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Social and Behavioral Sciences

SelectedWorks

2008

Articles 91 - 104 of 104

Full-Text Articles in Law

Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson Jan 2008

Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson

Alexandra B. Klass

As the nation struggles with how to address climate change, one of the most significant questions is how to reduce increasing levels of carbon dioxide in the atmosphere. One promising technology is carbon capture and sequestration (“CCS”), which consists of capturing carbon dioxide emissions from power plants and industrial sources and sequestering them in deep geologic formations for long periods of time. Areas for potential CO2 sequestration include oil and gas fields, saline aquifers, and coal seams. As Congress and the private sector begin to spend billions of dollars to research and deploy this technology, there has been insufficient attention …


Administrative And Punitive Isolation Of Children In Jails And Prisons: Cruel, Unusual, And Awaiting Condemnation, Ben Kleinman Jan 2008

Administrative And Punitive Isolation Of Children In Jails And Prisons: Cruel, Unusual, And Awaiting Condemnation, Ben Kleinman

Ben Kleinman-Green

This article applies our emerging understanding of how children mature into adults to the question of whether it is acceptable to subject children to isolation regimes in jails and prisons just as we do fully developed adults. I hope to shed light on the legal questions raised by the impact isolation has on the development of child inmates.


When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi Jan 2008

When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anti-corruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.


Review Of Bruno S. Sergei, William T. Bagatelas, And Jana Kubicova, Eds., Industries And Markets In Central And Eastern Europe, Joseph Pelzman Jan 2008

Review Of Bruno S. Sergei, William T. Bagatelas, And Jana Kubicova, Eds., Industries And Markets In Central And Eastern Europe, Joseph Pelzman

Joseph Pelzman

No abstract provided.


When And Why ‘Law’ And ‘Reality’ Coincide? De Jure And De Facto Judicial Independence In Chile And Mexico, Julio Ríos-Figueroa, Andrea Pozas-Loyo Jan 2008

When And Why ‘Law’ And ‘Reality’ Coincide? De Jure And De Facto Judicial Independence In Chile And Mexico, Julio Ríos-Figueroa, Andrea Pozas-Loyo

Julio Ríos-Figueroa

No abstract provided.


Planes, Trains, And Inefficiencies: An Analysis Of The Proposed Delta-Northwest Airlines Merger & Its Effects On Consumers, Richard R. Bradley Jan 2008

Planes, Trains, And Inefficiencies: An Analysis Of The Proposed Delta-Northwest Airlines Merger & Its Effects On Consumers, Richard R. Bradley

Richard R Bradley

This Article explores the proposed merger between Delta and Northwest Airlines within the context of antitrust law analysis and enforcement. In fact, this Article recognizes the trend of consolidation in the airline industry and how it will likely affect consumers. Finally, this Article cobbles together the hodgepodge of regulations governing the airline industry with respect to the rights of consumers.


Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz Jan 2008

Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz

Andrew E. Taslitz

This article analyzes five forces that may raise the risk of convicting the innocent based upon the suspect's race: the selection, ratchet, procedural justice, bystanders, and aggressive-suspicion effects. In other words, subconscious forces press police to focus more attention on racial minorites, the ratchet makes this focus every-increasing, the resulting sense by the community of unfair treatment raises its involvment in crime while lowering its willingness to aid the police in resisting crime, innocent persons suffer when their skin color becomes associated with criminality, and the police use more aggressive techniques on racial minorities in a way that raises the …


Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle Jan 2008

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle

Eric A. Engle

Sovereign state power, absolute and unlimited, was to guarantee the lives and property of citizens. Instead, States became vectors for mass violence. The realist/atomist model of sovereignty failed to preserve peace and instead led to global wars of mass destruction. The same technological progress which makes human extinction possible also makes global governance possible through nearly instant global communication and travel. The possibility for global governance confronts the reality of an archaic and inapt juridical concept. Sovereignty must be reconceptualized and understood as a relative and partial power shared at multiple levels in an intensively networked world rather than in …


The Fake Revolution: Understanding Legal Realism, Eric A. Engle Jan 2008

The Fake Revolution: Understanding Legal Realism, Eric A. Engle

Eric A. Engle

Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of global depression and global war. The new legal methods proposed by realism at first seemed to indicate a new legal order. In fact, they only preserved the old order, protecting it from fundamental change. Thus, the same problem, cyclical economic downturn triggering war for resources and market share recurred in Vietnam. Just as the depression and …


Chapter 08: Kinship Patterns, And Other Anthropological Aspects Of Family And Gender Law, Wolfgang Fikentscher Jan 2008

Chapter 08: Kinship Patterns, And Other Anthropological Aspects Of Family And Gender Law, Wolfgang Fikentscher

Wolfgang Fikentscher

Inclusive online updates jan10. In kinship anthropology, up-to-date economic and demographic reasons for the existing six kin terminology systems are given, and implemented by new insights in cross cousin marriage and fear of incest. The rest of the Chaper is devoted to polygamy and gender issues.


Research In The Biotech Age: Can Informational Privacy Compete?, Wilhelm Peekhaus Jan 2008

Research In The Biotech Age: Can Informational Privacy Compete?, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper examines the privacy of personal medical information in the health research context. Arguing that biomedical research in Canada has been caught up in the government’s broader neo-liberal policy agenda that has positioned biotechnology as a strategic driver of economic growth, the author discusses the tension between informational privacy and the need for medical information for research purposes. Consideration is given to the debate about whether privacy for medical information serves or hinders the ‘public good’ in respect of medical research, and to discussions of informed consent as an element of ‘fair information practices’ designed to safeguard the privacy …


Personal Health Information In Canada: A Comparison Of Citizen Expectations And Legislation, Wilhelm Peekhaus Jan 2008

Personal Health Information In Canada: A Comparison Of Citizen Expectations And Legislation, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper explores whether the Canadian legislative protections in place to safeguard medical privacy meet the expectations of Canadians. An overview of current governance systems designed to protect the privacy of personal health information at both the federal and provincial levels is first presented. This is followed by an empirical analysis of the results of a public opinion survey conducted to determine Canadian attitudes about medical privacy, particularly genetic privacy. The analysis highlights areas where legislation and public opinion converge and diverge.


Antidumping Duties In The Agriculture Sector: Trade Restricting Or Trade Deflecting?, Nisha Malhotra, Horatiu Rus, Shinan Kassam Jan 2008

Antidumping Duties In The Agriculture Sector: Trade Restricting Or Trade Deflecting?, Nisha Malhotra, Horatiu Rus, Shinan Kassam

Nisha Malhotra

In this paper we analyze whether U.S. Anti-Dumping (AD) duties in the agricultural sector are effective in restricting trade. More specifically, does imposition of an antidumping duty restrict imports of the named commodity or is there a diversion in the supply of imports from countries named in the petition to countries not named in the antidumping petition? We find that AD duties have had a significant impact on the imports of agricultural commodities from the countries named in the petition. However, our results also indicate that, unlike the manufacturing sector in the US, there was little trade diversion towards countries …


The Christian At War, Marc A. Clauson Jan 2008

The Christian At War, Marc A. Clauson

Marc A. Clauson, J.D., Ph.D.

No abstract provided.