Law and Society Commons^™

Protecting Volunteers Under Title Vii: Amending The Eeoc Compliance Manual Through Section 553(B) Interpretive Rulemaking, Neil A. Murphy

University of Florida Journal of Law & Public Policy

No abstract provided.

Ain't Too Proud To Beg? Anti-Begging Laws' First Amendment Problem, John W. Fraser

University of Florida Journal of Law & Public Policy

No abstract provided.

Publicity Rules For Public Trusts, Allison Anna Tait

Cardozo Arts & Entertainment Law Journal

That museums are public trusts is a truism in academic discourse and industry discussion. What various commentators mean when they speak about museums as public trusts, however, is less clear. This Article untangles and analyzes the various meanings of "'public trust" and how these meanings translate into regulatory systems. I propose that two predominant meanings-the public resource and trust law meanings-jointly constitute the definition of a public trust, and that each meaning has a consequent regulatory framework. These definitional and regulatory frameworks coexist without conflict in most contexts. In the context of deaccessioning, however, they collide.

Deaccessioning-the practice of a …

Race, Dignity, And The Right To Marry, Robin A. Lenhardt

Fordham Law Review

Justice Kennedy’s majority opinion in Obergefell v. Hodges asserts legal marriage’s capacity to afford same-sex couples a measure of “equal dignity” and belonging too long denied. In this Essay, I ask whether there is any reason to believe that marriage could do the same for African Americans. Could broader entrance into marriage, as some conservatives suggest, provide Blacks—gay and straight—a measure of belonging that has been frustratingly elusive, even as the nation prepares to celebrate the one hundred and fiftieth anniversary of the Thirteenth Amendment’s ratification?

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …

Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic

Brooklyn Journal of International Law

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …

America's Disposable Youth: Undocumented Delinquent Juveniles, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Through discriminatory rhetoric state and local officials construct delinquent juvenile immigrant youth as the embodiment of a threat to public safety and American values. Accordingly, alleged delinquent undocumented immigrant children who have spent the majority of their lives in the United States, are subjected to discrimination and exclusionary practices, which enable lessened protections under the law. This article critically analyzes how undocumented delinquent youth, mainly Latino males, are constructed through the various narratives of immigrant children that are perpetuated by the media and policymakers, and how this impacts their treatment within the juvenile justice and immigration systems. Central to this …

The Dawn Of Social Intelligence (Socint), Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

More information about citizens’ lives is recorded than ever before. Because the data is digitized, it can be accessed, analyzed, shared, and combined with other information to generate new knowledge. In a post-9/‌11 environment, the legal standards impeding access to such data have fallen. Simultaneously, the advent of global communications and cloud computing, along with network convergence, have expanded the scope of information available. The U.S. government has begun to collect and to analyze the associated data.

The result is the emergence of what can be termed “social intelligence” (SOCINT), which this Article defines as the collection of digital data …

Corporate Legacy, Andrew A. Schwartz

Publications

Many public companies have shed takeover defenses in recent years, on the theory that such defenses reduce share price. Yet new data presented here shows that practically all new public companies--those launching their initial public offering (IPO)--go public with powerful takeover defenses in place. This behavior is puzzling because the adoption of takeover defenses presumably lowers the price at which the pre-IPO shareholders can sell their own shares in and after the IPO. Why would founders and early investors engage in this seemingly counterproductive behavior? Building on prior attempts to solve this mystery, this Article claims that IPO firms adopt …

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Publications

No abstract provided.

Precarious Existence And Capitalism: A Permanent State Of Exception, Tayyab Mahmud

Faculty Articles

The contemporary neoliberal era is marked by an exponential expansion of contingent and precarious labor markets. In this context, the construct of precarity emerged to signify labor conditions of permanent insecurity and precariousness. Coming at the heels of the era of Keynesian welfare, precarity is mostly seen as an exception to the normal trajectory of capitalist formations. The basic argument of this paper is that under capitalism, for the working classes precarious existence is the norm rather than the exception. Precarity is the outcome not only of insecurities of labor markets but also of capital’s capture and colonization of life …

Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay

Reports & Public Policy Documents

In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …

World Poverty And Food Insecurity, Carmen Gonzalez

Faculty Articles

Our present global economic order produces a stable pattern of widespread malnutrition and starvation among the poor, with some eighteen million persons dying each year from poverty related causes, and there are likely to be feasible alternative regimes that /ill not produce similarly severe deprivations. If this is so, the victims of avoidable deprivations are not merely poor and starving, but impoverished and starved through an institutional order coercively imposed upon them. There is an injustice to this economic order, which it would be wrong for its more affluent participants to perpetuate.

A Homeless Bill Of Rights (Revolution), Sara Rankin

Faculty Articles

This article examines an emerging movement so far unexplored by legal scholarship: the proposal and, in some states, the enactment of a Homeless Bill of Rights. This article presents these new laws as a lens to re-examine storied debates over positive and social welfare rights. Homeless bills of rights also present a compelling opportunity to re-examine rights-based theories in the context of social movement scholarship. Specifically, could these laws be understood as part of a new “rights revolution”? What conditions might influence the impact of these new laws on the individual rights of the homeless or the housed? On American …

The Right To Counsel In Utah: An Assessment Of Trial-Level Indigent Defense Services, The Sixth Amendment Center, The Defender Initiative

Fred T. Korematsu Center for Law and Equality

The Right to Counsel in Utah

Incarcerated Child Birth And “Broader Birth Control”: Autonomy, Regulation, And The State, Deborah Ahrens

Faculty Articles

In recent years, the scholarly literature, the journalistic press, and even pop culture have begun to grapple with the many ways in which prison life works to degrade and dehumanize female prisoners, particularly pregnant women and new mothers. These voices are drawn — quite understandably — to the worst abuses, to practices (such as the shackling of laboring women) that underscore the dichotomy between the brutality of prison life and the allegedly autonomous norms governing pregnancy and parenting in the outside world. This article supplements — and in crucial places challenges — the narrative implicit in those depictions by, first, …

Tracermarks: A Proposed Information Intervention, Margaret Chon

Faculty Articles

We live in a world of information. But paradoxically, we simultaneously suffer from a scarcity of “smart” information: information that is traceable and therefore reliable, trust-worthy, and ultimately verifiable. Combining the insights of global governance theory with behavioral economics, this Article approaches this challenge from a knowledge governance framework, sets forth various reasons for this unnecessary deficit and proposes an intervention to address it — tracermarks. Envisioned as a hybrid of trademarks and certification marks, tracermarks would encourage various stakeholders to disclose, disseminate and ultimately make decisions about previously hidden qualities of specific goods and services throughout global value networks. …

The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro

St. Mary's Law Journal

Abstract Forthcoming.

Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown

St. Mary's Law Journal

Abstract Forthcoming.