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

Law and Society Commons™

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

14,094 Full-Text Articles 11,910 Authors 15,221,855 Downloads 235 Institutions

All Articles in Law and Society

Faceted Search

14,094 full-text articles. Page 342 of 439.

Flourishing Rights, Wendy A. Bach 2015 University of Tennessee College of Law

Flourishing Rights, Wendy A. Bach

Michigan Law Review

There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …


Juries, Judges, And The Politics Of Tort Reform, David Logan 2015 Roger Williams University School of Law

Juries, Judges, And The Politics Of Tort Reform, David Logan

Law Faculty Scholarship

No abstract provided.


“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon 2015 University of Connecticut - Storrs

“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon

The Quiet Corner Interdisciplinary Journal

The quest of poetic justice carries Marc Falkoff’s 2007 anthology Poems from Guantanamo: The Detainees Speak into the court of public (literary) opinion. While the Pentagon asserts that poetry poses special security risks, and related translation issues may obscure the artistry or message of some of the 17 poets’ verse, Falkoff’s volume nevertheless gives prisoners’ voices a forum in which they might be heard. At the nexus of legal and literary scholarship, poetic voice and its expression become a site of deconstructing identity. The Guantanamo poets invite readers to explore the ways that aesthetics form perceptions of their identity as …


Newsroom: Swapping R&R For Public Service, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Swapping R&R For Public Service, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School of Law 2015 Roger Williams University

Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner 2015 University of Nebraska - Lincoln

The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Librarians in the United States have many professional guideposts to inform their work. A patron's right to privacy is one tenet that tends to be upheld tenaciously, and is informed first by the 4th Amendment to the U.S. Constitution, among other Amendments, as well as Article III of the American Library Association Code of Ethics. Section 215 of the USA PATRIOT Act, the so-called "library provision," contradicts both the 4th Amendment and Article III of the ALA Code of Ethics, making it a weak third leg of a triangle of guideposts. The speaker explains how Section 215 allows for confiscation …


Newsroom: Cohen Named 'Friend Of Justice', Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Cohen Named 'Friend Of Justice', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Locomotives V. Local Motives: The Coming Conflict, Statutory Void, And Legal Uncertainties Riding With Reactivated Rails-To-Trails White River Environmental Law Writing Competition Winner, Matthew J. McGowan 2015 Texas A&M University School of Law

Locomotives V. Local Motives: The Coming Conflict, Statutory Void, And Legal Uncertainties Riding With Reactivated Rails-To-Trails White River Environmental Law Writing Competition Winner, Matthew J. Mcgowan

Student Scholarship

Study after study projects that the United States economy will come to rely more and more on freight rail in the twenty-first century. Few would have predicted the industry's reemergence 30 years ago when Congress, alarmed at the mass exodus from railroad and the resulting anemic rail infrastructure due to abandonment, began passing laws that culminated in 1983 with a rail-banking amendment to the National Trail System Act of 1976. The new statute streamlined the transfer of these rail corridors to private groups for safekeeping in the event railroads once again needed to reactivate the corridors. Since then, parks departments, …


Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid 2015 University of Richmond School of Law

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

University of Richmond Law Review

No abstract provided.


A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth 2015 University of Richmond School of Law

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

University of Richmond Law Review

No abstract provided.


A Friendly Amendment, Larry Yackle 2015 Boston Univeristy School of Law

A Friendly Amendment, Larry Yackle

Faculty Scholarship

Heather Gerken comes to praise Justice Kennedy’s opinion for the Supreme Court in United States v. Windsor. 1 I come to praise Gerken’s valiant effort to recast the Windsor opinion along more convincing lines.2 Gerken does not propose a wholesale substitute for Justice Kennedy’s analysis. She suggests a shift in emphasis that lends Kennedy’s explanation for condemning DOMA a surprising jurisprudential significance. Where some us have seen yet another lamentable paean to the sovereignty of the states, Gerken detects the faint hint of the “nationalist” school of federalism that she and others have nurtured in recent years.3 Gerken does not …


Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie HSU 2015 Singapore Management University

Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …


Communities In Conflict With Police: Facilitating Dispute Resolution And Mediate Causes Of Conflict, Julian A. Cook, David Hooker, Samuel Lee Reid, Mildred I. Duprey de Robles 2015 University of Georgia School of Law

Communities In Conflict With Police: Facilitating Dispute Resolution And Mediate Causes Of Conflict, Julian A. Cook, David Hooker, Samuel Lee Reid, Mildred I. Duprey De Robles

Working in the Public Interest Conferences

Police cannot adequately serve the public without the respect and trust of the communities they serve. Who speaks for the community, and how can the legal system ensure that those voices are heard? What does equal protection under the law mean on the streets of America, where law enforcement is necessarily discretionary? What role should the federal government play when local trust in the rule of law recedes? how can community leaders and attorneys facilitate positive outcomes from conflict? This panel addressed leading initiatives to maintain dialogue between law enforcement authorities and the communities they serve.


Newsroom: Horwitz On Mandatory Minimum Sentences, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Horwitz On Mandatory Minimum Sentences, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Peace Corps' Enduring Charter, Loret M. Ruppe 2015 Director of the Peace Corps

Peace Corps' Enduring Charter, Loret M. Ruppe

Georgia Journal of International & Comparative Law

No abstract provided.


Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka 2015 The Catholic University of America, Columbus School of Law

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous …


Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon 2015 Washington and Lee University School of Law

Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon

Cardozo Law Review

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …


预算幸与堕韧的中严阶层, Tan K. B. EUGENE 2015 Singapore Management University

预算幸与堕韧的中严阶层, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

No abstract provided.


"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak 2015 University of Nebraska–Lincoln

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …


The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. McGinley 2015 Northwestern Pritzker School of Law

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Northwestern University Law Review

No abstract provided.


Digital Commons powered by bepress