Law and Society Commons^™

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 …

Criminal Laws On Sex Work And Hiv Transmission: Mapping The Laws, Considering The Consequence, Sienna Baskin, Aziza Ahmed, Anna Forbes

Faculty Scholarship

Lawmakers historically justify the mobilization of criminal laws on prostitution and HIV as a means of controlling the spread of disease. Over time, however, public health research has conclusively demonstrated that criminal laws on prostitution and HIV significantly impede the ability of sex workers to access services and to live without the stigma and blame associated with being a transmitter of HIV. In turn, mainstream public health approaches to sex work and HIV emphasize decriminalization as a way to improve the lives of sex workers in need of care, treatment, and services. Our current legal system, which criminalizes both prostitution …

Saving Mr. Banks And Other Interest-Based Negotiations, Michael Rogers

Cardozo Journal of Conflict Resolution

The goal of this article is to encourage the use of interestbased negotiations. Some of the stories included will be familiar; others will be fresh. In Getting to Yes, Fisher and Ury identify four principles of negotiation ("principled negotiation") that can be employed effectively in almost any type of dispute resolution: (1) Separate the people from the problem; (2) Focus on interests rather than positions; (3) Invent options for mutual gain; and (4) Insist on using objective criteria. Because focusing on interests is the second step identified in Getting to Yes, and inventing options for mutual gain is the …

Enhancing The Community Relations Service Arsenal: A Restorative Justice Solution For Community Conflicts With Local Law Enforcement That Have A Race-Relations Basis, David B. Rabbani

Cardozo Journal of Conflict Resolution

This Note proposes that restorative justice should be incorporated by the CRS to promote fairness and to foster a change in the definition of success for the agency to include more permanent and inspiring solutions that have the potential to prevent conflict in other parts of the country. Part A of Section II provides background on the shooting of Michael Brown and the reaction in both Ferguson and the U.S. in general along with perceptions and facts about race-relations in Ferguson. Part B of Section II focuses on the CRS and its creation, history, and methods. Part C of Section …

Reform Of Family Justice: Children's Dispute Resolution In Hong Kong, Katherine Lynch

Cardozo Journal of Conflict Resolution

This article discusses evolving family justice system reforms in Hong Kong and the inherent problems that persist with the system, particularly as they relate to the resolution of disputes involving children.1 9 The important initiatives of the Hong Kong Judiciary are highlighted (including the various mediation practice directions issued and pilot schemes established), along with challenges of legislative reform in the family justice area. Underlying all of this are the various paradigm shifts occurring within family justice systems, including the emergence of the "shared or joint parental responsibility" concept, the increased use of ADR processes for children's issues outside of …

Laudato Si's Challenge To Social Conscience: Society And Nature Together, Cardinal Peter Ka Turkson

Intercultural Human Rights Law Review

My remarks will explore several chapters of Laudato si'. First, what is happening to our common home? Let's ask this question, the title of the 1st chapter of the Encyclical, about your home state of Florida. Next, we shall examine integral ecology, following Pope Francis especially in the 4th chapter of Laudato si'. This leads up to the main features of ecological conversion as portrayed in the 6th chapter. After looking briefly at how such conversion is played out in the U.S.A., we conclude by reflecting on the role of the Church and of a Catholic university like St. Thomas.

Colloquy Between State Senators Jamilah Nasheed (Mo) And Dwight Bullard (Fl)

Intercultural Human Rights Law Review

SYMPOSIUM: THE POWER OF A VOICE: REWRITING POLICY AND IMPLEMENTING CHANGES THROUGH PROTEST MOVEMENTS

COLLOQUY BETWEEN STATE SENATORS JAMILAH NASHEED (MISSOURI) AND DWIGHT M. BULLARD (FLORIDA)

Yearning To Belong: Finding A Home For The Right To Academic Freedom In The U.N. Human Rights Covenants, Klaus D. Beiter, Terence Karran, Kwadwo Appiagyei-Atua

Intercultural Human Rights Law Review

Academic freedom is generally considered a human right, both nationally and internationally. However, no legally binding international human rights instrument-neither at the global nor the regional level-provides express protection for this right; this includes the two most important global human rights treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of 1966. This begs the question: Does the right to academic freedom not-even so--have a "home" in either or both of the U.N. Human Rights Covenants? Can and should academic freedom be protected as part of the right to …

Criminal Labor Law, Benjamin Levin

Scholarship@WashULaw

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …

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 …

What Are Tax Havens And Why Are They Bad?, Conor Clarke

Scholarship@WashULaw

This essay reviews Gabriel Zucman's The Hidden Wealth of Nations: The Scourge of Tax Havens. Zucman's important new book brings clarity to a confusing subject -- but occasionally does so at the expense of nuance. My review has three goals. First, I summarize and appraise Zucman's central findings, and re-estimate his revenue-loss totals for the United States using tax-rate assumptions that I believe are more realistic. Second, I position Zucman's findings against the backdrop of the wider literatures on tax havens and inequality, and attempt to answer the two questions in this essay's title. Third, I comment on Zucman's call …

One Last Word On The Blackstone Principle, Daniel Epps

Scholarship@WashULaw

In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …

Fashioning Children: Gender Restrictive Dress Codes As An Entry Point For The Tans School To Prison Pipeline, Deanna J. Glickman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Double Counting: The Appropriate Application Of The Vulnerable Victim Enhancement For Child Sex Offenders, Amy Yoon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Affordable Care Act Fails For Lack Of Uniformity, Steven J. Willis, Hans G. Tanzler Iv

University of Florida Journal of Law & Public Policy

No abstract provided.

Still Searching For The Tzutzu Flower: Cautions Against Extending The Federal Analogue Act Of 1986, Audrey Redford

University of Florida Journal of Law & Public Policy

No abstract provided.

Copyright Infringement And The Fair Use Defense: Navigating The Legal Maze, Daniel P. Fernandez, H. Wayne Cecil, Alex R. Figares

University of Florida Journal of Law & Public Policy

No abstract provided.

Rated "M" For Misleading: How Deceptive, Anti-Consumer Practices In The Videogame Industry Became The New Norm, Luis Baez

University of Florida Journal of Law & Public Policy

No abstract provided.

Other Markets, Other Costs: Modernizing Antitrust, Jeffrey L. Harrison

University of Florida Journal of Law & Public Policy

No abstract provided.

Fixing Witness Oaths: Shall We Retire The Rewarder Of Truth And Avenger Of Falsehood?, Allan W. Vestal

University of Florida Journal of Law & Public Policy

No abstract provided.

"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Accomodation Statutes, Sexual Orientation And Religious Liberty: Free Access Of Free Exercise?, Lucien J. Dhooge

University of Florida Journal of Law & Public Policy

No abstract provided.

Emerging Clinical Research Demonstrates The Importance Of Adhering To Federal Sentencing Guidelines For Defendants Convicted Of Possession Of Child Pornography, Margaret A. Beck

University of Florida Journal of Law & Public Policy

No abstract provided.

Guerilla Warefare: The Importance Of Pharmaceutical Company Support, Or Lack Thereof, In The Constitutionality Of The Death Penalty In The United States, Megan Doyle

University of Florida Journal of Law & Public Policy

No abstract provided.

Reputation Will Teach The Sharing Economy To Share, Daniel K. Mcdonald

University of Florida Journal of Law & Public Policy

No abstract provided.

The Battle Of Disclosure Versus Privacy: Corporate Executives' Personal, Private Facts, Thomas Lair

University of Florida Journal of Law & Public Policy

No abstract provided.

These Aren't The Fees You're Looking For: Why Attorney's Fees Should Not Open The Door To Federal Court, Clay Weinstein

University of Florida Journal of Law & Public Policy

No abstract provided.

It's Not (Fundamentally) Fair!: The Right To Counsel On The Immigration Consequences Of Juvenile Misconduct, Joanna C. Kloet

University of Florida Journal of Law & Public Policy

No abstract provided.

Navigating Ground Zero: Immigration In The Fallout Of Mellouli And Johnson, Chris Tribbey

University of Florida Journal of Law & Public Policy

No abstract provided.

Why The Fbi's Justifiable Homicide Statistics Are A Misleading Measure Of Defensive Gun Use, Clayton E. Cramer

University of Florida Journal of Law & Public Policy

No abstract provided.