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Full-Text Articles in Law

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters Aug 2019

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

Daniel Walters

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of ...


Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel E. Walters Aug 2019

Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel E. Walters

Daniel Walters

A great deal of skepticism toward administrative agencies stems from the widespread perception that they excessively or even exclusively cater to business interests. From the political right comes the accusation that business interests use regulation to erect barriers to entry that protect profits and stifle competition. From the political left comes the claim that business interests use secretive interactions with agencies to erode and negate beneficial regulatory programs. Regulatory “capture” theory elevates many of these claims to the status of economic law. Despite growing skepticism about capture theory in academic circles, empirical studies of business influence and capture return ambiguous ...


The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters Aug 2019

The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters

Daniel Walters

Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means for the rule of law and how such discretionary inaction can fit within a constitutional structure that compels Presidents to “take Care that the Laws be faithfully executed." Yet those who have recognized the problem have been hesitant to assign a role for the court in policing the constitutional limits they articulate, mostly because of the strain on judicial capacity that any formulation of Take Care Clause review would cause. In this Article, I argue that courts still can and ...


Pagans, Christians, And Student Protesters, Stanley Fish Aug 2019

Pagans, Christians, And Student Protesters, Stanley Fish

Stanley Fish

Stanley Fish’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.


Cyberlaws And Cybercafés: Analysis Of Operational Legislation In Some Commonwealth Jurisdictions And The United States, Yemisi Dina Jul 2019

Cyberlaws And Cybercafés: Analysis Of Operational Legislation In Some Commonwealth Jurisdictions And The United States, Yemisi Dina

Yemisi Dina

This chapter will discuss the existing cyber laws in some commonwealth countries and the United States. It compares the various definitions accorded to cyber crimes in these countries. It examines and discusses when cyber crime occurs in the various jurisdictions regardless of where it originates, the laws that apply to pornographv, the significance of jurisdiction for Internet criminals in all these countries, as well as when cybercafe operators are liable in cyber related crimes.


Private Wealth And Public Goods: A Case For A National Investment Authority, Robert C. Hockett, Saule T. Omarova Jul 2019

Private Wealth And Public Goods: A Case For A National Investment Authority, Robert C. Hockett, Saule T. Omarova

Robert C. Hockett

Much American electoral and policy debate now centers on how best to reignite the nation’s economic dynamism and rebuild its competitive strength. Any such undertaking presents an extraordinary challenge, demanding a correspondingly extraordinary institutional response. This Article proposes precisely such a response. It designs and advocates a new public instrumentality--a National Investment Authority (“NIA”)--charged with the critical task of devising and implementing a comprehensive long-term development strategy for the United States.

Patterned in part after the New Deal-era Reconstruction Finance Corporation, in part after modern sovereign wealth funds, and in part after private equity and venture capital firms ...


Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus Jul 2019

Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus

Caroline L. Osborne

What is fake news? How did it arise? Why does recognizing fake news matter? How do we create information literate consumers in the legal community? This program will discuss the intersection of fake news and information literacy theory. We’ll provide an overview of the rise and proliferation of fake news including highlights of historical instances; a discussion of the impact of failing to detect fake news; and strategies for creating successful information literacy programming.


Jack Hyman's Law School Without Borders, Thomas E. Headrick Jul 2019

Jack Hyman's Law School Without Borders, Thomas E. Headrick

Thomas E. Headrick

No abstract provided.


Mens Rea In Comparative Perspective, Luis E. Chiesa Jul 2019

Mens Rea In Comparative Perspective, Luis E. Chiesa

Luis Chiesa

This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As ...


Legal Information Institutes (Llls) - Free Legal Stuff, Yemisi Dina Jul 2019

Legal Information Institutes (Llls) - Free Legal Stuff, Yemisi Dina

Yemisi Dina

Multi-disciplinary and comparative approach to legal studies implies that research should go outside the conventional research sources and consult a variety of options. Open access to legal information is made possible by legal information institutes worldwide. In the early 1990s, the Australian Legal Information Institute (AustiLII) initiated this unique medium of disseminating free legal information.


Access To Digital Legal Information: Focus On The English-Speaking Caribbean Countries, Yemisi Dina Jul 2019

Access To Digital Legal Information: Focus On The English-Speaking Caribbean Countries, Yemisi Dina

Yemisi Dina

The Internet and various digitization initiatives have opened up immediate access to legal materials such as statutes, bills, law reports etc. through government websites and the Legal Information Institutes. There is a dearth in the legal information that is free and openly accessible for countries in the English-speaking Caribbean even though there has been relative progress in the last ten years. A number of these countries have Freedom of Information or Access to Information legislation which requires that government must make information openly accessible to its citizens. This paper reviews developments and government efforts in providing free and accessible legal ...


Law Via The Internet: Report On The Conference, Yemisi Dina Jul 2019

Law Via The Internet: Report On The Conference, Yemisi Dina

Yemisi Dina

Cornell University, located in Ithaca, New York hosted the LVI (Law via the Internet) 2012. The conference also marked the twentieth anniversary of the LIIs (Legal Information Institutes) of the world, which have grown exponentially. The anniversary was not a cake-eating celebration but a two-day deliberation with members of an open access society who have been striving to make legal information freely available on the Internet. Many of the speakers at the sessions shared their experiences from the different projects they have been working on over the past twenty years or more, and the LIIs continue to improve. It was ...


Heinonline’S World Constitutions Illustrated In Top 5 Fcil Sources, Yemisi Dina Jul 2019

Heinonline’S World Constitutions Illustrated In Top 5 Fcil Sources, Yemisi Dina

Yemisi Dina

World Constitutions Illustrated provides access to constitutions of various jurisdictions. There is a current constitution in the original language, one English language translation for each country, and amending laws for each constitution.

The database provides access to constitutional development documents, which is very important and critical, especially when researching smaller economies and jurisdictions. It serves as a one-stop shop for materials that may not necessarily be easily available anywhere else.


Regulating Social Media Use In The Workplace, Yemisi Dina Jul 2019

Regulating Social Media Use In The Workplace, Yemisi Dina

Yemisi Dina

The advent of social networking sites (SNS) has become a reality of the digital age. These sites are highly interactive, creative and addictive for individuals to exchange personal, professional and social ideas but its use has also been the subject of litigation in the courts lately just like any man made invention. People using these sites have sparked a number of legal challenges that have dramatically changed the world. This raises a number of questions as to whether there are clear guidelines on the use of these tools by employers and employees.

This paper is a case commentary of one ...


Book Review: Americanah By Chimamanda Ngozi Adichie, Yemisi Dina Jul 2019

Book Review: Americanah By Chimamanda Ngozi Adichie, Yemisi Dina

Yemisi Dina

Americanah is based on a love story that revolved around 3 continents - Africa, North America, and Europe. The themes of race, gender, and identity feature prominently in this award winning novel. Adichie’s story gives a vivid description of the lives of young teenagers of various ethnic and class structures in military-ruled Nigeria from the late 1970s to the 1990s and the beginning of a democratic government. It subtly describes the different ramifications of corruption and highlights a very degenerative period and the beginning of professional brain drain in the country.


Maximizing Your Faculty's Scholarly Impact: Techniques To Increase Findability, Caroline L. Osborne, Carol A. Watson, Thomas J. Striepe Jul 2019

Maximizing Your Faculty's Scholarly Impact: Techniques To Increase Findability, Caroline L. Osborne, Carol A. Watson, Thomas J. Striepe

Caroline L. Osborne

Increasing the impact of faculty scholarship is consistently a top priority at law schools. Law librarians are uniquely positioned to offer a significant amount of assistance to faculty and law administration in achieving this goal and enhancing the reputation of the law school. Understanding the differences between the tools and techniques available to assist on this topic can be a complex endeavor. This program will focus on providing the best strategies to increase the impact of faculty scholarship. Speakers will discuss the various social media platforms available to upload scholarship, as well as how to increase findability in search results ...


70. Children’S Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning., Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon Jul 2019

70. Children’S Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning., Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

This study examined the role of age, maltreatment status, and executive functioning (EF) on 752 4- to 9-year-old maltreated and nonmaltreated children’s recall disclosure of a transgression in which they appeared to have broken toys while playing with a stranger. Interviewers used narrative practice rapport-building and then questioned children with free recall and cued recall questions. Younger and maltreated children were more likely to disclose during rapport-building, whereas older and nonmaltreated children were more likely to disclose in response to recall questions. Working memory deficits appeared to mediate the relation between children’s characteristics and disclosure during rapport, but ...


Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos Jul 2019

Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos

Anthony Spanakos

Scholars are divided over whether the emancipatory politics promised by new social movements can be attained within civil society or whether seizure of the state apparatus is necessary. The Bolivarian Revolution led by President Hugo Chávez presents a crucial case for examining this question. Chávez’s use of the state apparatus has been fundamental in broadening the concept of citizenship, but this extension of citizenship has occurred alongside the deliberate exclusion of others. This has not only limited its appeal as a citizenship project but created counterpublics that challenge the functioning of the government and its very legitimacy. Analysis of ...


Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston Jun 2019

Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston

Sara Langston


The increasing scope of private actors engaging in the use and exploration of outer space, now and in the future, is proffering a myriad of activities directed towards and conducted in outer space. These include human space transportation, space resource utilization, space tourism, space stations and prospective human settlements, as well as an influx of supporting space-based assets and platforms. Consequently, it is likely that as access to space opens and the number of multi-national/ multi-cultural space actors expands, the interests and concerns for protecting the rights, safety and security of these nongovernmental entities and their agents will become a ...


Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, Pat Nelson Jun 2019

Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, Pat Nelson

Pat Nelson, Ph.D.

Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed and then after the coursework was completed. This research has found that clearly defining de-escalation and emphasizing the broad range of techniques available enhances the students' understanding and application of proper de-escalation.


Non-English Materials For The English Speaker : European Languages, Erin Gow Jun 2019

Non-English Materials For The English Speaker : European Languages, Erin Gow

Erin Gow

So many legal materials are in languages other than English worldwide, that it is inevitable that most of us will need to find or access one of these documents at some point. Foreign, comparative, and international law (FCIL) librarians often work with materials in languages in which they are not fluent, and can provide useful ideas and insight for the non-FCIL specialist faced with this type of research. This portion of a 2019 AALL webinar titled "Non-English Materials for the English Speaker" focuses on European languages, and provides practical guidance in finding English translations of European laws, tips and techniques ...


Meme Page Creative Statements.Pdf, Aaron Roussell Jun 2019

Meme Page Creative Statements.Pdf, Aaron Roussell

Aaron Roussell

Class project for Law & Society by (alphabetically): Ariana Dato, Michelle Franco, Jaleesa Gonzales, Tim Kay, Lydia Vogel, Cierra Wade


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart May 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Alex Zhang

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Democratizing Interpretation, Anya Bernstein May 2019

Democratizing Interpretation, Anya Bernstein

Anya Bernstein

Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone’s power instead sneakily enhances it. So it is with these forms of interpretive outsourcing. Each seems to constrain judges’ authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact, each funnels power right back to the judge.

These outsourcing approaches show a disconnect between the questions judges pose and the methods they ...


To Leave Or Not To Leave—Law Libraries And The Fdlp: A Decade Later, Is That Still The Question?, Lauren M. Collins May 2019

To Leave Or Not To Leave—Law Libraries And The Fdlp: A Decade Later, Is That Still The Question?, Lauren M. Collins

Lauren M Collins

This article recounts the literature of the late 1990s and early 2000s, when some librarians, considering the changing form of government information, questioned whether the FDLP would survive in its existing form and recommended FDLP changes that would keep depository libraries engaged as the means of accessing digital government information evolved. In the later 2000s, articles and reports included comprehensive suggestions to the GPO, by and on behalf of library associations, of ways to make depository libraries stronger partners in the FDLP. Possibly in response to these calls for reform, the GPO polled depository libraries in its 2012 FDLP Forecast ...


Dapp Legal Research Presentation 5-24-2019 Final.Pptx, Anne Hudson, Heather Hummons May 2019

Dapp Legal Research Presentation 5-24-2019 Final.Pptx, Anne Hudson, Heather Hummons

Anne Hudson

Living your best (Research) Life: How to Quickly and Efficiently Perform Legal Research. A Bootcamp for scholars from law schools across the country.


In Pursuit Of Equity: Women, Men, And The Quest For Economic Citizenship In 20th-Century America (Book Review), Catherine L. Fisk May 2019

In Pursuit Of Equity: Women, Men, And The Quest For Economic Citizenship In 20th-Century America (Book Review), Catherine L. Fisk

Catherine Fisk

Book review of Alice Kessler-Harris' In Pursuit of Equity: Women, Men and the Quest for Economic Citizenship in 20th-Century America


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal May 2019

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Laura R. McNeal

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.


69. The Role Of Kinship And Siblings In Young Children’S Placement Preferences., Kelli Dickerson, Thomas D. Lyon, Jodi A. Quas May 2019

69. The Role Of Kinship And Siblings In Young Children’S Placement Preferences., Kelli Dickerson, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

Although considerable attention has been directed toward the most appropriate placement for children following removal from home due to maltreatment, very little of this attention has focused on children’s stated preferences, particularly when they are young. Specifically, children under 12 years of age are typically presumed incompetent to form reasoned judgments about their best interests in placement. This assumption, however, has rarely been tested directly. We surveyed 100 4- to 11-year-olds removed from home because of maltreatment about their placement preferences. Children were less likely to indicate they wanted to return home if they were placed with siblings or ...


68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon May 2019

68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon

Thomas D. Lyon

Background: Children are often hesitant to disclose transgressions, particularly when they feel implicated, and frequently remain reluctant until confronted with direct questions. Given the risks associated with direct questions, an important issue is how interviewers can encourage honesty through recall questions. Objective: The present study examined the use of three truth induction strategies for increasing the accuracy and productivity of children’s reports about a transgression. Participants: A total of 285 4-to-9-year-old maltreated and nonmaltreated children. Methods: Each child took part in a play session with a stranger during which the child appeared to break some toys. A research assistant ...