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Articles 151 - 180 of 370
Full-Text Articles in Law and Society
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
Pepperdine Dispute Resolution Law Journal
The article offers information on the concept and process of forgiveness from a psychological point of view. It discusses several decisions based on the challenging issue of forgiveness, which determines the purpose, timing, and effectiveness to assist forgiveness in avoiding risk to the forgiver. It informs that the forgiveness is relevant in cases where one person clearly commits some offense against another under conditions of envy, jealousy, and unhealed wounds.
An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe
An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe
Pepperdine Dispute Resolution Law Journal
The article offers information on the philosophical and scientific examination of the policies and practice of the forgiveness studies in the U.S. It informs about several philosophers who put in their efforts towards effectiveness of the scientific research on forgiveness including Jeffrie Murphy, Jean Hampton, and Everett L. Worthington. It also focuses on various theories of forgiveness.
What Does Social Equality Require Of Employers? A Response To Professor Bagenstos, Brishen Rogers
What Does Social Equality Require Of Employers? A Response To Professor Bagenstos, Brishen Rogers
Michigan Law Review First Impressions
Individual employment law can appear a bit like tort law did in the late nineteenth century: an "eclectic gallery of wrongs" united largely by the fact that they do not fit into another doctrinal category. The field has emerged interstitially and today includes an array of state and federal common law and statutory claims not covered by labor law or employment discrimination law. These other subfieldshave foundational statutes: the National Labor Relations Act of 1935 and Title VII of the Civil Rights Act of 1964, respectively. Each was passed in response to a major social conflict, and each defines some …
In Search Of Meaningful Systemic Justice For Adolescents In New York, Jonathan Lippman
In Search Of Meaningful Systemic Justice For Adolescents In New York, Jonathan Lippman
Cardozo Law Review
No abstract provided.
Judicial Independence And Social Welfare, Michael D. Gilbert
Judicial Independence And Social Welfare, Michael D. Gilbert
Michigan Law Review
Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve cases impartially and in accordance with law. Yet independence comes with a hazard. Precisely because they are independent, judges can ignore law and pursue private agendas. For two centuries, scholars have debated those ideas and the underlying tradeoff: independence versus accountability. They have achieved little consensus, in part because independence raises difficult antecedent questions. We cannot decide how independent to make a judge until we agree on what a judge is supposed to do. That depends on one’s views about …
Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter
Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter
Faculty Scholarship
In "Between Facts and Norms" (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system – lifeworld model.
The United States Supreme Court's Decision In Kirtsaeng V. Wiley & Sons: An "Inevitable" Step In Which Direction?, Irene Calboli
The United States Supreme Court's Decision In Kirtsaeng V. Wiley & Sons: An "Inevitable" Step In Which Direction?, Irene Calboli
Research Collection Yong Pung How School Of Law
This opinion analyzes the decision of the Supreme Court of the United States in the case Kirtsaeng v. Wiley & Sons. In this decision, the Court ruled that the principle of copyright exhaustion as provided in Section 109(a) of the Copyright Act equally applies to products “lawfully made” in the United States as well as to products that have been “lawfully made” in foreign countries. This “revolutionary” decision came after almost two decades of conflicting positions, including two previous Supreme Court decisions that had failed to clarify the issue, notably Quality King v. L’anza and Costco v. Omega. Yet, a …
An Empirical Study Of The Use Of Legal Scholarship In Supreme Court Trademark Jurisprudence, Derek Simpson, Lee Petherbridge
An Empirical Study Of The Use Of Legal Scholarship In Supreme Court Trademark Jurisprudence, Derek Simpson, Lee Petherbridge
Cardozo Law Review
Although the usefulness of law review and law journal articles to the decisional lawmaking process is a topic that has captured the imagination of jurists, reporters, and legal academics like few others, very little is actually known about how and why courts use such legal scholarship. This Article addresses that lack of knowledge. It reports an empirical study of the Supreme Court's use of legal scholarship in its trademark jurisprudence that spans the years 1949-2011. Among its contributions are: (1) the identification of Supreme Court trademark cases using and not using legal scholarship, including the identification of the pieces of …
Reimagining The Role Of Defense Counsel For Adolescents In The Adult Criminal Court System: Bringing The Community And Policymakers Into The Process To Achieve The Goals Of Gideon, Nancy Ginsburg
Cardozo Law Review
No abstract provided.
Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf
Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf
Cardozo Law Review
No abstract provided.
Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals
Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals
The Journal of Business, Entrepreneurship & the Law
This paper examines the role of the U.S. Government in the CEO versus worker pay gap, both in contributing to its creation and the ability to reverse it. To better understand this issue, this paper includes a survey of current U.S. and foreign CEO compensation practices, a survey of theories proposed to explain the divergence between U.S. and foreign CEO compensation, a review of the social and business impact of excessive CEO compensation, and identifies socioeconomic theories regarding the excessive CEO pay trend. This is followed by a review of the history of attempted solutions along with newly enacted and …
A Symposium On Social Justice Feminism: Introduction, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams
A Symposium On Social Justice Feminism: Introduction, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams
Faculty Articles and Other Publications
This special issue of the Freedom Center Journal, includes a set of truly diverse and interdisciplinary pieces, each individually interpreting and performing social justice feminism in original and unique ways. Collectively, these pieces demonstrate how SJF can be constructively employed across academic disciplines and through lived realities and, further, how SJF can be used to connect theory to our own individual and collective advocacy and activism.
Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark D. Rosen
Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark D. Rosen
All Faculty Scholarship
No abstract provided.
Legal History And The Politics Of Inclusion, Felice J. Batlan
Legal History And The Politics Of Inclusion, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin
Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin
Short Works
No abstract provided.
Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks
Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks
Faculty Scholarship
Approximately 40% of the deaths attributed to Hurricane Katrina in 2005 were caused by drowning. Blacks in the New Orleans area accounted for slightly more than one half of all deaths. Some of the drowning deaths were preventable. Too many black Americans do not know how to swim. Up to seventy percent of all black children in the United States have no or low ability to swim. Thus it is unsurprising that black youth between 5 and 19 are more likely to drown than white youths of the same age. The Centers for Disease Control concludes that a major factor …
Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt
Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt
Scholarly Articles
The rights of children have recently taken a prominent role in the popular and judicial consciousness. This is largely due to litigation over marriage equality. In authoring the majority opinion in United States v. Windsor, 133 S. Ct. 2675 (2013), Justice Kennedy cited tangible and psychic harm to the children of same-sex couples as a basis for invalidating the federal Defense of Marriage Act. Post-Windsor, myriad state and federal courts similarly have recognized the manner in which state-level marriage bans inflict harm on the children of same-sex couples. Yet, while courts have recognized the significance of harm to children …
Tax Favors For Philanthropy: Should Our Republic Underwrite De Tocqueville's Democracy?, Rob Atkinson
Tax Favors For Philanthropy: Should Our Republic Underwrite De Tocqueville's Democracy?, Rob Atkinson
Scholarly Publications
This article critically reviews the current rationales for the federal income tax system's favorable treatment of philanthropy, gives those rationales a new descriptive synthesis based on de Tocqueville's account of American democracy, and offers a normative alternative based on neo-classical ethical and political theory. It first identifies the two basic normative questions: What is the function of philanthropy that warrants favorable tax treatment, and how well does favorable tax treatment advance that function? It then examines the answers of three distinct phases of normative tax theory: the traditional subsidy thesis, the antithetical technical definition of income theory, and a set …
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Articles
No abstract provided.
Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett
Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett
Publications and Research
No abstract provided.
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Articles
Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …
Adjudications, Brigette Buynak, Darcy S. Bushnell
Adjudications, Brigette Buynak, Darcy S. Bushnell
Water Matters!
Adjudications are lawsuits that take place in state or federal court to resolve all claims to water use in the state of New Mexico, including those of Pueblos, tribes and the federal government. These cases are required by statute to create a formal inventory of water uses and to facilitate administration of New Mexico’s surface and groundwater. The geographic scope of each case is generally described by a stream system and occasionally by a groundwater basin. By statute, the State is always the plaintiff. The mission is to formally identify and recognize all valid water rights in each area being …
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda
UIC Law Review
No abstract provided.
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck
Maryland Law Review
No abstract provided.
Avenging Revenge Porn, Samantha Kopf
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul
The Modern American
No abstract provided.
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado
UIC Law Review
No abstract provided.
The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize
The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize
UIC Law Review
No abstract provided.
The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano
UIC Law Review
No abstract provided.
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin
UIC Law Review
This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing two federal court cases involving Cherokee Freedmen and citizenship: Vann v. United States DOI and Cherokee Nation v. Nash.