Open Access. Powered by Scholars. Published by Universities.®

Law and Society Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6301 - 6330 of 14151

Full-Text Articles in Law and Society

Behind The Nylon Curtain: Social Cohesion, Law, And The Disaggregation Of American Culture, Rebecca Roiphe, Doni Gewirtzman Apr 2016

Behind The Nylon Curtain: Social Cohesion, Law, And The Disaggregation Of American Culture, Rebecca Roiphe, Doni Gewirtzman

Touro Law Review

No abstract provided.


13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law Apr 2016

13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: Are You Sure You're Not Prejudiced? 04-07-2016, Roger Williams University School Of Law Apr 2016

Newsroom: Are You Sure You're Not Prejudiced? 04-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz Apr 2016

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein Apr 2016

Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein

Fordham Urban Law Journal

No abstract provided.


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff Apr 2016

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise Apr 2016

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.


The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead Apr 2016

The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead

Fordham Urban Law Journal

No abstract provided.


Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo Apr 2016

Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo

Fordham Urban Law Journal

No abstract provided.


Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda Apr 2016

Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda

Fordham Urban Law Journal

No abstract provided.


Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray Apr 2016

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin Apr 2016

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch Apr 2016

Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch

PhD Dissertations

Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.

The plight of self-represented litigants (SRLs) offers a revealing glimpse into …


Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten Apr 2016

Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten

Senior Honors Theses

The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …


Book Review Earthcare: Sierra Club Special Publications Of The International Environment, 1972-1976, J. William Futrell Apr 2016

Book Review Earthcare: Sierra Club Special Publications Of The International Environment, 1972-1976, J. William Futrell

Georgia Journal of International & Comparative Law

No abstract provided.


Federalism And State Marijuana Legislation, Dean M. Nickles Apr 2016

Federalism And State Marijuana Legislation, Dean M. Nickles

Notre Dame Law Review

An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws.


Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher Apr 2016

Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher

All Faculty Scholarship

For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services-and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions.

The states' revenue strategies take advantage of the matching-grant structure of the Medicaid program. When state funds are spent on eligible …


Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu Apr 2016

Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu

Maryland Law Review

No abstract provided.


Doug Kahn - A Personal Appreciation, Patricia D. White Apr 2016

Doug Kahn - A Personal Appreciation, Patricia D. White

Articles

No abstract provided.


A Supreme Court Homecoming, George S. Isaacson Apr 2016

A Supreme Court Homecoming, George S. Isaacson

The Journal of Appellate Practice and Process

No abstract provided.


Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin Apr 2016

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara Apr 2016

Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara

Doctoral

Background: In Ireland, under the Criminal Justice (Community Service) 1983 Act, a community service order (CSO) must only be imposed if a custodial sentence has first been considered. In 2011, an amendment to the 1983 Act was made, requiring courts to consider imposing CSOs as alternatives to prison sentences of less than one year. This amendment sought to address the underutilisation of community service, decrease the number of short-term committals, and benefit offenders and communities. Methodology: Administrative data from the Irish Prison and Probation Services pertaining to all cases sentenced to a short-term of imprisonment or CSO between 2011 and …


Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim Apr 2016

Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim

Fordham Law Review

Part I of this Article sets the stage by contrasting two alternative proposals to reform the inside lawyer's role—my reform and Hamermesh's counterreform. Part II discusses the primary empirical disagreements between the two approaches. Part III interrogates the propriety and the utility of invoking the “lawyer as friend” analogy as a model to guide inside counsel's relationships with managers.


Plural Marriage, Group Marriage And Immutability In Obergefell V. Hodges And Beyond, Edward D. Stein Apr 2016

Plural Marriage, Group Marriage And Immutability In Obergefell V. Hodges And Beyond, Edward D. Stein

Articles

For decades, opponents of marriage for same-sex couples have appealed to polygamy. The Chief Justice's dissent in Obergefell is no exception insofar as he says that the logic of the majority opinion with respect to same-sex marriage also applies to plural marriage. This Essay explores the resources for distinguishing polygamy from same-sex marriage, focusing on the mutability or immutability of the desire to engage in plural/group marriage as compared to the desires to marry someone of the same sex. It shows the appeal to immutability does not succeed in distinguishing plural/group marriages from same-sex marriages.


Love Is Love: Why Intentional Parenting Should Be The Standard For Two-Mother Families Created Through Egg-Sharing, Francesca Rebecca Acocella Apr 2016

Love Is Love: Why Intentional Parenting Should Be The Standard For Two-Mother Families Created Through Egg-Sharing, Francesca Rebecca Acocella

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam E. Gilles Apr 2016

Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam E. Gilles

Articles

Partisans on one side of the class action debates argue that the class device is a critical enforcement tool that increases much-needed access to justice. Combatants on the other side scoff that class actions are tools for shaking down corporations for settlement payments and attorneys’ fees in unmeritorious cases. In his most recent book, Entrepreneurial Litigation: Its Rise, Fall and Future, John C. Coffee puts both sides in their place, providing an account that, he aptly tells us, “has long been missing in the literature, in large part because academics writing in this area either have been so ideologically committed …