Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (40)
- Criminal Law (32)
- Health Law and Policy (30)
- Jurisprudence (30)
- Legal Ethics and Professional Responsibility (29)
-
- Environmental Law (28)
- Legal Profession (28)
- State and Local Government Law (28)
- Business Organizations Law (22)
- Public Law and Legal Theory (22)
- Civil Rights and Discrimination (21)
- Immigration Law (21)
- Contracts (20)
- International Law (20)
- Law and Politics (19)
- Agency (18)
- Family Law (18)
- Law and Economics (18)
- Criminal Procedure (17)
- Oil, Gas, and Mineral Law (17)
- Law and Gender (16)
- Military, War, and Peace (16)
- Social and Behavioral Sciences (16)
- Courts (15)
- Intellectual Property Law (15)
- Legal History (15)
- Legal Remedies (15)
- Legislation (15)
- Institution
-
- Seattle University School of Law (26)
- St. Mary's University (22)
- University of Florida Levin College of Law (19)
- University of Michigan Law School (18)
- New York Law School (17)
-
- Yeshiva University, Cardozo School of Law (17)
- American University Washington College of Law (13)
- University of Miami Law School (12)
- The Peter A. Allard School of Law (10)
- Pace University (7)
- UIC School of Law (7)
- University of Richmond (7)
- Columbia Law School (6)
- University of Connecticut (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University at Buffalo School of Law (5)
- Boston University School of Law (4)
- Cornell University Law School (4)
- Georgetown University Law Center (4)
- University of Arkansas Little Rock (4)
- University of Georgia School of Law (4)
- Duke Law (3)
- Northwestern Pritzker School of Law (3)
- St. Thomas University College of Law (3)
- University of Arkansas, Fayetteville (3)
- Barry University School of Law (2)
- Chicago-Kent College of Law (2)
- Georgia State University College of Law (2)
- Roger Williams University (2)
- Schulich School of Law, Dalhousie University (2)
- Keyword
-
- St. Mary’s University School of Law (20)
- Corporations (18)
- Corporate Law (17)
- Investment (17)
- Public Corporations (17)
-
- Coase (16)
- Theory of the Firm (16)
- St. Mary’s Law Journal (11)
- Criminal Justice (9)
- Human rights (8)
- St. Mary’s Journal on Legal Malpractice & Ethics (8)
- Washington (8)
- Law and Society (7)
- Racial Bias (7)
- Task Force (7)
- Task Force on Race and the Criminal Justice System (7)
- Poverty (6)
- Constitutional law (5)
- Culture (5)
- Democracy (5)
- Internet (5)
- Jurisprudence (5)
- Law (5)
- Settlement (5)
- Children (4)
- Constitution (4)
- Copyright (4)
- Criminal justice (4)
- Discrimination (4)
- Due process (4)
- Publication
-
- Seattle University Law Review (25)
- Faculty Scholarship (19)
- Articles (18)
- NYLS Law Review (16)
- University of Florida Journal of Law & Public Policy (16)
-
- St. Mary's Law Journal (14)
- Cardozo Law Review (12)
- Canadian Journal of Family Law (10)
- Scholarly Works (8)
- St. Mary's Journal on Legal Malpractice & Ethics (8)
- University of Richmond Law Review (7)
- Michigan Law Review (6)
- Scholarly Articles in Law Reviews & Journals (5)
- UIC Law Review (5)
- Cornell Law Faculty Publications (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Sustainable Development Law & Policy (4)
- Connecticut Public Interest Law Journal (3)
- Faculty Articles and Papers (3)
- Faculty Working Papers (3)
- Journal of Food Law & Policy (3)
- Law Faculty Scholarship (3)
- Pace Law Review (3)
- UF Law Faculty Publications (3)
- University of Arkansas at Little Rock Law Review (3)
- Akron Law Faculty Publications (2)
- All Faculty Scholarship (2)
- Association for the Study of Law, Culture, & the Humanities 14th Annual Conference (2)
- Buffalo Public Interest Law Journal (2)
- Publication Type
Articles 121 - 150 of 286
Full-Text Articles in Law and Society
Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri
Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri
Articles
No abstract provided.
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Articles
No abstract provided.
Governance: Structuring Our Future, Peter J. Hammer
Governance: Structuring Our Future, Peter J. Hammer
Law Faculty Research Publications
No abstract provided.
Recognizing Rape As Torture: The Evolution Of Women's Rights Legal Protective Techniques, Iveta Cherneva
Recognizing Rape As Torture: The Evolution Of Women's Rights Legal Protective Techniques, Iveta Cherneva
Intercultural Human Rights Law Review
When thinking about torture, the image coming to mind is that of a detainee held by state authorities for purposes of information extraction. The newspapers' photo images of Abu Graib detainees and sharp-teeth dogs are inevitably recalled. The present article examines a different angle with regard to the legal conceptualization of torture as a violation of international human rights law. The 2008 Report by the United Nations (UN) Special Rapporteur on Torture Manfred Nowak opened a door by linking torture to sexual and domestic violence and women's rights, creating a potential future impact with results that remain to be seen. …
Principled Legal Pragmatism: Reconciling Posner And Dewey On Law And Democracy, Kory Spencer Sorrell
Principled Legal Pragmatism: Reconciling Posner And Dewey On Law And Democracy, Kory Spencer Sorrell
St. Thomas Law Review
The pressing practical question is how to cultivate democratic reconstruction? And here again, Posner's insights are both helpful and continuous with the pragmatism of James and Dewey. Both James and Dewey sought reform not primarily through deliberation, but through institutional reform. As Posner insists, "[w]e must accept the irreducible plurality of goals and preferences within a morally heterogeneous society such as that of the United States, and proceed from there." And proceeding from there-successfully, not just aspirationally-means discarding idealistic notions of democracy in favor of institutional and social arrangements that support a morally diverse community, the members of which are …
Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson
Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson
Scholarship and Professional Work - Communication
As affective labor is becoming more dominant in contemporary capitalism, the affect of the body politic is increasingly important. This article argues for a theory of the affective state apparatus to account for the state‟s role in governing the affect of the population. An analysis of George W. Bush‟s Achieving the Promise: Transforming Mental Health Care in America reveals that an affective state apparatus functions to capture, constitute, and circulate the affects of the population. This article contends that an affective state apparatus operates through the very intimacies of our bodies in order to produce ever more efficient and productive …
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.
Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava
Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava
UIC Law Review
No abstract provided.
Barnes-Wallace V. City Of San Diego: "Psychological Injury" And Its Effect On Standing, 44 J. Marshall L. Rev. 507 (2011), Andrew Meyer
Barnes-Wallace V. City Of San Diego: "Psychological Injury" And Its Effect On Standing, 44 J. Marshall L. Rev. 507 (2011), Andrew Meyer
UIC Law Review
No abstract provided.
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
UIC Law Review
No abstract provided.
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011), Atiba R. Ellis
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011), Atiba R. Ellis
UIC Law Review
No abstract provided.
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain
Michigan Journal of Gender & Law
The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from the devastating consequences of humanitarian emergencies. There is also recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are overrepresented in the refugee and internally displaced communities that typically result from many humanitarian crises. Women bear acute care responsibilities in most societies and also disproportionately bear familial and communal care responsibilities in communities …
Empathy’S White Elephant: Responding To The Subprime Mortgage Crisis Without Denigrating The Poor, Adam J. Macleod
Empathy’S White Elephant: Responding To The Subprime Mortgage Crisis Without Denigrating The Poor, Adam J. Macleod
Scholarly Articles
Empathy is the new coverture. Before state legislatures abolished it in the nineteenth century, the plea of coverture nullified any attempts by a married woman to exercise sovereignty over her property. Just as coverture did to married women, the now-well-known call for empathy in our nation's judgments threatens to deny poor borrowers, as a class, the freedom and responsibility to manage their assets. Empathy, as the ideal judge would employ it, would impede the agency of, and thus denigrate, persons within that class. The injustice (and ground for the ultimate abolition) of coverture arose from its failure to respect women …
Capturing Individual Harms, Katrina Fischer Kuh
Capturing Individual Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Scholarly Articles in Law Reviews & Journals
On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …
Offsetting And The Consumption Of Social Responsibility, Ezra Rosser
Offsetting And The Consumption Of Social Responsibility, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This Article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market …
Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant
Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant
Faculty Scholarship
In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries (Australia, the United Kingdom, and the United States), this Article considers several decent work principles applicable to older workers and provides evaluations in light of them. Relevant …
Punishing Without Free Will, Luis E. Chiesa
Punishing Without Free Will, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
This Article will argue that there are good moral reasons to conclude that the scientific plausibility of determinism ought to lead us to abandon the notion of free will. Contra P. F. Strawson and Moore, this Article suggests that rejecting free will does not undermine the human experience, and doing so is plausible and attractive because it would likely lead to more humane and efficient institutions of blaming and punishing.
The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby
The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby
Articles
No abstract provided.
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Articles
No abstract provided.
The Geometry Of Inside And Outside, David Abraham
The Geometry Of Inside And Outside, David Abraham
Articles
These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
Issues Concerning Charges For Driving While Intoxicated In Texas Federal Courts., Brian L. Owsley
Issues Concerning Charges For Driving While Intoxicated In Texas Federal Courts., Brian L. Owsley
St. Mary's Law Journal
Each year numerous defendants appear in courts located in Texas, both state and federal, charged with offenses related to driving while intoxicated (DWI). Defendants appearing before state courts are prosecuted pursuant to Texas statutes, regulations, and binding case law. In certain circumstances, defendants appearing in federal courts face the same statutory elements of a crime and the same potential penalties as in a Texas state court. In many of the cases, however, statutory elements and potential penalties differ. Furthermore, certain rights and regulations afforded to Texas state defendants are unavailable to those charged in federal courts located in the state. …
Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier
Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier
St. Mary's Law Journal
Changes must be made to current Texas laws to strike a proper balance between the homeowners’ rights and the homeowners association’s (HOA) rights. The Texas Supreme Court’s decision in Inwood North Homeowners’ Ass’n v. Harris allows liens to attach to what would otherwise be considered homestead-protected property. Although the promise in Inwood was set forth in writing, touched and concerned the land, was intended to run with the land, and was properly recorded, that did not create a contractual lien. The court, however, incorrectly combined the concepts of liens and covenants. Furthermore, the court seemed to ignore the important and …
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
St. Mary's Law Journal
Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …
Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers
Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers
St. Mary's Law Journal
Abstract Forthcoming.
Introduction To Schreyer V Schreyer
Introduction To Schreyer V Schreyer
Canadian Journal of Family Law
No abstract provided.
Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra
Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra
Canadian Journal of Family Law
No abstract provided.
"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet
"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet
Canadian Journal of Family Law
Since its emergence in the 1990s, the Internet has been celebrated as a tool for connecting people from all corners of the globe. Electronic communication tools, such as the Internet, now have a significant role in daily life, particularly with young people. While the legal field traditionally lags behind in integrating technological advancements into practice, these developments are increasingly, albeit somewhat slowly, being incorporated in family law disputes. Courts are now considering the use of virtual visitation to facilitate access between noncustodial parents and their children, particularly in contested relocation cases. This paper will examine the use of virtual visitation …
Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan
Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan
Canadian Journal of Family Law
No abstract provided.