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Full-Text Articles in Law and Society

Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay Aug 2017

Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay

Research Collection Yong Pung How School Of Law

Purpose: Polanyi in his analysis of market dis-embedding suggests a drift in economic relations from the social to the fictitious. The purpose of this paper is to add two crucial components to the dis-embedding dynamic: rule of law discourse as a market force away from the social, and through suspension of imagination and of disbelief, the incongruous compatibility of actual and fictional markets that further works against embedding.Design/methodology/approach: Theory building through the application and testing of the Polanyian market dis-embedding analysis is a central concern for the paper. Through the example of foreign direct investment (FDI) and the manner in …


Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp Jul 2017

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are …


Revisiting Popular Action, Raúl Sánchez Gómez May 2017

Revisiting Popular Action, Raúl Sánchez Gómez

DePaul Journal for Social Justice

No abstract provided.


Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook May 2017

Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook

DePaul Journal for Social Justice

No abstract provided.


The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp May 2017

The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp

DePaul Journal for Social Justice

No abstract provided.


Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans, David Lempert May 2017

Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans, David Lempert

DePaul Journal for Social Justice

No abstract provided.


Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis May 2017

Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis

DePaul Journal for Social Justice

No abstract provided.


Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee May 2017

Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee

DePaul Journal for Social Justice

No abstract provided.


A Letter From The Editors, Depaul Journal For Social Justice Editorial Board May 2017

A Letter From The Editors, Depaul Journal For Social Justice Editorial Board

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents May 2017

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins Apr 2017

A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins

Lisa PytlikZillig Publications

This study examined a knowledge-centered theory of institutional trust development. In the context of trust in water regulatory institutions, the moderating impact of knowledge was tested to determine if there were longitudinal changes in the bases of institutional trust as a function of increases in knowledge about a target institution. We hypothesized that as people learn about an institution with which they were previously unfamiliar, they begin to form more nuanced perceptions, distinguishing the new institution from other institutions and relying less upon their generalized trust to estimate their trust in that institution. Prior to having specific, differential information about …


Poverty Is The New Crime, Michelle Jenkins Feb 2017

Poverty Is The New Crime, Michelle Jenkins

DePaul Journal for Social Justice

No abstract provided.


Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung Feb 2017

Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung

DePaul Journal for Social Justice

No abstract provided.


Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova Feb 2017

Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents Feb 2017

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Applying Motivational Interviewing To Parenting Act Mediation: The Promise Of The Process., Kristen M. Blankley, Lisa M. Pytlikzillig, Kathryn Speck Feb 2017

Applying Motivational Interviewing To Parenting Act Mediation: The Promise Of The Process., Kristen M. Blankley, Lisa M. Pytlikzillig, Kathryn Speck

Lisa PytlikZillig Publications

Motivational Interviewing (MI) is a research-based method of helping people engage in behavior change. MI tools and strategies have been used successfully to help people tackle drug and alcohol addiction, weight loss, and other unhealthy behaviors. MI methods aim to uncover and support a person's desire to change while simultaneously respecting an individual's autonomy. Historically, Ml has been employed in support settings, such as counselors working with clients. In Nebraska, probation officers now employ MI practices to help encourage positive changes while still maintaining accountability if people choose not to follow the terms of their probation.

Mediation is all about …


Rapid Analysis Of Forensic-Related Samples Using Two Ambient Ionization Techniques Coupled To High-Resolution Mass Spectrometers, Eshwar Jagerdeo, Amanda Wriston Jan 2017

Rapid Analysis Of Forensic-Related Samples Using Two Ambient Ionization Techniques Coupled To High-Resolution Mass Spectrometers, Eshwar Jagerdeo, Amanda Wriston

United States Department of Justice: Publications

RATIONALE: This paper highlights the versatility of interfacing two ambient ionization techniques, Laser Diode Thermal Desorption (LDTD) and Atmospheric Solids Analysis Probe (ASAP), to high-resolution mass spectrometers and demonstrate the method’s capability to rapidly generate high-quality data from multiple sample types with minimal, if any, sample preparation.

METHODS: For ASAP-MS analysis of solid and liquid samples, the material was transferred to a capillary surface before being introduced into the mass spectrometer. For LDTD-MS analysis, samples were solvent extracted, spotted in a 96-well plate, and the solvent was evaporated before being introduced into the mass spectrometer. All analyses were performed using …


Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House Jan 2017

Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House

Florida A & M University Law Review

This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …


Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017), Lillian M. Spiess Jan 2017

Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017), Lillian M. Spiess

UIC Law Review

No abstract provided.


Preventing "Going Dark": A Sober Analysis And Resonable Solution To Preserve Security In The Encryption Debate, Eric Manpearl Jan 2017

Preventing "Going Dark": A Sober Analysis And Resonable Solution To Preserve Security In The Encryption Debate, Eric Manpearl

University of Florida Journal of Law & Public Policy

No abstract provided.


Untilizing Florida's Stance On Domestic Violence Laws Regarding Same-Sex Couples As An Effective Model For National Uniformity, Sara Qureshi Jan 2017

Untilizing Florida's Stance On Domestic Violence Laws Regarding Same-Sex Couples As An Effective Model For National Uniformity, Sara Qureshi

University of Florida Journal of Law & Public Policy

No abstract provided.


Restorative Justice In The Context Of Intimate Partner Violence: Suggestions For Its Qualified Usage As Supplementary To The Criminal Justice System, Avila Stahlman Jan 2017

Restorative Justice In The Context Of Intimate Partner Violence: Suggestions For Its Qualified Usage As Supplementary To The Criminal Justice System, Avila Stahlman

University of Florida Journal of Law & Public Policy

No abstract provided.


A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis Jan 2017

A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis

Articles, Book Chapters, & Popular Press

Conscientious refusal to provide insured health care services is a significant point of controversy in Canada, especially in reproductive medicine and end-of-life care. Some provincial and territorial legislatures have developed legislation or regulations, and some professional regulatory bodies have developed policies or guidelines, to better reconcile tensions between health care professionals’ conscience and patients’ access to health care services. As other groups attempt to draft standards and as challenges to existing standards head to court, the fact that the meaning of “freedom of conscience” under the Canadian Charter of Rights and Freedoms is not yet settled will become ever more …


Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Gwendolyn Ross Jan 2017

Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and valuation of the different …


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman Jan 2017

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Articles & Chapters

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and non-public information through the lens of social science — namely, principles of trust.

Patent law’s “public use” bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows …


The Regulation Of Student Financial Aid: Who Bears What Costs Matters Most, Andrew B. Whitford, Janet S. Whitford Jan 2017

The Regulation Of Student Financial Aid: Who Bears What Costs Matters Most, Andrew B. Whitford, Janet S. Whitford

University of Florida Journal of Law & Public Policy

No abstract provided.


Analyzing Holographic Wills In The Digital Age: Should Florida's Antagonistic Stance Be Liberalized In Light Of Other Jurisdictions' Leniency?, Aubrey G. Smith Jan 2017

Analyzing Holographic Wills In The Digital Age: Should Florida's Antagonistic Stance Be Liberalized In Light Of Other Jurisdictions' Leniency?, Aubrey G. Smith

University of Florida Journal of Law & Public Policy

No abstract provided.


"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Moss Curtis Jan 2017

"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Moss Curtis

University of Florida Journal of Law & Public Policy

No abstract provided.


Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson Jan 2017

Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson

University of Florida Journal of Law & Public Policy

No abstract provided.


Reducing The Civil "Justice Gap" By Enhancing The Delivery Of Pro Bono Legal Assistance To Indigent Pro Se Litigants: A "Field" Assessment And Recommendations, Andrew H. Cohn Jan 2017

Reducing The Civil "Justice Gap" By Enhancing The Delivery Of Pro Bono Legal Assistance To Indigent Pro Se Litigants: A "Field" Assessment And Recommendations, Andrew H. Cohn

University of Florida Journal of Law & Public Policy

No abstract provided.