Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (77)
- Law and Race (73)
- Legal Profession (58)
- Criminal Law (45)
- Law and Gender (45)
-
- Environmental Law (44)
- Constitutional Law (43)
- Health Law and Policy (43)
- Jurisprudence (43)
- Social and Behavioral Sciences (38)
- State and Local Government Law (38)
- Legal Ethics and Professional Responsibility (37)
- Immigration Law (36)
- Sexuality and the Law (33)
- Family Law (31)
- Oil, Gas, and Mineral Law (31)
- Public Law and Legal Theory (29)
- International Law (28)
- Military, War, and Peace (28)
- Courts (27)
- Legislation (25)
- Legal History (24)
- Human Rights Law (22)
- Law and Economics (22)
- Legal Education (22)
- Comparative and Foreign Law (20)
- Law and Politics (20)
- Social Welfare Law (20)
- Institution
-
- Fordham Law School (34)
- Roger Williams University (31)
- University of Georgia School of Law (29)
- St. Mary's University (27)
- Seattle University School of Law (16)
-
- University of Florida Levin College of Law (16)
- The University of Akron (15)
- University of Michigan Law School (15)
- University of Maryland Francis King Carey School of Law (13)
- Yeshiva University, Cardozo School of Law (12)
- American University Washington College of Law (10)
- Florida State University College of Law (10)
- Pace University (10)
- Singapore Management University (10)
- Duke Law (9)
- Schulich School of Law, Dalhousie University (9)
- University of Miami Law School (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- Barry University School of Law (7)
- Georgia State University College of Law (7)
- University of Richmond (7)
- Texas A&M University School of Law (6)
- University at Buffalo School of Law (6)
- University of Cincinnati College of Law (6)
- Georgetown University Law Center (5)
- Maurer School of Law: Indiana University (5)
- Universitas Indonesia (5)
- The Peter A. Allard School of Law (4)
- University of Arkansas Little Rock (4)
- University of Maine School of Law (4)
- Keyword
-
- Race (35)
- Equality (28)
- Gender (21)
- Diversity (19)
- Inclusion (17)
-
- Law (16)
- Marriage (16)
- Culture (15)
- Equity (15)
- Supreme Court (13)
- Marriage equality (10)
- Privacy (10)
- Crime (8)
- Discrimination (8)
- Police (8)
- Violence (8)
- Women (8)
- Choice (7)
- Gay marriage (7)
- Justice (7)
- Obergefell (7)
- Right to marry (7)
- Same sex (7)
- Same sex marriage (7)
- St. Mary’s Law Journal (7)
- St. Mary’s University School of Law (7)
- Social justice (6)
- United States (6)
- Criminal law (5)
- Minorities (5)
- Publication
-
- Fordham Law Review (32)
- Faculty Scholarship (30)
- St. Mary's Law Journal (27)
- Georgia Journal of International & Comparative Law (26)
- Life of the Law School (1993- ) (16)
-
- University of Florida Journal of Law & Public Policy (16)
- Akron Law Review (15)
- Articles (11)
- Seattle University Law Review (10)
- Research Collection Yong Pung How School Of Law (9)
- Articles, Book Chapters, & Popular Press (7)
- Cardozo Law Review (7)
- Faculty Publications By Year (7)
- Law School Blogs (7)
- Maryland Law Review (7)
- Scholarly Publications (6)
- Scholarly Works (6)
- University of Richmond Law Review (6)
- American University Journal of Gender, Social Policy & the Law (5)
- Faculty Articles (5)
- Faculty Publications (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Indonesia Law Review (5)
- Michigan Journal of Race and Law (5)
- Michigan Law Review (5)
- Pace Law Review (5)
- School of Law Conferences, Lectures & Events (5)
- All Faculty Scholarship (4)
- Canadian Journal of Family Law (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Publication Type
Articles 301 - 330 of 433
Full-Text Articles in Law and Society
Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath
Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath
St. Mary's Law Journal
Abstract Forthcoming.
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
No abstract provided.
Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman
Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman
Articles
No abstract provided.
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes
Articles
No abstract provided.
Law, Bioethics, And Medical Futility: Defining Patient Rights At The End Of Life, Frederick R. Parker Jr.
Law, Bioethics, And Medical Futility: Defining Patient Rights At The End Of Life, Frederick R. Parker Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Bitcoin Atm: A Criminal's Laundromat For Cleaning Money, Mitchell Hyman
Bitcoin Atm: A Criminal's Laundromat For Cleaning Money, Mitchell Hyman
St. Thomas Law Review
This comment discusses how solely applying current Bank Secrecy Act ("BSA") and Department of Treasury Financial Crime Enforcement Network" ("FinCEN") regulations to virtual currency-specifically Bitcoin ATMs-will put a strain on Bitcoin ATM owners and the industry, but will not reduce the risk of money laundering. Part II of this comment discusses the characteristics of Bitcoin, explains the environment in which it exists, and how individuals use Bitcoin. In Part III, this comment discusses how BSA regulations apply to virtual currency. Additionally, Part III analyzes how Bitcoin ATM owners and operators would be classified under FinCEN's 2013 guidance. Part IV shifts …
Revisiting The Revolution: Reintegrating The Wealth Transmission System, Melanie B. Leslie, Stewart E. Sterk
Revisiting The Revolution: Reintegrating The Wealth Transmission System, Melanie B. Leslie, Stewart E. Sterk
Articles
Thirty years ago, John Langbein published "The Nonprobate Revolution and the Future of Succession." The article celebrated testators' newfound ability to avoid the expense and delay of the probate court system by holding assets in a variety of non-probate devices, such as retirement and bank accounts with beneficiary designations and revocable trusts. Langbein high-lighted problems the revolution might generate and predicted how they might be resolved. Since then, significant problems have indeed developed. First, wills law doctrines designed to effectuate intent of testators have not been universally extended to non-probate transfers. Second, the fragmentation of the wealth transmission process has …
Test Unrest: New York City's Examination High Schools, Aaron J. Saiger
Test Unrest: New York City's Examination High Schools, Aaron J. Saiger
Faculty Scholarship
New York City bases admissions to its eight “specialized” high schools entirely upon scores on a single standardized test. This policy, hotly contested when it was codified by state law in 1971, faces renewed political and legal attacks today. Single-test admissions consistently result in alarmingly low levels of African-American and Hispanic enrollment at the most sought-after specialized schools. This brief essay compares today’s debate to that of 1971. It notes two major developments since then. The City now has eight test-only high schools, not three. Moreover, the eight schools now function in the larger context of New York’s system of …
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
This Essay begins by understanding the law school crisis through the framework of disaster capitalism. This framing uncovers the ways in which reformers are taking advantage of the current crisis to restructure legal education. Under the circumstances, faculty may reasonably read the contemporaneous student-led movement to require trigger warnings in the classroom as an assault on academic freedom. This reading, however, clouds the water. Part II attempts to clear the confusion by decoupling the trigger-warning movement from the broader phenomenon of law school corporatization. Trigger-warning demands might alternatively be read as a student critique of traditional law school pedagogy. Especially …
Jurisprudential Ties That Blind: The Means To Ending Affirmative Action, Tanya M. Washington
Jurisprudential Ties That Blind: The Means To Ending Affirmative Action, Tanya M. Washington
Faculty Publications By Year
No abstract provided.
"I Now Pronounce You Husband And Wives": The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter N. Swisher
"I Now Pronounce You Husband And Wives": The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter N. Swisher
Law Faculty Publications
The purpose of this article is to question the continuing validity of Reynolds in light of subsequent United States Supreme Court deci- sions, including-most recently-UnitedStates v. Windsor and Burwell v. Hobby Lobby Stores, Inc. Based upon these subsequent Supreme Court decisions, and the Religious Freedom Restoration Act of 1993, proponents of polygamous marriage now have a very strong case for validating polygamous marriages on cultural, religious, and constitutional grounds.
A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch
A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch
St. Mary's Law Journal
Abstract Forthcoming.
Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Aparna Polavarapu, Joel Samuels
Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Aparna Polavarapu, Joel Samuels
Scholarly Works
In this essay, we attempt to lay the initial groundwork for a clearer understanding of rule of law both as a concept and as a distinct field. We respond to the assertions that the rule of law field is non-existent or incoherent, and assert that a field of rule of law is not impossible to ascertain. First, we survey how rule of law - as both a term and a state of political being - is understood by practitioners and scholars, as well as how scholars reconcile the lack of a clear, widely universal understanding of the concept of rule …
Feminism In Yellowface, Stewart Chang
Feminism In Yellowface, Stewart Chang
Scholarly Works
This article analyzes the relationship between sexualized stereotypes of Asian women, specifically the Asian prostitute epitomized in the Suzie Wong stereotype, and the tendency of American immigration law, even in pro-women legislation such as the TVPA, to promote conservative norms regarding female sexuality and domesticity. Part I explains the significance of Asian prostitution in the history and evolution of United States immigration policy. In the nineteenth century, the Asian prostitute was constructed as the antithesis to normative American sexuality, as a foreign peril that threatened the integrity of the American domestic unity and therefore required rejection and exclusion. Part II …
Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell
Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell
Scholarly Works
Access to justice efforts have been focused more on access than justice, due in part to the framing of access to justice issues around the presence or absence of lawyers. This article argues that access to justice scholars and activists should also think about social justice and provides a roadmap for running a legal services program geared toward making court systems more just. The article also further develops the concept of “poor people’s courts,” a term that has been used to describe courts serving large numbers of low-income people without representation. The article argues that access to justice efforts can …
Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher
Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher
Scholarly Works
Professor David Orentlicher considers the significance of the passage of the Affordable Care Act on the Medicaid program. He discusses the expansion of the program's recipients from merely children, pregnant women, single caretakers of children, and disabled persons to all persons up to 138% of the federal poverty level. Professor Orentlicher argues that the Medicaid expansion reflects concerns about the high costs of health care rather than an evolution in societal thinking about the "deserving" poor. As a result, the expansion may not provide a stable source of health care coverage for the expansion population.
企業の社会的責任と戦略的租税行動 [Corporate Social Responsibility And Strategic Tax Behavior], Reuven S. Avi-Yonah, Keisaku Koga Translator
企業の社会的責任と戦略的租税行動 [Corporate Social Responsibility And Strategic Tax Behavior], Reuven S. Avi-Yonah, Keisaku Koga Translator
Articles
This paper addresses two questions. First, from the perspective of the corporation, should the corporation cooperate and pay the corporate tax, or should it engage in "strategic" tax behavior designed to minimize or eliminate its corporate tax burden? Second, from the perspective of the state, should the state use the corporate tax just to raise revenue, or should it also try to use it as a regulatory tool to steer corporate behavior in directions that it deems beneficial to society? The paper argues that whatever our view of the nature of the corporation and of the legitimacy of corporate social …
Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson
Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson
St. Mary's Law Journal
Observing live court testimony allows a jury to determine witness credibility. This is called demeanor evidence. Allowing the introduction of transcripts of prior testimony by a witness offends a defendant's right to confrontation guaranteed by the Sixth Amendment of the United States Constitution. Loss of demeanor evidence can heighten sensitivity surrounding the constitutional demands of unavailability and an opportunity for cross-examination. But the loss of this evidence is discounted when dealing with the admissibility of prior testimony as long as a defendant was formerly afforded an opportunity to cross-examine. Demeanor evidence, however, is still treated as a non-essential component of …
Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold
Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold
St. Mary's Law Journal
While the shale boom has brought about many positive results such as economic growth and new jobs to the Eagle Ford Shale region, the ravaged roadways left in the aftermath must be addressed. The demands for equipment and manpower created by oil and gas exploration are extensive. Sadly, the Texas Department of Transportation (TxDOT)—the entity charged with maintaining and repairing roads in these affected counties—refuses to supply sufficient funding to repair the over used roadways. This pressure is exerted in rural areas where most of the roads and bridges are designed for lower volumes of traffic. In addition to the …
An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction., Hannah L. Hembree
An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction., Hannah L. Hembree
St. Mary's Law Journal
Taking advantage of the perfect storm created by an increased demand for professional services and a shortage of qualified candidates, recruiting firms search for permanent employees on behalf of employers across the nation. These searches are often characterized by non-exclusive contingency agreements wherein a recruiting firm’s entitlement to remuneration is directly tied to successful placement—ranging from 15% to 30% of a candidate’s first year salary. Though communication from interested applicants constitutes the easiest path to placement, passive candidates are quickly becoming the primary target of zealous recruiters. Passive candidates are those currently employed but open to the possibility of changing …
The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.
The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.
St. Mary's Law Journal
Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …
Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi., Tapas Agarwal
Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi., Tapas Agarwal
St. Mary's Law Journal
Abstract Forthcoming.
Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey
Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey
St. Mary's Law Journal
Following the Texas Supreme Court’s rulings in West Oaks Hospital v. Williams and Ross v. St. Luke’s Episcopal Hospital, it remains unclear whether a non-patient’s injury in a hospital constitutes a health care liability claim (HCLC). If the trial court rules the claim is an HCLC, the plaintiff must present expert testimony. Failure to present an expert report within 120 days after filing the suit results in automatic dismissal. The Texas Supreme Court addressed this issue in West Oaks. The Court held that a claimant, suing a hospital under a theory of premise liability, need not be a patient for …
Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez
Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau
Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau
St. Mary's Law Journal
Abstract Forthcoming.
Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett
Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett
St. Mary's Law Journal
Abstract Forthcoming.
How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree
How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree
St. Mary's Law Journal
Abstract Forthcoming.
Professor Aloysius A. Leopold: An Extraordinary Man., Gerry W. Beyer
Professor Aloysius A. Leopold: An Extraordinary Man., Gerry W. Beyer
St. Mary's Law Journal
Abstract Forthcoming.
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson
St. Mary's Law Journal
This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.
Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman
Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman
St. Mary's Law Journal
Abstract Forthcoming.