Law and Society Commons^™

All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart

Law Faculty Publications

No abstract provided.

Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Just Another Brick In The Wall: The Establishment Clause As A Heckler's Veto, Richard F. Duncan

Nebraska College of Law: Faculty Publications

"When rights are incorporated against the States through the Fourteenth Amendment they should advance, not constrain, individual liberty."'

Although the First Amendment explicitly protects individuals against only laws made by "Congress," the Supreme Court has long held that, under the Due Process Clause of the Fourteenth Amendment, the states are forbidden from "depriving" persons of the fundamental individual liberties protected by the First Amendment.' Thus, under the so-called doctrine of incorporation, a particular provision of the First Amendment (as well as of the rest of the Bill of Rights) "is made applicable to the states [only] if the Justices are …

A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron

Faculty Scholarship

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …

Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii

Homeland Security Publications

No abstract provided.

The Field In Ireland In 2014, Tom Dunne

Articles

Repossessions are an important part of recovery in the housing market

Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Rob Atkinson

Scholarly Publications

This article has two coordinate goals: to undergird the functionalist understanding of professionalism with classical normative theory and to advance the classical theory of civic virtue with the insights of modern social science. More specifically, this article seeks to connect classical theories about the care of the body and the soul with modern theories of market and government failure. The first step is to distinguish two kinds of professions, caring professions like medicine and public professions like law, by identifying the distinctive virtue of each. The distinctive virtue of the caring professions is single-minded commitment to those in their care, …

Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean

Journal of Business & Technology Law

No abstract provided.

E-Legislating, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The United States has been plagued with a deadlocked, “do nothing” Congress for the last several years, but today there is a new game in town. Senator Chris Dodd declared, when he first encountered the full force of e-legislating, “It’s a new day [in Washington]... Brace yourselves.” Digital technologies have fundamentally changed the relationship of citizens to their governments. Since e-democracy was first identified in the 1990s, at least four subcategories have emerged. This article debuts the newest member of the e-democracy family: e-legislating — the use of Internet and social media to influence federal legislation. The federal legislative process …

You Can't Get There From Here: Elderly Prisoners, Prison Downsizing, And The Insufficiency Of Cost Cutting Advocacy, Elizabeth Rapaport

Faculty Scholarship

The prison population in the United States has peaked and begun to recede, reversing more than 30 years of growth. Mass incarceration is yielding to the imperative to reduce state budgets in recessionary times. As states turn away from the extravagant use of prison for nonviolent offenders, the percentage of the prison population serving long and life sentences for violent felonies will increase. By 2009 one in eleven prisoners were lifers. These are the prisoners growing old and dying in prison. High cost elderly prisoners who have aged out of crime should be good candidates for cost saving measures such …

Announcing Remedies For Medical Injury: A Proposal For Medical Liability Reform Based On The Patient Protection And Affordable Care Act, Steven E. Raper

Journal of Health Care Law and Policy

No abstract provided.

Characteristics Of Health Professionals In A Mandated Ethics Tutorial After Violating Sexual Boundaries With Patients, S. Michael Plaut, Janet Klein Brown, Mira Brancu, Rebecca C. Wilbur, Katherine Rios

Journal of Health Care Law and Policy

No abstract provided.

Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg

The Modern American

No abstract provided.

A Thought Experiment: Brown V. Board Of Education Of Topeka, Kansas, Louis Michael Seidman

The Modern American

No abstract provided.

Booklet Of Selected Theses From The Ma In Criminology, Ma In Law, Ma In Child, Family And Community Studies, And The International Masters In Early Childhood Education, 2010-2012, Matt Bowden, Carmel Gallagher, Kevin Lalor

Dissertations

This booklet highlights and celebrates the research work of graduates from taught Masters programmes in the School of Social Sciences and Law:

• the MA in Criminology

• the MA in Law

• the MA in Child, Family and Community Studies

• the International Masters in Early Childhood Education, co-delivered with Oslo and Akershus University College of Applied Sciences (Norway) and the University of Malta (Malta).

The MA in Criminology and the MA in Law commenced in 2006 and the MA in Child, Family and Community Studies commenced in 2007. Each has quickly become established in its field as a …

The Promise And Pitfalls Of Empiricism In Educational Equality Jurisprudence, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Zadoff On Kwall: A Historian’S Critique, Ethan Zadoff

Cardozo Law Review de•novo

The relationship between law and culture is a complex, dynamic, variegated, and multifaceted accord, an entanglement that belies the traditional dynamic of categorical distinction that, many posit, lies at the center of the two amorphous terms. Increasingly over the last decade and a half, scholars, particularly legal scholars, have started to reconsider the complexities of the legal in social and cultural environs, partially as a result of interdisciplinary methods of cultural theory, which have permeated the guarded borders of legal studies. Roberta Kwall’s article titled “The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study” in the December …

Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Changes in climatic and demographic trends are sparking renewed interest in cities generally and sustainable communities particularly. On the one hand, residents and workers in denser, mixed-use neighborhoods served by transit have half the carbon footprint of those in spread-out suburban areas. On the other hand, many of the smaller households that characterize the nation’s growing population prefer to live in precisely those compact, mixed-use neighborhoods. In New York, these changes align with several new state policies that encourage cities and towns to reduce carbon emissions, reduce vehicle travel, create sustainable buildings and neighborhoods, and preserve the landscapes that sequester …

Dreading He Knew Not What: Masculinities, Structural Spaces, Law And The Gothic In The Castle Of Otranto, Pride And Prejudice, And Wuthering Heights, Samantha E. Morse

Pitzer Senior Theses

This essay investigates the integral linkages between Gothic spaces and Gothic masculinities in three texts: Horace Walpole’s The Castle of Otranto (1764), Jane Austen’s Pride and Prejudice (1813), and Emily Brontë’s Wuthering Heights (1847). At the core of this examination is architecture, or more specifically, the physical constructions and built environments that comprise a man’s property. I explore how a man uses his property to construct, legitimize, and perform his identity. In the Female Gothic, the home is a place of anxiety for women, where patriarchal dominance and violence reign to constrain female agency. I argue that the home is …

A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis

Marquette Law Review

Although potentially offering the benefits of crime control and sentence reduction, some Blacks are convinced that cooperation with criminal investigations and prosecutions should be avoided. One factor contributing to this perspective is America’s reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime, and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have examined closely the Black community’s relationship with informing. Furthermore, even among this small group, noticeably absent are historical explorations of Black America’s experience with informing during slavery. Drawn …

Diy Urbanism: Property And Process In Grassroots City Building, Celeste Pagano

Marquette Law Review

In recent years, a range of grassroots interventions have claimed and shaped the use of urban space. Community gardens, unsanctioned public art, temporary crosswalks, miniature lending libraries—these projects and more have been termed “guerrilla urbanism,” “tactical urbanism,” or “insurgent uses of public space.” I choose the term “DIY” or “Do-It- Yourself” urbanism to describe these phenomena in order to emphasize their bottom-up and often ad hoc nature. Accomplishing a variety of aims and existing on a fluid spectrum of legality, DIY urbanist interventions share in common an orientation toward community engagement in changing the use of common urban space.

This …

A Person's A Person: Children's Rights In Children's Literature, Jonathan Todres, Sarah Higinbotham

Faculty Publications By Year

Although the Convention on the Rights of the Child is the most widely ratified human rights treaty in history, children’s rights are still seen in many circles as novel and quaint ideas but not serious legal theory. The reality, however, is that the realization of children’s rights is vital not only for childhood but for individuals’ entire lives. Similarly, although the books children read and have read to them are a central part of their childhood experience, so too has children’s literature been ignored as a rights-bearing discourse and a means of civic socialization. We argue that children’s literature, like …

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

Articles

Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …

It's Not Just Name Calling, Kenneth Lasson

All Faculty Scholarship

I’m afraid that universities, which like to perceive themselves as places of culture in a chaotic world, are not quite that wonderful. Of course, some are better than others; not all of them are hotbeds of radical turmoil, but a disturbing number have come to be focal points of loud and strident opposition to the state of Israel.

Although the volume of overt antisemitic acts may have in fact declined over the past few years, there has been a significant increase in anti-Zionist rhetoric and activity on campuses around the country and around the world. The two concepts are not …

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

Faculty Scholarship

No abstract provided.

Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell

Cardozo Journal of Conflict Resolution

In 1984, The Walt Disney Company ("Disney") was riding the wave of success from its newest Resort, Tokyo Disney Resort ("Tokyo Disney"), which attracted 10 million guests in the first year alone, and its thoughts turned to further international expansion-this time, in Europe. After careful consideration of potential locations and preliminary negotiations with two European governments, Disney decided in 1984 to launch Euro Disneyland ("Euro Disneyland" or "EDL") in Marne-la-Vall6e, France. The realities of opening and operating EDL in France were far different than Disney's expectations when it began negotiations-so much so that the Resort narrowly escaped bankruptcy. For an …

An Incomplete Revolution: Reexaming The Law, History, And Politics Of Marital Property, Mary Ziegler

Scholarly Publications

Did the divorce revolution betray the interests of American women? While there has been considerable disagreement about the impact of divorce reform on women’s standard of living, many agree that judicial practices involving the division of marital property and the allocation of alimony have systematically disadvantaged women. Most often, in the courts and the academy, commentators see these practices as evidence of the need for family law reform.

These conclusions rely on a shared account of the history of divorce reform. According to this account, the transformation of divorce law in the 1970s and 1980s was a “silent revolution,” a …

Using A Cultural Lens In The Law School Classroom To Stimulate Self-Assessment, 48 Gonz. L. Rev. 365 (2013), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

The American Bar Association is exerting pressure on United States law schools to improve teaching effectiveness by shifting the evaluation of student learning away from input measures to focus upon output-based assessments. Yet, many legal educators appear to be resistant to and fearful of change, in part, perhaps, due to their comfort with teaching methods such as the Socratic or case-dialogue approach, which demands little accountability for teaching effectiveness and provides more time for the pursuit of the traditional goals of scholarly productivity. This method of teaching as currently utilized in law schools is also innately professor-centric performance art. The …