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

Law and Society Commons™

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

14,075 Full-Text Articles 11,902 Authors 15,221,855 Downloads 235 Institutions

All Articles in Law and Society

Faceted Search

14,075 full-text articles. Page 1 of 438.

How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin 2027 The University of Akron

How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin

Williams Honors College, Honors Research Projects

This study examines how traditional and social medai shape public perception of U.S. Supreme Court decisions on Civil liberties, focusing on four landmark cases: Dobbs v. Jackson, District of Columbia v. Heller, Materpiece Cakeshop v. Colorado Civil Rights Commission, and Obergfell v. Hodges. Using Entmans framing theory, the research analyzes how tone, language, emphasis, and ideological slant differ across media platofrms and how these frames infleunce public attitudes, insitutional trust, and civic understanding. A mixed-methods design combines archival media analysis, national polling data from Pew Rsearch Center and gallup, and an independent survery to asses how media narratives, rather than …


How Did We Get Here?, Michael J. Klarman 2026 Harvard Law School

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …


Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller 2026 University of California, Davis

Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller

Fordham Law Review

In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …


The Role Of Reliance In Stare Decisis Doctrine, Rochelle Hestnas 2026 Fordham University School of Law

The Role Of Reliance In Stare Decisis Doctrine, Rochelle Hestnas

Fordham Law Review

The U.S. Supreme Court’s recent treatment of reliance interests in stare decisis doctrine is in flux. The Court has overruled long-standing precedent such as Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with scant analysis as to how reliance interests factor into stare decisis doctrine, despite continuing to name reliance as a factor that should be considered. Arguments for whether and how reliance interests deserve protection are inherently challenging because it cannot be the case that every precedent should stand. Using Dobbs v. Jackson Women’s Health Organization as a case study, this Note analyzes the Court’s claim …


Public Libraries, Limited Forums: Critiquing The Fifth Circuit’S Decision In Little V. Llano County, Spencer Emelia Petrick-Knoll 2026 Fordham University School of Law

Public Libraries, Limited Forums: Critiquing The Fifth Circuit’S Decision In Little V. Llano County, Spencer Emelia Petrick-Knoll

Fordham Law Review

Conflicts over the collections of public libraries have become increasingly frequent in the twenty-first century. In 2025, the Fifth Circuit held that library collections are government speech, thereby preventing patrons from challenging book removals. This Note critiques that decision and analyzes which First Amendment doctrine should govern the curation decisions of a public library. It examines the historical evolution of the public library and First Amendment doctrine to argue for classification of the public library’s collection as a limited public forum. This classification allows libraries to make reasonable, viewpoint-neutral decisions about retaining books in their collections while ensuring that viewpoint …


Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer 2026 Fordham University School of Law

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …


The Mirage Of Meta Pixel Code: Redefining Pii In The Era Of Generative Ai, Sophie Venter 2026 Fordham University School of Law

The Mirage Of Meta Pixel Code: Redefining Pii In The Era Of Generative Ai, Sophie Venter

Fordham Law Review

Data privacy laws are intended to put consumers in control of whether their identifying data can be sold and used for targeted advertising. However, these laws do not provide adequate protections in the era of generative artificial intelligence (AI). This Note examines one way that existing privacy law permits companies to profit from selling data for targeted advertising without obtaining user consent: transferring video watching data in a pixel code. Some U.S. Courts of Appeals have determined that these data transfers do not sufficiently identify users and the videos they watched to constitute violations of user privacy. This has led …


Justice Lost And Found Playlist, NJAJ Editorial Board 2026 University of Nebraska - Lincoln

Justice Lost And Found Playlist, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.


Oh No, Don't Let The Rain Come Down..., Mervyn Bennun 2026 University of Nebraska - Lincoln

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.


The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke 2026 Marquette University

The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke

Nebraska Journal on Advancing Justice

No abstract provided.


Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane 2026 University of Arizona

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.


Introduction, Katherine M. Houlden 2026 University of Nebraska - Lincoln

Introduction, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.


Volume 3, Issue 1 Masthead, NJAJ Editorial Board 2026 University of Nebraska - Lincoln

Volume 3, Issue 1 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.


Modern Tribulations Of Modern Trials: Ai-Generated Content Of Deceased Victims At Sentencing And Family Law’S Cure From Ho’Oponopono & Restorative Justice, Ethan Michael Knoll 2026 St. Mary's University

Modern Tribulations Of Modern Trials: Ai-Generated Content Of Deceased Victims At Sentencing And Family Law’S Cure From Ho’Oponopono & Restorative Justice, Ethan Michael Knoll

St. Mary's Law Journal

No abstract provided.


Scenes From An Italian Restaurant: The Difficulties, Concerns, And Effects Of Protecting Cultural Elements In Restaurant Trade Dress, Lauren Lepre 2026 St. Mary's University

Scenes From An Italian Restaurant: The Difficulties, Concerns, And Effects Of Protecting Cultural Elements In Restaurant Trade Dress, Lauren Lepre

St. Mary's Law Journal

No abstract provided.


Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr. 2026 St. Mary's University

Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr.

St. Mary's Law Journal

Federal employment discrimination statutes condition a claimant’s right to sue on timely receipt of a “right-to-sue” notice from the United States Equal Employment Opportunity Commission (EEOC).  Courts have historically treated certified mail slips as sufficient to trigger a claimant’s ninety-day filing window, regardless of when the claimant opened or retrieved the letter.  In the digital era, the EEOC increasingly issues notices through email and its online Public Portal, raising questions about when electronic notice constitutes “receipt.”

This Article examines recent federal appellate court decisions—Lax v. Mayorkas, McDonald v. St. Louis University, and García-Gesualdo v. Honeywell Aerospace of Puerto Rico, …


Containing The Explosion: Proposed Tort Reform To Address Nuclear Jury Verdicts In Texas, Jax Harvey 2026 St. Mary's University

Containing The Explosion: Proposed Tort Reform To Address Nuclear Jury Verdicts In Texas, Jax Harvey

St. Mary's Law Journal

No abstract provided.


Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske 2026 St. Mary's University

Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske

St. Mary's Law Journal

No abstract provided.


On A Collision Course: The Twenty-First Amendment, The Dormant Commerce Clause, And Physical Presence Laws, Burke Craighead 2026 St. Mary's University

On A Collision Course: The Twenty-First Amendment, The Dormant Commerce Clause, And Physical Presence Laws, Burke Craighead

St. Mary's Law Journal

No abstract provided.


Using Lonergan’S Method To Instruct For The Scholar: St. Mary’S Law Review On Race And Social Justice, Mike Martinez Jr 2026 St. Mary's University School of Law

Using Lonergan’S Method To Instruct For The Scholar: St. Mary’S Law Review On Race And Social Justice, Mike Martinez Jr

San Jose - Lonergan Chair in Catholic Philosophy

The Scholar began in the 2000s to bring light to the social justice issues of the day: Hopwood, Proposition 187 in California, Amendment 2 in Colorado, and the aggressive assault on civil rights laws, immigrants’ rights, and bilingual education. The origins of this publication began as a grassroots effort of six law students working to make a difference and contribute to the legal conversation by advocating for traditionally marginalized groups. The vision of the founding editors provided a voice for ethnic minorities, LGBTQ+, immigrants, racial minorities, women, and other disenfranchised groups often silenced in our legal discourse. The concept and …


Digital Commons powered by bepress