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2013

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Articles 241 - 270 of 396

Full-Text Articles in Law and Society

The Lawyer With The Adr Tattoo, Jennifer W. Reynolds Jan 2013

The Lawyer With The Adr Tattoo, Jennifer W. Reynolds

Cardozo Journal of Conflict Resolution

This Article considers whether ADR presents a branding problem for legal professionals and, if so, how those professionals can reclaim the brand in productive, career-affirming ways. Whether one should self-identify as proponent, practitioner, or scholar of alternative practices implicates broad tensions not only around assimilating with integrity into any longstanding change-resistant profession, but also around the shortcomings of the adversarial system and the legitimacy of ADR.

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“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin Jan 2013

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

The repeal of DADT represents the triumph of non-discrimination rhetoric, while the MLDC's report stands for a renewed effort to expand the military's affirmative action policies for the benefit of people of color and women: two historically subordinated groups in the U.S. military. The repeal of DADT may have purchased equality for LGB service members, but at a premium. The strategic decision to rally around the non-discrimination model, I argue in this Article, will reinforce the continued subordination of LGB service members. As an alternative, I propose the application of kakou principles to military policies and programs for integrating LGB …

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Can A Pluralistic Commonwealth Endure?, Brian Mccall Jan 2013

Can A Pluralistic Commonwealth Endure?, Brian Mccall

Faculty Articles

This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.

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A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes Jan 2013

A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes

University of Florida Journal of Law & Public Policy

No abstract provided.

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Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley, Frank Rudy Cooper Jan 2013

Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley, Frank Rudy Cooper

Nevada Law Journal

No abstract provided.

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Is Marriage For Rich Men?, June Carbone, Naomi Cahn Jan 2013

Is Marriage For Rich Men?, June Carbone, Naomi Cahn

Nevada Law Journal

No abstract provided.

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Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd Jan 2013

Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd

Nevada Law Journal

No abstract provided.

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Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams Jan 2013

Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams

Nevada Law Journal

No abstract provided.

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Enforcing Masculinities At The Borders, Jamie R. Abrams Jan 2013

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.

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Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman Jan 2013

Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman

Nevada Law Journal

No abstract provided.

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Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier Jan 2013

Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier

Nevada Law Journal

No abstract provided.

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Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo Jan 2013

Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo

Nevada Law Journal

No abstract provided.

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Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah L. Brake Jan 2013

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah L. Brake

Nevada Law Journal

No abstract provided.

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A Bibliography Of Title Ix Of The Education Amendments Of 1972, Christine Iaconeta Dulac Jan 2013

A Bibliography Of Title Ix Of The Education Amendments Of 1972, Christine Iaconeta Dulac

Faculty Publications

It has been thirty-five years since the passage of Title IX of the Education Amendment of 1972. Title IX provides that no person shall be excluded from participation in any educational program or activity that receives federal funding. This legislation is credited with bolstering the participation rates of girls and women in athletics. Although athletics are not explicitly addressed in the statutory language, Title IX requires schools to offer male and female students equal opportunities to play sports, to give male and female athletes their fair share of athletic scholarship money, and to treat male and female athletes equally in …

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Sentencing And Punishment: The Missed Opportunity For A Categorical Rule Against Life Without The Possibility Of Parole For Juveniles, Kevin Miller Jan 2013

Sentencing And Punishment: The Missed Opportunity For A Categorical Rule Against Life Without The Possibility Of Parole For Juveniles, Kevin Miller

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Accidental Lawyer: A Law And Economics Perspective Of Inadvertent Waiver., Ido Baum Jan 2013

The Accidental Lawyer: A Law And Economics Perspective Of Inadvertent Waiver., Ido Baum

St. Mary's Journal on Legal Malpractice & Ethics

The inadvertent waiver doctrine is part of the attorney-client privilege but its application lacks uniformity and thus is a major cause for distress for lawyers and clients. The concerns about an inadvertent waiver of the privilege intensify as technology changes the way attorneys and clients interact. Accordingly, seeking legal advice has become a dangerous activity. This Article first demonstrates that courts treat inadvertent waiver as a type of accident without duly attending to the implications of the concept. Drawing on economic analysis of tort law, this Article identifies how the liability regimes and unique harm rules applied by courts to …

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Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig Jan 2013

Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig

Articles

This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities in …

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Western Universalism And African Homosexualties, Nicholas Kahn-Fogel Jan 2013

Western Universalism And African Homosexualties, Nicholas Kahn-Fogel

Law Faculty Scholarship

This article draws on original historical research, queer theory, communitarian philosophy, and an array of anthropological sources to suggest that efforts by Western liberals to protect practitioners of same-sex intimate conduct in Africa may be relatively unsuccessful and could further endanger the intended beneficiaries of advocacy.

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Response To Zadoff On Kwall, Roberta Rosenthal Kwall Jan 2013

Response To Zadoff On Kwall, Roberta Rosenthal Kwall

Cardozo Law Review de•novo

In The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study, I demonstrate that a cultural analysis of halakhah views the norms of female ritualistic participation concerning being called to, and reading from the Torah as the result of environment, conditioning, history, and context, rather than as an unalterable mandate. To my knowledge, the idea that halakhah should be understood through a cultural analysis lens has not previously been explored in either the legal or Jewish studies literature. The paradigm developed in the Article was based on an extensive review of the cultural analysis literature and represents …

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Powerless Against Police Brutality: A Felon's Story, Tamara F. Lawson Jan 2013

Powerless Against Police Brutality: A Felon's Story, Tamara F. Lawson

St. Thomas Law Review

Imagine driving to the store with friends, but while en route, you are shot and beaten by the police so severely that random citizen witnesses intervene to stop the police brutality. Next, envision recovering from those injuries and awakening from a coma chained to your hospital bed informed that you are under arrest for attempted murder of a police officer. Then, consider waiting over five years for the opportunity to tell your story to the court, believing justice will be served, but instead you discover that the trial is more influenced by the revelation of your prior criminal record than …

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Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd Jan 2013

Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd

UF Law Faculty Publications

Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …

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What Do Clients Want From Their Lawyers?, Clark D. Cunningham Jan 2013

What Do Clients Want From Their Lawyers?, Clark D. Cunningham

Faculty Publications By Year

This working paper assembles empirical data from England, Australia and the United States indicating that individual clients do not evaluate their lawyers - as attorneys frequently assume - primarily in terms of the outcomes achieved. Rather, clients place greater weight on the quality of communication with their lawyers and are often disappointed by failure to listen carefully and explain clearly. The paper concludes with suggestive survey data that organizational clients may have similar views about the large firm lawyers that represent them. The author is the director of the Effective Lawyer-Client Communication Project and the National Institute for Teaching Ethics …

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Critique Of Money Judgment Part Three: Restraining Notices, David G. Carlson Jan 2013

Critique Of Money Judgment Part Three: Restraining Notices, David G. Carlson

Articles

New York is virtually unique in permitting lawyers to issue court orders restraining debtors and third parties from conveying away any assets that could be used to satisfy a money judgment. In effect, these orders command the recipient to do nothing, whereas a turnover or garnishment orders the recipient to do something — pay the creditor or sheriff or surrender illiquid property to the sheriff. The weakness and strength of this debt collection tool is assessed at length. The Article also analyzes in detail New York’s Exempt Income Protection Act, enacted in 2008 to force banks to protect the exempt …

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Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl Jan 2013

Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl

Lisa PytlikZillig Publications

Despite its increasing importance for sustainability, building widespread competency in the basic principles of climate literacy among the United States general public is a great challenge. This article describes the methods and results of a public engagement approach to planning climate change education in the Central Great Plains of the United States. Our approach incorporated contextual and lay expertise approaches to public engagement with a focus on supporting the self-determination of the specific stakeholder groups–rural producers, educators, and community members. An integration of results from the focus groups reveal that our approach was received positively and elicited a number of …

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New Formalism In The Aftermath Of The Housing Crisis, Nestor M. Davidson Jan 2013

New Formalism In The Aftermath Of The Housing Crisis, Nestor M. Davidson

Faculty Scholarship

The housing crisis has left in its wake an ongoing legal crisis. After housing markets began to collapse across the country in 2007, foreclosures and housing-related bankruptcies surged significantly and have barely begun to abate more than six years later. As the legal system has confronted this aftermath, courts have increasingly accepted claims by borrowers that lenders and other entities involved in securitizing mortgages failed to follow requirements related to perfecting and transferring their security interests. These cases – which focus variously on issues such as standing, real party in interest, chains of assignment, the negotiability of mortgage notes, and …

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What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner Jan 2013

What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner

Faculty Scholarship

In the fall of 2014, Chinese Communist Party authorities made legal reform the focus of their annual plenum for the first time. The Fourth Plenum Decision confirmed a shift away from some of the policies of the late Hu Jintao era, but liberal reforms still remain off the table. The top-down vision of legal reform developing under Xi Jinping’s administration may have more in common with current trends in the party disciplinary apparatus or historical ones in the imperial Chinese censorate than it does with Western rule-of-law norms. This essay attempts to do three things: (1) analyze how and why …

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Review Of "Confucian Constitutional Order: How China’S Ancient Past Can Shape Its Political Future" By Jiang Qing, Carl F. Minzner Jan 2013

Review Of "Confucian Constitutional Order: How China’S Ancient Past Can Shape Its Political Future" By Jiang Qing, Carl F. Minzner

Faculty Scholarship

No abstract provided.

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Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Jan 2013

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …

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Western Universalism And African Homosexualties, Nicholas A. Kahn-Fogel Jan 2013

Western Universalism And African Homosexualties, Nicholas A. Kahn-Fogel

Faculty Scholarly Works

This article draws on original historical research, queer theory, communitarian philosophy, and an array of anthropological sources to suggest that efforts by Western liberals to protect practitioners of same-sex intimate conduct in Africa may be relatively unsuccessful and could further endanger the intended beneficiaries of advocacy.

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Introduction: Men, Masculinities, And Law, Ann C. Mcginley Jan 2013

Introduction: Men, Masculinities, And Law, Ann C. Mcginley

Nevada Law Journal

No abstract provided.

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