Law and Society Commons^™

Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.

The New Labor Law, Kate Andrias

Articles

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …

Cultural Democracy And The First Amendment, Jack M. Balkin

Northwestern University Law Review

Freedom of speech secures cultural democracy as well as political democracy. Just as it is important to make state power accountable to citizens, it is also important to give people a say over the development of forms of cultural power that transcend the state. In a free society, people should have the right to participate in the forms of meaning-making that shape who they are and that help constitute them as individuals.

The digital age shows the advantages of a cultural theory over purely democracy-based theories. First, the cultural account offers a more convincing explanation of why expression that seems …

Legislating Tolerance: Article 976 Of The Civil Code Of Quebec And Its Application To Mixed-Income And Mixed-Use City Redevelopment Projects, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

I first examine the increasing need for tolerance required for the cultural sustainability of city redevelopment projects that seek to establish communities of a mixed-use or mixed-income variety. Next, some difficulties that arise in terms of inequality, clashing differences, and a lack of inclusion felt by those within these redeveloped spaces in the urban cores of our cities are discussed with reference to Boaventura de Sousa Santos’s notion of cosmopolitan legal struggles and the subaltern cosmopolitan contact zones generated within the small social spaces of mixed-use and mixed-income developments in the urban core. I then undertake a discussion of article …

Normalizing "Erie", Suzanna Sherry

Vanderbilt Law Review

This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines-such as the dormant commerce clause, implied preemption, federal preclusion law, and certain special "enclaves" of federal common law courts will displace state law to protect federal interests even when neither Congress nor the Constitution clearly articulates those interests. But under the Eric doctrine, the Supreme Court has mandated exactly the opposite approach: state law trumps federal interests unless those interests have been legislatively codified. This striking anomaly has not been noticed, in part because the voluminous …

The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox

Independent Study Project (ISP) Collection

In the wake of the Lord’s Resistance Army (LRA) conflict in Northern Uganda, both the local and international community struggle to define the “victims” and “perpetrators” of a conflict that transformed ordinary civilians into combatants. Made up primarily of child soldiers, the LRA forcefully abducted and conscripted children across Northern Uganda to fight in a guerilla war against the Ugandan government. LRA members were forced to murder their own families and terrorize their home villages in an attempt to disorient and desensitize them to lives of violence. Some became willing, even eager fighters; others struggled daily to live with their …

Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow

Loyola of Los Angeles Law Review

No abstract provided.

Technological Opacity, Predictability, And Self-Driving Cars, Harry Surden, Mary-Anne Williams

Cardozo Law Review

Autonomous or "self-driving" cars are vehicles that drive themselves without human supervision or input. Because of safety benefits that they are expected to bring, autonomous vehicles are likely to become more common. Notably, for the first time, people will share a physical environment with computer-controlled machines that can both direct their own activities and that have considerable range of movement. This represents a distinct change from our current context. Today people share physical spaces either with machines that have free range of movement, but are controlled by people (e.g. automobiles) or with machines that are controlled by computers, but highly …

An Argument Against Civil Marriage, J. David Bleich

Articles

The article argues against the legal recognition of civil marriage, particularly in the context of same-sex marriage as upheld by the Supreme Court in Obergefell v. Hodges. The author contends that legal recognition of same-sex marriage conflates moral approval with legal neutrality, leading to potential conflicts between individual conscience and state mandates. Drawing on Talmudic principles and historical legal precedents, the article advocates for the abolition of civil marriage and proposes an alternative system of designating "close friends" for legal purposes to avoid such conflicts.

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Faculty Scholarship

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

Studi Sosio-Legal Terhadap Ketertiban Dan Ketentraman Di Kabupaten Sidoarjo, Victor Imanuel W. Nalle

Jurnal Hukum & Pembangunan

Peace and order is a city needs. Achievement of these needs by local governments through regulatory instruments, namely the Regional Regulation. Sidoarjo regency set through Peraturan Daerah No. 10 of 2013. This study through socio-legal approach has been assessing the condition of the aspects that affect the implementation of the local regulation and constraints. This study shows that there are gaps in the understanding of the urgency of the substance of Peraturan Daerah No. 10 of 2013 for the public interest. In addition, conditions of law enforcement structures and culture of the people do not support the implementation of the …

Natural And Moral Obligations, Pedro F. Entenza-Escobar

The Catholic Lawyer

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

Newsroom: Horwitz Addresses Rally For Homeless 09/15/2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause

Fidei et Veritatis: The Liberty University Journal of Graduate Research

For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to be …

Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University

School of Law Conferences, Lectures & Events

No abstract provided.

Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo

Southern African Journal of Policy and Development

The realisation of Children’s Rights and the right to education, in particular, have for quite long left the children of the Global South at a crossroads. The ideal of a childhood free from work has in itself become a barrier to access this social good. As such, due to their country’s minimal or non-existent educational funding and family abject poverty, some children in the Global South have realised that adopting a pragmatic strategy of combining school and work is the only feasible solution. This study, therefore, examines the interface between children’s work and schooling in the Global South.

Forgiveness, Blame, And Punishment, James Staihar

Buffalo Public Interest Law Journal

When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …

The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care, Keli Iles-Hernandez

Buffalo Public Interest Law Journal

No abstract provided.

Legislation's Culture, Richard K. Neumann Jr.

West Virginia Law Review

No abstract provided.

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin

Faculty Articles and Papers

The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …

Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan

DePaul Journal for Social Justice

No abstract provided.

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.

How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman

DePaul Journal for Social Justice

No abstract provided.

What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European …