Law and Society Commons^™

The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis

St. Mary's Law Journal

Abstract Forthcoming.

Social Networking And Judicial Ethics., Craig Estlinbaum

St. Mary's Journal on Legal Malpractice & Ethics

Social network sites (SNSs) such as Facebook, Linkedln, and Twitter have become an increasingly ever-present feature in American life since first appearing in the late 1990s. SNSs now impact virtually all parts of daily life, and the judiciary is not immune to this effect. Recent statistics show that approximately 40% of judges nationwide utilize SNSs for personal, professional, and electoral purposes. Social media, like any public communication form, presents special ethical challenges for judges. In recent years, judicial ethics committees in various states have weighed in on these questions and have not shown any clear consensus. However, it is generally …

Understanding The United States' Incarceration Rate, William T. Pizzi

Publications

What has caused prison sentences to climb so sharply and consistently in the last four decades?

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Faculty Scholarship

Economic analyses of criminal law are frequently and heavily criticized for being unable to explain many criminal law rules and doctrines that people find intuitively just. Existing economic models cannot properly explain, for instance, why criminal law distinguishes between (i) repeat offenders and first-time offenders, (ii) murder and voluntary manslaughter, and (iii) remorseful and non-remorseful offenders.

In this Article, I propose a new and richer economic theory of crime that captures the rationales behind these practices, and potentially behind many other important criminal law principles and doctrines. Unlike an overwhelming majority of previous economic analyses, my theory accounts not only …

Changing Workforce Demographics And The Future Of The Protected Class Approach, Nancy Levit

Faculty Works

The composition and identity characteristics of the American workforce are changing. The population in this country is rising, aging, and becoming much more racially and ethnically diverse. Appearance norms are shifting too. These changes have enormous implications for constitutional and employment discrimination law. In both equal protection and employment discrimination cases, recovery usually depends on membership in a constitutionally or statutorily protected category. Yet the statutory approach to anti-discrimination law has stagnated. Part of the difficulty of the protected class approach is that it is based on something of a paradox — the paradox of exceptionalism. Class-based protection requires individuals …

The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black

Faculty Works

No abstract provided.

Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal

Faculty Scholarship

In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Law Faculty Articles and Essays

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …

The War On Terror: Where We Are And How We Got There, Michael B. Mukasey

NYLS Law Review

No abstract provided.

The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane

NYLS Law Review

No abstract provided.

Secrecy And Self-Governance, Geoffrey R. Stone

NYLS Law Review

No abstract provided.

Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell

NYLS Law Review

No abstract provided.

Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty

NYLS Law Review

No abstract provided.

Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden

NYLS Law Review

No abstract provided.

New Roles To Solve Old Problems: Lawyering For Ordinary People In Today’S Context, Marsha M. Mansfield, Louise G. Trubek

NYLS Law Review

No abstract provided.

Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus

NYLS Law Review

No abstract provided.

People V. Harnett, Joanna C. Peck

NYLS Law Review

No abstract provided.

Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye

NYLS Law Review

No abstract provided.

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

NYLS Law Review

No abstract provided.

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.

When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco

NYLS Law Review

No abstract provided.

Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman

NYLS Law Review

No abstract provided.

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Touro Law Review

No abstract provided.

The Financial Crisis Inquiry Commission And The Politics Of Governmental Investigations, Michael A. Perino

Faculty Publications

In May 2009, Congress passed the Fraud Enforcement and Recovery Act which created the Financial Crisis Inquiry Commission, an independent, bipartisan panel tasked to examine the causes of the current financial and economic crisis in the United States.

Franklin Roosevelt never created an independent commission to investigate Wall Street, but the Pecora hearings, the eponymous investigation of Wall Street wrongdoing run by a former New York prosecutor, captivated the country. For sixteen months in the worst depths of the Great Depression, Ferdinand Pecora paraded a series of elite financiers before the Senate Banking and Currency Committee. In one hearing after …

The Influence Of Past Racism On Criminal Injustice: A Review Of The New Jim Crow And The Condemnation Of Blackness, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

There are books that, on their own, are informative and moving. But, oftentimes, reading books together—one right after the other—compounds each works’ transformative power. Michelle Alexander’s much-needed report (calling it simply a book hardly does it justice), The New Jim Crow: Mass Incarceration in the Age of Colorblindness, can certainly stand on its own as an important statement about the current use of mass incarceration to maintain a racial caste system in the United States. The same strength can be found in The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America, Khalil Gibran …

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

Articles

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.

Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner

Articles

No abstract provided.

Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He

Journal Articles

No abstract provided.

Together Again, John Henry Schlegel

Journal Articles

No abstract provided.

A Legacy Of Teaching, Robin A. Lenhardt

Faculty Scholarship

In this essay, Professor R.A. Lenhardt describes the lasting educational legacy of Professor Derrick Bell. Using a Bell article entitled “Humanity in Legal Education” as its starting point, the essay explores Bell’s emphasis on social justice and “conscience” in legal instruction. In particular, it discusses the impact that Bell’s unique approach to teaching law had on students enrolled at Harvard Law School in the 1990s, where Professor Bell taught before a much publicized protest leave.