Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (58)
- Environmental Law (55)
- State and Local Government Law (48)
- Law and Politics (47)
- Social and Behavioral Sciences (47)
-
- Health Law and Policy (37)
- Jurisprudence (37)
- Administrative Law (36)
- Legal History (35)
- Public Law and Legal Theory (35)
- Immigration Law (34)
- Civil Rights and Discrimination (30)
- Public Affairs, Public Policy and Public Administration (29)
- Environmental Sciences (28)
- Physical Sciences and Mathematics (28)
- Energy Policy (27)
- Energy and Utilities Law (27)
- Environmental Policy (27)
- Sustainability (27)
- Criminal Law (25)
- Land Use Law (25)
- Water Law (25)
- Animal Law (24)
- Environmental Health and Protection (24)
- Legal Profession (24)
- Natural Resources Law (24)
- Natural Resources Management and Policy (24)
- Natural Resources and Conservation (24)
- Institution
-
- New York Law School (33)
- University of Colorado Law School (29)
- University of Florida Levin College of Law (24)
- St. Mary's University (22)
- Yeshiva University, Cardozo School of Law (22)
-
- University at Buffalo School of Law (20)
- Association of American Law Schools (19)
- University of Michigan Law School (8)
- Cornell University Law School (7)
- University of Richmond (7)
- American University Washington College of Law (6)
- Seattle University School of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- University of Connecticut (5)
- University of North Florida (5)
- Maurer School of Law: Indiana University (4)
- Pace University (4)
- Schulich School of Law, Dalhousie University (4)
- Singapore Management University (4)
- St. John's University School of Law (4)
- University of Miami Law School (4)
- Villanova University Charles Widger School of Law (4)
- Columbia Law School (3)
- Duke Law (3)
- Florida International University College of Law (3)
- Florida State University College of Law (3)
- Georgetown University Law Center (3)
- UIC School of Law (3)
- Cleveland State University (2)
- Roger Williams University (2)
- Keyword
-
- West (23)
- Western water law (21)
- Landscapes (20)
- American West (19)
- Resources (19)
-
- Water (19)
- Western water policy (19)
- Colorado (13)
- St. Mary’s Law Journal (12)
- St. Mary’s University School of Law (12)
- Climate change (11)
- Law and Society (10)
- Corporation Counsel (8)
- United States (8)
- Wyoming (8)
- Arizona (7)
- California (7)
- Global warming (7)
- Law (7)
- Law Department (7)
- New Mexico (7)
- Water quality (7)
- New York City (6)
- Sustainability (6)
- Water law (6)
- Water managers (6)
- Water policy (6)
- Water resource management (6)
- Water resources management (6)
- Water rights (6)
- Publication
-
- NYLS Law Review (33)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- St. Mary's Law Journal (22)
- University of Florida Journal of Law & Public Policy (21)
- Journal of Legal Education (19)
-
- Faculty Scholarship (13)
- Cardozo Law Review (12)
- Buffalo Law Review (10)
- Faculty Publications (8)
- Faculty Articles (6)
- Journal Articles (6)
- University of Richmond Law Review (6)
- Articles (5)
- Cornell Law Faculty Publications (5)
- Faculty Articles and Papers (5)
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (5)
- University of Maryland Law Journal of Race, Religion, Gender and Class (5)
- Articles, Book Chapters, & Popular Press (4)
- CEES: The Center for Energy & Environmental Security [Newsletter] (2008) (4)
- Cardozo Journal of Conflict Resolution (4)
- Research Collection Yong Pung How School Of Law (4)
- Articles by Maurer Faculty (3)
- Cardozo Journal of Equal Rights & Social Justice (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Scholarly Articles in Law Reviews & Journals (3)
- Scholarly Publications (3)
- The Modern American (3)
- UF Law Faculty Publications (3)
- UIC Law Review (3)
- Publication Type
Articles 121 - 150 of 302
Full-Text Articles in Law and Society
Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler
Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler
Faculty Working Papers
In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay …
Taking Responsibility, Robert M. Ackerman
Taking Responsibility, Robert M. Ackerman
Law Faculty Research Publications
Communitarians have suggested that a balance must be struck between individual rights and the public welfare, and that our self-seeking tendencies must sometimes be set aside in pursuit of the common good. Government is often (although not always) the mechanism through which common interests are advanced. An abdication of government responsibility may result in disaster, as was the case with respect to Hurricane Katrina and its aftermath. At the other extreme, the accumulation of too much power in government can also bring about catastrophic consequences, as in the case of the 1986 Chernobyl nuclear plant disaster in the Soviet Union. …
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Faculty Publications
This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …
Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo
Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Indigenous Rights To Traditional Knowledge And Cultural Expressions: Implementing The Millennium Development Goals, Valerie J. Phillips
Indigenous Rights To Traditional Knowledge And Cultural Expressions: Implementing The Millennium Development Goals, Valerie J. Phillips
Intercultural Human Rights Law Review
"Indigenous Rights to Traditional Knowledge and Cultural Expressions: Implementing The Millenium Development Goals" Reflections on Intellectual Property, Traditional Knowledge and Cultural Expressions by Valerie J. Phillips, Assistant Professor of Law at University of Tulsa College of Law.
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
Office for Policy Studies on Violence Against Women Publications
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …
(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri
(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri
Articles
No abstract provided.
Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison
Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison
Water Matters!
State Senator Carlos Cisneros links New Mexico’s past, present and future.
Letter From The Executive Board, The Modern American
Letter From The Executive Board, The Modern American
The Modern American
No abstract provided.
Volume 4, Issue 2, The Modern American
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
UIC Law Review
No abstract provided.
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
UIC Law Review
No abstract provided.
Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall
UIC Law Review
No abstract provided.
"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis
"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis
Michigan Journal of Gender & Law
Part I of this Article defines intersexuality and highlights the legal and societal complications that occur when the concept of the fixed male-female gender binary is challenged. Part II describes the unique role of the hijras in India, who are both revered and discriminated against, and suggests that India is beginning to legally recognize a third gender through the grassroots advocacy of the hijras. Part III contrasts the experience of intersexed individuals in the United States by describing the current protocol to deal with the "medical emergency" of the birth of an intersexed child. This section forecasts legal issues facing …
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
Losing Ground: Nation On Edge, John R. Nolon
Losing Ground: Nation On Edge, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The primary objective of our book is to refocus attention on the mitigation element of this enduring debate. The chapters in this edited volume grow out of our multiyear program entitled Nation on Edge. The purpose of this program was to draw together leading scholars and practitioners in a collective conversation on the subject of disaster mitigation; that is, on questions of how government can better manage private and public decisionmaking and can more effectively regulate the use of private property in order to curtail damage from inevitable disasters. Our book stands alongside the expanding collection of government reports, essays, …
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.
A Quest For Acceptance: The Real Id Act And The Need For Comprehensive Gender Recognition Legislation In The United States, Jason Allen
Michigan Journal of Gender & Law
This Article maintains that the Real ID Act highlights the need for U.S. federal gender recognition legislation in the mold of the GRA. Part II offers background into the psychology of transgender people, explaining how the medical community views and treats this "condition." Part III illustrates the fundamental value of gender recognition rights and examines the inadequacy of U.S. statutory and case law. This discussion then traces the evolution of the GRA in the United Kingdom as the culmination of a mandate from the European Court of Human Rights (ECHR). Part IV argues that the United States should adopt a …
Prosecuting The Jena Six, Anthony V. Alfieri
Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram
Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram
Faculty Scholarship
No abstract provided.
Litigation Financing: Another Subprime Industry That Has A Place In The United States Market, Susan Lorde Martin
Litigation Financing: Another Subprime Industry That Has A Place In The United States Market, Susan Lorde Martin
Villanova Law Review (1956 - )
No abstract provided.
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
NYLS Law Review
No abstract provided.
Spotlights: Mayda Colon Tsaknis, The Honorable Jeannie J. Hong, And Jennifer Maree, Sabrina Khan
Spotlights: Mayda Colon Tsaknis, The Honorable Jeannie J. Hong, And Jennifer Maree, Sabrina Khan
The Modern American
No abstract provided.
The Psychic Life Of Denial, Susan Derwin
The Psychic Life Of Denial, Susan Derwin
Cardozo Journal of Conflict Resolution
Holocaust deniers have an investment in taking a defensive stance. Theodor Adorno noted that to haggle about how many millions of innocent people were murdered in the Holocaust is degrading. Haggling about numbers is central to holocaust denial. Deborah Lipstadt's investigation of the nuances and varieties of deniers' claims across cultures makes it evident that, whatever their political or ideological objectives, deniers undertake their haggling in response to what they perceive to be an aggressive manipulation of history. Deniers charge that the manipulators are the Jews, who have inflated the number of Jewish deaths during World War II to garner …
The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake
The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake
St. Mary's Law Journal
Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …
Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte
Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte
St. Mary's Law Journal
In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …
A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham
A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham
St. Mary's Law Journal
The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …
The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman
St. Mary's Law Journal
Abstract Forthcoming.
Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup
Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup
Georgia Law Review
Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …
The Burden Of Knowledge, Christian Turner
The Burden Of Knowledge, Christian Turner
Georgia Law Review
Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …