Subjects -> LAW (Total: 1397 journals)
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    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
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    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

LAW (843 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Villanova Law Review     Open Access   (Followers: 1)
Violence Against Women     Hybrid Journal   (Followers: 39)
VirtuaJus - Revista de Direito     Open Access  
Vniversitas     Open Access  
Waikato Law Review: Taumauri     Full-text available via subscription   (Followers: 1)
Washington and Lee Journal of Energy, Climate, and the Environment     Open Access   (Followers: 2)
Washington and Lee Law Review     Open Access   (Followers: 2)
Washington Law Review     Free   (Followers: 2)
Washington University Global Studies Law Review     Open Access   (Followers: 8)
Washington University Journal of Law & Policy     Open Access  
Washington University Law Review     Open Access   (Followers: 2)
Western Journal of Legal Studies     Open Access   (Followers: 1)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 2)
William & Mary Journal of Women and the Law     Open Access   (Followers: 2)
William and Mary Law Review     Open Access   (Followers: 5)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Wirtschaftsrechtliche Blätter     Hybrid Journal   (Followers: 3)
Wroclaw Review of Law, Administration & Economics     Open Access  
Yale Journal of Law & the Humanities     Open Access   (Followers: 9)
Yale Journal of Law and Technology     Open Access   (Followers: 12)
Yale Journal on Regulation     Full-text available via subscription   (Followers: 20)
Yale Law Journal     Open Access   (Followers: 66)
Yearbook of European Law     Hybrid Journal   (Followers: 23)
Yearbook of International Disaster Law Online     Full-text available via subscription   (Followers: 1)
Yuridika     Open Access  
Zuzenbidea ikasten : Irakaskuntzarako aldizkaria     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
University of Massachusetts Law Review
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2167-8286 - ISSN (Online) 2167-8294
Published by U of Massachusetts Homepage  [18 journals]
  • Privacy or Safety' The Use of Cameras to Combat Special Ed Abuse

    • Authors: Sarah M. Benites
      Abstract: Self-contained classroom students face abuse from educators at disproportionate rates compared to general education students. To combat the abuse, several jurisdictions, including Massachusetts, have proposed or enacted bills enabling cameras to be placed in self-contained classrooms. This has sparked privacy concerns, particularly regarding whether the usage would amount to an infringement on the Fourth Amendment rights of students and educators. This note argues that surveillance is an ineffective deterrent to prevent violent and abusive behavior and should not justify bypassing potential privacy and constitutional violations. It outlines the relevant case law regarding students and teachers and apply these standards to the context of the self-contained classroom. Additionally, it examines the potential policy considerations relating to surveillance usage.
      PubDate: Wed, 15 May 2024 09:33:31 PDT
       
  • Less Litigation, More Business Purpose: Leveraging Dispute Prevention to
           Preserve Business Relationships

    • Authors: Joan Stearns Johnsen
      Abstract: Strong interorganizational relationships play an essential role in business relationships. Soft skills associated with negotiation and communication are key to dealing with disagreements in these relationships. However, many companies do not invest in these aspects of their business relationships until conflicts arise. Dispute resolution provides helpful processes for managing these disputes, but companies can avoid conflict before it arises by investing in dispute prevention. Dispute prevention represents a change in the existing paradigm, yet it poses numerous benefits. By implementing a dispute prevention mechanism, such as a Standing Neutral, companies can invest in strong interorganizational relationships and improve their ability to flexibly respond to changing circumstances, allowing them to save time and money while maintaining focus on their business purpose.
      PubDate: Wed, 15 May 2024 09:33:30 PDT
       
  • We(ed) the People of Cannabis, in Order to Form a More Equitable Industry:
           A Theory for Imagining New Social Equity Approaches to Cannabis Regulation
           

    • Authors: Garrett I. Halydier
      Abstract: States increasingly implement “social equity” programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to the industry’s fundamental confusion of the modern, individualized concept of “equity” with the historical, society-level concept of “social equity.” In this paper, I develop a new theory of “cannabis social equity” to integrate these concepts, and I apply that theory, first, to diagnose why current policies fall short and, second, to propose a new approach to social equity that can remedy the inequities in both the emerging industry and in the populations most adversely affected by the War on Drugs. Through a historiography of the definition of social equity in the cannabis industry, I show how legislators, regulators, advocates, and scholars built the modern definition of social equity by replacing the rich, process-based theories of racial, social, and restorative justice with a narrow set of policies crafted more for narrative resonance than effectiveness. As I argue in a companion article published in the Fall 2023 issue of the University of Massachusetts Law Review, these policies will continue to fail to improve equity in the new industry, bring equitable justice to the previously incarcerated, redistribute resources to inequitably impacted communities, and provide equitable access to cannabis. In contrast, the field of public administration developed the original theory of social equity in the 1970s to provide a philosophical foundation and process for using the mechanisms of program administration and public participation to address societal inequities, not just those inequities created explicitly or implicitly through policy implementation. I extend the traditional theory to include a legislative component that broadens potential solutions by centering the development of cohesive regulatory schema rather than individual policies. I apply the new theory to produce a novel solution that uses the level of legalization as an organizing principle for legislation inpursuit of both implementation equity in the new industry and societal justice for the victims of the War on Drugs. For if all we ask for is equity, there will never be justice.
      PubDate: Wed, 15 May 2024 09:33:30 PDT
       
  • No-Injury and Piggyback Class Actions: When Product-Defect Class Actions
           Do Not Benefit Consumers

    • Authors: Philip S. Goldberg et al.
      Abstract: Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ fees. This article explores why strategic vagueness in plaintiffs’ filings and a lack of vigorous analysis by the courts have allowed no-benefit class actions to unnecessarily consume court resources. The article concludes by offering suggestions for how courts can alleviate some of this pressure, primarily by requiring judges to follow and enforce Federal Rules of Civil Procedure Rule 23(b)(3) as the rule was written and intended.
      PubDate: Wed, 15 May 2024 09:33:29 PDT
       
  • We(ed) Hold These Truths to be Self Evident: All Things Cannabis Are
           Inequitable

    • Authors: Garrett I. Halydier
      Abstract: Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to fail to address the inequities they target. In short, state licensing processes, managed market dynamics, and natural characteristics of the industry conspire to undercut states’ attempts to address social inequity solely by reserving limited numbers of “social equity licenses.” State community investment programs to address inequities are funded by taxes on the populations they are intended to help, and industry-led initiatives are treated as marketing campaigns. Retroactive pardons and expungement are routinely underfunded, hobbled by technical issues, unused by beneficiaries, and insufficiently comprehensive to provide effective resentencing solutions, all while states maintain arbitrary criminalization limits that continue to exacerbate inequity. Finally, direct cannabis regulations remain only tangentially associated with the employment, child custody, housing, insurance, bankruptcy, environmental, and medical research issues presented by the ongoing criminality of cannabis, and the associated inequities remain unaddressed by cannabis regulatory regimes to the ongoing detriment of those most negatively impacted by the War on Drugs.
      PubDate: Wed, 17 Jan 2024 09:03:17 PST
       
  • The Cruel and Unusual Punishment of Prison Rape: Why the Prison Rape
           Elimination Act Failed and How to Fix It

    • Authors: Savannah G. Plaisted
      Abstract: Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. This note will outline Supreme Court precedent relating to sexual abuse and the rights of prisoners, the law of Eighth Amendment violations, the current state of prison sexual abuse, and the ways in which the current version of the Prison Rape Elimination Act fails. It concludes with a revised version of the Prison Rape Elimination Act showcasing the major changes that should be made.
      PubDate: Wed, 17 Jan 2024 09:03:17 PST
       
  • Failing to Learn the Lessons of Madoff: Problems with Applying Iqbal to
           Fraud Claims

    • Authors: Howard Gutman et al.
      Abstract: The Iqbal standard requires all civil actions filed in federal courts to provide detailed proof at the pleading stage for the claim to proceed. Under this standard, cases are adjudicated without the aid of discovery or deposition of witnesses. Cases are decided at the pleading stage based on the documents and statements provided by the one accused of fraud. The tools to uncover deception are not available at this stage. This article argues that the Iqbal pleading standard fails to allow civil courts to adequately detect and adjudicate fraud claims. This article explores fraudulent financial schemes, the Iqbal standard, the standard of plausibility, and the requirement of proof at the pleading stage. This article then analyzes the problems presented by Iqbal when applied to cases of financial fraud. Finally, this article discusses how, rather than learning from the mistakes of the SEC in the Madoff investigation, our civil court system created a framework for adjudication of fraud cases that generates the same risk for misevaluation as was present during the Madoff investigation. This risk for misevaluation is still present because of the courts’ typical process of accepting the words of those accused of fraud, rewarding the falsification of records, misplacing its assessment of credibility, and making determinations based on limited records. Given the problems associated with adjudicating fraud claims under the Iqbal standard, a review of the Iqbal standard is essential to provide victims of fraud with proper recourse and justice.
      PubDate: Wed, 17 Jan 2024 09:03:16 PST
       
  • The Perfect Storm: A Look at the Robinhood Shutdown and the Shady Security
           Practices of Payment for Order Flow, Gamification, and Clickwrap
           Agreements

    • Authors: Justin M. Taylor
      Abstract: SEC guidelines and Federal Courts have stated, and recently upheld, that brokerdealers do not owe a fiduciary duty to retail investors if they do not provide them with investment advice, but this opens up retail investors to significant and costly mistreatment by financial institutions with no avenue for recourse. Using payment for order flow, gamification, and click-wrap agreements by broker-dealers creates a conflict of interest between themselves and the retail investors they act on behalf of. This article argues that retail investors should have an avenue of recourse against financial institutions when they breach their duty to these investors by failing to act in their best interest. This article will focus on the Robinhood shutdown, the recent Best Interest regulation, and how the practices mentioned above can harm retail investors if misused. Additionally, this article will explore the current SEC standing on these practices and certain financial institutions’ perceptions of them. Lastly, it will pose the implementation of a broad fiduciary duty on those financial institutions and brokers that use these practices.
      PubDate: Tue, 09 May 2023 11:58:50 PDT
       
  • Forced to Play and Forced to Pay: The Indigent Counsel Fee in
           Massachusetts as a Cost of Being Charged with a Crime

    • Authors: Stanislaw Krawiecki
      Abstract: When indigent defendants in Massachusetts are charged with a crime and receive a court-appointed lawyer, they are also charged something else: a fee. This $150 fee is imposed on criminal defendants by the state as soon as they receive a constitutionally guaranteed "free" legal defense. The Article focuses on this inherent contradiction and identifies its far-reaching effects in undermining individuals’ constitutional protections. Massachusetts’s indigent counsel fee "chills" the right to counsel, creating a straightforward result for indigent individuals who are faced with a choice between paying for a "free" lawyer and not disclaiming their constitutional right to one. The deeper problem is that this fee cuts across the presumption that every person is innocent until proven guilty. The Article then argues that the presumption of innocence is violated by obliging individuals to pay, or alternatively perform community service for free, by virtue of the state's decision to bring criminal charges against them. Therefore, being charged with a crime already carries consequences and signals that the defendant is no longer considered fully innocent in a flagrant violation of the premise of a just legal system. There should be no grey area concerning the interpretation of either the presumption of innocence or for constitutional rights. There should be no fee for having been dragged into the criminal justice system by the government's unilateral decision.
      PubDate: Tue, 09 May 2023 11:58:50 PDT
       
  • Blatant Discrimination within Federal Law: A 14th Amendment Analysis of
           Medicaid’s IMD Exclusion

    • Authors: J. Michael E. Gray et al.
      Abstract: A discriminatory piece of Medicaid law, the institution for mental diseases (IMD) exclusion, is denying people with serious mental illness equal levels of treatment as those with only primary healthcare needs. The IMD exclusion denies the use of federal funding in psychiatric hospitals for inpatient care. This article discusses the history and collateral implications of the IMD exclusion, then examines it through the lens of the Equal Protection Clause of the Fourteenth Amendment, argues that people with severe mental illness constitute a quasi-suspect class, and that application of intermediate scrutiny would render the IMD exclusion unenforceable.
      PubDate: Tue, 09 May 2023 11:58:49 PDT
       
  • Determining What’s Not Obvious: Should a Reasonable Expectation of
           Success Invalidate Patent Applications'

    • Authors: Natalie Peters
      Abstract: Patents are necessary to incentivize innovation because they grant owners the right to protect inventions. To be patentable, an invention must be useful, it must be novel, and it must not be obvious. But the judiciary has struggled to apply the latter requirement, non-obviousness, particularly for highly technical innovations subject to FDA regulations. For these innovations, the progression through the regulatory jungle can take ten to twenty years and millions of dollars (2.6 billion for a pharmaceutical drug). The complexities of the regulatory process can also render an innovation unprotected by patent rights because, by the end of the process, the patent office may determine that the invention is “obvious” as a direct consequence of the process itself. But rendering inventions unpatentable merely because they show a reasonable expectation for success goes against the public interest. Because of the changing landscape of the path to the public domain and significant disincentives in regulated technologies, incentivizing innovation requires a reinterpretation of the obviousness standard.
      PubDate: Wed, 01 Feb 2023 11:12:29 PST
       
  • Towards an Understanding of Critical Race Theory: Dispelling False Claims
           and Misrepresentations

    • Authors: Shiv Narayan Persaud
      Abstract: The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is to open a new discussion on these issues, rooted in promoting cultural competency in the legal profession.
      PubDate: Wed, 01 Feb 2023 11:12:28 PST
       
  • Neither a Borrower nor a Lender Be: Analyzing the SEC’s Reaction to
           Crypto Lending

    • Authors: Carol R. Goforth
      Abstract: In June 2021, the largest U.S.-based crypto exchange, Coinbase, announced plans to allow its customers to earn 4% interest on deposits of certain cryptoassets through a new “Coinbase Lend” program. Despite a positive reaction from its customers, on September 7, 2021, Coinbase announced it had received a notice from the Securities and Exchange Commission (SEC) to the effect that the Commission had preliminarily concluded that the proposed Lend program was a security and that Coinbase would be in violation of the federal securities laws if it proceeded. The threat of enforcement caused Coinbase to terminate the program. Shortly thereafter, in the wake of several state enforcement actions, the SEC also announced a settlement with BlockFi that terminated its crypto lending program in the U.S. Neither of these actions conclusively explained the test that the SEC was using to determine when a crypto lending program involves the issuance of a security. This article considers the appropriate test for evaluating crypto lending programs and concludes that in many cases, the appropriate test should look at whether there are “notes” that fit within the definition of security. This article suggests that the SEC is applying the federal securities laws too broadly without offering sufficient explanation for its interpretations and that the Coinbase Lend program in particular should not have been shuttered. The article concludes that continuing regulatory uncertainty as to the scope of the federal securities laws is depriving U.S. citizens of potentially valuable opportunities.
      PubDate: Wed, 01 Feb 2023 11:12:27 PST
       
  • Rage Against the Machine: Reducing Robocall Abuse to Protect At-Risk
           Consumers

    • Authors: Nicole Egan
      Abstract: For most people, robocalls are nothing more than an annoying side-effect of owning a cell phone today. But a successful robocall scheme is still capable of wreaking financial and psychological havoc on its victims. Senior citizens and cognitively impaired individuals are often targeted by fraudulent phone calls or texts because they may have trouble understanding how to identify and protect themselves from robocall abuse. This Note proposes a collaborative solution to this problem by calling on the judiciary and legislatures to minimize the amount of robocalls received by American telephone consumers. By adopting a broader understanding of the law and enacting stricter regulatory measures concerning automated calls and text messages, this Note theorizes that the unfair impact of robocalls on these targeted communities would decrease. After all, robocalls are a favorite tool used to illegally defraud unwitting recipients, many of whom are elderly or cognitively harmed. Rather than tasking telephone consumers with protecting themselves from phone fraud, the government should take responsibility and stop robocallers from evading the law in the first place.
      PubDate: Fri, 13 May 2022 12:47:20 PDT
       
  • “That’s the Hate They’re Giving Us, Baby, A System Designed Against
           Us.” The Restorative Justice Solution to the School-to-Prison Pipeline

    • Authors: Amanda Iocono
      Abstract: The school-to-prison pipeline is one of the nation’s biggest challenges as students of color, LGBTQIA+ students, and students with disabilities are being funneled into prisons. Thousands of articles have been written on the existence of the school-to prison pipeline and potential solutions. Federal and state policies have shifted to combat the pipeline, but there is still a large proportion of our nation’s students being criminalized on account of their looks and behaviors. This Note argues that the school-to-prison pipeline is a systemic practice of the American education system, and the education system is functioning exactly as designed. The continued use of zero tolerance policies and school resource officers are proof that this system exists and continues to evolve. To address the real structural inequities of the school system, it must be met with equally radical practices, such as restorative justice, that address the systemic harm. Restorative justice, when done correctly and with the right resources, can be the solution to the school-to-prison pipeline.
      PubDate: Fri, 13 May 2022 12:47:19 PDT
       
  • Life’s Complexities: Rethinking Barnette, the Flag, Totalitarianism,
           and the First Amendment

    • Authors: Daniel Gordon
      Abstract: This article rethinks the meaning of the 1943 Barnette case and questions the canonical status of Justice Robert Jackson’s famous opinion for the majority. On the assumption that we have lost sight of the logic that had been used to uphold compulsory flag salute laws, the article traces the many state court opinions on this topic prior to World War II. Also brought under scrutiny is Jackson’s usage of the term “totalitarian” to describe flag salute laws, a quasi-theological term promoted first and foremost by the Jehovah’s Witnesses. Jackson’s opinion in Barnette, while rhetorically compelling, was out of sync with his own First Amendment jurisprudence as a whole. Finally, the article highlights overlooked strengths of Justice Felix Frankfurter’s dissent in Barnette, notably his defense of state jurisdiction on the basis of epistemic pluralism. What makes Barnette a truly great case is not the often quoted passages in Jackson’s opinion but the complex interchange between Jackson and Frankfurter about the nature of democracy and judicial review.
      PubDate: Fri, 13 May 2022 12:47:19 PDT
       
  • How to Expand Rape by Deception and Protect Consent

    • Authors: Ricardo Licea
      Abstract: The trend towards accepting the violation of consent as the underlying wrong addressed by rape law conflicts with the almost universal rejection of rape by deception. Rape by deception is limited to fraud in the factum, however the exclusion of fraud in the inducement finds no support under a consent framework. The principal objections to the expansion of rape by deception are that it will criminalize common behavior, that rape by deception produces only minor harm, and that self-protection is a viable alternative. Analogizing from the criminalization of deception to obtain money shows that the criminal deception statutes need not be overbroad, and that self-protection is not an entirely feasible strategy. Moreover, rape by deception can in some circumstances produce the same core harms that distinguish forcible rape from other assaults. The problems raised by the critics of rape by deception can be avoided by adopting a test under which rape by deception is expanded to cover situations where a party has been made aware that the truth of an ascertainable representation relating to their person at the time of sexual intercourse is a prerequisite of consent to sexual intercourse and willfully deceives as to that representation with the intent of engaging in sexual intercourse. In recognizing the challenges surrounding such an expansion of criminalized rape by deception, a narrower test focused on core harms such as unwanted pregnancy and sexually transmitted infection is also offered.
      PubDate: Fri, 13 May 2022 12:47:18 PDT
       
  • The PowerPoint Channel

    • Authors: Lynn M. LoPucki
      Abstract: This Article is the first to present a comprehensive theory and style for using PowerPoint to teach law. The theory is that presentation software adds a channel of communication that enables the use of images in combination with words. Studies have shown that combination to substantially enhance learning. The style is based on an extensive literature regarding the use of PowerPoint in teaching law and other higher education subjects as well as the author’s experimentation with PowerPoint over two decades. The Article states fourteen principles for slide or slide sequence design, provides the arguments from the literature for and against them, and explains the techniques by which the author implements them. It argues that PowerPoint is effective for eight purposes: (1) providing high-level overviews, (2) explaining concepts, (3) listing sets of rules or possibilities, (4) analyzing statutory or other language, (5) comparing statutes, rules, and concepts, (6) showing physical manifestations of the legal system such as documents or websites, (7) diagramming concepts, relationships, and transactions, and (8) supporting discussions by displaying the assumptions on which the discussions are based. The Article contains miniatures of fifteen full-color slides that exemplify both these uses and the design principles. It concludes that a PowerPoint channel that is on all the time is inevitable. But before that happens, law teachers must design the imagery through which law will be taught.
      PubDate: Sat, 26 Feb 2022 11:52:09 PST
       
  • The President Who Cried Voter Fraud: A Recurring Theme of Baseless
           Allegations

    • Authors: Alyssa F. McCartney
      Abstract: In 2019, Pennsylvania enacted Act 77, the first update to the Pennsylvania Election Code in nearly eighty years. Passed on a bipartisan basis, the law included a measure that permitted “no reason” mail-in ballots. Act 77 allowed any registered voter to request a ballot by mail, fill it out in the applicable time frame, and send it back to be processed. In the wake of a global pandemic that left Americans unable to leave their homes, this necessary update caused quite the controversy only a few months after it was passed. The primary election used the updated process for the first time on June 2, 2020. Receiving nothing but praises and positive feedback, the measures seemed to keep tensions at ease. That is, until the sitting President’s re-election campaign filed suit against Pennsylvania Secretary of State Kathy Boockvar and the Commonwealth’s sixty-seven counties. Explaining a new process comes with challenges, but when you tack on a President purposely fanning the flames of doubt, mail-in ballots proved to be a tough sell. As President Donald J. Trump continued to allege baseless voter fraud accusations, the American people grew more restless in a year that was already full of uncertainty. As a key swing state in presidential elections, Pennsylvania took center stage in Trump’s war on the election “rigged by Democrats.” This article aims to address Trump’s relentless allegations of voter fraud—something that was sadly not new for him. By analyzing Pennsylvania and offering an insight into Centre County election protocols, this article will squash the baseless accusations to show the election results were fair, free, and unaffected by alleged fraud. Although President Trump refused to concede in hopes of the United States Supreme Court intervening, he lacked any standing and could not offer substantial evidence to support his claims. In short, these frivolous lawsuits were an attempt to undermine our democratic process by a man who has no shame spinning the narrative to suit his needs.
      PubDate: Sat, 26 Feb 2022 11:52:09 PST
       
  • Taking the Rule of Law Seriously

    • Authors: Michele Cotton
      Abstract: American legal scholars and jurists have given the rule of law their sustained attention, and the international community has treated it as an important measure of societal well-being. But still the rule of law is not taken seriously. For one thing, little effort has been made to craft a definition of the rule of law that is actually useful. And even when legal scholarship does try at empiricism that could illuminate the vitality of our rule of law, it generally starts from the wrong hypotheses and uses the wrong methods. It focuses on how to achieve “access to justice” and privileges quantitative approaches and the supposed “gold standard” of the randomized controlled trial over the qualitative assessment that is necessary to hold ourselves accountable for the rule of law. However, it is nonetheless possible to derive a workable, consensus definition of the rule of law from the varied and elaborate concepts offered by legal scholars and jurists, which would provide a metric that could be used as the basis for more directly relevant research. Further, some of the research that has already been done about what goes on in our courtrooms does suggest what work evaluating the extent to which we are achieving the rule of law would look like. Such research must be done if we intend to ensure a fundamentally important mechanism for achieving many of our most cherished values, including equal treatment and social justice. We have to take the rule of law seriously if we intend to uphold those values.
      PubDate: Sat, 26 Feb 2022 11:52:08 PST
       
 
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  Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

LAW (843 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Villanova Law Review     Open Access   (Followers: 1)
Violence Against Women     Hybrid Journal   (Followers: 39)
VirtuaJus - Revista de Direito     Open Access  
Vniversitas     Open Access  
Waikato Law Review: Taumauri     Full-text available via subscription   (Followers: 1)
Washington and Lee Journal of Energy, Climate, and the Environment     Open Access   (Followers: 2)
Washington and Lee Law Review     Open Access   (Followers: 2)
Washington Law Review     Free   (Followers: 2)
Washington University Global Studies Law Review     Open Access   (Followers: 8)
Washington University Journal of Law & Policy     Open Access  
Washington University Law Review     Open Access   (Followers: 2)
Western Journal of Legal Studies     Open Access   (Followers: 1)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 2)
William & Mary Journal of Women and the Law     Open Access   (Followers: 2)
William and Mary Law Review     Open Access   (Followers: 5)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Wirtschaftsrechtliche Blätter     Hybrid Journal   (Followers: 3)
Wroclaw Review of Law, Administration & Economics     Open Access  
Yale Journal of Law & the Humanities     Open Access   (Followers: 9)
Yale Journal of Law and Technology     Open Access   (Followers: 12)
Yale Journal on Regulation     Full-text available via subscription   (Followers: 20)
Yale Law Journal     Open Access   (Followers: 66)
Yearbook of European Law     Hybrid Journal   (Followers: 23)
Yearbook of International Disaster Law Online     Full-text available via subscription   (Followers: 1)
Yuridika     Open Access  
Zuzenbidea ikasten : Irakaskuntzarako aldizkaria     Open Access  

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School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
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