Law and Society Commons^™

Separation Of Powers: The Judiciary's Limited Role In Reviewing The President's Detention Of Enemy Combatants, Carolyn M. Zegeer

University of Florida Journal of Law & Public Policy

No abstract provided.

Before Brown, After Brown: What Has Changed For African-American Children?, Vivian Gunn Morris, Curtis L. Morris

University of Florida Journal of Law & Public Policy

No abstract provided.

Brown At 50: School Desegregation From Reconstruction To Resegregation, Leland Ware

University of Florida Journal of Law & Public Policy

No abstract provided.

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.

Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr

Articles

Despite the depth and breadth of U.S. credit markets, low- and moderate-income communities and minority borrowers have not historically enjoyed full access to credit. The Community Reinvestment Act (CRA) was enacted in 1977 to help overcome barriers to credit that these groups faced. Scholars have long leveled numerous critiques against CRA as unnecessary, ineffectual, costly, and lawless. Many have argued that CRA should be eliminated. By contrast, I contend that market failures and discrimination justify governmental intervention and that CRA is a reasonable policy response to these problems. Using recent empirical evidence, I demonstrate that over the last decade CRA …

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan

Vanderbilt Journal of Transnational Law

In this Article, the Author argues that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider--in addition to Japan and Germany, two countries that are often touted as exemplars--the case of India. India gained its independence from the British in 1947, and soon thereafter many U.S. experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of a national Indian …

The First Marketable Product Doctrine: Just What Is The Product., Byron C. Keeling, Karolyn King Gillespie

St. Mary's Law Journal

Oil and gas leases normally do not set a fixed price for calculating royalty payments. Instead, oil and gas leases commonly tie royalty calculations to a more flexible yardstick, including “market value” or “net proceeds”. This flexibility allows the lease relationship to survive any dramatic volatility in oil and gas prices, while the same fixed price may be inadequate in shifting markets. Conversely, the flexibility may place lessors and lessees in a position of inherent conflict. In particular, parties vehemently disagree about the proper location for applying the yardstick. Historically, lessees have enjoyed the better side of the argument; though, …

Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans

Articles, Book Chapters, & Popular Press

The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …

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, …

Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Randy E. Barnett, Cass R. Sunstein

Georgetown Law Faculty Publications and Other Works

What made the Second Bill of Rights possible? Part of the answer lies in a simple idea, one pervasive in the American legal culture during Roosevelt's time: No one really opposes government intervention. Markets and wealth depend on government. Without government creating and protecting property rights, property itself cannot exist. Even the people who most loudly denounce government interference depend on it every day. Their own rights do not come from minimizing government but are a product of government. Political scientist Lester Ward vividly captured the point: "[T]hose who denounce state intervention are the ones who most frequently and successfully …

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

Limit Horizons & Critique: Seductions And Perils Of The Nation, Tayyab Mahmud

Faculty Articles

This essay introduces four contributions on nation and nationalism that form a cluster in the 2005 Annual Symposium of Latina/o Critical Legal Theory (LatCrit). It puts forward the concept of "limit horizons": the hegemonic ontological categories that so imprint the imaginary of an age the even critique remains imprisoned in the normalcy of these categories - an imprisonment that curtails the transformatory potential of critique. It is argued that the modern concept of the nation is such a limit horizon. Consequently, any critical engagement with the concept of the nation must concurrently be an exercise in self-critique to ensure that …

Citizen And Citizenship Within And Beyond The Nation, Tayyab Mahmud

Faculty Articles

This review essay deploys critical social theory and critical race theory to interrogate concepts of citizen and citizenship. It reviews three submissions to a Lationa/o Critical Legal Theory (LatCrit) Symposium. One explores the relationship between law, race, and nation-building. The second examines the relationship between race and citizenship through the prism of police round-up of undocumented workers in Arizona. The last located the question of citizenship and legal subjecthood beyond the traditional confines of the nation-state.

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Faculty Articles

This paper reevaluates Frankfurt School theory, and other cultural critiques, in an effort to bring a more sophisticated analysis to bear on popular culture depictions of law. It invokes the cultural critiques of the Birmingham School in order to assess the more subtle ideological content more often found in film. The focus is not only on how popular culture functions as a mechanism for communicating and reproducing ideologies, but also what this function is based on, a theoretical analysis that asks what images of law and legal justice one might expect to see in popular media. The article also assesses …

Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer

Faculty Articles

In this article, Professor Fischer outlines his experience in the admissions department at Georgetown University Law Center as well as other legal academic settings, and the perspective he gained with regard to women in the sphere of legal academia. The article outlines a careful reflection over the role of gender in these settings, in contrast with Lawrence Summer's perspective on innate gender differences.

Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse

Faculty Articles

This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.

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 Code For Corporate Citizenship: States Should Amend Statutes Governing Corporations And Enable Corporations To Be Good Citizens, Elisa Scalise

Seattle University Law Review

Corporations are important social actors. They are created by law and create products, services, jobs, and wealth upon which modem societies rely. Investments injected by corporations bring jobs, capital, and technology to communities, thereby raising living standards and creating derivative rights such as education, health and housing, and political freedoms. Modem corporations allow entrepreneurs to raise massive amounts of capital for large projects and research, which results in innovation and a wide range of products and services. However, these same corporations can also cause social harm. They are structured in such a way that it is possible for agents in …

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 …

Countering Kulturkampf Politics Through Critique And Justice Pedagogy, Charles R. Venator Santiago

Villanova Law Review (1956 - )

No abstract provided.