Law and Society Commons^™

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …

Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda Barnhart

Articles & Chapters

No abstract provided.

For Peter, With Love, John Henry Schlegel

Journal Articles

No abstract provided.

Human Dignity And American Employment Law, David C. Yamada

University of Richmond Law Review

No abstract provided.

Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf

Cardozo Journal of Conflict Resolution

This Note will first explore the popularity of Seinfeld and discuss the influence of Seinfeld on legal culture. Part III details cultivation theory and explores the possible influences Seinfeld may have in shaping its viewers' impressions of formal law. Specific instances in-which Seinfeld has ridiculed formal legal practices and offered social criticisms of the legal profession are analyzed in Part IV. Part V describes a specific episode of Seinfeld and illustrates the consequences of parties' refusal to reach mutually satisfactory resolutions, the need for mediation to resolve highly contentious disputes, and the inadequacy of the legal system to provide an …

Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey

Contributions to Books

Published in Progressive Lawyering, Globalization, and Markets: Rethinking Ideology and Strategy, Claire Dalton, ed.

The Guide For Future Preservation In Historic Districts Using A Creative Approach: Charleston, South Carolina's Contextual Approach To Historic Preservation, Hunter S. Edwards

University of Florida Journal of Law & Public Policy

No abstract provided.

Raid Of The Masses: How The Seizure Of Flds Children Supports Applying The Traditional Criminal Law Exigent Circumstances Exception In The Child Removal Context, Lorna Cobb

University of Florida Journal of Law & Public Policy

No abstract provided.

Denmark Energy Policy: Success In Achieving Energy Independence And Establishing An International Wind Energy Industry, Jeremy Mcbryan

University of Florida Journal of Law & Public Policy

No abstract provided.

Habeas Corpus: What The Closing Of Guantanamo Bay Means For Future Challenges To Executive Detention From Abroad, Jay A. Yagoda

University of Florida Journal of Law & Public Policy

No abstract provided.

Foreword, Nancy E. Dowd

University of Florida Journal of Law & Public Policy

No abstract provided.

Reflections On Loving And Children's Rights, Barbara Bennett Woodhouse, Kelly Reese

University of Florida Journal of Law & Public Policy

No abstract provided.

The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda

University of Florida Journal of Law & Public Policy

No abstract provided.

Collaborative Law: A New Tool For The Lawyer's Toolkit, Susan Daicoff

University of Florida Journal of Law & Public Policy

No abstract provided.

What's So Great About Sograt?: An Analysis Of The Ethical Issues Created By Tax Patents And A Patently Strict Dilemma, Jason Pill

University of Florida Journal of Law & Public Policy

No abstract provided.

Internet-Television, Peer-To-Peer Technology And Free Speech: Lessons From Web 1.0, Mark R. Caramanica

University of Florida Journal of Law & Public Policy

No abstract provided.

Stopping For Death: Re-Framing Our Perspective On The End Of Life, Ruth C. Stern, J. Herbie Difonzo

University of Florida Journal of Law & Public Policy

No abstract provided.

Personalizing First Amendment Jurisprudence: Shifting Audiences & Imagined Communities To Determine Message Protection In Obscenity, Fighting Words, And Defamation, Clay Calvert

University of Florida Journal of Law & Public Policy

No abstract provided.

The Father's Rights Movement, Law Reform, And The New Politics Of Fatherhood: Some Reflections On The Uk Experience, Richard S. Collier

University of Florida Journal of Law & Public Policy

No abstract provided.

Stare Decisis: Broadening The Scope Of The Judiciary's Power, Stacey Waldorf

University of Florida Journal of Law & Public Policy

No abstract provided.

The Cost Of A Countermeasure: The Expansive Liability Protection Of The Public Readiness And Emergency Preparedness Act Of 2005, Angela Marino

University of Florida Journal of Law & Public Policy

No abstract provided.

The Funny Thing About Mediation: A Rationale For The Use Of Humor In Mediation, Whitney Meers

Cardozo Journal of Conflict Resolution

This Note will show that, because of the lack of scholarly research addressing the use of humor in mediation, general perceptions about the legal profession, and current perceptions about the use of humor in mediation, some mediators shy away from using humor in their practice because they do not fully understand when to use it and how to embrace it. While there are significant risks to consider when assessing whether humor is appropriate for a particular mediation, this Note seeks to identify some of the benefits of using humor in practice. It offers a rationale for the use of humor …

Reflections On Recommendation 12, Naiomi Metallic

Reports & Public Policy Documents

This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.

The Burden Of Knowledge, Christian Turner

Scholarly Works

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 …

Understanding The New Virtualist Paradigm, Jonathon Penney

Articles, Book Chapters, & Popular Press

This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …

Extending Charter Benefits To Canada’S Poor, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

While the Canadian Charter of Rights and Freedoms has had a major impact on Canada’s political landscape in its first 25 years, its impact on social and economic rights has been minimal. The courts should assume a larger role in advancing the rights of the many Canadians living in poverty and despair.

Judges have traditionally regarded matters of social and economic policy as falling within the expertise of the legislative and executive branches of the state. The Charter has done little to dispel that view. The elected branches of the state must continue to play a major role, but the …

The Manitoba College Of Physicians And Surgeons Position Statement On Withholding And Withdrawal Of Life-Sustaining Treatment (2008): Three Problems And A Solution, Jocelyn Downie, Karen Mcewen

Articles, Book Chapters, & Popular Press

The College of Physicians and Surgeons of Manitoba (CPSM) recently issued a Statement on Withholding and Withdrawl of Life-Sustaining Treatment (2008). The College should be given enormous credit for trying to provide guidance with respect to physicians' obligations in an area of great confusion and controversy. Unfortunately, however, there are some very serious flaws in the Statement. In this paper, we describe three major problems with it that we believe make the case for the claim that the Statement must be revised. We then provide a revised statement that, if adopted, could represent significant progress as it would provide: greater …

Social And Economic Rights In Canada: What Are They And Who Can Best Protect Them?, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article examines the development and current status of positive social and economic rights in Canada. Exploring the comparative competence of legislatures, courts and human rights tribunals, Wayne MacKay suggests that courts should depart, with caution, from their traditional deferential role to legislators. Due to their flexibility and accessibility, HR Tribunals should supplement the role of the courts and legislatures in giving effect to social and economic rights, which should form part of a holistic package of human rights in Canada.

A Brief Reflection On The Problem Of Person-Altering Consequences, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Many social policies require substantial sacrifices by existing persons in order to benefit the yet-unborn members of future generations. There is a substantial consensus that we do have ethical obligations to consider the interests of those future persons in our decisions. However, the questions of whether we do in fact have such ethical obligations, and if so then how to properly balance those obligations with our obligations to existing persons, are greatly complicated by the often-overlooked "problem of person-altering consequences." This brief essay is intended to communicate to a broad readership the nature and scope of this problem and its …

Pregnancy Discrimination And Social Change: Evolving Consciousness About A Worker's Right To Job-Protected, Paid Leave, Patricia Shiu, Stephanie Wildman

Faculty Publications

This Article examines the change over the past few decades in U.S. law and societal attitudes concerning a worker's right to job-protected, paid leave. Though common around the world, job-protected, paid leave eludes the U.S. workforce. The authors begin by considering the concept of work, its relation to identity, and the construction of safety nets for workers when they need income replacement. The Article considers the movement to establish job-protected, paid leave that encompasses and values a worker's work, family, and personal life.

The modern movement originated with pregnant workers' need for time away from work during pregnancy. Women who …