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2015

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Articles 241 - 270 of 433

Full-Text Articles in Law and Society

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka Feb 2015

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous …


"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak Feb 2015

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …


预算幸与堕韧的中严阶层, Tan K. B. Eugene Feb 2015

预算幸与堕韧的中严阶层, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

No abstract provided.


Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon Feb 2015

Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon

Cardozo Law Review

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …


The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley Jan 2015

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Northwestern University Law Review

No abstract provided.


Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer Jan 2015

Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer

Northwestern University Law Review

No abstract provided.


Champions For Justice & Public Interest Auction 2015, Roger Williams University School Of Law Jan 2015

Champions For Justice & Public Interest Auction 2015, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.


Newsroom: 'Champions For Justice' Honored, Roger Williams University School Of Law Jan 2015

Newsroom: 'Champions For Justice' Honored, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Emerging International Development Law And Traditional International Law - Congruence Or Cleavage?, Edward Kwakwa Jan 2015

Emerging International Development Law And Traditional International Law - Congruence Or Cleavage?, Edward Kwakwa

Georgia Journal of International & Comparative Law

No abstract provided.


Informers Defamation And Public Policy, Daniel More Jan 2015

Informers Defamation And Public Policy, Daniel More

Georgia Journal of International & Comparative Law

No abstract provided.


Trending@Rwu Law: Laurie Barron's Post: Champions For Justice: The 2015 Public Interest Auction, Laurie Barron Jan 2015

Trending@Rwu Law: Laurie Barron's Post: Champions For Justice: The 2015 Public Interest Auction, Laurie Barron

Law School Blogs

No abstract provided.


Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan Jan 2015

Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene Jan 2015

Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene

Faculty Scholarship

No abstract provided.


Race, Place And Historic Moment – Black And Japanese American World War Ii Veterans: The G.I. Bill Of Rights And The Model Minority Myth, Taunya L. Banks Jan 2015

Race, Place And Historic Moment – Black And Japanese American World War Ii Veterans: The G.I. Bill Of Rights And The Model Minority Myth, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Marital Contracting In A Post-Windsor World, Martha M. Ertman Jan 2015

Marital Contracting In A Post-Windsor World, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Four Futures Of Legal Automation, Frank A. Pasquale, Glyn Cashwell Jan 2015

Four Futures Of Legal Automation, Frank A. Pasquale, Glyn Cashwell

Faculty Scholarship

Simple legal jobs (such as document coding) are prime candidates for legal automation. More complex tasks cannot be routinized. So far, the debate on the likely scope and intensity of legal automation has focused on the degree to which legal tasks are simple or complex. Just as important to the legal profession, however, is the degree of regulation or deregulation likely in the future.

Situations involving conflicting rights, unique fact patterns, and open-ended laws will remain excessively difficult to automate for an extended period of time. Deregulation, however, may effectively strip many persons of their rights, rendering once-hard cases simple. …


Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton Jan 2015

Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton

Theses, Dissertations and Capstones

Examining the Grágás and sagas of Medieval Iceland demonstrates that the laws which governed Medieval Iceland were both strict and lawbreakers were punished ruthlessly when those laws were broken. Despite this, the laws protected the injured party and the families, dependents, and mortgagees of outlaws. Outlawry crimes were broken into main categories: honor crimes, violent crimes, and crimes of wealth. By examining the Grágás and sagas one can see how the laws manifested themselves in Icelandic society.


Scale Economies, Scale Externalities: Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu Jan 2015

Scale Economies, Scale Externalities: Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Scholarly Publications

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of scaling up. But these laws are not widely observed nor rigorously enforced, which upsets this balance and gives large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture is …


The John W. Anderson Slave Pen, Carl B. Westmoreland Jan 2015

The John W. Anderson Slave Pen, Carl B. Westmoreland

Freedom Center Journal

At the end of 18th century America, a series ofevents occurred that forever changed the economic and political status of white Americans. These changes were heavily influenced by the transportation of blacks to this country, the circumstances surrounding their enslavement, and the increasing demand for cotton. America's founders prohibited the importation of enslaved Africans into the United States at the 1787 Constitutional Convention. This prohibition, however, occurred at a time when America was expanding and additional labor was necessary. The invention of the cotton gin in 1793 increased the amount of market ready cotton. The Louisiana Purchase doubled the size …


The National Underground Railroad Freedom Center And Human Trafficking, Brooke Hathaway Jan 2015

The National Underground Railroad Freedom Center And Human Trafficking, Brooke Hathaway

Freedom Center Journal

The National Underground Railroad Freedom Center is a hybrid: one part history musemn and one part non-governmental organization (NGO). An early internal report by the Freedom Center clarified that the focus of contemporary efforts should be on "Unfreedom." The report defined Unfreedom as the conditions subjecting an individual to constraints on her/his personal wellbeing, free action, and/or thought, imposed by an outside power, and enforced by the threat of physical harm (tacit or explicit). There are six root causes of Unfreedom: poverty, poor healthcare, lack of education, prejudice, oppression, and conflict. These root causes are the basis for four major …


Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard Jan 2015

Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard

Faculty Scholarship

No abstract provided.


Sketches Of A Redemptive Theory Of Contract Law, Emily Houh Jan 2015

Sketches Of A Redemptive Theory Of Contract Law, Emily Houh

Faculty Articles and Other Publications

This Article is about the game we call contract law and what it does and means to those who, at one time or another, have been categorically barred from play. How have "outsider" players-such as racial minorities, women, and sexual minorities -entered the game and, subsequently, how have its governing rules-that is, contract doctrines applied or not applied to them? On the flipside, how have common law contract doctrines responded to the entry of new players in the game? And, to the extent contract law has so responded, why has it done so? In asking and responding to these questions, …


From Freedom Narrative To Freedom Leadership Narrative, Michael E. Battle Jan 2015

From Freedom Narrative To Freedom Leadership Narrative, Michael E. Battle

Freedom Center Journal

The National Underground Railroad Freedom Center enters its second decade excited about the opportunities and challenges of balancing the focus on the historical realities of the antebellum freedom narratives and the modem day freedom narratives unfolding in the stories of millions of people worldwide who seek to be free. In terms of the rewards of freedom, The National Underground Railroad Freedom Center focuses on the development of freedom leadership which seeks to empower emerging freedom heroes to fully understand the meaning and application of freedom. Entering its second decade of presence and purpose, the National Underground Railroad Freedom Center sees …


Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss Jan 2015

Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss

Florida State University Law Review

If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …


Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker Jan 2015

Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker

Articles

No abstract provided.


Balance And Team Production, Kelli A. Alces Jan 2015

Balance And Team Production, Kelli A. Alces

Scholarly Publications

No abstract provided.


Does The Public Care How The Supreme Court Reasons? Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp Jan 2015

Does The Public Care How The Supreme Court Reasons? Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp

Scholarly Publications

Can the Supreme Court influence the public’s reception of decisions vindicating rights in high-salience contexts, like samesex marriage, by reasoning in one way over another? Will the people’s disagreement with those decisions—and, by extension, societal backlash against them—be dampened if the Court deploys universalizing liberty rationales rather than essentializing equality rationales? Finally, even if Supreme Court reasoning does resonate with the people as a descriptive matter, should the Court minimize anxiety-producing characteristics in decisions vindicating civil rights—such as homosexuality in the marriage-equality context—simply in order to assuage the people?

This Article combines constitutional theory and empirical legal analysis to ask …


Marital Contracting In A Post-Windsor World, Martha M. Ertman Jan 2015

Marital Contracting In A Post-Windsor World, Martha M. Ertman

Florida State University Law Review

No abstract provided.


Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough Jan 2015

Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough

Intercultural Human Rights Law Review

With over a billion members, the Catholic Church is the largest Christian denomination in the world. It also manages twenty six percent of all health facilities worldwide.' In the U.S., where one in six patients is treated at a Catholic hospital, the Catholic health care network is the largest group of nonprofit health care providers in the country. With more than 600 hospitals and 1,400 long-term care and other health related facilities, Catholic health care has been a powerful presence in the U.S. for a long time. The Sisters of Charity were the first religious community to staff a hospital …


Rescuing The People Of Tuvalu Towards An I.C.J. Advisory Opinion On The International Legal Obligations To Protect The Environment And Human Rights Of Populations Affected By Climate Change, Mariya Gromilova Jan 2015

Rescuing The People Of Tuvalu Towards An I.C.J. Advisory Opinion On The International Legal Obligations To Protect The Environment And Human Rights Of Populations Affected By Climate Change, Mariya Gromilova

Intercultural Human Rights Law Review

2014 has been announced by the U.N. General Assembly as the "International Year of Small Island Developing States" with the goals of raising awareness of the Small Island Developing States' (SIDS) unique developmental challenges in relation to a range of environmental problems including climate change, and of fostering the ambition to find solutions for these vulnerable States.' However, the way in which international law is constructed runs counter to the ambitions of the General Assembly. The people of Tuvalu, one of the SIDS, are not to blame for climate change, yet they experience its most severe impacts. Regardless of the …