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In Search Of Meaningful Systemic Justice For Adolescents In New York, Jonathan Lippman 2014 State of New York

In Search Of Meaningful Systemic Justice For Adolescents In New York, Jonathan Lippman

Cardozo Law Review

No abstract provided.


An Empirical Study Of The Use Of Legal Scholarship In Supreme Court Trademark Jurisprudence, Derek Simpson, Lee Petherbridge 2014 Morris, Polich, & Purdy LLP

An Empirical Study Of The Use Of Legal Scholarship In Supreme Court Trademark Jurisprudence, Derek Simpson, Lee Petherbridge

Cardozo Law Review

Although the usefulness of law review and law journal articles to the decisional lawmaking process is a topic that has captured the imagination of jurists, reporters, and legal academics like few others, very little is actually known about how and why courts use such legal scholarship. This Article addresses that lack of knowledge. It reports an empirical study of the Supreme Court's use of legal scholarship in its trademark jurisprudence that spans the years 1949-2011. Among its contributions are: (1) the identification of Supreme Court trademark cases using and not using legal scholarship, including the identification of the pieces of …


Judicial Independence And Social Welfare, Michael D. Gilbert 2014 University of Virginia School of Law

Judicial Independence And Social Welfare, Michael D. Gilbert

Michigan Law Review

Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve cases impartially and in accordance with law. Yet independence comes with a hazard. Precisely because they are independent, judges can ignore law and pursue private agendas. For two centuries, scholars have debated those ideas and the underlying tradeoff: independence versus accountability. They have achieved little consensus, in part because independence raises difficult antecedent questions. We cannot decide how independent to make a judge until we agree on what a judge is supposed to do. That depends on one’s views about …


Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter 2014 Boston Univeristy School of Law

Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter

Faculty Scholarship

In "Between Facts and Norms" (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system – lifeworld model.


Reimagining The Role Of Defense Counsel For Adolescents In The Adult Criminal Court System: Bringing The Community And Policymakers Into The Process To Achieve The Goals Of Gideon, Nancy Ginsburg 2014 Legal Aid Society

Reimagining The Role Of Defense Counsel For Adolescents In The Adult Criminal Court System: Bringing The Community And Policymakers Into The Process To Achieve The Goals Of Gideon, Nancy Ginsburg

Cardozo Law Review

No abstract provided.


Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf 2014 Brooklyn Defender Services

Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf

Cardozo Law Review

No abstract provided.


The United States Supreme Court's Decision In Kirtsaeng V. Wiley & Sons: An "Inevitable" Step In Which Direction?, Irene CALBOLI 2014 Singapore Management University

The United States Supreme Court's Decision In Kirtsaeng V. Wiley & Sons: An "Inevitable" Step In Which Direction?, Irene Calboli

Research Collection Yong Pung How School Of Law

This opinion analyzes the decision of the Supreme Court of the United States in the case Kirtsaeng v. Wiley & Sons. In this decision, the Court ruled that the principle of copyright exhaustion as provided in Section 109(a) of the Copyright Act equally applies to products “lawfully made” in the United States as well as to products that have been “lawfully made” in foreign countries. This “revolutionary” decision came after almost two decades of conflicting positions, including two previous Supreme Court decisions that had failed to clarify the issue, notably Quality King v. L’anza and Costco v. Omega. Yet, a …


Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals 2014 Pepperdine University

Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals

The Journal of Business, Entrepreneurship & the Law

This paper examines the role of the U.S. Government in the CEO versus worker pay gap, both in contributing to its creation and the ability to reverse it. To better understand this issue, this paper includes a survey of current U.S. and foreign CEO compensation practices, a survey of theories proposed to explain the divergence between U.S. and foreign CEO compensation, a review of the social and business impact of excessive CEO compensation, and identifies socioeconomic theories regarding the excessive CEO pay trend. This is followed by a review of the history of attempted solutions along with newly enacted and …


A Symposium On Social Justice Feminism: Introduction, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams 2014 University of Cincinnati College of Law

A Symposium On Social Justice Feminism: Introduction, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams

Faculty Articles and Other Publications

This special issue of the Freedom Center Journal, includes a set of truly diverse and interdisciplinary pieces, each individually interpreting and performing social justice feminism in original and unique ways. Collectively, these pieces demonstrate how SJF can be constructively employed across academic disciplines and through lived realities and, further, how SJF can be used to connect theory to our own individual and collective advocacy and activism.


Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark D. Rosen 2014 IIT Chicago-Kent College of Law

Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark D. Rosen

All Faculty Scholarship

No abstract provided.


Legal History And The Politics Of Inclusion, Felice J. Batlan 2014 IIT Chicago-Kent College of Law

Legal History And The Politics Of Inclusion, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin 2014 University of Miami School of Law

Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin

Short Works

No abstract provided.


Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks 2014 University of Maryland Francis King Carey School of Law

Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks

Faculty Scholarship

Approximately 40% of the deaths attributed to Hurricane Katrina in 2005 were caused by drowning. Blacks in the New Orleans area accounted for slightly more than one half of all deaths. Some of the drowning deaths were preventable. Too many black Americans do not know how to swim. Up to seventy percent of all black children in the United States have no or low ability to swim. Thus it is unsurprising that black youth between 5 and 19 are more likely to drown than white youths of the same age. The Centers for Disease Control concludes that a major factor …


Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt 2014 Washington and Lee University School of Law

Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt

Scholarly Articles

The rights of children have recently taken a prominent role in the popular and judicial consciousness. This is largely due to litigation over marriage equality. In authoring the majority opinion in United States v. Windsor, 133 S. Ct. 2675 (2013), Justice Kennedy cited tangible and psychic harm to the children of same-sex couples as a basis for invalidating the federal Defense of Marriage Act. Post-Windsor, myriad state and federal courts similarly have recognized the manner in which state-level marriage bans inflict harm on the children of same-sex couples. Yet, while courts have recognized the significance of harm to children …


Tax Favors For Philanthropy: Should Our Republic Underwrite De Tocqueville's Democracy?, Rob Atkinson 2014 Florida State University College of Law

Tax Favors For Philanthropy: Should Our Republic Underwrite De Tocqueville's Democracy?, Rob Atkinson

Scholarly Publications

This article critically reviews the current rationales for the federal income tax system's favorable treatment of philanthropy, gives those rationales a new descriptive synthesis based on de Tocqueville's account of American democracy, and offers a normative alternative based on neo-classical ethical and political theory. It first identifies the two basic normative questions: What is the function of philanthropy that warrants favorable tax treatment, and how well does favorable tax treatment advance that function? It then examines the answers of three distinct phases of normative tax theory: the traditional subsidy thesis, the antithetical technical definition of income theory, and a set …


Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton 2014 University of Miami School of Law

Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton

Articles

No abstract provided.


Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett 2014 CUNY School of Law

Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett

Publications and Research

No abstract provided.


Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James 2014 University of Miami School of Law

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

Articles

Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …


Adjudications, Brigette Buynak, Darcy S. Bushnell 2014 University of New Mexico - School of Law

Adjudications, Brigette Buynak, Darcy S. Bushnell

Water Matters!

Adjudications are lawsuits that take place in state or federal court to resolve all claims to water use in the state of New Mexico, including those of Pueblos, tribes and the federal government. These cases are required by statute to create a formal inventory of water uses and to facilitate administration of New Mexico’s surface and groundwater. The geographic scope of each case is generally described by a stream system and occasionally by a groundwater basin. By statute, the State is always the plaintiff. The mission is to formally identify and recognize all valid water rights in each area being …


Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda 2014 UIC School of Law

Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda

UIC Law Review

No abstract provided.


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