The functionality of citizenship
The two components of citizenship, functional citizenship and nationality, should be decoupled in US law to strengthen the cultural identity and communitarian component of citizenship that should be embodied in nationality. Functional citizenship is primarily concerned with establishing a legal relationship between the individual and the state that results in material benefits to the individual. The polity would be better served by considering nationality to be an independent commitment free of political or economic pressure.
Publication Name: Harvard Law Review
Prosecuting domestic assault: victims failing courts, or courts failing victims?
Police and members of the court system should reassess their treatment of domestic assault cases and recognize the difficult predicament presented to the wives in prosecuting their abusive husbands. Courts and police fail to take domestic abuse cases seriously and continue to perceive them as private family issues without acknowledging the danger of the situations. The refusal of many wives to prosecute compounds this erroneous attitude.
Publication Name: The Howard Journal of Criminal Justice
- Abstracts: Franchise trade dress: what do courts mean by the terms distinctiveness, functionality, and likelihood of confusion?
- Abstracts: Finding the courage to make tough decisions. Can business ever make an honest mistake? Finding a place for the jobless in discrimination theory
- Abstracts: Should we toss Foss? Toward an Australian statutory derivative action. Yes: international law should not negate the Constitution
- Abstracts: Effective use of "employment practices experts" in employment litigation. ADR flexibility in employment disputes