Law Commons^™

An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal

Faculty Publications

This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …

Zaire: The Positive Role Of Religion In Nation Building, James N. Mackinlay

BYU Law Review

No abstract provided.

Kenya: The Struggle To Create A Democracy, Lindsey Gustafson

BYU Law Review

No abstract provided.

When Is Cumulative Voting Preferable To Single-Member Districting?, Michael E Lewyn

Michael E Lewyn

Cumulative voting is most appropriate in small towns, nonpartisan elections, and jurisdictions in which voters know whether they are in the majority. By contrast, single-member districts are preferable to cumulative voting in big cities, state or federal elections, partisan elections, and elections in which the racial or partisan balance between factions is either close or is unknown to most voters.

Presidential Philosophies And American Foreign Policy: From The Long Telegram To The New Look, John R. Moore

History Theses & Dissertations

American foreign policy often undergoes alteration as presidential administrations change. After World War II president Harry S. Truman and President Dwight D. Eisenhower both implemented a foreign policy aimed at containing the Soviet Union, but the philosophical underpinnings of their foreign policies differed greatly. While the demands of partisan and international politics account for some of this difference, the impact on foreign policy of the two men's personalities deserves attention and investigation. In other words, how did the individual backgrounds, personal beliefs and world views of Truman and Eisenhower dictate their approach to foreign policy? The source used in this …

Foreword, Edwin Meléndez

New England Journal of Public Policy

This is the first of two parts of "Latinos in a Changing Society"; Part II is scheduled for Fall/Winter 1995 publication. The following articles provide new insights into several key areas of concern: immigration, employment and income, and political participation. Part II articles will address education, health, and identity and ethnicity.

On The Brink Of Reform? Restructuring The Un Security Council, Christopher Costello

Honors Theses, 1963-2015

The United Nations is based on the principle of collective security-- nations banding together to protect each other from aggression, both from within the group of nations and from the outside. However, the standard operating procedures of collective security, as embodied by the UN, is unable to meet the changing needs of the international community. This is due in part to the shift in the global power structure and the Security Council's lack of accurate geo-political representation. If the UN expects to continue its efforts to maintain international peace and security, the Security Council's composition must change.

In the 1990s …

Catherine Mackinnon And The Pornography Debate, Patrick Larkin

Honors Theses, 1963-2015

In 1983, Catherine MacKinnon, introduced a new and innovative legal approach to the proliferating problem of pornography. Citing that the current court standard of judging sexually explicit material, obscenity doctrine, did not adequatley address women's issues, MacKinnon devised a city ordinance that would provide a legal definition of pornography concentrating on women's concerns. Ultimately, the civil ordinance would provide a means for women to present the injurious harms done to them by pornography and to seek a remedy in an open court of law. However, the city ordinance stirred controversy. At question was the ordinance's authority within the confines of …

L'Entreprise En Droit, Jean-Philippe Robé

Jean-Philippe Robé

No abstract provided.

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …

Lethal Laws, David B. Kopel

David B Kopel

Book review of Lethal Laws, which examines the relationsip between gun prohibition and genocide in Nazi Germany, the Soviet Union, China, Cambodia, Guatemala, Uganda, and Armenia.

An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli

Scholarly Works

No abstract provided.

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle

All Faculty Scholarship

No abstract provided.

The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli

Scholarly Works

No abstract provided.

Encryption/Decryption Dickwads Of Cipherspace, Raleigh Muns

Raleigh Muns