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14,096 full-text articles. Page 315 of 439.

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin 2016 New York State Defenders Association

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara 2016 Technological University Dublin

Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara

Doctoral

Background: In Ireland, under the Criminal Justice (Community Service) 1983 Act, a community service order (CSO) must only be imposed if a custodial sentence has first been considered. In 2011, an amendment to the 1983 Act was made, requiring courts to consider imposing CSOs as alternatives to prison sentences of less than one year. This amendment sought to address the underutilisation of community service, decrease the number of short-term committals, and benefit offenders and communities. Methodology: Administrative data from the Irish Prison and Probation Services pertaining to all cases sentenced to a short-term of imprisonment or CSO between 2011 and …


Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim 2016 UCLA School of Law

Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim

Fordham Law Review

Part I of this Article sets the stage by contrasting two alternative proposals to reform the inside lawyer's role—my reform and Hamermesh's counterreform. Part II discusses the primary empirical disagreements between the two approaches. Part III interrogates the propriety and the utility of invoking the “lawyer as friend” analogy as a model to guide inside counsel's relationships with managers.


Disrupting The Path From Childhood Trauma To Juvenile Justice: An Upstream Health And Justice Approach, Yael Cannon, Andrew Hsi 2016 Georgetown University Law Center

Disrupting The Path From Childhood Trauma To Juvenile Justice: An Upstream Health And Justice Approach, Yael Cannon, Andrew Hsi

Georgetown Law Faculty Publications and Other Works

A groundbreaking public health study funded by the U.S. Centers for Disease Control and Prevention (CDC) and the Kaiser Foundation found astoundingly high rates of childhood trauma, including experiences like abuse, neglect, parental substance abuse, mental illness, and incarceration. Hundreds of follow-up studies have revealed that multiple traumatic adverse childhood experiences (or “ACEs”) make it far more likely that a person will have poor mental health outcomes in adulthood, such as higher rates of depression, anxiety, suicide attempts, and substance abuse. Interestingly, the original ACE Study examined a largely middle-class adult population living in San Diego, but subsequent follow-up studies …


Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam E. Gilles 2016 Benjamin N. Cardozo School of Law

Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam E. Gilles

Articles

Partisans on one side of the class action debates argue that the class device is a critical enforcement tool that increases much-needed access to justice. Combatants on the other side scoff that class actions are tools for shaking down corporations for settlement payments and attorneys’ fees in unmeritorious cases. In his most recent book, Entrepreneurial Litigation: Its Rise, Fall and Future, John C. Coffee puts both sides in their place, providing an account that, he aptly tells us, “has long been missing in the literature, in large part because academics writing in this area either have been so ideologically committed …


Plural Marriage, Group Marriage And Immutability In Obergefell V. Hodges And Beyond, Edward D. Stein 2016 Benjamin N. Cardozo School of Law

Plural Marriage, Group Marriage And Immutability In Obergefell V. Hodges And Beyond, Edward D. Stein

Articles

For decades, opponents of marriage for same-sex couples have appealed to polygamy. The Chief Justice's dissent in Obergefell is no exception insofar as he says that the logic of the majority opinion with respect to same-sex marriage also applies to plural marriage. This Essay explores the resources for distinguishing polygamy from same-sex marriage, focusing on the mutability or immutability of the desire to engage in plural/group marriage as compared to the desires to marry someone of the same sex. It shows the appeal to immutability does not succeed in distinguishing plural/group marriages from same-sex marriages.


Love Is Love: Why Intentional Parenting Should Be The Standard For Two-Mother Families Created Through Egg-Sharing, Francesca Rebecca Acocella 2016 Benjamin N. Cardozo School of Law

Love Is Love: Why Intentional Parenting Should Be The Standard For Two-Mother Families Created Through Egg-Sharing, Francesca Rebecca Acocella

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Norma Kesusilaan Sebagai Batasan Penemuan Hukum Progresif Perkara Kesusilaan Di Bangkalan Madura, Hwian Christianto 2016 Faculty of Law Universitas Surabaya

Norma Kesusilaan Sebagai Batasan Penemuan Hukum Progresif Perkara Kesusilaan Di Bangkalan Madura, Hwian Christianto

Jurnal Hukum & Pembangunan

Society definitely have different conception to the norms especially Bangkalan citizen, Madura. Once social case happen, judge confronted to decide according to decency norms. The Bangkalan State Court have arranged decency norm as main basic to judge social case. The decision is accepted as a law product which appoint to justice. This thought is in line with progressive law-founding which underline the essence of society values conception as an exist law. The decision of Bangkalan State Court have kept the social that highly suspended by people in Bangkalan Madura


Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi 2016 Regional Police Headquarter Makassar, South Sulawesi, Indonesia

Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi

Jurnal Hukum & Pembangunan

Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.


Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene 2016 International Association of Privacy Professionals

Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene

Fordham Urban Law Journal

No abstract provided.


Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart 2016 Cornell Law School

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart

Fordham Urban Law Journal

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …


Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo 2016 Elon University School of Law

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.


New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell 2016 Self-Represented Litigation Network

New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell

Fordham Urban Law Journal

No abstract provided.


Access To Justice: A Roadmap For Reform, Deborah L. Rhode 2016 Stanford University

Access To Justice: A Roadmap For Reform, Deborah L. Rhode

Fordham Urban Law Journal

No abstract provided.


Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford 2016 Saint Louis University Law School

Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford

Fordham Urban Law Journal

No abstract provided.


How To Screen For Success In Employment Law Cases, Robert M. Rosen 2016 Touro University Jacob D. Fuchsberg Law Center

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.


Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff 2016 Touro Law School

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer 2016 Touro Law School

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet 2016 Fordham University School of Law

How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet

Fordham Urban Law Journal

No abstract provided.


The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf 2016 University of Florida Levin College of Law

The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf

Fordham Urban Law Journal

No abstract provided.


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