Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional History (4)
- Jurisprudence, Government, Courts, and Constitutional Law (2)
- Juvenile Justice (2)
- Law & Economics (2)
- The Federalist (2)
-
- Alien Tort (1)
- Aretaic legislation (1)
- Banking (1)
- Baptists and bootleggers (1)
- Behavioral Law and Economics (1)
- CSR (1)
- Cass Sunstein (1)
- Christine Jolls (1)
- Civil rights litigation (1)
- Cloture (1)
- Cloture reform (1)
- Collective bargaining (1)
- Contracts (1)
- Conventional option (1)
- Coordination (1)
- Corporate Social Responsibility (1)
- Criminal Justice (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Debt (1)
- Decisionmaking (1)
- Dodge v. Ford Motor Company (1)
- Evolutionary analysis of law (1)
- Evolutionary psychology (1)
- Federal convention (1)
- Publication
-
- Peter J. Aschenbrenner (4)
- Jeffrey J. Rachlinski (3)
- Donald J. Kochan (2)
- Ahmed E SOUAIAIA (1)
- Dr. Sharlette A. Kellum-Gilbert (1)
-
- Floralynn Einesman (1)
- Gillian K Hadfield (1)
- Gregory Koger (1)
- Herman Schwartz (1)
- Ira P. Robbins (1)
- Jeremy de Beer (1)
- Jingping Zhang (1)
- John H. Blume (1)
- Leila Brännström (1)
- Matthew Parlow (1)
- Monica Brooks (1)
- Paris Webb (1)
- Philip M Stinson (1)
- Roger G. Dunham Dr. (1)
- Sergio Verdugo R. (1)
- Thomas H. Morawetz (1)
- Yueh-Hsuan Weng (1)
- thomas b marvell (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski
The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
John H. Blume
No abstract provided.
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Philip M Stinson
Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …
Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner
Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787. The best known are Major Wm. Jackson and James Madison, the convention’s official Secretary and its unofficial note-taker, respectively. The efforts of all twelve note-takers are surveyed by output.
Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia
Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Floralynn Einesman
No abstract provided.
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Thomas H. Morawetz
No abstract provided.
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Roger G. Dunham Dr.
No abstract provided.
Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D.
Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D.
Dr. Sharlette A. Kellum-Gilbert
Consciously or subconsciously, educators are funneling our children from schools to prisons. Moreover, they’re uploading African American and Hispanic children into the system at a number that is measurably out of proportion to their White counterparts. Ticketing students for minor behavior infractions and labeling them as “alternative” often causes them to act out alternatively. Becker (1963) believes that those who create rules and labels for others that do not follow those rules are actually responsible for creating deviance. Ultimately, when students are hastily ticketed and charged when they act out, it’s much easier for them to drop out of school …
The Conventional Option, Gregory Koger
The Conventional Option, Gregory Koger
Gregory Koger
The Study Of Safety Governance For Service Robots: On Open-Texture Risk, Yueh-Hsuan Weng
The Study Of Safety Governance For Service Robots: On Open-Texture Risk, Yueh-Hsuan Weng
Yueh-Hsuan Weng
Sentencing Guidelines And Prison Population Grouth, Thomas B. Marvell
Sentencing Guidelines And Prison Population Grouth, Thomas B. Marvell
thomas b marvell
No abstract provided.
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Monica Brooks
Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Paris Webb
Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Jingping Zhang
Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access
Stop And Frisk (A Case Study In Judicial Control Of The Police), Herman Schwartz
Stop And Frisk (A Case Study In Judicial Control Of The Police), Herman Schwartz
Herman Schwartz
No abstract provided.
Law, Objectives Of Government And Regimes Of Truth: Foucault’S Understanding Of Law And The Transformation Of The Law Of The Eu Internal Market, Leila Brännström
Law, Objectives Of Government And Regimes Of Truth: Foucault’S Understanding Of Law And The Transformation Of The Law Of The Eu Internal Market, Leila Brännström
Leila Brännström
Drawing on Security, Territory, Population and The Birth of Biopolitics, this article aims, firstly, to consolidate our understanding of Foucault’s engagement with law by fleshing out his approach to law and by clarifying that he distinguishes between different kinds of law on the basis of the objectives that law serves and the regime of truth that it embodies. Secondly, using this understanding, the article proceeds to illustrate how the objectives and the regime of truth of the EU internal market law have been displaced in the last few decades. It is argued that this body of law has increasingly come …
Counting Words In The Federalist, Peter J. Aschenbrenner
Counting Words In The Federalist, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents; they do this by approving (or not disapproving) official action (in the recent past); in turn, these officials look back to official action taken at time/s more or less remote from the present for their precedents.
Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner
Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Machine-readable text of the eighty-five Federalist Papers is provided
Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman
Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman
Jeremy de Beer
This chapter reviews conceptual frameworks to understand and measure innovation, and then outlines links between innovation and the concepts of entrepreneurship, the informal economy (IE) and intellectual property (IP). The review suggests that the time is ripe for African policy-makers to seek more holistic approaches to facilitating innovation and, in turn, to fostering socio-economic development in African nations.
Leyes De Quórum Calificado Y Debate Constituyente, Sergio Verdugo Sverdugor@Udd.Cl
Leyes De Quórum Calificado Y Debate Constituyente, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
No abstract provided.
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Many social scientists rely on the rule of law in their accounts of political or economic development. Many however simply equate law with a stable government capable of enforcing the rules generated by a political authority. As two decades of largely failed efforts to build the rule of law in poor and transition countries and continuing struggles to build international legal order demonstrate, we still do not understand how legal order is produced, especially in places where it does not already exist. We here canvas literature in the social sciences to identify the themes and gaps in the existing accounts. …
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Ira P. Robbins
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan
Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate social responsibility activism to include both (1) those efforts that seek to convince corporations to voluntarily take into account corporate social responsibility in their own decision-making, and (2) the efforts to alter the legal landscape and expand legal obligations of corporations beyond traditional notions of harm and duty so as to force corporations to invest in interests …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Matthew Parlow