Law and Society Commons^™

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

Articles

In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.

Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes

Articles

No abstract provided.

Banning Lawns, Sarah B. Schindler

Faculty Publications

Recognizing their role in sustainability efforts, many local governments are enacting climate change plans, mandatory green building ordinances, and sustainable procurement policies. But thus far, local governments have largely ignored one of the most pervasive threats to sustainability — lawns. This Article examines the trend toward sustainability mandates by considering the implications of a ban on lawns, the single largest irrigated crop in the United States.

Green yards are deeply seated in the American ethos of the sanctity of the single-family home. However, this psychological attachment to lawns results in significant environmental harms: conventional turfgrass is a non-native monocrop that …

Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu

The Transnational Human Rights Review

Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …

More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak

UIC Law Review

No abstract provided.

Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo

Maryland Law Review

No abstract provided.

Introduction: Mental Health, Psychology, And The Law, Mary Kay Kisthardt

Faculty Works

The authors coordinated and edited a symposium law review issue on Mental Health, Psychology and the Law. The Introduction summarizes submissions that included a memoir from an author whose family members were consumers of mental health services, legal scholars and practitioners who use mental health evidence to defend clients facing the death penalty, and the duty of attorneys to tend to their own mental health care needs while dealing with these emotionally heavy issues.

Rule Of Law With Chinese Characteristics: An Empirical Cultural Perspective On China, Hong Kong And Singapore, Jeffrey E. Thomas

Faculty Works

This article uses empirical data to analyse the meaning of rule of law with Chinese characteristics. It compares rule of law data on China, Hong Kong and Singapore from the World Justice Project and finds patterns of more limited protection of individual rights and fewer limits on governmental powers. It then uses Geert Hofstede’s cultural dimensions to consider whether those patterns are related to common cultural characteristics. It finds low scores on the cultural value of individualism in those three jurisdictions are correlated with lower protection for individual rights, and that high scores on Hofstede’s Power Distribution Index are inversely …

(Sub)Urban Poverty And Regional Interest Convergence, Patience A. Crowder

Marquette Law Review

Poverty has expanded from America’s urban cores to its inner and outer suburban rings. In the midst of spreading hardship, new opportunities for confronting questions of regional equity are emerging, such as how best to govern our regional spaces for the benefit of all regional constituents, including the poor, middle class, and affluent. To date, governance theories have proven inadequate to this task. In the parlance of the current regional governance discourse, localists, regionalists, and new regionalists need a framework to make a reality of their seemingly disparate and inconsistent visions of local versus regional interests. Localists champion the autonomy …

The Critical Nature Of Verbal Leaks And Nonverbal Signals During Bargaining Interactions, Charles B. Craver

Cardozo Journal of Conflict Resolution

When individuals negotiate, they communicate with each other in person, over the telephone, or through e-mail and text exchanges. Proficient negotiators carefully prepare for such interactions, and they endeavor to choose their words carefully to convey the precise messages they intend to communicate. Despite these efforts, however, they frequently include inadvertent modifiers that undermine what they appear to be saying. Persons who listen carefully for such "verbal leaks" can gain a significant bargaining advantage.

Room For Me? - An Analysis Of Whether Mediation Is A Viable Solution To School Bullying, Angelique Palmer

Cardozo Journal of Conflict Resolution

This Article will review recent efforts to utilize mediation as a solution to bullying, and evaluate whether common approaches to its use and implementation have proven to be an effective solution to the bullying epidemic. Part I of this Article provides an overview of bullying and the current state of the problem in America today. Part II discusses the current legal climate and underlying motivations in legislative change and development. It goes on to offer a synopsis of the state of the law and the scope of its reach to address and remedy the problem of bullying. Part III offers …

Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.

Journal of Business & Technology Law

No abstract provided.

Who Are The Mothers Who Need Safe Haven Laws? An Empirical Investigation Of Mothers Who Kill, Abandon, Or Safely Surrender Their Newborns, 29 Wis. J.L. Gender & Soc'y 213 (2014), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

Who are the Mothers who kill their infants at birth? Why do they kill? How do they kill? Once the infant is disposed of, what becomes of the Mother? Neonaticide is the killing of a newborn within the first twenty-four hours of birth. In response to the discovery of thirteen abandoned newborns, Texas passed the first Safe Haven law in 1999. Within nine years, all states enacted similar laws. The purpose of Safe Haven Laws is to deter neonaticidal behaviors by allowing Mothers who are bearing unwanted pregnancies to legally surrender their newborns with anonymity and immunity from prosecution. The …

Assisted Conception And Equality Of Familial Status In Parentage Law, Wanda Wiegers

Canadian Journal of Family Law

This article provides an in-depth analysis of outcomes in parentage disputes involving assisted conception across Canada. Throughout this article, I draw on equality of status, familial security and equity in terms of gender and sexual orientation as norms or values that should underlie and guide the legal regulation of parenthood in the context of reproductive technologies. Throughout, I also compare and contrast the sources of and the implications for children and parents of resistance in law towards the abolition of illegitimacy and the regulation of assisted conception.

A Voice For “The Small”: Judicial “Meetings” In Custody And Access Disputes, Carolyn Savoury

Canadian Journal of Family Law

No abstract provided.

A V B And Attorney General Of Quebec (Eric V Lola)—The Implications For Cohabiting Couples Outside Quebec, Natasha Bakht

Canadian Journal of Family Law

No abstract provided.

Consent, Coercion, And Shared Parenting: Ruffudeen-Coutts V Coutts, Susan B. Boyd

Canadian Journal of Family Law

No abstract provided.

Suppressing Damages In Involuntary Parenthood Actions: Contorting Tort Law, Denying Reproductive Freedom, And Discriminating Against Mothers, Bruce Feldthusen

Canadian Journal of Family Law

"Involuntary parenthood" actions are negligence actions, usually medical malpractice cases involving a failed sterilization, inadequate warning about the risks of pregnancy, or a failed abortion. In Canada, they will soon also involve product liability claims against negligent birth control manufacturers, providers and regulators. This article considers whether the parents' damages ought to include the cost of raising the child. No Canadian appellate court has ever ruled on this point, although it has been adjudicated extensively by the highest courts elsewhere in the common law world. At least 7 different rules limiting such recovery have been endorsed in the Canadian lower …

Establishing Canada's First Integrated Domestic Violence Court: Exploring Process, Outcomes, And Lessons Learned, Rachel Birnbaum, Nicholas Bala, Peter Jaffe

Canadian Journal of Family Law

The establishment of domestic violence courts has resulted in significant improvements in responses to family violence, but these courts have generally dealt only with criminal cases and do not address the risks that the victim and children may face in family proceedings. In some locations in the USA, courts have been established to deal with both criminal and family proceedings that arise from a domestic violence situation. This paper describes and analyzes the establishment of the first court in Canada that hears both criminal and family cases concerning families where there are domestic violence issues. The authors report on a …