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Articles 361 - 390 of 406
Full-Text Articles in Law and Society
Religious Liberty And The Law, Stephen Wermiel
Religious Liberty And The Law, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Unnatural Selection: The Fundamentalist Crusade Against Evolution And The New Strategies To Discredit Darwin, Randall W. Hall
Unnatural Selection: The Fundamentalist Crusade Against Evolution And The New Strategies To Discredit Darwin, Randall W. Hall
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: The First Amendment's Effects On Congressional Efforts To Protect Minors From Obscenity On The Internet, Jonathan D. Wallace
Constitutional Law: The First Amendment's Effects On Congressional Efforts To Protect Minors From Obscenity On The Internet, Jonathan D. Wallace
University of Florida Journal of Law & Public Policy
No abstract provided.
Culture In Our Midst, Elaine M. Chiu
Culture In Our Midst, Elaine M. Chiu
University of Florida Journal of Law & Public Policy
No abstract provided.
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson
University of Florida Journal of Law & Public Policy
No abstract provided.
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
University of Florida Journal of Law & Public Policy
No abstract provided.
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
University of Florida Journal of Law & Public Policy
No abstract provided.
Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii
Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii
University of Florida Journal of Law & Public Policy
No abstract provided.
Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw
Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw
University of Florida Journal of Law & Public Policy
No abstract provided.
Military Law: Winds Of Change—Examining The Present-Day Propriety Of The Posse Comitatus Act After Hurrican Katrina, Jessica Debianchi
Military Law: Winds Of Change—Examining The Present-Day Propriety Of The Posse Comitatus Act After Hurrican Katrina, Jessica Debianchi
University of Florida Journal of Law & Public Policy
No abstract provided.
Justice O'Connor And The Rule Of Law, Eric J. Segall
Justice O'Connor And The Rule Of Law, Eric J. Segall
University of Florida Journal of Law & Public Policy
No abstract provided.
Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison
Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: Correlation Between Standards Of Evidence To The Nature And Magnitude Of Individuals' Rights At Stake, Fair C. Kim
University of Florida Journal of Law & Public Policy
No abstract provided.
The Legal Status Of Pregnant And Parenting Youth In Foster Care, Eve Stotland, Cynthia Godsoe
The Legal Status Of Pregnant And Parenting Youth In Foster Care, Eve Stotland, Cynthia Godsoe
University of Florida Journal of Law & Public Policy
No abstract provided.
Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim
Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim
University of Florida Journal of Law & Public Policy
No abstract provided.
Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel
Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel
University of Florida Journal of Law & Public Policy
No abstract provided.
The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum
The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong
Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong
St. Mary's Law Journal
Abstract Forthcoming.
Religious Discourse In The Public Square, David Blaikie, Diana Ginn
Religious Discourse In The Public Square, David Blaikie, Diana Ginn
Articles, Book Chapters, & Popular Press
Full, open, and civilized discourse among citizens is fundamental to the life of a liberal democracy. It seems trite to assert that no discourse should be prohibited or excluded simply because it is grounded in religious faith or employs religious beliefs to justify a particular position. Yet there are those who contend that it is improper for citizens to use religious arguments when debating or deciding issues in the public square, that metaphorical arena where issues of public policy are discussed and contested. In this article we challenge this position, examining the various arguments that are put forward for keeping …
Restoring The Lost Constitution, Not The Constitution In Exile, Randy E. Barnett
Restoring The Lost Constitution, Not The Constitution In Exile, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The Constitution we have now is redacted. Any practicing lawyer will tell you that you cannot go into court and argue the Ninth Amendment. You cannot go into court and argue the Privileges or Immunities Clause. Until United States v. Lopez you could not argue the Commerce Clause; after Gonzales v. Raich, it is not clear you can argue the Commerce Clause anymore. You cannot argue the Necessary and Proper Clause. You cannot argue the Republican Guarantee Clause. You cannot argue the Second Amendment outside the Fifth Circuit. Whole sections of the Constitution are now gone. This is the …
The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White
Research Collection Yong Pung How School Of Law
The question of whether corruption is antithetical to economic development has been extensively researched and debated since the 1960s. While nearly all participants in the debate appear to agree that corruption ultimately is antithetical to long-term economic development, the extent to which it positively or negatively affects economic development in the short term depends upon highly contextual factors. In different countries and regions of the world, factors of local culture and history, the nature of the state, the type of corruption and actors involved, and the political responses and motivations to curtail corruption all inform the answer to this question. …
The Law And Sociology Of Boilerplate, Todd D. Rakoff
The Law And Sociology Of Boilerplate, Todd D. Rakoff
Michigan Law Review
In my view, the scholarship presented at this symposium demonstrates that, in order to analyze form contracts and boilerplate successfully, one must carry out a set of operations that embodies an approach I will call law and sociology. But I presume I was invited to be a commentator at this conference on boilerplate not because the article I wrote on one branch of the subject awhile back exemplified this methodological approach, but because it took a rather strong substantive position. And so I think I ought first to say a brief word about that. The article in question concerned contracts …
Equal Protection Unmodified: Justice John Paul Stevens And The Case For Unmediated Constitutional Interpretation, Andrew Siegel
Equal Protection Unmodified: Justice John Paul Stevens And The Case For Unmediated Constitutional Interpretation, Andrew Siegel
Faculty Articles
In one of his first major writings on the United States Supreme Court, Justice John Paul Stevens famously argued that "[t]here is only one Equal Protection Clause." In the ensuing three decades, that quotation has become something of a battle cry for commentators critical of tiered equal protection review, many of whom not only seek to dismantle tiered equal protection scrutiny but also to replace it with an alternative (usually more complicated) doctrinal super-structure. This Article argues that his association with these commentators has partially obscured Justice Stevens's unique equal protection methodology. While he shares (indeed inspired) their critique of …
Postcoloniality And Mythologies Of Civil(Ized) Society, Tayyab Mahmud
Postcoloniality And Mythologies Of Civil(Ized) Society, Tayyab Mahmud
Faculty Articles
This article argues that the discourse of viability of civil society in postcolonial polities is theoretically ungrounded, and helps to further marginalize subordinated sections of these societies. These failings result from the imprisonment of dominant social theories in Eurocentric unilinear evolutionism, an imprisonment that blinds one from the particularities of supposedly universal categories that issue from Europe's experience of modernity. Furthermore, enthusiasm for civil society ignores the truncated colonial career of modernity and the nature of the postcolonial state. In order to substantiate these propositions, the paper traces the genealogy of the concept of civil society, examines the colonial career …
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Faculty Articles
The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.
Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue
Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue
All Faculty Publications
Periodic crises around the conduct of lawyers provoke moves in the direction of constituting the organized legal profession as a regulated industry, much like any other. Such proposals, whether for regulation through Legal Services Commissions or other structures, abruptly confront the historically embedded constitutional notion that liberty itself rests on the independence of the bar. This paper engages in a comparative review of the notion of an independent legal profession. Its particular focus is on widely agreed international standards and on the experience of Commonwealth countries and especially Australia, Canada, and the United Kingdom. The paper draws on literatures from …
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Faculty Scholarship
This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silenced, so their acts cannot be seen as subversive feminist gestures. Part III, however, arguest that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …
Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr
Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr
Articles
The Community Reinvestment Act (CRA) has helped to revitalize low- and moderate-income communities and provided expanded opportunities for low- and moderate-income households. Recent regulatory steps aimed at alleviating burdens on banks and thrifts are unwarranted, and may diminish small business lending as well as community development investments and services. This policy brief explains the rationale for CRA, demonstrates its effectiveness, and argues that the recent regulatory proposals should be withdrawn or significantly modified.
Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko
Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko
Articles
Recently, researchers have begun to examine the financial service patterns of low- and moderate-income households. These behaviors are of interest because high cost financial services, barriers to saving, the lack of insurance, and credit constraints contribute to poverty and other socioeconomic conditions . Many low- and moderate-income households use alternative financial service (AFS) providers, such as check cashers, for their financial services needs. Tax preparation firms are among the important financial service providers in the lives of low-income households. Such firms help households navigate the complicated process of filing their taxes, and many low-income households obtain sizeable tax refunds. At …
Forum, Donald J. Herzog
Forum, Donald J. Herzog
Reviews
Psst: here’s my secret wry suspicion. Political theorists are allergic to facts. They feel entitled to firm beliefs—about state-building, modernization, the rise of the bourgeoisie, you name it—because they’ve read some fancy theory books. So a lot of theory reads like a conceptual shell game, with various intoxicating abstractions shuffled about. I’m enough of a vulgar pragmatist to think that theory isn’t what you get when you leave out the facts. So I found Wahrman’s Making of the Modern Self sheer joy, from start to finish. The bottom line first: this is a mustread across the humanities and humanistic social …