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Articles 571 - 600 of 601
Full-Text Articles in Law
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms' environmental management. Synthesizing the results of a conference of leading scholars and …
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that works to create consensus on some of the core commitments of constitutionalism--liberty of conscience, toleration, limited government, and the rule of law? This essay explores these questions from the perspectives of contemporary political philosophy and constitutional theory. The thesis of the essay is that pluralism--the diversity of religious and secular conceptions of the good--can and should work as a force for …
Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste
Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste
Faculty Scholarship
No abstract provided.
An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating
An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating
Engineering Management & Systems Engineering Faculty Publications
Border Security is a complex system consisting of many interrelated components that must function as a whole in order to be effective. The efficacy of border security is dependent on several independent agencies; these include U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), state and local law enforcement, and many others. Border security is not only a function of how well each of the agencies perform individually but also how well they interact to accomplish a goal. This paper attempts to model border security from a Border Patrol (BP) perspective using discrete …
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Faculty Scholarship
This chapter seeks to explain the affinity between the nature of economic systems: coordinated market economies (CMEs) and liberal market economies (LMEs) on the one hand, and legal origin (civil vs common law systems) on the other. It starts with the simple observation that LMEs tend to be common law jurisdictions, and CMEs civil law jurisdictions. It proposes that the affinity between economic and legal system offers important insights into the foundations of different types of market economies and, in particular, differences in the scope of the state vs the powers of the individual. The main argument is that the …
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
Faculty Scholarship
Neuroeconomics — the study of brain activity in people engaged in tasks of reasoning and choice — looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This Article explains what is most exciting about the new field and lays out some specific research tasks for it.
Beyond City And Suburb: Thinking Regionally, Richard Briffault
Beyond City And Suburb: Thinking Regionally, Richard Briffault
Faculty Scholarship
“City” and “suburb” as they were known and debated in the twentieth century are no more. Increasingly, the key urban unit in metropolitan America is the region. Robert Bruegmann’s Sprawl: A Compact History, a chronicle of the melding of city and suburban land use patterns, illustrates this development. Joel Kotkin’s The City: A Global History, which expresses concern about the loss of traditional urban distinctiveness, also reflects this. In her review of both books, Nicole Stelle Garnett appropriately raises issues of interlocal competition and equity, and the quality of urban life in metropolitan America, but she errs in framing them …
Constitutional Texting, Lawrence B. Solum
Constitutional Texting, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
"Constitutional Texting" introduces an account of constitutional meaning that draws on Paul Grice's distinction between "speaker's meaning" and "sentence meaning." The constitutional equivalent of speaker's meaning is "framer's meaning," the meaning that the author of the constitutional text intended to convey in light of the author's beliefs about the reader's beliefs about the author's intentions. The constitutional equivalent of sentence meaning is "clause meaning," the meaning that an ordinary reader would attribute to the text at the time of utterance without any beliefs about particular intentions on the part of the author. Clause meaning is possible because the words and …
Public Legal Reason, Lawrence B. Solum
Public Legal Reason, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.
The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
James B Johnston
When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …
Making Meaning Of Megan’S Law, Rose Corrigan
Making Meaning Of Megan’S Law, Rose Corrigan
Rose Corrigan
This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …
Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt
Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt
Chris Rahman
No abstract provided.
Hate Crime Law And The Limits Of Inculpation, Janine Young Kim
Hate Crime Law And The Limits Of Inculpation, Janine Young Kim
Janine Kim
Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle
Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle
Josh Eagle
The U.S. Commission on Ocean Policy and the Pew Oceans Commission reports contain a range of suggestions aimed at legislatively or administratively improving current ocean management structures. In this paper, I critique one of the major recommendations common to both reports, that is, the call for “regional ocean governance.” Although each commission’s plan for implementing a regional approach is different, their rationales and design concepts are quite similar: After explaining that present institutions are too narrow in their geographic and substantive scope, the reports go on to advocate for the establishment of larger scale, more “comprehensive” management bodies. I argue …
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A formal model of the law of fair use.
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Thomas A Faunce
On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …
Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis
Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper considers the challenges ahead after having assessed what determined the outcome of the referendum in April 2004 and the balance of forces as they emerge in the Parliamentary elections of 2006. In spite of the generally sound claims that globalisation shifts decision-making away from nation-states, particularly weak and small states to networks beyond the nation-state, in the case of Cyprus what we have for the first time paradoxically is the “fate” of Cyprus primarily in the hands of Cypriots themselves. Although semi-occupied the two communities can make their decision as to the future of their country and state, …
Immigration To Cyprus, Nicos Trimikliniotis
Immigration To Cyprus, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter discusses the context that has transformed Cyprus from an emigration to an immigration country. It examines public discourse, the legal status, and the social position of migrants and asylum-seekers. This is exposed against the historical and political backdrop of Cyprus, dominated by the ‘national’ problem, which keeps the island divided.
9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic
9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic
Thomas D. Lyon
A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment
A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment
William G. Merkel
Parlamentarismus In Der Internationalen Politik, Beat Habegger
Parlamentarismus In Der Internationalen Politik, Beat Habegger
Beat Habegger
No abstract provided.
Channeling Buzz Or Bucks? Ethical Implications For Marketing, Oscar T. Mcknight, Ronald Paugh, Vahn Knight
Channeling Buzz Or Bucks? Ethical Implications For Marketing, Oscar T. Mcknight, Ronald Paugh, Vahn Knight
Oscar T McKnight Ph.D.
Too often higher education officials equate successful enrollment management with determining the appropriate financial-aid package, assuming the student matriculates. However, there are competing theories as to why a student may be attracted to a particular college. Could it be the "buzz"? This study examines the relationship between buzz and bucks with respect to enrollment objectives. Research findings indicate that it is not an either-or proposition. Moreover, marketers are presented with an ethical responsibility to safeguard the public.
East Meets West, Or Vice-Versa: Exploring A Hybrid Pedagogical Approach To Global Instruction, Ronald Paugh, Oscar Mcknight, Jun Gong
East Meets West, Or Vice-Versa: Exploring A Hybrid Pedagogical Approach To Global Instruction, Ronald Paugh, Oscar Mcknight, Jun Gong
Oscar T McKnight Ph.D.
In an increasing multicultural classroom a Confucian-Socratic framework is used to highlight fundamental differences in learning approaches between Eastern and Western cultures. However, educators must also be aware of inherent similarities if best practices are to be gleaned and implemented with ingenuity in the classroom. Therefore, innovations and insights into the qualitative-quantitative continum of contemporary research are offered as an analogue to help build a hybrid model of global instruction. A new Mobius Model of Global Instruction is introduced that emphasizes a multicultural perspective
Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha
Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade
Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha
Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …
The Blogosphere And The New Pamphleteers, Donald J. Kochan
The Blogosphere And The New Pamphleteers, Donald J. Kochan
Donald J. Kochan
The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …
“El Derecho Alimentario De La Unión Europea: La Aplicación Del Principio De Precaución”, Luis González Vaqué
“El Derecho Alimentario De La Unión Europea: La Aplicación Del Principio De Precaución”, Luis González Vaqué
Luis González Vaqué
The precautionary principle enables rapid response in the face of a possible danger to human, animal or plant health, or to protect the environment. In particular, where scientific data do not permit a complete evaluation of the risk, recourse to this principle may, for example, be used to stop distribution or order withdrawal from the market of products likely to be hazardous.
El principio de precaución permite reaccionar rápidamente ante un posible peligro para la salud humana, animal o vegetal, o para proteger el medio ambiente. De hecho, en caso de que los datos científicos no permitan una determinación completa …
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Eric A. Engle
Examines the extraterritorial application of U.S. criminal law in the context of corporations.