Law and Society Commons^™

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

ExpressO

No abstract provided.

Mixed Signals: Reconsidering The Political Economy Of Judicial Deference To Administrative Agencies, Matthew C. Stephenson

ExpressO

This paper investigates rational choice explanations for patterns of Supreme Court decision-making with respect to the appropriate level of judicial deference to administrative agency decisions. In particular, I assess empirically the thesis that the Supreme Court expands deference when the Supreme Court is ideologically closer to the executive than to the circuit courts, and contracts deference when the opposite is true. I find little to no evidence supporting this "rational choice" theory of judicial deference. Given this surprising null finding, I offer alternative explanations for the data and suggest directions for future research.

Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem

ExpressO

Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …

Conceptualizing The Right To Access To Technology, Morton J. Horwitz

Washington Law Review

Accepting that a wider distribution of access to technology is, like wider access to education in general, a social good that is usually to be applauded and promoted, my role is not to defend a broader access to technology but rather to suggest the ways in which an advocate might invoke legal categories and concepts in order to advance that goal. By focusing on legal categories, I should emphasize, I wish to slide past any general moral argument about the injustice of the overall distribution of wealth and how a more just distribution could most efficaciously solve many special problems …

Internet And The Justice System, Vincent G. Cerf

Washington Law Review

In this brief Essay, it is my intention to outline some of the implications of widespread access to and reliance on the Internet with respect to our American system of justice.

Technology, Values, And The Justice System: Introduction, Gerry Alexander

Washington Law Review

This conference will focus on the fact that whether we like it or not the new information and communication technologies, including the Internet, have begun to enter the justice system, will continue to do so, and will in many ways affect the system in the future. We in the judiciary and other legal fields have come to recognize that the current and future use of such technologies pose significant challenges and opportunities as we continue our quest to guarantee full and equal access to the justice system. Technology can provide increased pathways for access to justice, but it can also …

Potential Washington State General Court Rule: Access To Justice And Technology, Washington State Access To Justice Board

Washington Law Review

The Access to Justice Technology Principles appended to this Rule state the governing values, principles, and standards which shall guide the use of technology in the Washington State justice system. These Principles apply to all courts of law, clerks, and court administrators and to all other persons and parts of the Washington justice system under the rule-making authority of this Court. These Principles shall be considered with other governing law and court rules by the courts of the State of Washington in deciding the appropriate use of technology in the administration of the courts and the cases that come before …

Washington State Access To Justice Technology Principles, Washington State Access To Justice Board

Washington Law Review

This statement presumes a broad definition of access to justice, which includes the meaningful opportunity, directly or through other persons: (1) to assert a claim or defense and to create, enforce, modify, or discharge a legal obligation in any forum; (2) to acquire the procedural or other information necessary (a) to assert a claim or defense, or (b) to create, enforce, modify, or discharge an obligation in any forum, or (c) to otherwise improve the likelihood of a just result; (3) to participate in the conduct of proceedings as witness or juror; and (4) to acquire information about the activities …

Technology, Values, And The Justice System: The Evolution Of The Access To Justice Technology Bill Of Rights, Donald J. Horowitz

Washington Law Review

To transform these values into reality, the Washington State Supreme Court Order gave the ATJ Board the mission to promote and facilitate equal access to justice, and, among other tasks, to develop and implement policies and initiatives that enhance, improve, and strengthen access to justice. On November 2, 2000, the Court entered an Order which reauthorized the ATJ Board as a permanent body, charging it with responsibility to assure high quality access for all persons in Washington State who suffer disparate access barriers to the justice system. The Court gave the ATJ Board the specific task, among others, to "develop …

Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza

Washington Law Review

The Access to Justice Technology Bill of Rights project, sponsored by the Access to Justice Board of Washington State, included a committee composed of attorneys, judges, technologists, and librarians charged with envisioning an ideal civil justice system. Our goals were to design a system with certain core values (e.g., due process and access to justice), test the system using a complex family law scenario, determine what opportunities technology brings to the table, and identify what barriers technology creates for persons using the system. This Article describes an idealized civil justice system (System) unlike anything that presently exists. The System is …

A Thin Line Between Concurrence And Dissent: Rehabilitating Sex Offenders In The Wake Of Mckune V. Lile, Seth A. Grossman

Cardozo Law Review

No abstract provided.

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.

The New Moralizers: Transforming The Conservative Legal Agenda, David A. Super

Faculty Scholarship

The essential elements of a wide range of social policies can be described in terms of responses to three basic questions. First, what burdens must the innocent carry? Second, what burdens must the blameworthy bear? And third, how does society assess blame? This Essay examines the increasingly successful efforts of a faction of social conservatives, called here the new moralizers, to reshape the resolution of each of these three issues and with them a wide range of social policies. Although the relative importance of these three questions has varied over time, the twentieth century saw a movement away from costly …

The Quiet "Welfare" Revolution: Resurrecting The Food Stamp Program In The Wake Of The 1996 Welfare Law, David A. Super

Faculty Scholarship

Cash-assistance programs have long been a focus of both liberal and conservative efforts to make symbolic statements. In this regard, the 1966 dismantlement of federal entitlement to cash assistance was nothing new. Although the 1996 welfare law also made deep cuts to in-kind programs, such as food stamps, these programs had less symbolic significance and hence were less often the target of public attacks. This lower political profile gave the Food Stamp Program room to find positive ways to adapt to the key themes that drove the enactment of the 1996 welfare law. In the 1996 welfare law’s wake, the …

Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle

Center for LGBTQ Studies (CLAGS)

The problem of who I legally am in the world I live in has been vexatious throughout my adult life. Like other transsexual people worldwide, I face an inadequate legal framework in which to exist. Some of us live within states and nations that recognise the difficulties and attempt to provide a route way through the morass of problems that arise; others barely, if not at all, even acknowledge our being. We are simply 'not' within a world that only permits two sexes, only allows two forms of gender role, identity or expression. Always falling outside of the 'norm,' our …

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Articles

No abstract provided.

Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams

Faculty Articles and Other Publications

As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.

History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …

Can I Call Kimura Crazy?: Ethical Tensions In The Cultural Defense, Rashmi Goel

Sturm College of Law: Faculty Scholarship

Using the tragic case of Fumiko Kimura as a back drop, the author discusses the impact of culture on defendants and argues for a client-centered approach that considers the client beyond the walls of their legal issue. The author concludes her article with a discussion of legal ethics, advocating for a more well rounded vision of the client that includes both legal and cultural interests.

Virtual Worlds, Real Rules, Caroline Bradley, A. Michael Froomkin

Articles

No abstract provided.

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.

A Positive Right To Protection For Children, Tamar Ezer

Articles

Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …

Undated (2004), Cso Gap Analysis Of Ifc Proposed Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Undated (2004), Csos, Draft V1 Of Gaps Analysis, Ifc

IFC E&S Performance Standards

No abstract provided.

Editor's Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere

Sustainable Development Law & Policy

No abstract provided.

Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas

Sustainable Development Law & Policy

No abstract provided.

Free, Prior And Informed Consent And The World Bank Group, Robert Goodland

Sustainable Development Law & Policy

No abstract provided.

2004 (Undated), Notes Of D. Hunter Re Cao Case Updates, Cao

CAO General 1999-Present

No abstract provided.

Volume 4 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.