Law and Society Commons^™

Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin

Articles

When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.

Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …

The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks

Articles

The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

Measuring The Creative Plea Bargain, Thea B. Johnson

Faculty Publications

A great deal of criminal law scholarship and practice turns on whether a defendant gets a good deal through plea bargaining. But what is a good deal? And how do defense attorneys secure such deals? Much scholarship measures plea bargains by one metric: how many years the defendant receives at sentencing. In the era of collateral consequences, however, this is no longer an adequate metric as it misses a world of bargaining that happens outside of the sentence. Through empirical research, this Article examines the measure of a good plea and the work that goes into negotiating such a plea. …

The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica

Faculty Publications

The lack of available resources to make civil justice available to all, coupled with the fact that existing strategies fail to account for the research on cognitive capacity and other deployment challenges faced by the poor, explain in large part why a high percentage of low-income individuals facing legal problems fail to take action to respond to their legal problems. Such a failure to respond in a timely fashion to a nascent legal problem can lead to an escalation of the initial problem and the emergence of new ones.

The access-to-justice community has begun to respond to this intensifying crisis …

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick

All Faculty Scholarship

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …

Adjudicating Death: Professionals Or Politicians?, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

Variation exists in how death examinations take place in the United States. In some counties and states decisions about autopsies and the issuance of death certificates are made by a local coroner who often needs nothing more than a high school diploma to run for election to the job of coroner. In other counties and states, an appointed medical professional performs the death examination. We provide preliminary tests of the difference in performance between death examination offices run by appointed medical professionals compared with elected coroners. We find that death examiner offices in elected coroner states are less likely to …

Rock, Paper Scissors…Loot!, Michael A. Mogill

Faculty Scholarly Works

No abstract provided.

The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes, Tamara J. Patterson

Kentucky Law Journal

No abstract provided.

Are Legal Disputes Just About The Money? Answers From Mediators On The Front Line, Hal Abramson, Bennett G. Picker, Bill Marsh, Birgit Sambeth Glasner, Jerry Weiss

Cardozo Journal of Conflict Resolution

This Article offers insights from four mediators at the front line of mediation practice-two from the United States and two from Europe. They are not part-time mediators with safe day jobs. Mediating is their day job. They are all Distinguished Fellows of the International Academy of Mediators ("IAM").

Collectively, they present a mindset for mediating that affords opportunities for uncovering needs and options that go beyond the presenting financial demands. Drawing on their years of experience, each contributor describes and illustrates how mediators can and must dig beneath the presenting claims to succeed in really resolving a dispute.

Each contribution …

The Role Of The State Towards The Grey Zone Of Employment: Eyes On Canada And The United States, Susan Bisom-Rapp, Urwana Coiquaud

Faculty Scholarship

In most countries, precarious working is on the rise and nonstandard forms of work are proliferating. What we call the “grey zone” of employment is generated by transformations at and with respect to work both in standard and nonstandard forms of working. Focusing on legal and policy regulation, and on the role of the state in the creation and perception of the grey zone, our contribution explains the way the government acts or fails to act, and the consequences of that activity or inactivity on the standard employment relationship. Examining and juxtaposing conditions in our two countries, Canada and the …

Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson

Journal Articles

In 1964, while delivering his "Great Society Speech"' at the University of Michigan, President Lyndon B. Johnson stated that, "[e]ach year, more than 100,000 high school graduates, with proven ability, do not enter college because they cannot afford it." 2 In 1964, there were 1,037,000 students enrolled in college, according to the National Center for Education Statistics (NCES). 3 By 1965, President Johnson signed into law the Higher Education Act4 (HEA or the Act). "[T]he Act sought to bridge the ... gap for [economically and socially disadvantaged] citizens ... by providing [them] the means to pursue higher education." 5 The …

The Death Of The Firm, June Carbone, Nancy Levit

Faculty Works

This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …

Why Can't They Settle? The Psychology Of Relational Disputes, Harry L. Munsinger, Donald R. Philbin Jr.

Cardozo Journal of Conflict Resolution

Business partners, spouses, and employees all make deals. Whether this means surgeons forming a partnership, spouses dividing child care responsibilities, or prospective workers negotiating terms of employment, everyone negotiates deals. Many of those deals will change by friendly amendment, modified course of dealing, or amicable termination. Some will result in disputes of varying intensity. Our focus is on disputes that not only generate litigation, but lead to the predictably irrational negotiations that resolve most litigated disputes. In other words, we explore what happens when people move from the romance phase of in-group behavior, where they assume the best of others, …

Where Sex Offender Registration Laws Miss The Point: Why A Return To An Individualized Approach And A Restoration Of Judicial Discretion In Sentencing Will Better Serve The Governmental Goals Of Registration And Protect Individual Liberties From Unnecessary Encroachments, Justin P. Rose

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Beyond Beyond Conjugality, Brenda Cossman, Bruce Ryder

Canadian Journal of Family Law

No abstract provided.

Book Review: D’Un Océan À L’Autre . . . Recension De Nicole Laviolette Et Julie Audet, L’Essentiel Du Droit De La Famille Dans Les Provinces Et Territoires De Common Law Au Canada, Régine Tremblay

Canadian Journal of Family Law

No abstract provided.

Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, Donna Martinson, Margaret Jackson

Canadian Journal of Family Law

Access-to-justice studies initiated by Canadian lawyers and judges in the past four years have described the urgent need for family law reform. Reports from the studies discuss the need for a cultural shift—a fresh approach and a new way of thinking—in the reform process. A Roadmap for Change, the final report of the National Action Committee on Access to Justice, emphasizes the importance of providing justice, not just access: "Providing justice—not just in the form of fair and just process, but also in the form of fair and just outcomes—must be our primary concern." This article deals with the need …

Addressing Controversies About Experts In Disputes Over Children, Nicholas Bala, Rachel Birnbaum, Carly Watt

Canadian Journal of Family Law

There is significant controversy about the use of experts in child-related disputes in family and child protection proceedings in Canada. The 2015 Lang Review of the Motherisk Laboratory at Toronto's Hospital for Sick Children concluded that experts retained by child protection agencies were introducing unreliable expert testimony about parental drug and alcohol use. The recent decision of Ontario Court of Appeal in M. v. F. suggested that evidence from a party-retained expert critiquing the opinion of a court-appointed psychologist is "rarely" helpful or admissible. This paper addresses these and related controversies about the use of experts in child-related cases. It …

A Feminist Critique Of Quebec V. A.: Evaluating The Supreme Court's Divided Opinion On Section 15 And Common Law Support Obligations, Natasha Mukhtar

Canadian Journal of Family Law

A case comment on Quebec v. A. In Quebec v. A., the Supreme Court of Canada tackled a Charter challenge to the Civil Code of Quebec. The claimant, A., alleged that the legislation violated her section 15 equality rights by discriminating on the basis of marital status in excluding common law couples from spousal support and division of property upon separation. The Court delivered a lengthy, controversial, and divided decision with three lines of dissent. Ultimately, the exclusion was upheld. Quebec continued to exclude common law couples from the division of property and remained the sole province to …

Book Review: Autonomous Motherhood? A Socio-Legal Study Of Choice And Constraint By Susan B. Boyd, Dorothy E. Chunn, Fiona Kelly, And Wanda Wiegers, Brenda Cossman

Canadian Journal of Family Law

No abstract provided.

Is It Time To Tell? Abolishing Donor Anonymity In Canada, Fiona Kelly

Canadian Journal of Family Law

Over the past two decades, a growing number of donor conceived people have spoken out about the impact of donor anonymity on their health and wellbeing. A significant number of legislatures have responded to these concerns by introducing laws that prospectively (and in one case, retrospectively) abolish donor anonymity. This article considers the increasing pressure on Canadian provinces to end anonymity and introduce registers which enable donor conceived people to access their donor’s identifying information. While the article does not endorse the genetic essentialism that is often a feature of advocacy in the field, it does argue that there are …

Townshend V. Townshend & Buttar V. Buttar: Gifts, Exclusions, And Intentions, Jonathan Robinson

Canadian Journal of Family Law

This comment looks at two fairly recent decisions by the Ontario Court of Appeal, Townshend v Townshend (2012 ONCA 868) and Buttar v Buttar (2013 ONCA 617) with respect to the courts' handling of the exclusion of gifts under section 4(2) of Ontario's Family Law Act (RSO 1990, c F.3). In Ontario, gifts made by third parties outside the marriage to one spouse may be excluded from the calculation of a spouse's Net Family Property (NFP). Property may cease to be excludable if it is not kept separate or if it is used to the benefit of the family. In …

Book Review: A Parent-Partner Status For American Family Law By Merle H. Weiner, Frances E. Chapman

Canadian Journal of Family Law

No abstract provided.

The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold

Kentucky Law Journal

Many expected Fisher v. University of Texas at Austin (Fisher I), 133 S. Ct. 2411 (2013)—an appeal from the Court ofAppeals for the Fifth Circuit upholding the University of Texas at Austin's race-conscious admissions program—to sound the death knell for race-based affirmative action in higher education. Instead, in remanding the case back to -the Fifth Circuit, the Supreme Court of the United States upheld the consideration of race in college admission programs, so long as such use could satisfy strict scrutiny. Nonetheless, Fisher I concerned academics and practitioners with its potentially limiting language, leaving the future of race-based …

Preventing "Going Dark": A Sober Analysis And Resonable Solution To Preserve Security In The Encryption Debate, Eric Manpearl

University of Florida Journal of Law & Public Policy

No abstract provided.

Untilizing Florida's Stance On Domestic Violence Laws Regarding Same-Sex Couples As An Effective Model For National Uniformity, Sara Qureshi

University of Florida Journal of Law & Public Policy

No abstract provided.

Restorative Justice In The Context Of Intimate Partner Violence: Suggestions For Its Qualified Usage As Supplementary To The Criminal Justice System, Avila Stahlman

University of Florida Journal of Law & Public Policy

No abstract provided.

When Social Enterprises Fail, Jonathan Brown

Elisabeth Haub School of Law Faculty Publications

This Article identifies the conflicts between social enterprise legislation and bankruptcy law and presents a normative argument for a legal regime that would harmonize the two. Focusing on benefit corporations, the most widely adopted social enterprise form, this Article observes that existing law leaves uncertainty as to the role of directors at a time of financial distress and will produce outcomes that are at odds with the core goals of social enterprise legislation. Then, drawing on academic proposals for contract-based systems of bankruptcy, this Article argues that just as a firm may opt out of a corporate governance norm of …

Trafficking Rescue Initiatives As State Violence, Sabrina Balgamwalla

Law Faculty Research Publications

No abstract provided.