Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (1676)
- Constitutional Law (1095)
- Legislation (849)
- International Law (806)
- Administrative Law (804)
-
- State and Local Government Law (770)
- Jurisprudence (672)
- Human Rights Law (665)
- Law and Politics (662)
- Health Law and Policy (647)
- Law and Economics (615)
- Legal History (577)
- Courts (562)
- Social Welfare Law (546)
- International Trade Law (545)
- Civil Rights and Discrimination (538)
- Water Law (528)
- Oil, Gas, and Mineral Law (523)
- Environmental Law (520)
- Criminal Law (516)
- Law of the Sea (514)
- Agency (482)
- Litigation (479)
- Land Use Law (469)
- Law and Philosophy (469)
- Food and Drug Law (460)
- Supreme Court of the United States (452)
- Civil Law (450)
- Institution
-
- University of Florida Levin College of Law (520)
- University of Michigan Law School (460)
- Seattle University School of Law (258)
- University of San Diego (249)
- University of Richmond (245)
-
- American University Washington College of Law (198)
- BLR (144)
- Universitas Indonesia (126)
- DePaul University (110)
- Schulich School of Law, Dalhousie University (110)
- Fordham Law School (93)
- Northwestern Pritzker School of Law (91)
- Columbia Law School (79)
- Singapore Management University (76)
- Maurer School of Law: Indiana University (74)
- Georgetown University Law Center (69)
- Vanderbilt University Law School (63)
- University of Arkansas, Fayetteville (62)
- Yeshiva University, Cardozo School of Law (57)
- Brooklyn Law School (51)
- University of Maine School of Law (47)
- University of Georgia School of Law (45)
- Cornell University Law School (44)
- University of Nebraska - Lincoln (34)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (33)
- Touro University Jacob D. Fuchsberg Law Center (32)
- Pepperdine University (30)
- Villanova University Charles Widger School of Law (27)
- Washington and Lee University School of Law (27)
- University of Connecticut (25)
- Keyword
-
- Public Law and Legal Theory (209)
- Jurisprudence (106)
- Law and Society (97)
- Constitutional Law (94)
- Constitution (81)
-
- Law (69)
- Politics (66)
- Regulation (64)
- Constitutional law (60)
- Legislation (58)
- Democracy (52)
- Federalism (52)
- Law and Economics (49)
- Legal theory (48)
- Economics (47)
- Civil Rights and Discrimination (46)
- International Law (46)
- Public law (45)
- Courts (44)
- General Law (44)
- International law (42)
- Public policy (42)
- Discrimination (36)
- Justice (36)
- First Amendment (35)
- United States Supreme Court (34)
- History (33)
- Administrative law (32)
- Human Rights Law (32)
- Property (32)
- Publication Year
- Publication
-
- University of Florida Journal of Law & Public Policy (498)
- Seattle University Law Review (248)
- California Regulatory Law Reporter (217)
- Richmond Public Interest Law Review (205)
- Sustainable Development Law & Policy (175)
-
- Michigan Law Review (170)
- Faculty Scholarship (157)
- Articles (135)
- ExpressO (131)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- DePaul Journal for Social Justice (109)
- Research Collection Yong Pung How School Of Law (76)
- Georgetown Law Faculty Publications and Other Works (65)
- Northwestern University Law Review (60)
- Articles, Book Chapters, & Popular Press (54)
- Journal of Food Law & Policy (47)
- Dalhousie Law Journal (43)
- Cornell Law Faculty Publications (40)
- Vanderbilt Law Review (40)
- Maine Law Review (39)
- Michigan Journal of International Law (38)
- Fordham Law Review (37)
- Law & Economics Working Papers (37)
- Review of law sciences (33)
- Fordham Environmental Law Review (31)
- University of San Diego Public Law and Legal Theory Research Paper Series (27)
- Touro Law Review (25)
- Florida Atlantic University Undergraduate Law Journal (24)
- UF Law Faculty Publications (22)
- Brooklyn Journal of International Law (21)
- Publication Type
- File Type
Articles 1201 - 1230 of 4189
Full-Text Articles in Public Law and Legal Theory
Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,, William C.C. Kemp-Neal
Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,, William C.C. Kemp-Neal
Fordham Environmental Law Review
In the mid-1900s the United States began to see a rise in concern for environmental awareness issues. In the early days the movement focused on things like clean air, water and pollution but by the 1970s-1990s many prominent environmental awareness groups began to form focused on the idea that in order to avert climate change the principal goal needed to be to reduce global greenhouse gas emissions. In 1987 a report was released called Toxic Waste and Race, which outlined an intimate link between the placement of environmental hazardous waste sites in communities of color, and greater instances of polluted …
Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force, Eian Katz
Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force, Eian Katz
Fordham Environmental Law Review
Transboundary resource disputes are often analyzed by reference to two nebulous and conflicting principles that have emerged in international environmental law: “equitable and reasonable utilization” and “no significant harm.” Frequently overlooked in this context is the potential value of other canons of international law—especially human rights law, criminal law, and the rules governing the use of force—in adding definition to the muddled contours of these foundational precepts. This Article therefore undertakes an assessment of sovereign rights and obligations regarding shared natural resources which arise from these other bodies of law. In doing so, it offers new lenses through which to …
Squaring The Cercla: Superfund And The Superfund Task Force, Manny Marcos
Squaring The Cercla: Superfund And The Superfund Task Force, Manny Marcos
Fordham Environmental Law Review
The Superfund Task Force recently released its final report on the implementation of its recommendations for improving the Superfund program. The Task Force was given five goals for improving the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA’s”), implementation. These goals are to expedite cleanup and remediation, re-invigorate responsible party cleanup and reuse, encourage foreign investment, promote redevelopment and community revitalization, and engage with partners and stakeholders. While the Task Force’s recommendations have improved CERCLA’s implementation, many of CERCLA’s structural flaws remain intact. Specifically, CERCLA still has a severe shortage of funding, an unfair liability scheme, perverse incentives, …
Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg
Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg
Washington Law Review
For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and building …
Judicial Review Of Non-Statutory Executive Action [Amanda Sapienza, Federation Press, 2020], Wei Yao, Kenny Chng
Judicial Review Of Non-Statutory Executive Action [Amanda Sapienza, Federation Press, 2020], Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Dr. Amanda Sapienza’s “Judicial Review of Non-Statutory Executive Action” (The Federation Press, 2020) is an impressive work of scholarship. It provides a comprehensive and in-depth analysis of various aspects of the law relating to judicial review of non-statutory executive action with a specific focus on Australia, engaging with issues ranging from jurisdiction, justiciability, the conceptual basis for judicial review of non-statutory executive action, and the grounds of review and remedies available for judicial review of such action. While the book is directed primarily at Australian law, the quality and detail of the analysis proffered within makes it a worthy read …
Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'Reisa J. Cox
Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'Reisa J. Cox
Honors Projects
This discussion of legal models addressing prostitution evaluates the three predominate models currently implemented worldwide: criminalization, legalization/full decriminalization, and partial decriminalization (also termed the Nordic Model). Specific focus is given to each model’s capacity to maintain nations’ human rights obligations to people in prostitution, specifically the right to free choice of employment, and the right to safe working conditions free of exploitation and coercion. Along with evaluating the origins, structure, strengths, and weaknesses of each, case studies of all three models in practice are incorporated to transition from theoretical to practical evaluation. Each model’s unique design, purported outcomes, and various …
Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum
Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum
DePaul Journal for Social Justice
No abstract provided.
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
DePaul Journal for Social Justice
No abstract provided.
Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri
Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri
DePaul Journal for Social Justice
No abstract provided.
From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry
From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry
DePaul Journal for Social Justice
No abstract provided.
How U.S. Society Has Treated Those With Mental Illnesses, Michael Mullan
How U.S. Society Has Treated Those With Mental Illnesses, Michael Mullan
Richmond Public Interest Law Review
Persons with mental illness are incarcerated in prisons across the United States at disproportionate rates compared to the general population. Under-standing why this is so requires an examination of how society in general has treated persons with mental illnesses. This article relates a history of neglect and stigmatization in examining the entities responsible for care of persons with mental illnesses, including the family, asylums and prisons. The article identifies trends of institutionalization, deinstitutionalization, and transinstitutionalisation, whereby large amounts of inpatients with mental illnesses moved out of psychiatric institutions, into the streets, and then into the criminal justice system. The article …
Pressure On The Trigger Will Now Fire The Weapon: An Examination Of How The Supreme Court, Congress, And Presidents Have Left The Legal Foundation For Executive Detention Akin To The World War Ii Era Internment Of Japanese Americans Largely Intact, Kevan F. Jacobson
Richmond Public Interest Law Review
Contrary to Chief Justice Robert's dicta, Trump v. Hawaii (2018) did not overrule Korematsu v. United States (1944) which upheld the exclusion of Japanese Americans from the West Coast during World War II. Korematsu and its related cases are still troublingly vital. Their expansive reading of the war powers justifying executive detention has been bolstered by the Court's cases addressing detainees held at Guantanamo Bay. Hamdi v. Rumsfeld (2004), which sanctioned the detention of a U.S. citizen pursuant to the Authorization for the Use of Military Force, exposed a fundamental weakness in the Non-Detention Act, the principal statutory barrier to …
From The Exception To The Rule: A Realistic Analysis And Approach For Advancing Board Diversity, Brianne Donovan
From The Exception To The Rule: A Realistic Analysis And Approach For Advancing Board Diversity, Brianne Donovan
Richmond Public Interest Law Review
With companies increasingly promoting diversity and inclusion measures, how are they ensuring diversity and inclusion within their own leadership teams? The landscape for gender diversity within corporate boards is bleak and the landscape for racial diversity is worse. Throw in the intersection of race and gender and the picture becomes even bleaker. In order to combat this corporate governance issue, the U.S. and other countries have primarily focused on three regulatory approaches: (1) the quota system, (2) the disclosure method, and (3) the comply-or-explain approach. This paper addresses each approach (internationally and domestically) to implement greater board diversity for U.S. …
Federal Execution Protocols: Lessons Learned In Grammar And Reverse Federalism, Julianna Meely
Federal Execution Protocols: Lessons Learned In Grammar And Reverse Federalism, Julianna Meely
Richmond Public Interest Law Review
In 2019, the Department of Justice announced that it was ready to restart federal executions and issued a press release outlining how they would proceed. The Press Release dictated that the federal inmates would be injected using a one-drug protocol comprised of the barbiturate pentobarbital. This was a source of controversy as the new federal protocol was not the same protocol used in several states and the federal statute governing executions at the federal level states that federal executions be conducted “in the same manner” as the state in which the execution occurs. This discrepancy sparked litigation in which courts …
Letter From The Editor, Eudora F.S. Arthur
Letter From The Editor, Eudora F.S. Arthur
Richmond Public Interest Law Review
No abstract provided.
Transformation Of The American Legal System: Permanent Measures From Covid-19, John B. Taschner
Transformation Of The American Legal System: Permanent Measures From Covid-19, John B. Taschner
Richmond Public Interest Law Review
The COVID-19 pandemic upended virtually every aspect of everyday life, from grocery stores to judicial procedures. The American judicial process is a unique adversarial system that guarantees the right to confront, often before a live jury. Yet, the necessities of social distancing and protecting public health means that these once unshakeable tenets of the United States justice system have been forced to undergo watershed transformation throughout the pandemic. The word transformation is carefully chosen, as certain measures are no longer temporary. Rather, a fundamental shift in the formerly concrete facets of judicial procedure has occurred – almost certainly never to …
Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers
Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers
Richmond Public Interest Law Review
Over the last several years, there has been a vigorous debate as to whether monuments and memorials of Confederate leaders and controversial historical figures should be purged from the public square. These conversations have included former Supreme Court justices and have led to the removal of multiple statues of former Chief Justice Roger Taney, author of the infamous “Dred Scott” decision. Drawing on the arguments mounted for and against the removal of statues, this article explores the decision of a small liberal arts college to strip the name of former Supreme Court Justice James Clark McReynolds from a campus building. …
United States Penal System: Approaches To Rehabilitating Minor Drug Offenders And The Efforts Of Governments To Reduce The Number Of Incarcerated Individuals, Thomas Tyler Moses
United States Penal System: Approaches To Rehabilitating Minor Drug Offenders And The Efforts Of Governments To Reduce The Number Of Incarcerated Individuals, Thomas Tyler Moses
Richmond Public Interest Law Review
The War on Drugs drastically changed the criminal treatment of illicit drug users in the United States. Changes in the 1980s brought about stricter sentencing laws for simple possession of unlawful substances. While the intent of the legislature was to prevent repeat offenders through the imposition of harsher penalties, these sterner consequences have forced countless individuals into a vicious cycle of incarceration without being offered the rehabilitative services needed to address substance abuse or addiction. Historically, the legal system has treated minor drug offenders in the same regard as those committing violent crimes. Inmates leaving American prisons often find themselves …
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Organic Waste Bans: Beyond The Compost Heap, David Lee
Organic Waste Bans: Beyond The Compost Heap, David Lee
Journal of Food Law & Policy
Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …
The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson
The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson
Journal of Food Law & Policy
Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …
Farm And Food Worker Inequity Exposed And Compounded By Covid-19, Kimberly M. Bousquet
Farm And Food Worker Inequity Exposed And Compounded By Covid-19, Kimberly M. Bousquet
Journal of Food Law & Policy
Of the 2.4 million farm-working laborers in the United States, upwards of 73% are immigrants. And, according to the Economic Policy Institute, immigrants make up nearly 22% of all workers in the U.S. food industry, including 27% of food production workers, 37% of meat processing industry workers, 34% of commercial bakery workers, and 31% of fruit and vegetable preservation work. Another study found that “[p]eople of color make up the majority of essential workers in food and agriculture (50%) and in industrial, commercial, residential facilities and services (53%).” Many of these workers--if not the majority in some sectors--are undocumented and/or …
Understanding Modern History Of International Food Law Is Key To Building A More Resilient And Improved Global Food System, Michael T. Roberts
Understanding Modern History Of International Food Law Is Key To Building A More Resilient And Improved Global Food System, Michael T. Roberts
Journal of Food Law & Policy
This article advocates the need for a history of the development of modern international food law and suggests an analytical approach to complement the chronicling of events. Comprehension of this history will help elucidate the evolution of a complicated modern global food system, including its resiliency and vulnerability as demonstrated by Covid-19, thereby providing valuable context for change in the system where needed. This essay makes the case for such a history in three parts. First, it briefly demonstrates the need for a historical perspective through a critical examination of a journal article that speaks to Covid-19 food security in …
Iowa Land And Landowners: Fear Or Opportunity, Neil D. Hamilton
Iowa Land And Landowners: Fear Or Opportunity, Neil D. Hamilton
Journal of Food Law & Policy
Our relation to the land changed as modern agriculture changed. Today many issues involving the land seem to focus on fear and conflict, revealing a fragility of agriculture surprising for how it confounds the expected image of strength and stability. In many ways, our fragile relation to the land contrasts to the optimism of the relation in the past, in the years of settlement and expansion. Part of the change reflects the adverse impacts of modern agriculture catching up with us, and part stems from a society more willing to focus on issues of equity, inclusion, and inequality. The good …
Addressing Food Insecurity In The United States During And After The Covid-19 Pandemic: The Role Of The Federal Nutrition Safety Net, Sheila Fleischhacker, Sara N. Bleich
Addressing Food Insecurity In The United States During And After The Covid-19 Pandemic: The Role Of The Federal Nutrition Safety Net, Sheila Fleischhacker, Sara N. Bleich
Journal of Food Law & Policy
Food insecurity has been a direct and almost immediate consequence of the coronavirus disease 2019 (COVID-19) pandemic and its associated ramifications on unemployment, poverty and food supply disruptions. As a social determinant of health, food insecurity is associated with poor health outcomes including diet related chronic diseases, which are associated with worst COVID-19 outcomes (e.g., COVID-19 patients of all ages with obesity face higher risk of complications, death). In the United States (US), the federal nutrition safety net is predominantly made up of the suite of 15 federal nutrition assistance programs that the US Department of Agriculture (USDA) administers and …
Suspect Spheres, Not Enumerated Powers: A Guide For Leaving The Lamppost, Richard Primus, Roderick M. Hills Jr.
Suspect Spheres, Not Enumerated Powers: A Guide For Leaving The Lamppost, Richard Primus, Roderick M. Hills Jr.
Michigan Law Review
Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration do work that it will not do, decisionmakers should find better ways of thinking about what lawmaking should be done locally rather than nationally. This Article suggests such a rubric, one that asks not whether Congress has permission to do a certain thing but whether a certain …