Social and Behavioral Sciences Commons^™

Reality, Drew S. Days, Iii

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …

Was The Corruption Of Civil Rights Law Inevitable, Christopher T. Wonnell

San Diego Law Review

This Article accepts Richard Epstein's premise that civil rights laws have become corrupt set forth in his book Forbidden Grounds: The Case Against Employment Discrimination. Once this corruption is recognized, this Article asks two questions about the change in focus of the antidiscrimination laws: (1) Was it inevitable that the antidiscrimination laws would follow this course?; and (2) If it was inevitable, should we live with the resulting costs, or bite the bullet and repeal antidiscrimination laws in the private economy? This Article discusses considerations pertinent to such answers.

The Discrimination Shibboleth, Andrew Kull

San Diego Law Review

This Article explores a more conservative viewpoint than Richard Epstein's view that all employment antidiscrimination laws should be repealed in his book Forbidden Grounds: The Case Against Employment Discrimination. This Article focuses on the distinctions between current antidiscrimination laws and those of the Civil Rights Act of 1964. While the Civil Rights Act of 1964 prohibited discrimination on the basis of race and sex, current laws prohibit discrimination on many other grounds. The author argues that these new laws constitute new policy choices, and they impose more costs than the traditional laws.

As I Lay Writing: How To Write Law Review Articles For Fun And Profit: A Law-And-Economics, Critical, Hermeneutical, Policy Approach And Lots Of Other Stuff That Thousands Of Readers Will Find Really Interesting And Therefore You Ought To Publish In Your Prestigious, Top-Ten, Totally Excellent Law Review, C. Steven Bradford

Nebraska College of Law: Faculty Publications

You've made it onto a law faculty, and you're wondering what to do. Teaching obviously isn't going to occupy much of your time. You prepare your notes the first year, and you're home free. To fill the gap in your life, why not publish something in a law review?

Publishing an article in a law review is an honor and a privilege. "[L]aw reviews hold a special place of trust and importance in the legal system and in society"; they "play a vital role in the preservation of society." Most important, they make it much easier for a law professor …

Regulation A And The Integration Doctrine: The New Safe Harbor, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Critics have long charged that the Securities Act of 1993 (Act) and the Securities and Exchange Commission (SEC), which administers the Act, are insensitive to the capital formation needs of small businesses. The Act's regulatory regime, it has been argued, is too rigid and expensive and discourages or precludes small businesses from selling securities. In 1992, in reaction to such criticism, the SEC proposed a variety of rule changes designed "to facilitate capital raising by small businesses and reduce the compliance burdens placed on these companies by the federal securities laws." Among these "small business initiatives," adopted in the summer …

Battered Woman Syndrome, Expert Testimony, And The Distinction Between Justification And Excuse, Robert F. Schopp, Barbara J. Sturgis, Megan Sullivan

Nebraska College of Law: Faculty Publications

Robert Schopp and his coauthors, Barbara Sturgis and Megan Sullivan, discuss the practical effects and the viability of the battered woman syndrome as a support for self-defense. The authors detail the conflict inherent in demonstrating the "reasonableness" of the defendants' actions through the premise that she was psychologically impaired. They argue that current research on battered women does not show key characteristics posited by the theory. The authors conclude that, use of the syndrome to support a legal defense is misleading and may harm the credibility of women in their claims of self-defense.

Who Wants To Stop The Church: Homosexual Rights Legislation, Public Policy, And Religious Freedom, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Religions that make peace with the spirit of the age have little to fear from the rulers of the day. But believers who refuse to adapt their religious practices to the Zeitgeist are vulnerable under Smith, unless the Court decides to protect religious pluralism by giving full scope to Smith's exceptions.

I have tried to show that homosexual rights legislation imposes heavy costs on the right of employers and landlords to take character into account when making business decisions. These costs are particularly heavy when borne by religiously-motivated persons, who are declared outlaws merely for trying to obey God …

Institutionalizing A New Legal System In Deng's China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

A Study Of Employee Theft In Hospitals, Elena Castillo-Pekarcik

Theses Digitization Project

No abstract provided.

An Investigation Of Socio-Psychological Factors That Influence Adolescent Gang Membership, Tanja Ballinger

Theses Digitization Project

The purpose of this study was to identify socio-psychological differences in youths who may be at risk to joining gangs.

Comparisons Of Inmate Offense Severity Ratings And Attitudes Toward Rehabilitation, Henry William Provencher

Theses Digitization Project

This thesis examines the attitudes and rehabilitative potential of female inmates in a California state women's prison.

The Comparison Of Victim-Offender Mediation Programs Between China And America, Yang Fang

Theses Digitization Project

No abstract provided.

Against Marriage, Steven K. Homer

Faculty Scholarship

What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …

"It's A Family Affair", Justin P. Brooks, Kimberly Bahna

Faculty Scholarship

No abstract provided.

The Fugitive Dismissal Rule Applied To Pre-Appeal Fugitivity, Jason W. Joseph

Journal of Criminal Law and Criminology

No abstract provided.

1994 General Correspondence, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

Primarily incoming and outgoing letters between DWC chairs and members of the Executive Board, Committees and Task Forces

Asc Annual Meetings, Events And Other Correspondence., American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

18 U.S.C. 924(C)(1)--The Court's Construction Of Use And Second Or Subsequent Conviction, George P. Apostolides

Journal of Criminal Law and Criminology

No abstract provided.

Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman

Journal of Criminal Law and Criminology

No abstract provided.

A Transatlantic Perspective On The Compensation Of Crime Victims In The United States, Desmond S. Greer

Journal of Criminal Law and Criminology

No abstract provided.

Eighth Amendment--The Excessive Fines Clause, David Lieber

Journal of Criminal Law and Criminology

No abstract provided.

Eighth Amendment--Sentencer Discretion In Capital Sentencing Schemes, Daryl Kessler

Journal of Criminal Law and Criminology

No abstract provided.

Habeas Corpus--Retroactivity Of Post-Conviction Rulings: Finality At The Expense Of Justice, Timothy Finley

Journal of Criminal Law and Criminology

No abstract provided.

How Reasonable Is The Reasonable Man: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Journal of Criminal Law and Criminology

No abstract provided.

The Criminal Law And The Luck Of The Draw, Sanford H. Kadish

Journal of Criminal Law and Criminology

No abstract provided.

First Amendment--Penalty Enhancement For Hate Crimes: Content Regulation, Questionable State Interests And Non-Traditional Sentencing, Thomas D. Brooks

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--The Plain Touch Exception To The Warrant Requirement, Susanne M. Macintosh

Journal of Criminal Law and Criminology

No abstract provided.

Fifth Amendment--The Adoption Of The Same Elements Test: The Supreme Court's Failure To Adequately Protect Defendants From Double Jeopardy, Kirstin Pace

Journal of Criminal Law and Criminology

No abstract provided.

Eighth Amendment--Capital Sentencing Instructions, J. Michael Brown

Journal of Criminal Law and Criminology

No abstract provided.

Fourteenth Amendment--The Standard Of Mental Competency To Waive Constitutional Rights Versus The Competency Standard To Stand Trial, Brian R. Boch

Journal of Criminal Law and Criminology

No abstract provided.