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 3 of 438.

History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter 2026 University of Tennessee

History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter

Kentucky Law Journal

No abstract provided.


States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner 2026 University of Nebraska

States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner

Kentucky Law Journal

No abstract provided.


The New Parens Patriae, Meredith Johnson Harbach 2026 University of Richmond

The New Parens Patriae, Meredith Johnson Harbach

Kentucky Law Journal

No abstract provided.


The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese 2026 Virginia Commonwealth University

The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese

Dignity: A Journal of Analysis of Exploitation and Violence

The primary objective of this research is to develop a description and typology of the nature of serious cases of human trafficking and how traffickers, their victims, and consumers (the demand) overlap and interact across locations. This study examines known human trafficking enterprises for which sufficient evidence has been obtained to result in prosecution. These are also serious cases because US federal and international prosecutions result when the offenses are interstate or international in scope. Using a sample of US cases prosecuted over three calendar years (2021-2024), combined with an international sample of cases, an effort is made to develop …


Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change, Dellene Clark 2026 Independent Scholar, South Africa

Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change, Dellene Clark

Dignity: A Journal of Analysis of Exploitation and Violence

Emerging criminological research underscores how the economic drivers of trafficking for sexual exploitation reinforce organised criminal markets while reproducing the structural vulnerabilities of those in prostitution. Using South Africa as a case study, this article argues that evidence-based legislative reform is necessary to confront the systemic conditions that enable exploitation. It contends that achieving substantive equality requires recognising the criminogenic role of sex‑buyer demand in sustaining trafficking pipelines and criminal profitability. The Swedish/Nordic demand‑reduction model illustrates how asymmetrical criminalisation can suppress demand, reduce reliance on trafficked persons, and diminish the financial incentives that underpin organised crime. Such an approach reorients …


Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price 2026 National Center on Sexual Exploitation, USA

Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price

Dignity: A Journal of Analysis of Exploitation and Violence

It is well-documented that legalization and other forms of official protection for prostitution lead to an increase in sex trafficking, including by encouraging demand for prostitution. This paper will consider the relationship between official protection, organized crime, and sex trafficking in pro-prostitution legal regimes, both historical and contemporary. Prostitution is legal in rural counties in Nevada that have fewer than 700,000 residents, if prostitution occurs within a brothel. There is significant overlap between sex trafficking and legal brothel prostitution in Nevada, as well as a nexus to corruption and organized crime, illustrating the normalization of coercion that occurs within legalized …


Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain 2026 Georgetown University Law Center

Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Responding to renewed interest in law school as a path to a career “to do well and do good,” this essay examines Nelson, Dinovitzer, Garth, Sterling, Wilkins, Dawe, and Michelson’s The Making of Lawyers’ Careers and its account of inequality and opportunity in the American legal profession. Based on a 20-year study of more than 2,000 lawyers, the book traces how credentials, race, gender, class, and law school selectivity profoundly shape career trajectories. The essay situates those findings within the divide in private practice between corporate practice and people law and interrogates the professional ideology—rooted in the lawyer’s traditional role …


Trademarks, Functionality, And Competition, Glynn Lunney 2026 Texas A&M University School of Law

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …


Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary 2026 Texas A&M University School of Law

Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary

Faculty Scholarship

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the …


Constitutional Drafting Processes And Constitutional Success, Adam Chilton, Murat C. Mungan, Mila Versteeg 2026 Texas A&M University School of Law

Constitutional Drafting Processes And Constitutional Success, Adam Chilton, Murat C. Mungan, Mila Versteeg

Faculty Scholarship

Several recent constitution-making processes have been celebrated for being participatory, inclusive, and representative. However, many of these processes also failed. We theorize that aspects of these kinds of constitutional drafting processes could reduce the probability of constitutional success. To show why, we construct a “Constitution Drafting game” (CD game) in which representatives from different interest groups must draft a constitution. We consider the case where the probability of constitutional success is single peaked, but the value from successful adoption is increasing in the degree of issue protection chosen. The drafting process then leads to protection choices that are above those …


Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan 2026 University of Rhode Island

Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan

Dignity: A Journal of Analysis of Exploitation and Violence

This article examines human trafficking through the lens of organized crime and explores how this perspective can be applied to contemporary trafficking cases in the United States. While trafficking is often prosecuted as an isolated criminal act, many incidents are linked to larger transnational and domestic organized crime networks. The discussion highlights the activities of notorious syndicates, including international cartels, street gangs, and well-funded networks of sex buyers, demonstrating how these entities exploit vulnerable populations for profit. Reframing human trafficking as a sector within organized crime shifts investigative and prosecutorial strategies away from victim-dependent models, which often require survivors to …


Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier 2026 Savhera Foundation, USA

Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier

Dignity: A Journal of Analysis of Exploitation and Violence

This study investigates the extent to which online sex buyer communities in the United States function as organized criminal networks pursuant to the United Nations Convention against Transnational Organized Crime’s definition of organized criminal groups. Drawing from theories of organized crime, social network analysis, and digital ecosystems, we conceptualize sex buyers not as isolated actors but as participants in coordinated, mutually reinforcing networks that share information to facilitate exploitation, mitigate risk, and sustain criminal behavior. To test this framework, we scraped over 1.2 million posts from a publicly accessible sex buyer forum, comprising 72,974 unique users and nearly 800,000 direct …


Al Shura In Light Of The Concept Of Reality, A Historical, Jurisprudence And Legal Study, Fawzi Adham 2026 Beirut Arab University

Al Shura In Light Of The Concept Of Reality, A Historical, Jurisprudence And Legal Study, Fawzi Adham

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research undertakes an in-depth study of the concept of Shura (Consultation) in Islam from historical, jurisprudential and legal perspectives. It begins by reviewing the concept itself, starting with a realistic understanding of it. This involves defining Shura in its current form, presenting the views of Islamic jurists on the matter, highlighting the methodological flaws in the current understanding, and offering a corrective approach to the pre-Islamic tribal view of Shura. The research also distinguishes between Shura and the concept of Mashurah. Furthermore, it presents the political concept of Shura based on the era of Caliphs Alrashidin, the Umayyad and …


From Minimum To Meaningful: A Use Of Force Training Regimen For Rural Police Departments, Joseph Corley 2026 Minnesota State University Moorhead

From Minimum To Meaningful: A Use Of Force Training Regimen For Rural Police Departments, Joseph Corley

Dissertations, Theses, and Projects

This paper examines how small and rural law enforcement agencies can improve use of force training despite limited staffing, budgets, and training opportunities. Current Minnesota POST Board minimum standards establish baseline requirements but allow significant variation in how agencies develop and deliver training, contributing to inconsistent officer preparedness and skill retention. Drawing on current research in police training, motor skill retention, and scenario based learning, this paper argues that infrequent, skills based training is insufficient for preparing officers to manage dynamic, high risk encounters. The paper proposes an evidence based training regimen centered on two department led use of force …


Iterative Computational Ethnography, Digito-Vernacularisation, And Transcultural Policing In The Global South Asian Communities: An Emergent Research Agenda For Transdisciplinary Hate Studies, Sandhya Irina Fuchs 2026 University of Bristol

Iterative Computational Ethnography, Digito-Vernacularisation, And Transcultural Policing In The Global South Asian Communities: An Emergent Research Agenda For Transdisciplinary Hate Studies, Sandhya Irina Fuchs

Socio-Legal Review

This Article proposes a new transdisciplinary agenda for global hate studies by connecting previously separate debates in anthropology and criminology. It draws on ongoing ethnographic and computational research, which investigates how Hindu nationalist (Hindutva) hate speech originating in India facilitates distinct forms of ethnic and religious exclusion in the United Kingdom and South Africa - two Indian diasporic centres that have recently witnessed escalating Hindu-Muslim conflict in markedly different ways. The Article aims to answer the following question: what forms of transdisciplinary dialogue and conceptual innovation must social scientists engage in to understand how local cultural, legal, and historical factors …


La Réforme Du Droit Des Sociétés : Réforme D'Envergure Ou Simple Toilettage ?, Philippe Merle 2026 Saint Joseph University of Beirut

La Réforme Du Droit Des Sociétés : Réforme D'Envergure Ou Simple Toilettage ?, Philippe Merle

Proche-Orient, Études juridiques

No abstract provided.


قانون رقم ٧٥، تاريخ ٣ نيسان ١٩٩٩، يرمي إلى حماية الملكية الأدبية والفنية, POEJ 2026 Saint Joseph University of Beirut

قانون رقم ٧٥، تاريخ ٣ نيسان ١٩٩٩، يرمي إلى حماية الملكية الأدبية والفنية, Poej

Proche-Orient, Études juridiques

No abstract provided.


Thierry Bonneau, Précis Du Droit Bancaire, Ibrahim Najjar 2026 Saint Joseph University of Beirut

Thierry Bonneau, Précis Du Droit Bancaire, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.


La Cause Dans L’Enrichissement Sans Cause, Elias Chedid 2026 Saint Joseph University of Beirut

La Cause Dans L’Enrichissement Sans Cause, Elias Chedid

Proche-Orient, Études juridiques

No abstract provided.


Environnement Et Droit Agraire Au Liban, Ibrahim Najjar 2026 Saint Joseph University of Beirut

Environnement Et Droit Agraire Au Liban, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.


Digital Commons powered by bepress