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Articles 181 - 210 of 344
Full-Text Articles in Law and Society
Is Chicago's Plan For Transformation Promoting Integration Or Reinforcing Segregation?, 41 J. Marshall L. Rev. 249 (2007), Joe O'Brien
UIC Law Review
No abstract provided.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
UIC Law Review
No abstract provided.
Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford
Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford
Michigan Journal of Gender & Law
Part I of this Article explores the general themes of third-wave feminist writings. The Article begins with an overview of third-wave feminist literature and its predominant concerns. These concerns are (1) dissatisfaction with earlier feminists; (2) the multiple nature of personal identity; (3) the joy of embracing traditional feminine appearance and attributes; (4) the centrality of sexual pleasure and sexual self-awareness; (5) the obstacles to economic empowerment; and (6) the social and cultural impact of media and technology. Textual analysis reveals third-wave feminists' reliance on non-legal tools for remedying gender inequality. Although third-wave feminists acknowledge the law's role in women's …
Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys , Larry D. Barnett
Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys , Larry D. Barnett
Cleveland State Law Review
From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by interalia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are symbols when the phenomena are socially significant. To illustrate symbols in law, the article examines (i) the "hold oneself out" standard in defining an investment adviser under the federal Investment Advisers Act and (ii) the standard for ethical conduct that requires attorneys to avoid appearances of impropriety. If symbolic concepts and principles are tied to the properties …
Keynote Address: We Must Take America Back, Robert F. Kennedy, Jr.
Keynote Address: We Must Take America Back, Robert F. Kennedy, Jr.
Elisabeth Haub School of Law Faculty Publications
I want to talk about what is happening in the United States, and the connection between the environment and democracy, and the corrosive impact of excessive corporate power and the impact to democracy everywhere. But particularly I want to focus on American democracy.
A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei
A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford
Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This article critically examines a growing body of non-legal writing by women who have proclaimed a third-wave of feminism and suggests the ways that legal theory might be enriched by this work. Scholars typically label the nineteenth-century woman suffrage movement as the first wave of feminism, and view the legal and social activism of the 1970s as the second wave of feminism. The third wave of feminism, with its intellectual origins in the response to the Clarence Thomas Senate confirmation hearings, is a reaction to the popular stereotype that feminists are humorless man-haters. Third-wave feminists proclaim their difference from second-wave …
Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg
Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg
Michigan Law Review First Impressions
The website of the Santa Ana, California-version of Pay-to-Stay uses hotelier-type verbiage in describing features of its alternative jail program. It tells us that the jail “is pleased to host a full range of alternatives to traditional incarceration”; it reassures prospective “clients” seeking flexible work/jail schedules (“Work on Saturday or Sunday? No problem, your weekend days are our weekend days.”); it guarantees “24-hour on-site medical staff”; it accommodates inmates near and far (“We have helped clients with sentences from other counties as well as other states.”); and it generally brags that the jail “is the most modern and comfortable facility …
Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey
Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey
Faculty Publications By Year
This article explores the depiction of interrogation in film and television from the 1940s to the present, and contrasts that imagery with the Supreme Court's interrogation jurisprudence over the same time frame. Although my treatment of the subject is necessarily only fragmentary (a comprehensive review of either topic would fill many volumes), this article hazards a few tentative hypotheses.
Faith In Community: Representing "Colored Town", Anthony V. Alfieri
Faith In Community: Representing "Colored Town", Anthony V. Alfieri
Articles
No abstract provided.
Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams
Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams
Faculty Scholarship
No abstract provided.
Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk
Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk
UIC Law Review
No abstract provided.
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Cardozo Journal of Conflict Resolution
In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.
Law And Heidegger’S Question Concerning Technology: Prolegomenon To Future Law Librarianship, Paul D. Callister
Law And Heidegger’S Question Concerning Technology: Prolegomenon To Future Law Librarianship, Paul D. Callister
Faculty Works
Following World War II, the German philosopher Martin Heidegger offered one of the most potent criticisms of technology and modern life. His nightmare is a world whose essence has been reduced to the functional equivalent of a giant gasoline station, an energy source for modern technology and industry. "This relation of man to the world [is] in principle a technical one . . . [It is] altogether alien to former ages and histories. For Heidegger, the problem is not technology itself, but the technical mode of thinking that has accompanied it." Such a viewpoint of the world is a useful …
The Constitution As Idea: Describing - Defining - Deciding In Kelo, Marc L. Roark
The Constitution As Idea: Describing - Defining - Deciding In Kelo, Marc L. Roark
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The First Cuban-Born President Of The Florida Bar Association: Spotlight Of Francisco Angones , Juan Fernandez-Barquin
The First Cuban-Born President Of The Florida Bar Association: Spotlight Of Francisco Angones , Juan Fernandez-Barquin
The Modern American
No abstract provided.
Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus
Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus
NYLS Law Review
No abstract provided.
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Articles
No abstract provided.
Challenges And Guidance For Lawyering In A Global Society The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Susan Saab Fortney
St. Mary's Law Journal
Abstract Forthcoming.
Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Colin P. Marks
St. Mary's Law Journal
Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
St. Mary's Law Journal
Conflicts of interest among clients present some of the most pervasive ethical problems lawyers face. In many instances the affected clients may consent to a conflict. Under the ABA Model Rules of Professional Conduct, for consent to be effective, it must be “informed” and must be “confirmed in writing.” Informed consent to such conflict is often referred to as a “waiver” of the conflict. Many law firms have begun seeking “general advance waivers” of conflicts of interest. The ethical rules did not deal with the issue of advance waiver until 2002. Both Model Rules and the Restatement of the Law …
The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland
The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland
St. Mary's Law Journal
The Texas Legislature has recently made changes to Chapter 245 of the Local Government Code giving vested rights greater protection than ever before. Owners and developers now have greater protections, however, there are many circumstances under which the application of the law is unclear. Chapter 245 governs the issuance of permits for local development. The greater protections provided by the amendments include: defining the filing date upon which rights vest as the date “fair notice” is given to the regulatory agency, establishing a certified mail date as prima facie proof of the application’s filing date, and providing substantive rules governing …
What Should We Celebrate On Constitution Day?, Alan E. Garfield
What Should We Celebrate On Constitution Day?, Alan E. Garfield
Georgia Law Review
Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …
Reflections On Hope, Erica J. Hashimoto
Reflections On Hope, Erica J. Hashimoto
Georgia Law Review
Fighting for a more just society-a society that treats all of its members with dignity and respect-calls for courage, passion, and vision. People with those qualities who choose to work in the public interest will discover the joy of having a "job" that many days is exhilarating and rewarding and often is just plain fun.' There will also, however, be difficult days. Surviving those days and sticking around for the next day's fight requires a somewhat irrational anti- cynicism in the face of overwhelming odds, a sentiment more commonly known as hope.
Hear Today, God Tomorrow?: To Be In But Not Of The Law With Moses, And Milner Ball, Aviam Soifer
Hear Today, God Tomorrow?: To Be In But Not Of The Law With Moses, And Milner Ball, Aviam Soifer
Georgia Law Review
It is increasingly clear, Milner once wrote, that "the external world keeps reflecting back what we bring to it." 5 He extends his emphasis on reciprocity between observer and observed from nature and language to the realm of faith. Those who seek to be observant only of settled rules or texts have missed the crucial roles of context, reciprocity, and change. In the Hebrew Bible, for example, Milner argues that Moses hears and speaks as "counsel for a situation" as someone whose word "does not return empty."6 Indeed, Moses is able to be "mouth for the people exactly because he …
The Word And The Law, James B. White
The Word And The Law, James B. White
Georgia Law Review
The Word and the Law is an extraordinary combination of law, personal statement, literary criticism, and theology. In a sense its central question is whether it is possible to have a life in the law that is good, and the answer is yes-yes, though not at all easy. I have often suggested it as reading to students who are worried about the profession they have chosen, and they frequently return to me with deep thanks for the introduction. Milner's commitment throughout is not to abstraction or theory or generalization, but to particular realities. Partly for this reason he begins the …
A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner
A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner
Georgia Law Review
For the past twenty years, during the first weekend in March, law students, law teachers, and public interest lawyers have gathered in the snowy woods of rural New Hampshire for a public interest retreat. The annual event is dedicated to the memory and legacy of Robert Cover, a beloved law professor, brilliant legal scholar, and committed social activist who died in 1986 at the age of forty-two. Robert Cover and Milner Ball were close friends and intellectual fellow travelers. They shared not only an academic interest in the inter-relationships between law, theology, and literature, but also a passionate commitment to …
Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner
Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner
Michigan Journal of Race and Law
This Article examines the Project Safe Neighborhoods program and considers whether its disproportionate application in urban, majority- African American cities (large and small) violates the guarantee of equal protection under the law. This Article will start with a description of the program and how it operates-the limited application to street-level criminal activity in predominately African American communities. Based on preliminary data showing that Project Safe Neighborhoods disproportionately impacts African Americans, the Article turns to an analysis of the applicable law. Most courts have analyzed Project Safe Neighborhoods' race-based challenges under selective prosecution case law, which requires a showing by the …
Gitano Legal Codes: Social Change, Ngo's, And External Legal Systems' Influence On Governance Of Spanish Roma Communities, Jennifer Hu Corriggio
Gitano Legal Codes: Social Change, Ngo's, And External Legal Systems' Influence On Governance Of Spanish Roma Communities, Jennifer Hu Corriggio
Michigan Journal of Race and Law
Gitanos are the Roma, otherwise known as Gypsies, of Spain that are predominantly concentrated in the southern province of Andaluda. Although the Roma are Europe's largest transnational minority, very little efforts have been made to understand their legal systems. Additionally, due to their long histories of oppression in Europe and internal legal codes that discourage sharing details of their legal systems with outsiders, their legal systems are particularly difficult to understand and for the most part, remain enigmatic and misunderstood. This Article analyzes the historical factors affecting the development of the Gitano legal system by using a horizontal axis metaphor, …