Law Commons^™

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Michael Greenberger

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill W. Hayes, Lori Pelletier

Sherrill W. Hayes

Gouverner: Détecter Et Prévenir!, Antoinette Rouvroy

Antoinette Rouvroy

No abstract provided.

The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

This message has several purposes. First, I want to express my immense joy that Chip Baggett and I are serving as Co-Presidents of AHP since August 16, 2009. In my view, Chip and I are long-time friends, who have a transcendent connection and synergistic energies. My desire and intent is for our co-presidency to mirror the effect(s) of synergistic collaboration as a “point of attraction” that can assist in the evolution of human consciousness across often “perceived personal and societal boundaries” (e.g., race, culture, ethnicity, class, individual and collective belief systems, and dogma). More generally, however, this message is intended …

The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield

Gillian K Hadfield

The problem of harmonizing legal rules across multiple overlapping legal orders is, in part, a problem of knowledge. If the public goal of harmonization is to promote value in transactions and dispute resolution, a legal regime needs institutions that facilitate the production of multijural human capital: expertise about how legal rules interact with each other and with the environment in which economic actors design transactions and dispute processing mechanisms. Because much of this expertise is embedded with the actors involved in transactions and disputes, the production of expertise has to be supported by adequate incentives for private actors to invest …

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron

David D. Caron

No abstract provided.

Making Change: A Six-Month Review, Gregory Koger

Gregory Koger

This article surveys President Obama's policy agenda-setting for the first six months of his term. I consider whether the conditions ripe for an ambitious policy agenda and summarize the logic of Presidential agenda-setting. I use this framework to explain the Democrats' agenda for 2009, summarize their progress thus far, and discuss the implications for the Democratic Party in 2010 and after. Although the Democrats have made significant progress on their policy goals, they have not reaped the full political rewards from this success. Instead, the majority party will likely be judged on the pace of economic recovery and whether they …

Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter

Ben Depoorter

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how uncertainty over the application of existing copyright law to newly emerging technology catalyzes the actions of copyright owners and users. I argue that uncertainty and delay (1) have an enabling effect on anticopyright sentiments, (2) lead to a greater reliance on self-help efforts by content providers and users, and (3) induce legislative involvement in copyright law. In the final …

Shifting Money Into The Classroom, Jeff Abbott

Jeff Abbott

The author argues that by adopting the freedom school model of public school governance, which de-regulates and de-politicizes public schools, substantial tax savings will occur.

Organizational Culture, Professional Ethics, And Guantanamo, Greg Mcneal

Greg McNeal

In this symposium essay I draw attention to the intersection between the social scientific literature on organizational culture and the legal ethics literature. Drawing from the organizational theory literature I detail a framework for assessing organizational culture and explain how organizational culture reflects more than rules and structure within an organization, but rather represents deeper values, practices, and ways of thinking. While organizational culture is difficult to change, it can be modified or sustained through power, status, rewards, and other mechanisms. After establishing a baseline for assessing organizational culture I highlight efforts by the Bush administration to exercise control over …

Public Responsibility And Political Consumption (In Hebrew), Assaf Meydani

Prof. Assaf Meydani

In the last two decades in Israel, numerous attempts at reform have been made in various areas, but have not left a significant mark. Why has it been so difficult to implement these reforms and why did they fail? This book examines various governmental failures in Israel, both institutional and behavioral-cultural ones, and suggests possible solutions that, whilst perhaps less than optimal, would nevertheless be feasible to implement and stem from long-range thinking. The book emphasizes the structural, procedural, and social factors that impact public policy in Israel and describes their complex interactions with various players in Israeli society. The …

Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations? Three Logics Of Nonproliferation Decision-Making, Andrew J. Grotto

Andrew J Grotto

Why do states that oppose nuclear proliferation resist initiatives to strengthen the nonproliferation regime? There is virtually universal support for the basic principle of nonproliferation—all countries but four are states-party to the Non-Proliferation Treaty (NPT). Yet enthusiasm among NPT parties for proposals to strengthen the nonproliferation regime varies widely even as new challenges highlight dangerous gaps in the regime.

There is something approaching consensus among scholars and policy-makers that many states resist proposals to strengthen the nonproliferation end of the NPT bargain largely because America and other NWS haven’t made satisfactory progress towards nuclear disarmament. I suggest this consensus rests …

The Perfect Storm…Coming To A Community Near You, Jeff Abbott

Jeff Abbott

Now in the year 2009 a new type of perfect storm is rapidly developing in public education. Like the 1991 perfect storm, three merging storms are coming together to produce a most violent storm in the public education arena. Those merging storms are the: • The American Recovery and Reinvestment Act of 2009 (“the stimulus bill”; • The excessive regulation of public schools; and • The excessive politicization of public schools.

Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall

Noah D Hall

Throughout human history, water has defined our sense of place. American water law reflects the connections between water and local people, communities, and the environment. Against this backdrop, global water markets have developed to sell and export this increasingly precious resource. Water markets are recognized in international trade law and take many forms, from tankers of freshwater crossing the Mediterranean to bottles of spring water coming to America from distant pacific islands. While the scale of water sales and exports is still relatively small, this emerging market represents a new challenge for management of water resources. This article examines the …

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Philip J. Nyhus

No abstract provided.

Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun

Reza Rajabiun

Competition Law And The Economy In The Russian Federation, 1990-2006, Reza Rajabiun

Reza Rajabiun

Competition Law As Development Policy: Evidence From Poland, Reza Rajabiun

Reza Rajabiun

Impact Of Social Issues On Public Sector Employees: Research Summary And Implications For Workplace Conflict Professionals, Sherrill W. Hayes

Sherrill W. Hayes

Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

This study examined the mediating role of loneliness (assessed by self-report at Time 2; Grade 6) in the relation between early social preference (assessed by peer report at Time 1; kindergarten through Grade 3) and adolescent anxious/depressed symptoms (assessed by mother, teacher, and self-reports at Time 3; Grades 7–9). Five hundred eighty-five boys and girls (48% female; 16% African American) from three geographic sites of the Child Development Project were followed from kindergarten through Grade 9. Loneliness partially mediated and uniquely incremented the significant effect of low social preference in childhood on anxious/depressed symptoms in adolescence, controlling for early anxious/depressed …