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9,617 full-text articles. Page 271 of 275.

Equitable Balancing In The Age Of Statutes, Jared Goldstein 2010 Roger Williams University School of Law

Equitable Balancing In The Age Of Statutes, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz III 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz Iii

Scholarly Works

This article emerged from my participation in a Symposium addressing global perspectives on the topic, "Anti-Discrimination Discourse and Practices," sponsored by The Jean Monnet Chair of European Law at Cagliari University, Sardinia. The article examines the rhetorical development of the "reasonable woman" standard of hostile work environment sexual harassment under Title VII. I argue that the rhetorical framing of the standard has unnecessarily limited its impact, perhaps to the point of undermining its potential to radically revise our understanding of gender discrimination. I suggest how the rhetorical power of the standard might be recovered.


The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser 2010 Georgetown University Law Center

The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser

Georgetown Law Faculty Publications and Other Works

This Article examines bystander norms of disinterest and blame that inform and undermine strategies for dealing with significant social problems such as domestic violence. Current strategies rely on individual “empowerment” to reduce such violence. These strategies reflect fundamental misconceptions and false assumptions about the nature of domestic violence, about why this sort of violence persists so stubbornly, and, ultimately, about what it takes to change behavior that has long been tolerated, if not actually fostered, as a result of deeply imbedded social and cultural norms. The net effect is that far from empowering abused women, let alone reaching the norms ...


Why Care About Mass Incarceration?, James Forman Jr. 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 ...


Mapping The Issues: Public Health, Law And Ethics, Lawrence O. Gostin 2010 Georgetown University Law Center

Mapping The Issues: Public Health, Law And Ethics, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The field of public health is typically regarded as a positivistic pursuit and, undoubtedly, our understanding of the etiology and response to disease is heavily influenced by scientific inquiry. Public health policies, however, are shaped not only by science but also by ethical values, legal norms, and political oversight. Public Health Law and Ethics: A Reader (expanded and updated 2nd ed., 2010) probes and seeks to illuminate this complex interplay, through a careful selection of government reports, scholarly articles, and court cases together with discussion and analysis of critical problems at the interface of law, ethics, and public health. The ...


A Study In Law And Literature: Themes Of Exceptionalism And Equity In British And American Culture, William J. Wagner 2010 The Catholic University of America, Columbus School of Law

A Study In Law And Literature: Themes Of Exceptionalism And Equity In British And American Culture, William J. Wagner

Scholarly Articles and Other Contributions

The advent of a new scale of international terrorism on September 11, 2001 posed a case for moral and legal evaluation that appeared to some in the global community to evade the reach of received rules or principles of moral or political action. The perceived threat and a certain sense by some governmental actors to an entitlement of latitude in response seemed to sever the situation from rules and principles in a depth dimension of consciousness. For many, the case's enormity overwhelmed its abstract moral definition. The foreign policy response of the United States-the country which had been attacked-further ...


Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin 2010 Florida A & M University College of Law

Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin

Journal Publications

Some folks are good. But man is evil. He is driven by impulses, avarice, reason, scholarship, and barbarism. Ghana's history affirms some of the social and philosophical claims about man and evil. A scholarly narrative about American economic life, trenched in Ghana like an overlay, will unveil bits about big businesses, small businesses, and doing business in Ghana.


Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith 2010 Florida A & M University College of Law

Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith

Journal Publications

Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), patient dumping is illegal in the United States. American hospitals cannot inappropriately discharge or transfer unstable patients to other medical facilities in the United States without violating EMTALA. Yet, American hospitals are doing this very thing- international patient dumping, by inappropriately transferring or discharging (i.e. shipping) indigent undocumented immigrants in arguably unstable conditions to Third World medical facilities in the home country of the immigrant absent federal government oversight or compliance with EMTALA.


Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian 2010 St. John's University School of Law

Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian

Faculty Publications

Although American scholarship has begun to address both Christian and Islamic jurisprudence in a serious way, virtually none of the literature attempts to compare the place of law in these two world religions. This Essay begins to compare Islamic and Christian conceptions of law and suggests some implications for contemporary debates about religious dispute settlement. Islam and Christianity are subtle and complex religions. Each has competing strands; each has evolved over millennia and expressed itself differently over time. Moreover, although systematic treatments of Islamic law are beginning to appear in English, much remains available only in languages, like Arabic, that ...


Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig 2010 Dalhousie University Schulich School of Law

Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig

Articles & Book Chapters

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 ...


About Sdlp, Sustainable Development Law & Policy 2010 American University Washington College of Law

About Sdlp, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


About Sdlp, Sustainable Development Law & Policy 2010 American University Washington College of Law

About Sdlp, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis 2010 University of Pennsylvania

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship at Penn Law

No abstract provided.


Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson 2010 Washburn University

Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson

Oklahoma Law Review

No abstract provided.


Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf 2010 Georgia State University College of Law

Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.


Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon 2010 John Marshall Law School

Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon

The John Marshall Law Review

No abstract provided.


The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André 2010 John Marshall Law School

The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André

The John Marshall Law Review

No abstract provided.


The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes 2010 John Marshall Law School

The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes

The John Marshall Law Review

No abstract provided.


Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse 2010 John Marshall Law School

Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse

The John Marshall Law Review

No abstract provided.


International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar 2010 John Marshall Law School

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

The John Marshall Law Review

No abstract provided.


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