Law and Society Commons^™

Balance And Team Production, Kelli A. Alces

Scholarly Publications

No abstract provided.

Does The Public Care How The Supreme Court Reasons? Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp

Scholarly Publications

Can the Supreme Court influence the public’s reception of decisions vindicating rights in high-salience contexts, like samesex marriage, by reasoning in one way over another? Will the people’s disagreement with those decisions—and, by extension, societal backlash against them—be dampened if the Court deploys universalizing liberty rationales rather than essentializing equality rationales? Finally, even if Supreme Court reasoning does resonate with the people as a descriptive matter, should the Court minimize anxiety-producing characteristics in decisions vindicating civil rights—such as homosexuality in the marriage-equality context—simply in order to assuage the people?

This Article combines constitutional theory and empirical legal analysis to ask …

Marital Contracting In A Post-Windsor World, Martha M. Ertman

Florida State University Law Review

No abstract provided.

Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough

Intercultural Human Rights Law Review

With over a billion members, the Catholic Church is the largest Christian denomination in the world. It also manages twenty six percent of all health facilities worldwide.' In the U.S., where one in six patients is treated at a Catholic hospital, the Catholic health care network is the largest group of nonprofit health care providers in the country. With more than 600 hospitals and 1,400 long-term care and other health related facilities, Catholic health care has been a powerful presence in the U.S. for a long time. The Sisters of Charity were the first religious community to staff a hospital …

Rescuing The People Of Tuvalu Towards An I.C.J. Advisory Opinion On The International Legal Obligations To Protect The Environment And Human Rights Of Populations Affected By Climate Change, Mariya Gromilova

Intercultural Human Rights Law Review

2014 has been announced by the U.N. General Assembly as the "International Year of Small Island Developing States" with the goals of raising awareness of the Small Island Developing States' (SIDS) unique developmental challenges in relation to a range of environmental problems including climate change, and of fostering the ambition to find solutions for these vulnerable States.' However, the way in which international law is constructed runs counter to the ambitions of the General Assembly. The people of Tuvalu, one of the SIDS, are not to blame for climate change, yet they experience its most severe impacts. Regardless of the …

Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients, Priya Walia

Freedom Center Journal

The National Underground Railroad Freedom Center proudly presented the 2013 recipients the International Freedom Conductor Award to Reverend Fred Shuttlesworth and Nicholas Kristof. Rev. Shuttlesworth was known as the courageous, charismatic, blunt preacher who vowed to "kill segregation or be killed by it." After his successes with racial desegregation, Shuttlesworth spent the rest of his life fighting for equality for impoverished people. Two-time Pulitzer Prize winning journalist, Nicholas Kristof changed the course of social justice philanthropy through his work. Through individual personal narratives, Kristof compels the audience to delve further into seemingly remote global issues and inspires the American public …

Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Joel H. Samuels

Articles

In this essay, we attempt to lay the initial groundwork for a clearer understanding of rule of law both as a concept and as a distinct field. We respond to the assertions that the rule of law field is non-existent or incoherent, and assert that a field of rule of law is not impossible to ascertain. First, we survey how rule of law - as both a term and a state of political being - is understood by practitioners and scholars, as well as how scholars reconcile the lack of a clear, widely universal understanding of the concept of rule …

Dedication To Freedom, Emily Houh

Faculty Articles and Other Publications

This special volume of the Freedom Center Journal comprises two issues, both dedicated to the tenth anniversary of the National Underground Railroad Freedom Center ("Freedom Center"), which first opened its doors in 2004.

The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy

Cardozo Journal of Conflict Resolution

There is an overall legitimacy crisis in courts. The sources of this crisis have, to a large extent, been misconstrued. While there has been significant writing depicting the diminished quality, effectiveness, and fairness of courts, these phenomena have, for the most part, been viewed as distinct problems that warrant discrete solutions. This article shows that these problems are all manifestations of an overall legitimacy crisis that stems from the blurring of the originally stark distinctions between courts and alternatives. Traditionally, formal and informal dispute resolution processes had their own sources of legitimacy, each grounded in their respective distinctive (often opposing) …

Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney

Criminal Law Practitioner

No abstract provided.

Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler

Criminal Law Practitioner

No abstract provided.

Gideon’S Army And The Central Theme Of Poverty, Cara H. Drinan

Scholarly Articles

Gideon’s Army, a powerful documentary film that follows the work of three public defenders in the South, provides a window into the well documented dysfunction of most public defender offices across the country. While following the life and work of these public defenders—Travis Williams, Brandy Alexander, and June Hardwick—the viewer sees what the academic literature has documented for decades: public defenders carry caseloads that are multiples of professional guidelines; compensation for public defenders is so paltry that many are barely making ends meet; the offices in which they work are resource-starved; guilty pleas are the default; and the public …

Making Turner A Reality - - Improving Access To Justice Through Court-Annexed Resource Centers And Same Day Presentation, Stacy Brustin

Scholarly Articles

This article will propose recommendations for implementing meaningful "alternative procedural safeguards." It will highlight a program that uses an innovative model of pro se assistance and limited representation, and will discuss the limitations that even the most innovative programs face in trying to offer adequate alternatives to full representation. The article will also analyze the ethical obstacles that court-based assistance programs face, and offer strategies that attorneys can use to meet their ethical duties regarding confidentiality, competence, avoidance of conflicts of interest, and independence of professional judgment.

While the procedural safeguards that the Court suggests in Turner might, in theory, …

The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Is America Becoming A Nation Of Ex-Cons?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Recent rates of mass incarceration have become a concern, but those rates are only part of the challenge facing (and posed by) the American criminal justice system. An estimated 25% of the U.S. adult population already has a criminal record and, with new felony convictions churning out at a rate of a million per year, America is well on its way to becoming a nation of ex-cons. Already, the ex-offender class is the nation’s biggest law-defined, legally discriminated-against minority group, and it is growing. The adverse social implications of this trend remain unclear and the critical demographic tipping point is …

Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Building Resilient Communities In The Wake Of Climate Change While Keeping Affordable Housing Safe From Sea Changes In Nature And Policy, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article will explore the twin interests of responding to climate change and preserving accessible and affordable housing. Part II will give a broad overview of the scientists' climate change predictions. Part III will discuss what these predictions portend for populations, housing, and communities. Part IV will describe the broad responses that the federal, state, and local governments are making to climate change to create communities that are thriving and resilient. Part V discusses the efficacy of these responses and their potential impact on the poor, housing, and communities. Part VI looks for parallels between the resilient cities movement and …

Environmental Privacy, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …

The “Social Magic” Of Merit: Diversity, Equity, And Inclusion In The English And Welsh Legal Profession, Hilary Sommerlad

Fordham Law Review

The discourse of merit is central to the “boundary” practices deployed by the white male elite of the English legal profession to exclude outsiders. The official discourse of government and regulatory body reports presents merit as an objectively verifiable and quantifiable property, synonymous with “excellence,” the salience of which in the recruitment process is indicative of the modernization of the profession. In this form it is mobilized to deflect criticism of the slow progress toward diversity. Critical interrogation of the discourse of merit reveals that it operates rather differently as a key structuring principle of the profession. The alternative meaning …