81818app手机版下载

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

Law and Society Commons

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

11,086 Full-Text Articles 7,442 Authors 4,363,041 Downloads 202 Institutions

All Articles in Law and Society

Faceted Search

11,086 full-text articles. Page 1 of 322.

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney 2021 University of Pittsburgh School of Law

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney

Articles

81818app手机版下载In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena – tax exemption. I argue that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision making is the most fundamental value of political justice ...


Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre 2020 Seattle University School of Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

81818app手机版下载The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...


The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba 81818app手机版下载

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

81818app手机版下载However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark 2020 Hofstra University

Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark

Indiana Law Journal

This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the state parties that accepted them. Intercountry adoption is a useful context in which to consider this proposal for several reasons.

First, as a practical matter, there have probably never been more babies and children in orphanages, on the street, on the market, or on their own. Yet intercountry adoptions have declined to levels not seen for ...


How To Fix Legal Scholarmush, Adam Kolber 2020 Brooklyn Law School

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

81818app手机版下载Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off ...


They’Ll Only Stop Killin’ Us, If You Say Please: The Role Of #Blacklivesmatter, Black Twitter, And Flint, Michigan In Modern Day Respectability Politics, Chasia Elzina Jeffries 2020 University of Southern California

They’Ll Only Stop Killin’ Us, If You Say Please: The Role Of #Blacklivesmatter, Black Twitter, And Flint, Michigan In Modern Day Respectability Politics, Chasia Elzina Jeffries

The Macksey Journal

Respectability politics, which require Black folks to make ourselves as non-confrontational, palatable, and white as possible, pressing our hair, pulling up our pants, and speaking properly are a lasting remnant of the diligent work of Black women during the Jim Crow Era to ensure social uplift and Black survival. This project traces the history of Black women in the development of performative survival and highlights our position and the efficacy of code-switching today, primarily through the Flint Water Crisis. As Black Americans refuse to conform to white standards, becoming more and more proud of our Blackness and as innocent Black ...


The Irony Of Health Care’S Public Option, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

The Irony Of Health Care’S Public Option, Allison K. Hoffman

Faculty Scholarship at Penn Law

The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.

81818app手机版下载Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act ...


Access To Literacy Under The United States Constitution, Christine M. Naassana 2020 Buffalo Law Review

Access To Literacy Under The United States Constitution, Christine M. Naassana

Buffalo Law Review

81818app手机版下载No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law 81818app手机版下载

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond 2020 University of Massachusetts, Amherst

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


How The Notion Of Honor In "Bodas De Sangre" Can Help Reinterpret Cases Like "La Manada", Graceanne LaCombe 2020 Louisiana State University

How The Notion Of Honor In "Bodas De Sangre" Can Help Reinterpret Cases Like "La Manada", Graceanne Lacombe

The Macksey Journal

This essay will delve into the idea that Bodas de sangre, a play written by Federico Garcia Lorca in the early 20th century, still serves as a relevant discussion when determining how gender and societal pressures can correspond to the development of issues in modern-day Spain. It will chronicle a fairly new rape case, referred to as La manada, that initiated a call for reformation of the lingering misogynistic mindsets in some parts of the Spanish judicial system. By analyzing the reaction of the public after the initial verdict, namely large protests across Spain, I hope to unveil a ...


And Justice For None: How Covid-19 Is Crippling The Criminal Jury Right, Brandon Marc Draper 2020 University of Houston Law Center 81818app手机版下载

And Justice For None: How Covid-19 Is Crippling The Criminal Jury Right, Brandon Marc Draper

Boston College Law Review

81818app手机版下载The jury trial is the cornerstone of the criminal justice system in the United States. Amid the COVID-19 pandemic, however, access to fair and constitutional jury trials has largely come to a halt. Courts correctly decided to stop all jury trials and other in-person proceedings as the nation learned more about a new and deadly virus. Nevertheless, this decision denied access to an important constitutional right. In response, some courts employed video conference technology such as Zoom and WebEx to conduct arraignments, general court appearances, and some pretrial hearings. Six months into the pandemic, some criminal courts are beginning to ...


Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips 2020 Gary Kessler Associates / Embry-Riddle Aeronautical University - Daytona Beach 81818app手机版下载

Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips

Journal of Digital Forensics, Security and Law

Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the ...


The Search For Clarity In Attorney's Duty To Google, Michael Murphy 2020 University of Pennsylvania Law School

The Search For Clarity In Attorney's Duty To Google, Michael Murphy

Faculty Scholarship at Penn Law

Attorneys have a professional duty to investigate relevant facts about the matters on which they work. There is no specific rule or statute requiring that an attorney perform an internet search as part of this investigation. Yet attorneys have been found by judges to violate a “Duty to Google” when they have failed to conduct an internet search for relevant information about, for example, a claim, their own client, and even potential jurors in a trial.

So much information is now available to attorneys so easily in electronic search results, it is time to wonder where, when, and how much ...


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School 81818app手机版下载

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

81818app手机版下载This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier 2020 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law 81818app手机版下载

The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier

Georgetown Law Faculty Publications and Other Works

81818app手机版下载Human rights discourse has greatly influenced advocacy for justice in public health. Yet, beyond rhetorical claims, how can we employ human rights to achieve the aspiration of health with justice? Without human rights education to support public health practice, human rights have become a shibboleth of public health—raised frequently to signal devotion to justice, but employed rarely in policy, programming, or practice. As advocates respond to the public health injustices of populist nationalism during an unprecedented pandemic, human rights education must be an essential foundation to hold governments accountable for implementing rights to safeguard public health.


Public Health Violence Prevention: Supporting Law Enforcement, Kira Swensen, Gabriela Murza, Sandra H. Sulzer, Maren Wright Voss 2020 Utah State University

Public Health Violence Prevention: Supporting Law Enforcement, Kira Swensen, Gabriela Murza, Sandra H. Sulzer, Maren Wright Voss

All Current Publications

81818app手机版下载As frustrations over inequalities in policing and law enforcement continue despite attempted reforms (Beckett, 2016), many are asking for a more effective approach. A 2018 issue statement from the American Public Health Association (2018) highlights that violence is a public health issue that will not go away without the influence of a public health approach. The integrated biological-psychological-social model of health recognizes the complexity in the ways individuals are influenced by their situations, with violence as the unfortunate result of the wrong mix of circumstances. The public health approach to violence focuses on prevention as part of the solution. This ...


Law As Scapegoat, Cary Coglianese 2020 University of Pennsylvania Carey Law School

Law As Scapegoat, Cary Coglianese

Faculty Scholarship at Penn Law

Populist nationalist movements have been on the rise around the world in recent years. These movements have tapped into, and fueled, a deep anger among many members of the public. Especially in the face of stagnant or declining economic prospects—as well as expanding inequality—much anger has been directed at minorities and migrants. Politicians with authoritarian tendencies have sought to leverage such public anger by reinforcing tendencies to scapegoat others for their society’s problems. In this paper, I show that laws and regulations—like migrants—can be framed as “the other” too and made into scapegoats. With reference ...


Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon 2020 University of Pennsylvania Carey Law School

Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon

Faculty Scholarship at Penn Law

The hot topic in corporate governance is the debate over corporate purpose and, in particular, whether corporations should shift their purpose from the pursuit of shareholder wealth to pursuing a broader conception of stakeholder or societal value. We argue that this debate has overlooked the critical predicate questions of whether a corporation should have a purpose at all and, if so, why,

We address these questions by examining the historical, legal and theoretical justifications for corporate purpose. We find that none of the three provides a basis for requiring a corporation to articulate a particular purpose or for a given ...


The Aca’S Choice Problem, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School 81818app手机版下载

The Aca’S Choice Problem, Allison K. Hoffman

Faculty Scholarship at Penn Law

The Affordable Care Act (ACA) is in many ways a success. Millions more Americans now have access to health care, and the ACA catalyzed advances in health care delivery reform. Simultaneously, it has reinforced and bolstered a problem at the heart of American health policy and regulation: a love affair with choice. The ACA’s insurance reforms doubled down on the particularly American obsession with choice. This article describes three ways in which that doubling down is problematic for the future of US health policy. First, pragmatically, health policy theory predicts that choice among health plans will produce tangible benefits ...