Law and Society Commons^™

The Picture Of Equality, Alfred Dennis Mathewson

University of Florida Journal of Law & Public Policy

No abstract provided.

Fighting For Children's Rights: Lessons From The Civil Rights Movement, Lewis Pitts

University of Florida Journal of Law & Public Policy

No abstract provided.

Inconsistent Levels Of Generality In The Characterization Of Unenumerated Fundamental Rights, John F. Basiak Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.

A Struggle Of Biblical Proportions: The Campaign To Enact The Workplace Religious Freedom Act Of 2003, Robert A. Caplen

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Funding The Free Exercise Clause, David M. Applegate

University of Florida Journal of Law & Public Policy

No abstract provided.

Bridging The Gaps: Cognitive Constraints On Corporate Control & Ethics Education, Michael B. Metzger

University of Florida Journal of Law & Public Policy

No abstract provided.

A Toothless Tiger In The Constitutional Jungle: The "Knock And Announce Rule" And The Sacred Castle Door, E. Martin Estrada

University of Florida Journal of Law & Public Policy

No abstract provided.

When Is An Invasion Of Privacy Unwarranted Under The Foia? An Analysis Of The Supreme Court's Sufficient Reason And Presumption Of Legitimacy Standards, Martin E. Halstuk

University of Florida Journal of Law & Public Policy

No abstract provided.

Legislative Term Limits And Professionalism: Examining The Obvious Link, Michelle S. Friedman

University of Florida Journal of Law & Public Policy

No abstract provided.

Entrapment By Numbers, Dru Stevenson

University of Florida Journal of Law & Public Policy

No abstract provided.

The Undocumented Worker: Fuller, Holmes, And The Bush Proposal Within Immigration And Labor Law Jurisprudence, Howard Goldfarb

University of Florida Journal of Law & Public Policy

No abstract provided.

Depriving Law Reform Of Its Potential? New Perspectives On The Public-Private Divide Law Commission Of Canada, Ed. (Vancouver: University Of British Columbia Press, 2003), Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

New Perspectives on the Public-Private Divide is the second installment in a new series, Legal Dimensions, sponsored by the Canadian Association of Law Teachers, the Canadian Law and Society Association, the Canadian Council of Law Deans and the Law Commission of Canada. The ambitions of this series are large: to "examine various issues of law reform form a multidisciplinary perspective [and]... to advance our knowledge about law and society through the analysis of fundamental aspects of law."

The focus on the public-private divide is an excellent choice for the Legal Dimensions Series for no matter how one conceptualizes the relationship, …

The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace

Seattle University Law Review

The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …

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 …

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

Nevada Law Journal

No abstract provided.

The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Kenneth Kress

ExpressO

Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …

Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller

ExpressO

Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law

University of San Diego Public Law and Legal Theory Research Paper Series

This paper argues that the expansion of the White House's role in judicial appointments since the late 1970s, at the expense of the Senate, has contributed to heightened levels of ideological conflict and gridlock over the appointment of federal appeals court judges, by making a cooperative equilibrium difficult to sustain. Presidents have greater electoral incentive to behave ideologically, and less incentive to cooperate with other players in the appointments process, than do senators, who are disciplined to a greater extent in their dealings with each other by the prospect of retaliation over repeat play. The possibility of divided government exacerbates …

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

The Tenuous Case For Conscience, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …

Income, Work And Freedom, Philip L. Harvey

ExpressO

The ability of public policies to secure the economic and social rights recognized in the Universal Declaration of Human Rights is proposed as a trumping supplement to the utility-maximization criterion of neo-classical welfare economics. Two progressive proposals for ending poverty and promoting personal development and freedom are then compared using this assessment criterion. The first proposal is that society guarantee everyone an unconditional basic income (BI) without imposing work requirements in exchange for the guarantee. The second proposal is that society use direct job creation to provide employment assurance (EA) for anyone who is unable to find decent work in …

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 Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright

University of Florida Journal of Law & Public Policy

No abstract provided.

Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur

University of Florida Journal of Law & Public Policy

No abstract provided.

Adoptive Families Headed By Gay Or Lesbian Parents: A Threat . . . Or Hidden Resource?, Scott D. Ryan, Scottye Cash

University of Florida Journal of Law & Public Policy

No abstract provided.

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Works

This article examines the lawyer’s role as a public citizen through the lens of the professional responsibility to provide pro bono legal services. It explores the evolution and implications of the American Bar Association’s Model Rule 6.1, which defines pro bono service as a professional obligation rather than a discretionary act of charity. The discussion traces the historical foundations of lawyers’ duties to serve the public, the ethical considerations debated by the ABA’s Ethics 2000 Commission, and the tension between voluntary and mandatory service. The article also highlights the practical role of law firms and professional organizations in fostering a …

A Dedication To Chesterfield H. Smith, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.

Dedication, Chesterfield H. Smith

University of Florida Journal of Law & Public Policy

No abstract provided.

Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

University of Florida Journal of Law & Public Policy

No abstract provided.

Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block

University of Florida Journal of Law & Public Policy

No abstract provided.