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Articles 121 - 150 of 192
Full-Text Articles in Law and Society
Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga
Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga
LLM Theses
The author examines three aspects of dispute resolution involving cases of physical and sexual abuse in institutions and other environments. She focuses on judicial and alternative processes that deal with identity formation, empowerment and monetary compensation. She argues that sexual abuse and physical abuse create specific harms to the identity and power of abused persons. These harms should be addressed through a process that can allow for identity-formation and re-configuration of the power relationship between the parties. The author concludes that judicial processes recognize identity formation that occurs outside the legal arena, and are capable of recognizing the power of …
The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner
The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner
Cardozo Journal of Equal Rights & Social Justice
The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.
Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown
Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown
St. Mary's Law Journal
Historically, Texas plaintiffs enjoyed tremendous flexibility in gaining certification for class action lawsuits because of a liberal approach employed by Texas trial courts. Because certification assignment occurred early in the judicial proceedings, Texas case law encouraged trial courts to grant certification of a class. Putative classes chose to seek relief in state court because of the state’s lax view regarding class actions, particularly when compared to federal courts. Concerns arose throughout Texas about the growing liberal methodology courts used to evaluate putative classes during certification. Federal influence, state lobbies, and legislative pressure led the Texas judiciary, through application of the …
Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen
St. Mary's Law Journal
Community notification of a sex offender’s presence may be violating the Eighth Amendment’s protection from Cruel and Unusual Punishment. Under Megan’s Law and other sex offender registration statutes, individuals that have completed a prison sentence for a sex crime may have to register as a sex offender. The information of the individual including his name, address, physical description, date of birth, social security number, employer, offense, and picture, is publicly disseminated. As an unintended consequence, individuals who have served their time may have to suffer additional punishment in the form of harassment, vigilantism, and violence.
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
St. Mary's Law Journal
Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …
Lawyer And Public Service, The Historical Perspectives On Pro Bono Lawyering, Russell G. Pearce
Lawyer And Public Service, The Historical Perspectives On Pro Bono Lawyering, Russell G. Pearce
Faculty Scholarship
Historically, the first way of viewing the lawyer's role was as a member of America's governing class. Second came cause lawyering on behalf of a particular issue. Third, and most recently, arose the idea of pro bono lawyering, a less ambitious incarnation of the governing class lawyer who contributes time to helping cause lawyers. These categories are not rigid: for each individual they may overlap to one degree or another. This framework is preliminary and requires further research and development. Nonetheless, it provides a useful tool for explaining how lawyers-and in particular the heroic lawyers described in this symposium-connect to …
Joseph In Lawyerland, Robin West
Joseph In Lawyerland, Robin West
Georgetown Law Faculty Publications and Other Works
As Alice wanders through Wonderland in an unreal space in real time-a dream-learning backward truths from illogical creatures who speak in paradoxes, so Joseph figuratively wanders through lawyerland in an unreal time, but in a very real space-Manhattan-conversing with his thinly fictionalized friends, all of whom happen to be lawyers, about their lives and practices in law. As Joseph's lawyers talk with him about the law they practice, they uncover, through White Rabbit and Cheshire Cat-like illogical precision, a chaotic, unkempt, unconscionably reckless, often cruel, and sometimes pathological legal wilderness. The legal terrain these lawyers occupy is not an inviting …
Reconstructing The Rule Of Law, Robin West
Reconstructing The Rule Of Law, Robin West
Georgetown Law Faculty Publications and Other Works
The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.
Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico
Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico
Articles & Chapters
This guide to the Community Reinvestment Act (CRA) is designed to provide community advocates with the basic information and skills they need to challenge bank redlining and promote economic development in their neighborhoods. The Guide includes four sections: the legal structure of the CRA; important information about banks and how to get it; analyzing a bank's CRA records, and participating in the CRA enforcement process.
Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger
Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David M. Engel, Frank W. Munger
Journal Articles
No abstract provided.
Why Retire The Feminization Of Poverty Construct?, Athena D. Mutua
Why Retire The Feminization Of Poverty Construct?, Athena D. Mutua
Journal Articles
The "feminization of poverty" concept should be retired, if it has not already been so. It should be retired, even though the concept has been extremely powerful as a discursive construct. In a phrase, the idea captured a seemingly universal phenomenon, inspired theoretical research into the nexus between women and poverty, and summoned coalitions of women by marking an agenda for, and among, women across the boundaries of race, ethnicity, and nationality. In short, it has been a war cry, demanding and framing analyses of women's poverty, and justifying and inspiring women's collective action. Nevertheless, the feminization of poverty construct …
Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson
Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson
Cornell Law Faculty Publications
Under Simmons v. South Carolina, a capital defendant who, if not sentenced to death, will remain in prison with no chance of parole is constitutionally entitled to an instruction informing the jury of the fact, but only if the prosecution engages in conduct that places the defendant's future dangerousness "at issue." Based on data collected from interviews with South Carolina capital jurors, Professors Blume, Garvey and Johnson argue that future dangerousness is on the minds of most capital jurors, and is thus "at issue" in virtually all capital trials, regardless of the prosecution's conduct. Accordingly, the authors argue that …
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Michigan Journal of Race and Law
This Case Note presents the facts of Montero-Camargo, describes the decision of the Ninth Circuit Court in historical context, and analyzes the effect of the Court's holding. The Case Note argues that while the Ninth Circuit's decision to prohibit the use of race as a factor in determining the reasonableness calculus in traffic stops is progressive in spirit, implementing the decision will be difficult. Thus far, mechanisms designed to limit officers' use of race in traffic stops have been ineffective and have left victims with little recourse, resulting in a disproportionate number of innocent African American and Latino drivers …
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
Michigan Journal of Race and Law
This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.
Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo
Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo
University of Florida Journal of Law & Public Policy
No abstract provided.
The Ups And Downs Of Growth Management In Florida, James C. Nicholas
The Ups And Downs Of Growth Management In Florida, James C. Nicholas
University of Florida Journal of Law & Public Policy
No abstract provided.
Reforming Growth Management In The 21st Century: The Metropolitan Imperative, Douglas R. Porter
Reforming Growth Management In The 21st Century: The Metropolitan Imperative, Douglas R. Porter
University of Florida Journal of Law & Public Policy
No abstract provided.
A Calll To Revitalize The Heart Of Nepa: The Alternatives Analysis, Kelly Wittorff
A Calll To Revitalize The Heart Of Nepa: The Alternatives Analysis, Kelly Wittorff
University of Florida Journal of Law & Public Policy
No abstract provided.
In Defense Of Two Supreme Courts, Barry Richard
In Defense Of Two Supreme Courts, Barry Richard
University of Florida Journal of Law & Public Policy
No abstract provided.
A Look Back—One Lawyer's View, W. Dexter Douglass
A Look Back—One Lawyer's View, W. Dexter Douglass
University of Florida Journal of Law & Public Policy
No abstract provided.
The History And Future Of Bush V. Gore, Mark Tushnet
The History And Future Of Bush V. Gore, Mark Tushnet
University of Florida Journal of Law & Public Policy
No abstract provided.
Who's Responsible For A Tainted Ballot?, Tom Fiedler
Who's Responsible For A Tainted Ballot?, Tom Fiedler
University of Florida Journal of Law & Public Policy
No abstract provided.
Reforms In Florida After The 2000 Presidential Election, Jon Mills
Reforms In Florida After The 2000 Presidential Election, Jon Mills
University of Florida Journal of Law & Public Policy
No abstract provided.
A Vote Of Confidence? Florida's Public Records Law And The 2000 Presidential Election Recounts: Could It Happen In Any Other State?, Sandra Ferguson Chance, Colleen Connolly-Ahern
A Vote Of Confidence? Florida's Public Records Law And The 2000 Presidential Election Recounts: Could It Happen In Any Other State?, Sandra Ferguson Chance, Colleen Connolly-Ahern
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutionality, Legitaimacy And Political Participation: A Look At First-Time Voters In 2000, Terri Susan Fine
Constitutionality, Legitaimacy And Political Participation: A Look At First-Time Voters In 2000, Terri Susan Fine
University of Florida Journal of Law & Public Policy
No abstract provided.
Florida's Sunshine Law: The Undecided Legal Issue, Peter H. Seed
Florida's Sunshine Law: The Undecided Legal Issue, Peter H. Seed
University of Florida Journal of Law & Public Policy
No abstract provided.
Collective Bargaining In The Elite Professions—Doctors' Application Of The Labor Law Model To Negotiations With Health Care Providers, Tracey I. Levy
Collective Bargaining In The Elite Professions—Doctors' Application Of The Labor Law Model To Negotiations With Health Care Providers, Tracey I. Levy
University of Florida Journal of Law & Public Policy
No abstract provided.
The Patentability Of Embryonic Stem Cell Research Results, Damon J. Whitaker
The Patentability Of Embryonic Stem Cell Research Results, Damon J. Whitaker
University of Florida Journal of Law & Public Policy
No abstract provided.
Concurrency, Concurrency Alternatives, Infrastructure, Planning And Regional Solution Issues, Ronald L. Weaver
Concurrency, Concurrency Alternatives, Infrastructure, Planning And Regional Solution Issues, Ronald L. Weaver
University of Florida Journal of Law & Public Policy
No abstract provided.