Law and Society Commons^™

The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall

Cardozo Law Review

Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, Special Weapons and Tactics teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the "wars" on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into …

Adequacy Of Notice Under Cafra: Resolving Constitutional Due Process Challenges To Administrative Forfeitures, Rebecca Hausner

Cardozo Law Review

No abstract provided.

Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

An applicant for leave to bring a statutory derivative action in Singapore is required to satisfy the court as to, inter alia, his good faith. Although the statutory language places the burden of doing so on the applicant, Singapore courts have tended to assume the presence of good faith if the claim is a legitimate one. This approach, which denigrates the requirement of good faith, was recently disapproved by the Singapore Court of Appeal. This notwithstanding, subsequent cases have reverted to the earlier position, casting doubt on the utility of the requirement. This paper considers good faith, and argues that …

Philosophical Inquiry And Social Practice, John Henry Schlegel

Journal Articles

No abstract provided.

Newsroom: Logan On Judicial Diversity, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy

Georgia Journal of International & Comparative Law

No abstract provided.

Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li

Georgia Journal of International & Comparative Law

No abstract provided.

The Constitution And Revenge Porn, John A. Humbach

Pace Law Review

While the Supreme Court has recognized a number of circumstances that justify government impingements on free expression, the Court has been extremely reluctant to permit speech restrictions that discriminate based on a message’s content, its viewpoint, or the speaker. It has nearly always refused to tolerate such discrimination unless the case falls within one of the several historically established exceptions to First Amendment protection. Because of the special place that the modern First Amendment cases accord to content discrimination (and the allied discriminations based on viewpoint and speaker), any statutes designed specifically to outlaw revenge porn as such would seem …

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Pace Law Review

This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.

Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and …

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.

Trending@Rwu Law: Tom Peterson, 2l'S Post: An Alternative Spring Break "Post-Ex", Tom Peterson

Law School Blogs

No abstract provided.

Protecting The Constitutional Right To Counsel For Indigents Charged With Misdemeanors - Testimony Of Erica J. Hashimoto Before The U.S. Senate, Erica J. Hashimoto

Presentations and Speeches

Testimony of Professor Erica J. Hashimoto before the United States Senate Committee on the Judiciary on May 13, 2015 about the denial of the right to counsel in criminal misdemeanor cases. Professor Hashimoto's testimony begins at the 56:10 mark.

How Opting Out Among Women With Elite Education Contributes To Social Inequality, Joni Hersch

Indiana Journal of Law and Social Equality

This paper, written for the 2013−2014 Symposium of the Indiana Journal of Law and Social Equality, expands on my research showing that women who are graduates of elite institutions have lower labor market activity than their counterparts who are graduates of non-selective institutions. I provide new statistics on the relation between status of undergraduate institution and family background, likelihood of earning a professional or graduate degree, earnings, and trends in opting out. These data show that the gap in labor market activity on the basis of educational status was largely unchanged between 2003 and 2010 and that graduation from an …

Evidence-Based Stakeholder Engagement: The Promise Of Randomized Control Trials For Business And Human Rights, Patrick J. Keenan

Indiana Journal of Law and Social Equality

When a large-scale development project comes to a poor country, that project typically comes with a stakeholder engagement plan, which structures the relationship between those affected by the new project and the proponents of the project. The plan sorts those affected by the project into categories, distributes economic benefits differentially based on those categories, allocates other benefits which can increase or decrease the social power of those affected, defines the ways that people harmed by the project may seek redress for their injuries, and might even modify existing governance structures. In the past decade, through the efforts of large institutional …

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …

Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Caitlin "Casey" Judge

Indiana Journal of Law and Social Equality

One of the most pervasive risks LGBT youth face today is the threat of being thrown out of their homes because of their sexual orientation. According to a Massachusetts Youth Risk Behavior Survey, one in four teens that identify as lesbian or gay are homeless. Of the estimated 575,000 to 2.8 million youth that are homeless each year, between 20 percent and 40 percent identify as LGBT. While youth homelessness is most often attributed to neglect, family tragedy, poverty, and addiction, most LGBT youth populations attribute their homelessness directly to their sexual orientation. This suggests that these parents and families …

Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez

Books

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …

The Impact Of Prison Deinstitutionalization On Community Treatment Services, Beverly D. Frazier, Hung-En Sung, Lior Gideon, Karla S. Alfaro

Publications and Research

Background: With one in every 108 Americans behind bars, the deinstitutionalization of prisons is a pressing issue for all those facing the daunting challenges of successfully reintegrating ex-offenders into both their communities and the larger society. Given the strong evidence that treatment services, such as mental/behavioral health, alcohol/substance abuse, and primary healthcare may reduce recidivism, the large number of prisoner releases highlights the need for adequate treatment services in the community. It is within this context that the current study aims to examine the effects of prison deinstitutionalization on community based intervention modalities.

Methods: This study set out to address …

Newsroom: Yeluri '07 On Baltimore Protests, Swapna Yeluri

Life of the Law School (1993- )

No abstract provided.

Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri

Law School Blogs

No abstract provided.

Crossroads: How The Intersection Of Technology, Medicine, And The Law, Impact The Administration Of Healthcare In Florida And Puerto Rico, Casaundra Johnson

University of Miami Inter-American Law Review

No abstract provided.

Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile

Fordham Law Review

    Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members captured on film singing a racist lynching song; race exploded into the nation’s collective consciousness. Even the Starbucks Coffee chain’s recent “Race Together” campaign, intended to promote discussion about race, sparked a controversy and was quickly withdrawn. These and other events have …

The Modern Day Scarlet Letter, Ifeoma Ajunwa

Fordham Law Review

    American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to their effects on the reintegration efforts of the formerly incarcerated and, in particular, formerly incarcerated women. An 1848 case, Sutton v. McIlhany, affirmed collateral legal consequences as constituting an important part of criminal punishment. More recent cases, such as Turner v. Glickman, in which a class of people convicted of drug crimes were subsequently denied food stamps and other government benefits, have upheld the constitutionality of imposing these legal penalties on an individual even after …

Faculty Insights On Educational Diversity, Meera E. Deo

Fordham Law Review

    Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …

The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler

Maryland Law Review

No abstract provided.

Housing Resource Bundles: Distributive Justice And Federal Low-Income Housing Policy, John J. Infranca

University of Richmond Law Review

No abstract provided.

The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake

Political Science Theses and Capstones

The Obama Administration has come under scrutiny by both the public and Congress, since former National Security Agency (NSA) contractor Edward Snowden made known the scope of government surveillance programs being utilized by the U.S. government to gather intelligence on domestic citizens. Snowden’s disclosures about the government’s surveillance practices to the mainstream media began in June 2013. I focus on how public opinion towards the government’s surveillance practices and an individual’s reasonable right to privacy has shifted after revelations made by Edward Snowden on the practices of the NSA. Individuals may show support for more government surveillance in the name …

Keeping The Farm And Farmer In Food Policy And Law, Neil D. Hamilton

Journal of Food Law & Policy

Thank you for the opportunity to be with you, it is always a pleasure to return to the University of Arkansas Law School where I began my teaching career in the fall of 1981. We are pleased Drake University Law School and the University of Arkansas College of Law have built and maintained a partnership on teaching and research that stretches back over three decades. I am especially pleased to be with you as we celebrate the 10th Anniversary of the Journal of Food Law and Policy, another part of the University's pioneering work in the area of food policy …

Native Title In Australia And South Africa: A Search For Something That Lasts, Justin Hunter

University of Miami International and Comparative Law Review

No abstract provided.

Predicting The Future: Our Food System In 2025, Susan A. Schneider

Journal of Food Law & Policy

It has been inspiring participate in the development of food law and policy as a recognized discipline. Over the last ten years, the Journal of Food Law & Policy and the LL.M. Program in Agricultural & Food Law have each played a significant role in that development. And, the landscape continues to evolve. The impact of changing attitudes toward our food system, environmental challenges, public health concerns and other integrated influences are certain to cause a continued evolution in our food system and the legal system that frames it. My task with this essay is to consider our food system …