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Jan. 1, 2012, Performance Standard 1, IFC 2012 American University Washington College of Law

Jan. 1, 2012, Performance Standard 1, Ifc

IFC E&S Performance Standards

No abstract provided.


Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012), Stephen Leacock 2012 UIC School of Law

Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012), Stephen Leacock

UIC Law Review

No abstract provided.


Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard 2012 Georgetown University Law Center

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …


Civil Marriage: Threat To Democracy, Jessica Knouse 2012 University of Toledo College of Law

Civil Marriage: Threat To Democracy, Jessica Knouse

Michigan Journal of Gender & Law

This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …


Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin 2012 Barry University

Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin

Faculty Scholarship

Public officials can be more certain than ever before that qualified immunity will shield them from suits for money damages even if their actions violate the constitutional rights of another. In the October 2011 Term the Supreme Court granted qualified immunity to government officials in four significant cases and denied it to none. Troublesome aspects of the Supreme Court’s current approach include (1) the failure to clarify important Constitutional questions; and (2) the blurring of the distinction between absolute and qualified immunity for all practical purposes by assuring state officials that they can be certain of the shield from liability. …


Constructing The Other: U.S. Muslims, Anti-Sharia Law, And The Constitutional Consequences Of Volatile Intercultural Rhetoric, Carlo A. Pedrioli 2012 Barry University

Constructing The Other: U.S. Muslims, Anti-Sharia Law, And The Constitutional Consequences Of Volatile Intercultural Rhetoric, Carlo A. Pedrioli

Faculty Scholarship

Recently, legislators have proposed, discussed, and passed various laws that aimed to limit the use of foreign law, international law, and Sharia (a branch of Islamic law) in state court systems. Because it became law, one proposed state constitutional amendment that rhetorically linked Sharia to foreign and international law is of particular note. In the 2010 midterm elections, Oklahoma passed State Question 755 (SQ 755), a constitutional amendment that aimed to place restrictions on the use of foreign law, international law, and Sharia in Oklahoma courts. Laws like Oklahoma’s State Question 755 are problematic for a variety of reasons. One …


Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra 2012 Barry University

Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra

Faculty Scholarship

Truth is often stranger than fiction, and nowhere is this more evident than when examining the real stories related to international commercial surrogacy that have occurred in the last few years. This Article utilizes these recent cases to analyze this industry using a bioethical lens. Bioethicists use stories effectively to demonstrate how theory and normative ideals apply to real world situations. By detailing examples of some of the unique scenarios that have arisen in far-flung cities of India, the United States, and the Ukraine, this Article highlights some of the bioethical dilemmas such stories raise. This Article examines these stories …


Selling Land And Religion, Eang L. Ngov 2012 Barry University

Selling Land And Religion, Eang L. Ngov

Faculty Scholarship

Thousands of religious monuments have been donated to cities and towns. Under Pleasant Grove City v. Summum, local, state, and federal governments now have greater freedom to accept religious monuments, symbols, and objects donated to them for permanent display in public spaces without violating the Free Speech Clause. Now that governments may embrace religious monuments and symbols as their own speech, the obvious question arises whether governments violate the Establishment Clause by permanently displaying a religiously significant object. Fearing an Establishment Clause violation, some governmental bodies have privatized religious objects and the land beneath them by selling or transferring the …


Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh 2012 Elisabeth Haub School of Law at Pace University

Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article begins from the premise that successful regulation of environmentally significant individual behaviors could achieve meaningful environmental benefits and argues that (1) technology is increasingly making information about individual environmental behaviors and associated harms more accessible; (2) better information about environmentally significant individual behaviors could substantially enhance fledgling efforts to regulate those behaviors; and (3) use of technology-enabled personal environmental information in support of regulation will require the resolution of myriad privacy concerns. The Article seeks to generate and inform a discussion about the appropriate balance between access to personal environmental information and privacy by identifying how regulation can …


Rethinking The New Public Health, Lindsay Wiley 2012 American University Washington College of Law

Rethinking The New Public Health, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …


The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff 2012 American University Washington College of Law

The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Custody Rights Of Lesbian And Gay Parents Redux: The Irrelevance Of Constitutional Principles, Nancy Polikoff 2012 American University Washington College of Law

Custody Rights Of Lesbian And Gay Parents Redux: The Irrelevance Of Constitutional Principles, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

Disputes over custody and visitation can arise when a marriage ends and one parent comes out as gay or lesbian. the heterosexual parent may seek custody or may seek to restrict the activities of the gay or lesbian parent, or the presence of the parent's same-sex partner, during visitation. A gay or lesbian parent's assertion of constitutional rights has not been an effective response to such efforts. that is not likely to change. Advocates for gay and lesbian parents have argued forcefully for a nexus text, permitting consideration of a parent's sexual orientation only when there is evidence of an …


Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff 2012 American University Washington College of Law

Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Politics Of Hate, Robert Tsai 2012 American University Washington College of Law

The Politics Of Hate, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …


Poverty Offsetting, Ezra Rosser 2012 American University Washington College of Law

Poverty Offsetting, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus 2012 University of Michigan Law School

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Reviews

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.


Obligatory Health, Noa Ben-Asher 2012 Elisabeth Haub School of Law at Pace University

Obligatory Health, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

The Supreme Court will soon rule on the constitutionality of the Patient Protection and Affordable Care Act passed in March 2010. Courts thus far are divided on the question whether Congress had authority under the Commerce Clause to impose the Act's "Individual Mandate" to purchase health insurance. At this moment, the public and legal debate can benefit from a clearer understanding of the underlying rights claims. This Article offers two principal contributions. First, the Article argues that, while the constitutional question technically turns on the interpretation of congressional power under the Commerce Clause, underlying these debates is a tension between …


An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton 2012 University of Miami School of Law

An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton

Articles

No abstract provided.


More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless 2012 University of Miami School of Law

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …


The Private Sectors Pivotal Role In Combating Human Trafficking, Jonathan Todres 2012 Georgia State University College of Law

The Private Sectors Pivotal Role In Combating Human Trafficking, Jonathan Todres

Faculty Publications By Year

Human trafficking is big business, with industry estimates running in the billions of dollars annually. Much of that profit accrues to traffickers, illegal profiteers, and organized crime groups. However, the private sector also reaps economic benefits, directly and indirectly, from human trafficking. Despite these economic realities, the dominant approach to combating human trafficking has been to rely almost exclusively on governments and social services organizations to do the job. Little has been asked of the private sector. Two important bills - one adopted by the State of California and the other introduced in the U.S. House of Representatives - might …


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