Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons™

Open Access. Powered by Scholars. Published by Universities.®

4,247 Full-Text Articles 3,978 Authors 4,750,945 Downloads 154 Institutions

All Articles in Public Law and Legal Theory

Faceted Search

4,247 full-text articles. Page 64 of 146.

Masthead & Table Of Contents, 2021 Schulich School of Law, Dalhousie University

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.


Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'reisa J. Cox 2021 Seattle Pacific University

Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'Reisa J. Cox

Honors Projects

This discussion of legal models addressing prostitution evaluates the three predominate models currently implemented worldwide: criminalization, legalization/full decriminalization, and partial decriminalization (also termed the Nordic Model). Specific focus is given to each model’s capacity to maintain nations’ human rights obligations to people in prostitution, specifically the right to free choice of employment, and the right to safe working conditions free of exploitation and coercion. Along with evaluating the origins, structure, strengths, and weaknesses of each, case studies of all three models in practice are incorporated to transition from theoretical to practical evaluation. Each model’s unique design, purported outcomes, and various …


Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum 2021 DePaul University

Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum

DePaul Journal for Social Justice

No abstract provided.


#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley 2021 DePaul University

#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley

DePaul Journal for Social Justice

No abstract provided.


Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri 2021 DePaul University

Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri

DePaul Journal for Social Justice

No abstract provided.


From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry 2021 DePaul University

From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2021 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


How U.S. Society Has Treated Those With Mental Illnesses, Michael Mullan 2021 University of Richmond

How U.S. Society Has Treated Those With Mental Illnesses, Michael Mullan

Richmond Public Interest Law Review

Persons with mental illness are incarcerated in prisons across the United States at disproportionate rates compared to the general population. Under-standing why this is so requires an examination of how society in general has treated persons with mental illnesses. This article relates a history of neglect and stigmatization in examining the entities responsible for care of persons with mental illnesses, including the family, asylums and prisons. The article identifies trends of institutionalization, deinstitutionalization, and transinstitutionalisation, whereby large amounts of inpatients with mental illnesses moved out of psychiatric institutions, into the streets, and then into the criminal justice system. The article …


Prefatory Matter, 2021 University of Richmond

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Pressure On The Trigger Will Now Fire The Weapon: An Examination Of How The Supreme Court, Congress, And Presidents Have Left The Legal Foundation For Executive Detention Akin To The World War Ii Era Internment Of Japanese Americans Largely Intact, Kevan F. Jacobson 2021 University of Richmond

Pressure On The Trigger Will Now Fire The Weapon: An Examination Of How The Supreme Court, Congress, And Presidents Have Left The Legal Foundation For Executive Detention Akin To The World War Ii Era Internment Of Japanese Americans Largely Intact, Kevan F. Jacobson

Richmond Public Interest Law Review

Contrary to Chief Justice Robert's dicta, Trump v. Hawaii (2018) did not overrule Korematsu v. United States (1944) which upheld the exclusion of Japanese Americans from the West Coast during World War II. Korematsu and its related cases are still troublingly vital. Their expansive reading of the war powers justifying executive detention has been bolstered by the Court's cases addressing detainees held at Guantanamo Bay. Hamdi v. Rumsfeld (2004), which sanctioned the detention of a U.S. citizen pursuant to the Authorization for the Use of Military Force, exposed a fundamental weakness in the Non-Detention Act, the principal statutory barrier to …


From The Exception To The Rule: A Realistic Analysis And Approach For Advancing Board Diversity, Brianne Donovan 2021 University of Richmond

From The Exception To The Rule: A Realistic Analysis And Approach For Advancing Board Diversity, Brianne Donovan

Richmond Public Interest Law Review

With companies increasingly promoting diversity and inclusion measures, how are they ensuring diversity and inclusion within their own leadership teams? The landscape for gender diversity within corporate boards is bleak and the landscape for racial diversity is worse. Throw in the intersection of race and gender and the picture becomes even bleaker. In order to combat this corporate governance issue, the U.S. and other countries have primarily focused on three regulatory approaches: (1) the quota system, (2) the disclosure method, and (3) the comply-or-explain approach. This paper addresses each approach (internationally and domestically) to implement greater board diversity for U.S. …


Federal Execution Protocols: Lessons Learned In Grammar And Reverse Federalism, Julianna Meely 2021 University of Richmond

Federal Execution Protocols: Lessons Learned In Grammar And Reverse Federalism, Julianna Meely

Richmond Public Interest Law Review

In 2019, the Department of Justice announced that it was ready to restart federal executions and issued a press release outlining how they would proceed. The Press Release dictated that the federal inmates would be injected using a one-drug protocol comprised of the barbiturate pentobarbital. This was a source of controversy as the new federal protocol was not the same protocol used in several states and the federal statute governing executions at the federal level states that federal executions be conducted “in the same manner” as the state in which the execution occurs. This discrepancy sparked litigation in which courts …


Letter From The Editor, Eudora F.S. Arthur 2021 University of Richmond

Letter From The Editor, Eudora F.S. Arthur

Richmond Public Interest Law Review

No abstract provided.


Transformation Of The American Legal System: Permanent Measures From Covid-19, John B. Taschner 2021 University of Richmond

Transformation Of The American Legal System: Permanent Measures From Covid-19, John B. Taschner

Richmond Public Interest Law Review

The COVID-19 pandemic upended virtually every aspect of everyday life, from grocery stores to judicial procedures. The American judicial process is a unique adversarial system that guarantees the right to confront, often before a live jury. Yet, the necessities of social distancing and protecting public health means that these once unshakeable tenets of the United States justice system have been forced to undergo watershed transformation throughout the pandemic. The word transformation is carefully chosen, as certain measures are no longer temporary. Rather, a fundamental shift in the formerly concrete facets of judicial procedure has occurred – almost certainly never to …


Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers 2021 University of Richmond

Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers

Richmond Public Interest Law Review

Over the last several years, there has been a vigorous debate as to whether monuments and memorials of Confederate leaders and controversial historical figures should be purged from the public square. These conversations have included former Supreme Court justices and have led to the removal of multiple statues of former Chief Justice Roger Taney, author of the infamous “Dred Scott” decision. Drawing on the arguments mounted for and against the removal of statues, this article explores the decision of a small liberal arts college to strip the name of former Supreme Court Justice James Clark McReynolds from a campus building. …


United States Penal System: Approaches To Rehabilitating Minor Drug Offenders And The Efforts Of Governments To Reduce The Number Of Incarcerated Individuals, Thomas Tyler Moses 2021 University of Richmond

United States Penal System: Approaches To Rehabilitating Minor Drug Offenders And The Efforts Of Governments To Reduce The Number Of Incarcerated Individuals, Thomas Tyler Moses

Richmond Public Interest Law Review

The War on Drugs drastically changed the criminal treatment of illicit drug users in the United States. Changes in the 1980s brought about stricter sentencing laws for simple possession of unlawful substances. While the intent of the legislature was to prevent repeat offenders through the imposition of harsher penalties, these sterner consequences have forced countless individuals into a vicious cycle of incarceration without being offered the rehabilitative services needed to address substance abuse or addiction. Historically, the legal system has treated minor drug offenders in the same regard as those committing violent crimes. Inmates leaving American prisons often find themselves …


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum 2021 Villanova University Charles Widger School of Law

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


Organic Waste Bans: Beyond The Compost Heap, David Lee 2021 University of Arkansas, Fayettevile

Organic Waste Bans: Beyond The Compost Heap, David Lee

Journal of Food Law & Policy

Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …


The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson 2021 University of Arkansas, Fayetteville

The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson

Journal of Food Law & Policy

Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …


Digital Commons powered by bepress