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Articles 181 - 210 of 363
Full-Text Articles in Law and Society
Sexting And The Fate Of First-Time Offenders In Florida, Bernadette Garcia
Sexting And The Fate Of First-Time Offenders In Florida, Bernadette Garcia
St. Thomas Law Review
This comment addresses the discrepancy posed in Florida's reorganized sexting legislation, Florida Statute section 847.0141, between the sanctions for first-time sexting offending minors and second-time offenders, and the limited resources available to deter minors from recommitting the same offense. To begin, Part II introduces the pervasiveness of sexting among minors, cases of sexting and current sexting legislation in the United States, Florida's stance on sexting between minors, and diversion programming for delinquent youth. Next, Part III addresses Florida's sexting legislation, as well as Florida's different juvenile delinquency prevention programs. Additionally, Part IV analyzes the changes to Florida's sexting statute, Florida's …
Governed By Marriage Law, Deirdre Mcgowan
Governed By Marriage Law, Deirdre Mcgowan
Books/Book Chapters
Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but the assumptions of stability and care it entails are also useful to government. As a result, marriage law has, both historically and in the present, been offered as the solution to a range of social problems. Using Ireland as a case study example, this essay focuses on the problems which marriage law reform has attempted to address and the political frameworks within which reform took place. It suggests that marriage law is …
Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson
Extra! Extra! New Housing Developments Lead Coyotes To Homelessness And Violence With Humans, Joseph Simpson
Animal Law Review
As city sprawl spreads into less-developed rural regions, these new residents enjoy living close to nature but also put their pets and children at risk of encountering dangerous wildlife, such as coyotes. Cities have a variety of options, legal and otherwise, to regulate human and coyote behavior in order to reduce conflict. This Article analyzes the situation in the cities of Chino Hills and Yorba Linda, two southern California communities on the edge of Chino Hills State Park that have received local media attention for human–coyote interactions. Growing cities can use zoning to separate coyotes from humans and avoid drawing …
Protest Is Different, Jessica L. West
Protest Is Different, Jessica L. West
University of Richmond Law Review
No abstract provided.
Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell
Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell
Department of Sociology: Faculty Publications
This paper addresses how the law affects LGBQ-parent families. We first outline the legal landscape that LGBQ parents face in the US, underscoring that it varies drastically by state and creates inequity for families. Reviewing existing social science research, we then address how the law affects three processes for LGBQ people: desiring parenthood, becoming a parent, and experiencing parent- hood. Our review indicates that the law affects if and how LGBQ people become parents. LGBQ people consider the law as they make decisions about whether to pursue adoption, donor insemination, or surrogacy and often view the latter two pathways as …
Politics At Work After Citizens United, Ruben J. Garcia
Politics At Work After Citizens United, Ruben J. Garcia
Loyola of Los Angeles Law Review
There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …
When Extrinsic Incentives Displace Intrinsic Motivation: Designing Legal Carrots And Sticks To Confront The Challenge Of Motivational Crowding-Out, Kristen Underhill
When Extrinsic Incentives Displace Intrinsic Motivation: Designing Legal Carrots And Sticks To Confront The Challenge Of Motivational Crowding-Out, Kristen Underhill
Faculty Scholarship
The rise of “nudges” has inspired countless efforts to encourage individual choices that maximize personal and collective welfare, with a preference for less restrictive tools such as setting default options or reordering choice sets. As part of this trend, there has been renewed interest in the behavioral impacts of incentives – namely, rewards or penalties for shaping individual choices, including but not limited to financial incentives. Explicit incentives are pervasive in the law, including carrots offered by governments (for example, tax deductions for charitable contributions, rebates for recycling, sentence reductions for prisoners who complete drug rehabilitation programs, and incentives for …
Law, Religion, And The Purpose Of The University, John D. Inazu
Law, Religion, And The Purpose Of The University, John D. Inazu
Scholarship@WashULaw
This brief essay explores the relationship between law, religion, and the university. Religion asks the fundamental questions of human existence. Law is the means through which we impose our beliefs on our fellow citizens. The particulars of law and religion expose the differences among us. We respond to those differences with chaos, control, or coexistence. Coexistence requires tolerance, humility, and patience, and it requires institutions to habituate these practices within us. It is not clear that this country presently has such institutions, but if we are discover them among us, the university is one possible contender. The people, place, and …
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
CMC Senior Theses
This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …
Defamation: The Play, Roger Williams University School Of Law
Defamation: The Play, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther
On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther
PhD Dissertations
This thesis presents a history of child protection law and jurisprudence in Nova Scotia. The thesis begins by examining the development of the first child protection statute in Canada, the Nova Scotia Prevention and Punishment of Wrongs to Children Act in 1882. The Act was developed amidst a climate of reform in late-19th century Halifax, at the urging of the Society for the Prevention of Cruelty to Animals. The Act, along with a number of other pieces of “domestic relations” legislation at the time, was focused on protecting children in poverty. With the passing of the Act, the legislature not …
17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island
17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
The Dangerous Right To Food Choice, Samuel R. Wiseman
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Seattle University Law Review
This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Seattle University Law Review
Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Seattle University Law Review
Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
Seattle University Law Review
The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …
Lawyered Up: Local Communities, Courts, And Urban Renewal, Madeline Spolin
Lawyered Up: Local Communities, Courts, And Urban Renewal, Madeline Spolin
Sociology Honors Projects
What is the role of the judicial system in solving issues of urban renewal? I propose that communities use courts as a redress to become part of the decision making process on urban renewal issues, because courts provide procedural issues that are easily open to challenge in federal statute. I analyze public statements made throughout the construction of the Green Line in Minneapolis and St. Paul, Minnesota, a federally funded urban renewal project. In spite of built in public consultation processes, changes to transit design do not occur when concerns are raised at public consultation meetings; instead, they come from …
"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak
"'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 …
Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton
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.
Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough
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
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 …
Dedication To Freedom, Emily Houh
Dedication To Freedom, Emily Houh
Faculty Articles and Other Publications
This special volume of the Freedom Center Journal comprises two issues, both dedicated to the tenth anniversary of the National Underground Railroad Freedom Center ("Freedom Center"), which first opened its doors in 2004.
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 …
How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins
How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins
Department of Sociology: Faculty Publications
Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …
The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook
School of Information Sciences Faculty Research Publications
This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The CSCO …
Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek
Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek
Touro Law Review
No abstract provided.
Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter
Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter
Faculty Scholarship
In "Between Facts and Norms" (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system – lifeworld model.
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
NYLS Law Review
No abstract provided.
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Pomona Senior Theses
The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …