Law and Society Commons^™

Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

In The Structural Transformation of the Public Sphere, Jürgen Habermas documented the historical emergence and fall of what he called the bourgeois public sphere, which he defined as “[a] sphere of private people come together as a public . . . to engage [public authorities] in a debate over the general rules governing relations in the basically privatized but publicly relevant sphere of commodity exchange and social labor.” This was a space where individuals gathered to discuss with each other, and sometimes with public officials, matters of shared concern. The aim of these gatherings was not simply discourse; these gatherings …

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James W. Diehm

University of Florida Journal of Law & Public Policy

No abstract provided.

Accountable Care Organizations: Realigning The Incentive Problems In The U.S. Health Care System, Nicholas Hodges

University of Florida Journal of Law & Public Policy

No abstract provided.

Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Redefining Professionalism, Rebecca Roiphe

University of Florida Journal of Law & Public Policy

No abstract provided.

The Role Of Climate Change Science And Standing In Climate Change Cases: Analysis And Implications, Susan M. Johns

University of Florida Journal of Law & Public Policy

No abstract provided.

Medical Advice And Vaccinating: What Liability?, Amanda Naprawa, Dorit Reiss

University of Florida Journal of Law & Public Policy

No abstract provided.

Courts' Elusive Search For The Meaning Of Intellectual Disability For Evaluating Atkins Claims, Susan Unok Marks

University of Florida Journal of Law & Public Policy

No abstract provided.

Edvard Much's "The Scream" Screams For Droit De Suite: Why Congress Should Enact A Federal Droit De Suite Statute Governing Artists' Resale Rights In The United States, Jacqueline Pasharikov

University of Florida Journal of Law & Public Policy

No abstract provided.

State Sanctioned Identity Theft: Why Personal Information Contained Within A Homeless Management Information System May Be Subject To Disclosure Under Florida's Public Records Laws, Michael S. Thomas

University of Florida Journal of Law & Public Policy

No abstract provided.

A Bribe New World: The Federal Government Gets Creative In Chasing Foreign Officials For Taking Bribes, Jorge Mestre

University of Florida Journal of Law & Public Policy

No abstract provided.

"When Fire Breaks Out": Recognizing The Inherently Dangerous Activity Of Prescribed Burning In Florida, Miguel Collazo Iii, D. Kent Safriet

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Biological Relationships And Intent V. Waiver In Establishing Protected Parental Rights, Susan M. Johns

University of Florida Journal of Law & Public Policy

No abstract provided.

Proposition Animal Welfare: Enabling An Irrational Public Or Empowering Consumers To Align Advertising Depictions With Reality?, Whitney R. Morgan

University of Florida Journal of Law & Public Policy

No abstract provided.

The New Drone State: Suggestions For Legislatures Seeking To Limit Drone Surveillance By Government And Nongovernment Controllers, Martin Mckown

University of Florida Journal of Law & Public Policy

No abstract provided.

Protecting Volunteers Under Title Vii: Amending The Eeoc Compliance Manual Through Section 553(B) Interpretive Rulemaking, Neil A. Murphy

University of Florida Journal of Law & Public Policy

No abstract provided.

Ain't Too Proud To Beg? Anti-Begging Laws' First Amendment Problem, John W. Fraser

University of Florida Journal of Law & Public Policy

No abstract provided.

Publicity Rules For Public Trusts, Allison Anna Tait

Cardozo Arts & Entertainment Law Journal

That museums are public trusts is a truism in academic discourse and industry discussion. What various commentators mean when they speak about museums as public trusts, however, is less clear. This Article untangles and analyzes the various meanings of "'public trust" and how these meanings translate into regulatory systems. I propose that two predominant meanings-the public resource and trust law meanings-jointly constitute the definition of a public trust, and that each meaning has a consequent regulatory framework. These definitional and regulatory frameworks coexist without conflict in most contexts. In the context of deaccessioning, however, they collide.

Deaccessioning-the practice of a …

Andrew B. Arnold's Fueling The Gilded Age: Railroads, Miners, And Disorder In Pennsylvania Coal Country, Laura Phillips Sawyer

Scholarly Works

Andrew Arnold’s Fueling the Gilded Age explores the struggles for managerial control and economic power that erupted among coal miners, coal operators, and railroad executives in central Pennsylvania between 1872 and 1902. Rather than presenting an unassailable triumph of the railroads’ interests over labor, Arnold argues that the “coal industry defied order” (p. 3) and laborers exhibited “unexpected agency ” (p. 4, emphasis in original) by thwarting the plans of railroad executives to impose managerial capitalism from the top down. Instead, wage earners “refused to accept their designated fate as commodities” (p. 222) and thereby exerted influence on the institutional …

From The Octagon To The Courtroom: The Right To Fight, Subaltern Cosmopolitanism, And Public Interest Litigation As Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

As a new sport, mixed martial arts (“MMA”) has grown wildly in popularity. Yet MMA faces hurdles in legitimization and acceptance through legal, regulatory, and political means. While the MMA community has gone to great lengths to change its image, its internal rules, and regulatory framework—and while most American states and Canadian provinces now legally regulate MMA—certain states, such as New York, continue to ban live professional MMA events.

MMA suffers from a lack of scholarship across many disciplines, including legal scholarship. While the available literature on MMA gradually develops, the minimal legal scholarship related to the matter has concentrated …

No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon

Articles, Book Chapters, & Popular Press

Abstract

Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers across Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers’ scope of practice varies based on a …

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

Rights At Work: Fairness In Personal Work Relations And Restorative Labour Market Regulation, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

By desire or necessity, virtually all of us work for a considerable portion of our lives. Work defines our social status, determines our degrees of health and happiness and underpins our sense of self. The productivity, efficiency and economic significance of the work we do, in aggregate terms, are critical to the prosperity of the societies in which we live. Moreover, fair treatment in our workplaces is an important aspect of our individual well-being and a mark of the civility and decency of our communities. Many of us expect the law to ensure fairness in our work relations; but increasingly, …

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

This paper seeks to address effective aggressiveness and the treatment of aggressive behaviour in the context of MMA in comparison to the balance of the formal Canadian legal landscape. I choose anti-bullying legislation, and its treatment of aggressive behaviour, as a counterexample to the treatment of aggressive behaviour within the MMA regulatory framework. By intertextually linking and superimposing these two categories of legislation, a critical lens drawing on institutional ethnography is applied. This is done to question and deconstruct the differential treatment of aggressive behaviour and the rationale behind the legislative mixed message sent. This lens also allows me to …

Buen Vivir And Subaltern Cosmopolitan Legality In Urban Cultural Governance And Redevelopment Frameworks: The Equitable Right To Diverse Iterations Of Culture In The City And A New Urban Legal Anthropological Approach, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Alternative proposed approaches and reactions to development, such as buen vivir subaltern cosmopolitanism,and a counterhegemonic use of hegemonic legal tools, can be used in the urban municipal redevelopment context where dominant urban redevelopment strategies fail to equitably valuate diverse iterations of culture and subculture. This work uses the city of Toronto, Canada as its central case study, specifically its current focus on "culture" as a redevelopment strategy. It also applies critiques of dominant international development strategies to the local municipal context, and advocates the use of urban legal anthropology and transsystemic approaches in assessing the unequal treatment of different cultural …

Race, Dignity, And The Right To Marry, Robin A. Lenhardt

Fordham Law Review

Justice Kennedy’s majority opinion in Obergefell v. Hodges asserts legal marriage’s capacity to afford same-sex couples a measure of “equal dignity” and belonging too long denied. In this Essay, I ask whether there is any reason to believe that marriage could do the same for African Americans. Could broader entrance into marriage, as some conservatives suggest, provide Blacks—gay and straight—a measure of belonging that has been frustratingly elusive, even as the nation prepares to celebrate the one hundred and fiftieth anniversary of the Thirteenth Amendment’s ratification?

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …

Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic

Brooklyn Journal of International Law

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …