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Articles 301 - 330 of 431
Full-Text Articles in Law and Society
Taking Interdependence And Production More Seriously: Toward Mutual Rationality And A More Useful Law And Economics, Kenneth M. Casebeer, Charles J. Whalen
Taking Interdependence And Production More Seriously: Toward Mutual Rationality And A More Useful Law And Economics, Kenneth M. Casebeer, Charles J. Whalen
University of Miami Law Review
No abstract provided.
Indecency, A La Carte, And The Fcc's Approval Of The Sirius Xm Satellite Radio Merger: How The Fcc Indirectly Regulated Indecent Content On Satellite Radio At The Expense Of The "Public Interest", Elizabeth A. Pike
University of Miami Business Law Review
No abstract provided.
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Articles
Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …
Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri
Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri
Articles
No abstract provided.
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Articles
No abstract provided.
The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby
The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby
Articles
No abstract provided.
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Articles
No abstract provided.
The Geometry Of Inside And Outside, David Abraham
The Geometry Of Inside And Outside, David Abraham
Articles
These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer
Articles
No abstract provided.
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Articles
No abstract provided.
Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave
Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave
Articles
No abstract provided.
No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton
No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton
Articles
No abstract provided.
Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James
Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James
Articles
No abstract provided.
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
Articles
No abstract provided.
Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin
Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin
Articles
State invocations of God are common in the United States; indeed, the national motto is "In God We Trust." Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other examples of what is termed ceremonial deism constitutional on the ground that the practices are longstanding, have de minimis and nonsectarian religious content, and achieve a secular goal. Therefore, they conclude, a reasonable person would not think that the state was endorsing religion.
But would all reasonable people reach this conclusion? This Article examines the "reasonable person" at the …
Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona
Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona
Articles
No abstract provided.
The Truth About Haiti, Irwin P. Stotzky
Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton
Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton
Articles
No abstract provided.
The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas
The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas
Articles
No abstract provided.
Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri
Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona
Articles
No abstract provided.
Building The Bottom Up From The Top Down, A. Michael Froomkin
Building The Bottom Up From The Top Down, A. Michael Froomkin
Articles
"Bottom up" governance. "Self-organization." These are among the most talismanic virtue-words of modern political discourse. Yet the reality is that in politics, "self-organization" is rare, being hard to initiate and even harder to sustain. As Oscar Wilde once complained about socialism, it "requires too many evenings." Governance as we tend to know it depends primarily on hierarchical institutions, or on close coordination within small groups. True partnerships, conversations among engaged equals, do not seem to scale. Indeed, whether one believes the fundamental problem to be something about the economics of group formation, the iron law of oligarchy, or something in …
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Articles
No abstract provided.
Toward A Broadband Public Interest Standard, Anthony E. Varona
Toward A Broadband Public Interest Standard, Anthony E. Varona
Articles
No abstract provided.
Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri
Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri
Articles
This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the …
Only Yesterday: The Rise And Fall Of Twentieth Century Sexual Psychopath Laws, Tamara Rice Lave
Only Yesterday: The Rise And Fall Of Twentieth Century Sexual Psychopath Laws, Tamara Rice Lave
Articles
No abstract provided.
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
Articles
No abstract provided.
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
Articles
No abstract provided.