Law and Society Commons^™

Property Rights And The Demands Of Transformation, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa

Faculty Scholarship

No abstract provided.

Against Flexibility, David A. Super

Faculty Scholarship

Contemporary legal thinking is in the thrall of a cult of flexibility. We obsess about avoiding decisions without all possible relevant information while ignoring the costs of postponing decisions until that information becomes available. We valorize procrastination and condemn investments of decisional resources in early decisions. Both public and private law should be understood as a productive activity con¬verting information, norms, and decisional and enforcement capacity into out¬puts of social value. Optimal timing depends on changes in these inputs’ scarcity and in the value of the decision they produce. Our legal culture tends to overes¬ti¬mate the value of information that …

Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez

Faculty Articles and Other Publications

Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.

Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …

The Moral Of The Story: The Power Of Narrative To Inspire And Sustain Scholarship, Amy Vorenberg

Law Faculty Scholarship

This article describes how I discovered the power of story as a tool to inspire scholarship. We think of stories as a means to bring life to legal cases in a way that grounds them and makes them visceral and comprehensible. We use storytelling to teach our students - showing how the emotive power of a story can persuade. However, stories can also serve a different function. In my search for a way to inspire and sustain my own writing, I found out that a good story can be the source of a writer’s motivation to both create and sustain …

Stalled: Gender Diversity On Corporate Boards, Barbara Black

Faculty Articles and Other Publications

In this essay, prepared for the University of Dayton College of Law’s Symposium on Perspectives on Gender and Business Ethics: Women in Corporate Governance, held on February 25, 2011, I discuss the lack of progress in achieving gender diversity on corporate boards.

I first review the numbers that demonstrate that progress is stalled, despite the attention and resources devoted to the issue by a number of well-respected organizations, legal scholars and institutional investors. I argue that, because this is an issue of equal opportunity, it is not really necessary to make a business case to justify increased efforts toward board …

What Will We Lose If The Trial Vanishes?, Robert P. Burns

Faculty Working Papers

The number of trials continues to decline andfederal civil trials have almost completely disappeared. This essay attempts to address the significance of this loss, to answer the obvious question, "So what?" It argues against taking a resigned or complacent attitude toward an important problem for our public culture. It presents a short description of the trial's internal structure, recounts different sorts of explanations, and offers an inventory of the kinds of wounds this development would inflict.

The New American Civil Religion: Lesson For Italy, Andrew Koppelman

Faculty Working Papers

American civil religion has been changing, responding to increasing religious plurality by becoming more abstract. The problem of increasing plurality is not only an American one. It is also presented in Italy, where civic identity has been centered around a Catholicism that is no longer universal. Perhaps Italy has, in this respect, an American future.

Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave

Articles

Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …

Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri

Articles

No abstract provided.

Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer

Articles

No abstract provided.

Governance: Structuring Our Future, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

Recognizing Rape As Torture: The Evolution Of Women's Rights Legal Protective Techniques, Iveta Cherneva

Intercultural Human Rights Law Review

When thinking about torture, the image coming to mind is that of a detainee held by state authorities for purposes of information extraction. The newspapers' photo images of Abu Graib detainees and sharp-teeth dogs are inevitably recalled. The present article examines a different angle with regard to the legal conceptualization of torture as a violation of international human rights law. The 2008 Report by the United Nations (UN) Special Rapporteur on Torture Manfred Nowak opened a door by linking torture to sexual and domestic violence and women's rights, creating a potential future impact with results that remain to be seen. …

Principled Legal Pragmatism: Reconciling Posner And Dewey On Law And Democracy, Kory Spencer Sorrell

St. Thomas Law Review

The pressing practical question is how to cultivate democratic reconstruction? And here again, Posner's insights are both helpful and continuous with the pragmatism of James and Dewey. Both James and Dewey sought reform not primarily through deliberation, but through institutional reform. As Posner insists, "[w]e must accept the irreducible plurality of goals and preferences within a morally heterogeneous society such as that of the United States, and proceed from there." And proceeding from there-successfully, not just aspirationally-means discarding idealistic notions of democracy in favor of institutional and social arrangements that support a morally diverse community, the members of which are …

Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson

Scholarship and Professional Work - Communication

As affective labor is becoming more dominant in contemporary capitalism, the affect of the body politic is increasingly important. This article argues for a theory of the affective state apparatus to account for the state‟s role in governing the affect of the population. An analysis of George W. Bush‟s Achieving the Promise: Transforming Mental Health Care in America reveals that an affective state apparatus functions to capture, constitute, and circulate the affects of the population. This article contends that an affective state apparatus operates through the very intimacies of our bodies in order to produce ever more efficient and productive …

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

UIC Law Review

No abstract provided.

Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava

UIC Law Review

No abstract provided.

Barnes-Wallace V. City Of San Diego: "Psychological Injury" And Its Effect On Standing, 44 J. Marshall L. Rev. 507 (2011), Andrew Meyer

UIC Law Review

No abstract provided.

Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn

UIC Law Review

No abstract provided.

Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011), Atiba R. Ellis

UIC Law Review

No abstract provided.