Tribute To Bob Moffat,
2010
University of Florida Levin College of Law
Tribute To Bob Moffat, Winston P. Nagan
University of Florida Journal of Law & Public Policy
No abstract provided.
Income Integration As A Race-Neutral Pursuit Of Equity And Diversity In Education After The Parents Involved In Community Schools Decision,
2010
Texas Southern University
Income Integration As A Race-Neutral Pursuit Of Equity And Diversity In Education After The Parents Involved In Community Schools Decision, L. Darnell Weeden
University of Florida Journal of Law & Public Policy
No abstract provided.
Law And Happiness (Eric A. Posner & Cass R. Sunstein Eds., 2010),
2010
University of Florida Levin College of Law
Law And Happiness (Eric A. Posner & Cass R. Sunstein Eds., 2010), Jeffrey L. Harrison
University of Florida Journal of Law & Public Policy
No abstract provided.
Public Access To Criminal Discovery Records: A Look Behind The Curtain Of The Criminal Justice System,
2010
University of Florida Levin College of Law
Public Access To Criminal Discovery Records: A Look Behind The Curtain Of The Criminal Justice System, Brian Pafundi
University of Florida Journal of Law & Public Policy
No abstract provided.
Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity,
2010
National University of Singapore
Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Capteton V. A.T. Massey Coal Co.: The Texas Implications.,
2010
St. Mary's University
Capteton V. A.T. Massey Coal Co.: The Texas Implications., Catherine Stone, Wendy Martinez
St. Mary's Law Journal
In Caperton v. A.T. Massey Coal Co., the United States Supreme Court addressed whether the Due Process Clause of the United States Constitution was violated by the denial of a motion to recuse. The motion sought to recuse a Supreme Court of Appeals Justice from West Virginia. The justice received an extraordinary campaign contribution from the chief officer of a corporate party to a case pending before the court. Several Texas courts addressed whether recusal was necessary based on campaign contributions prior to the decision in Caperton. Texas courts have universally held that recusal was not required. The United States …
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime,
2010
University of Miami School of Law
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona
Articles
No abstract provided.
Why Cherry Picking Never Leads To Harmonisation: The Case Of The Limitations On Copyright Under Directive 2001/29/Ec,
2010
Dalhousie University Schulich School of Law
Why Cherry Picking Never Leads To Harmonisation: The Case Of The Limitations On Copyright Under Directive 2001/29/Ec, Lucie Guibault
Articles, Book Chapters, & Popular Press
The article examines whether the norms laid down in the Directive in relation to the exceptions and limitations on copyright and related rights can be conducive to a sensible degree of harmonisation across the European Union. Before discussing the degree of harmonisation achieved so far by the Directive, the first part gives a short overview of the main characteristics of the list of exceptions and limitations contained in Article 5 of the Directive. A comprehensive review of the implementation of each limitation by the Member States is beyond the scope of this article. The following section takes a closer look …
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties,
2010
Dalhousie University Schulich School of Law
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …
Precarious Pathways: Evaluating The Provincial Nominee Programs In Canada,
2010
Dalhousie University Schulich School of Law
Precarious Pathways: Evaluating The Provincial Nominee Programs In Canada, Jamie Baxter
Articles, Book Chapters, & Popular Press
Temporary foreign workers in Canada experience substandard employment relationships, are explicitly denied many formal rights and are practically excluded from most employment protections. Led by a growing emphasis on workers’ temporary status as a root cause of their employment-related vulnerabilities, some advocates, as well as elected officials, are now calling on governments to improve opportunities for workers to attain permanent residency in Canada, primarily for those in lower-skilled occupations. The central aim of this paper is to evaluate whether Provincial Nominee Programs are likely to address the real insecurities faced by vulnerable lower-skilled temporary foreign workers. Given that there are …
Watch Your Language: A Review Of The Use Of Stigmatizing Language By Canadian Judges,
2010
Dalhousie University - Schulich School of Law
Watch Your Language: A Review Of The Use Of Stigmatizing Language By Canadian Judges, Jocelyn Downie, Michelle Black
Articles, Book Chapters, & Popular Press
Despite ongoing advances in understanding the causes and prevalence of mental health issues, stigmatizing language is still often directed at people who have mental illness. Such language is regularly used by parties, such as the media, who have great influence on public opinion and attitudes. Since the decisions from Canadian courtrooms can also have a strong impact on societal views, we asked whether judges use stigmatizing language in their decisions. To answer this question, we conducted a qualitative study by searching through modern Canadian case law using search terms that were indicative of stigmatizing language. We found that, although judges …
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties,
2010
Dalhousie University Schulich School of Law
Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig
Articles, Book Chapters, & Popular Press
The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests …
Introduction To 'Queer Theory: Law, Culture, Empire',
2010
Schulich School of Law, Dalhousie University
Introduction To 'Queer Theory: Law, Culture, Empire', Robert Leckey, Kim Brooks
Articles, Book Chapters, & Popular Press
This is the introduction to an edited collection. The book uses queer theory to examine the complex interactions of law, culture, and empire in relation to sexual minorities. Building on recent work on empire, it studies how law-reform efforts by sexual minorities can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The book takes a contextual, socio-legal, comparative, and interdisciplinary approach. The authors - from five continents - study examples from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - …
Civil Rites: The Gay Marriage Controversy In Historical Perspective,
2010
Southern Methodist University, Dedman School of Law
Civil Rites: The Gay Marriage Controversy In Historical Perspective, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This short essay, written for a volume that celebrates and reflects on Lawrence M. Friedman’s work in legal history and legal culture, explores the modern controversy about same-sex marriage through a historical lens. The legalization of same-sex marriage by five states, and the express condemnation of it by more than forty others, has reintroduced the age-old problem of non-uniform marriage laws and the complicated interactions that follow. This modern story - a challenge to traditional marriage, a divisive moral debate, and the emergence of strong oppositional forces that are stuck, at least temporarily, but perhaps indefinitely, in a kind of …
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights,
2010
Singapore Management University
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people …
Why Care About Mass Incarceration?,
2010
Georgetown University Law Center
Why Care About Mass Incarceration?, James Forman Jr.
Georgetown Law Faculty Publications and Other Works
The United States incarcerates more of its citizens than any other nation in the world. Paul Butler’s Let’s Get Free: A Hip-Hip Theory of Justice makes an important contribution to the debate about the crime policies that have produced this result. Butler began his career as a federal prosecutor who believed that the best way to serve Washington, D.C’s low-income African-American community was to punish its law-breakers. His experiences—including being prosecuted for a crime himself—eventually led him to conclude that America incarcerates far too many nonviolent offenders, especially drug offenders. Let’s Get Free offers a set of reforms for reducing …
Honor Killings And The Construction Of Gender In Arab Societies,
2010
Georgetown University Law Center
Honor Killings And The Construction Of Gender In Arab Societies, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
This Article discusses the regulation and adjudication of honor killings in the Arab world and traces the distributive and disciplinary impact of such regulation/adjudication on Arab men and Arab women's sexuality. In the afterword, the Article outlines the transformative effect of Islamicization of culture in the Arab world in the past twenty years on the practice of honor and killings committed in its name.
On (Cr)Edibility: Why Food In The United States May Never Be Safe,
2010
Seattle University School of Law
On (Cr)Edibility: Why Food In The United States May Never Be Safe, Denis Stearns
Faculty Articles
Most critiques of regulation are premised on the concepts of “free markets” and “market failures” as justifying, or not, the need for government interventions and control of the marketplace. Using the market for food as an example, this article questions not only the possibility of a buyer being a free actor when buying food, but also whether it is meaningful to speak in terms of a “free” market at all. One centerpiece of this questioning is the author’s coining of the term “(cr)edibility” to stand for the twinned ideas of credibility and edibility as defining the nature of all commercial …
The Vitality Of The American Sovereign,
2010
University of Iowa College of Law
The Vitality Of The American Sovereign, Todd E. Pettys
Michigan Law Review
The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services,
2010
University of Michigan Law School
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott
Articles
In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …
