Mccall

Faculty Articles

This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.

The Guide For Future Preservation In Historic Districts Using A Creative Approach: Charleston, South Carolina's Contextual Approach To Historic Preservation, Hunter S. Edwards

University of Florida Journal of Law & Public Policy

No abstract provided.

Raid Of The Masses: How The Seizure Of Flds Children Supports Applying The Traditional Criminal Law Exigent Circumstances Exception In The Child Removal Context, Lorna Cobb

University of Florida Journal of Law & Public Policy

No abstract provided.

Denmark Energy Policy: Success In Achieving Energy Independence And Establishing An International Wind Energy Industry, Jeremy Mcbryan

University of Florida Journal of Law & Public Policy

No abstract provided.

Habeas Corpus: What The Closing Of Guantanamo Bay Means For Future Challenges To Executive Detention From Abroad, Jay A. Yagoda

University of Florida Journal of Law & Public Policy

No abstract provided.

Foreword, Nancy E. Dowd

University of Florida Journal of Law & Public Policy

No abstract provided.

Reflections On Loving And Children's Rights, Barbara Bennett Woodhouse, Kelly Reese

University of Florida Journal of Law & Public Policy

No abstract provided.

The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda

University of Florida Journal of Law & Public Policy

No abstract provided.