Forgiveness, Blame, And Punishment,
2016
University of Maryland
Forgiveness, Blame, And Punishment, James Staihar
Buffalo Public Interest Law Journal
When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …
The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care,
2016
University at Buffalo School of Law
The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care, Keli Iles-Hernandez
Buffalo Public Interest Law Journal
No abstract provided.
Legislation's Culture,
2016
Hofstra University School of Law
Legislation's Culture, Richard K. Neumann Jr.
West Virginia Law Review
No abstract provided.
Kain V. Department Of Environmental Protection,
2016
Alexander Blewett III School of Law at the University of Montana
Kain V. Department Of Environmental Protection, Sarah M. Danno
Public Land & Resources Law Review
Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.
The Monopoly Myth And Other Tales About The Superiority Of Lawyers,
2016
University of Connecticut School of Law
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin
Faculty Articles and Papers
The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …
Peter Approved My Visa, But Paul Denied It,
2016
George Mason University
Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan
DePaul Journal for Social Justice
No abstract provided.
Prison Bars On Classroom Doors,
2016
DePaul University
Prison Bars On Classroom Doors, Cornelius Lee
DePaul Journal for Social Justice
No abstract provided.
How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture,
2016
DePaul University College of Law
How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman
DePaul Journal for Social Justice
No abstract provided.
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens,
2016
Golden Gate University School of Law
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2016
DePaul University
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration,
2016
Barry University School of Law
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira
Environmental and Earth Law Journal (EELJ)
In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe,
2016
Barry University School of Law
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb
Environmental and Earth Law Journal (EELJ)
Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European …
Too Many Humans, Dwindling Resources, And Not Enough Space,
2016
Barry University School of Law
Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez
Environmental and Earth Law Journal (EELJ)
This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …
Equal Protection For Animals,
2016
New York University School of Law
Equal Protection For Animals, Pat Andriola
Environmental and Earth Law Journal (EELJ)
This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.
Outliving Love: Marital Estrangement In An African Insurance Market,
2016
University of New Hampshire, Durham
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Anthropology
Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …
Abetting Mass Prison Escape: A Defense,
2016
University of Miami Law School
Abetting Mass Prison Escape: A Defense, David W. Frank
University of Miami Race & Social Justice Law Review
No abstract provided.
“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students,
2016
University of Miami Law School
“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox
University of Miami Race & Social Justice Law Review
No abstract provided.
Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore,
2016
Singapore Management University
Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
The greying of society has become a significant problem in Singapore and many parts of Asia, putting great financial pressure on various aspects of the economy, including the insurance and pension markets. In this article, we generally examine certain key aspect of legal infrastructure in Singapore to see if insurance law and financial regulations in Singapore is well equipped to cope with potential problems from an aging society in the near future. In addition to conventional insurance products, we also explore other ways to hedge the so-called ‘longevity risk’ by alternative risk management products in both the wholesale and retail …
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016,
2016
Roger Williams University
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans,
2016
Seattle University School of Law
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Seattle University Law Review
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …
