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Articles 1 - 30 of 106
Full-Text Articles in Law
Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner
Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner
Kate Bronfenbrenner
In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.
Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne
Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne
Péter Cserne
No abstract provided.
Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy
Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy
Antoinette Rouvroy
Voir ce qui se passe dans sa rue, sur une plage aux Maldives ou au Nord-Kivu, au mètre près et en teps réel, ou presque. C'est le pari de e-Corce, un concept d'observation de la terre imaginé par l'agence spatiale française. Super Google Earth ou Big Brother?
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis
Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis
Nicos Trimikliniotis
Outside southern Africa little attention has been given to the lively debates, particularly within South Africa, about migration, economic integration, racism/xenophobia and exclusion. After the collapse of apartheid the Southern African Development Community (sadc) developed initiatives on regional co-operation on population movement in a far-reaching 1995 Draft Protocol on Free Movement. However, the post-apartheid South African state was concerned solely with free trade and, with the support of other regional players, managed to halt the Protocol. The processes of neoliberal regional integration, socioeconomic transformations, poverty and inequality, as well as the political turmoil in countries of the sub-Saharan region, have …
In Search Of Vanished Blood, Ashok Agrwaal
In Search Of Vanished Blood, Ashok Agrwaal
Ashok Agrwaal
Deaths in custody/ disappearance from custody are endemic in India and, have been so throughout its independent history. The reasons for this state of affairs are complex and, it would not be correct to assign the entire responsibility for it to any one factor, or pillar of the nation-state. However, there can be no gainsaying that the defects in the approach of the judiciary have played a pivotal role in the failure of the guarantee of the right to life. The report examines some of these shortcomings, using the aperture provided by one of the world’s best known legal remedies, …
Vote For Charity's Sake, Aaron S. Edlin, Andrew Gelman, Noah Kaplan
Vote For Charity's Sake, Aaron S. Edlin, Andrew Gelman, Noah Kaplan
Aaron Edlin
In a battleground state like Colorado or New Mexico, voting in the presidential election may be equivalent to giving $30,000 - $50,000 to others in expected value, and as such is an extremely efficient form of charity.
A Darwinist View Of The Living Constitution, Scott Dodson
A Darwinist View Of The Living Constitution, Scott Dodson
Scott Dodson
The metaphor of a “living" Constitution imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding living constitutionalism. Yet despite its rampant use by both opponents and proponents of living constitutionalism, and despite the current fervent debate over whether biology can be useful to the law, no one has evaluated the metaphor from a biological perspective.
This Essay begins that inquiry in an interdisciplinary study of law, science, and philology. The Essay first evaluates the metaphor as it is currently used and concludes that …
Quashing The Financial Firestorm, Aaron S. Edlin
Quashing The Financial Firestorm, Aaron S. Edlin
Aaron Edlin
Start the financial rescue with containment, establish unlimited deposit insurance and continuous access to funds, then move to a well thought-out plan to quash the financial flames.
Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis
Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis
Nicos Trimikliniotis
Kατεδαφιζόμεθα ή καταρρέει ένα ιδεολόγημα Στο απόηχο της πρώτης και σ’ αναμονή της δεύτερης συνάντησης των δύο ηγετών, του κ. Χριστόφια και κ. Ταλάτ, «ξέσπασε» ή μάλλον «κατασκευάστηκε» από κάποια μίντια (και τις εμπρηστικές δηλώσεις από διάφορους) μια έξαλλη «συζήτηση» γύρω από την εγκύκλιο του Υπουργού Παιδείας. Μάλλον καταλάγιασε, προσωρινά τουλάχιστον, αλλά θα σιγοκαίει καθώς προχωρούν οι συνομιλίες. «Αλλού μας τρώει» λοιπόν… Αξίζει ωστόσο να πάρουμε κάτι από τις αντιδράσεις από μια εγκύκλιο που λέει τα αυτονόητα, κι απλά θέλει να εφαρμόσει στην πράξη αυτά που προφανώς ψευδώς διακηρύσσαμε. Γι’ αυτό και παίρνουμε στα σοβαρά τα τραγελαφικά που ζούμε κι …
Framing The Choice Between Cash And Courthouse: Experiences With The 9/11 Victim Compensation Fund, Gillian K. Hadfield
Framing The Choice Between Cash And Courthouse: Experiences With The 9/11 Victim Compensation Fund, Gillian K. Hadfield
Gillian K Hadfield
In this paper I report the results of a quantitative and qualitative empirical study of how those who were injured or lost a family member in the September 11, 2001 terrorist attacks evaluated the tradeoff between a cash payment--available through the Victim Compensation Fund--and the pursuit of litigation. Responses make it clear that potential plaintiffs saw much more at stake than monetary compensation and that the choice to forego litigation required the sacrifice of important non-monetary, civic, values: obtaining and publicizing information about what happened, prompting public findings of accountability for those responsible, and participating in the process of ensuring …
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Michael Evan Gold
No abstract provided.
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
Michael Evan Gold
No abstract provided.
Behavioral Public Finance, Edward J. Mccaffery
Behavioral Public Finance, Edward J. Mccaffery
Edward J McCaffery
These are slides from a presentation to the Gruter Institute for Law and Behavioral Research, Squaw Valley Conference, May, 2008 (at which event Michael Jensen got me to agree to post these slides as a pdf on SSRN . . . ). The task is to give an overview of what I hope to be an emerging field of behavioral public finance. Behavioral finance, as per Barberis and Thaler 2003 (and others), consists of two parts: (1) individual level heuristics and biases, which can lead to sub-optimal (inconsistent) judgment and decision-making, and (2) institutional arbitrage mechanisms. In private finance and …
Comments On Liebman And Zeckhauser, Simple Humans, Complex Insurance, Subtle Subsidies, Edward J. Mccaffery
Comments On Liebman And Zeckhauser, Simple Humans, Complex Insurance, Subtle Subsidies, Edward J. Mccaffery
Edward J McCaffery
These are brief comments on an excellent paper by Jeffrey Liebman and Richard Zeckhauser, prepared for a conference sponsored by the Urban Institute and Brookings on tax and health care policy. Liebman and Zeckhauser summarize the complexities involved in making optimal health insurance decisions, and offer generally cautionary notes about conflating these with tax law (a theme of the conference). Most importantly, Liebman and Zeckhauser suggest a positive role for employers in health care and insurance decisions, as better setters or framers of choice sets—witness 401(k) plans. In this Commentary, I applaud Leibman and Zeckhauser’s general work and particular observation, …
18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon
18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Mark Graber
No abstract provided.
Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman
Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman
Bill Sleeman
This article briefly explores the technical and administrative tasks required to create a digital resource devoted to the U.S. Commission on Civil Rights.
Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, William R. Graham
Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, William R. Graham
George H Baker
The physical and social fabric of the United States is sustained by a system of systems; a complex and dynamic network of interlocking and interdependent infrastructures (“critical national infrastructures”) whose harmonious functioning enables the myriad actions, transactions, and information flow that undergird the orderly conduct of civil society in this country. The vulnerability of these frastructures to threats — deliberate, accidental, and acts of nature — is the focus of greatly heightened concern in the current era, a process accelerated by the events of 9/11 and recent hurricanes, including Katrina and Rita. This report presents the results of the Commission’s …
Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis
Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis
Nicos Trimikliniotis
[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over …
Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis
Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis
Nicos Trimikliniotis
Concept The conference aims to initiate a dialogue between the two communities on the concept as well as the potential for reconciliation and cooperation in Cyprus today: at a time when working groups and technical committees are engaged in a dialogue preparing the ground for the face to face meeting between the leaders of the two communities, academics, researchers, activists and concerned citizens cannot stand by and watch; they need to find ways to constructively engage in the debate over the future of Cyprus and contribute to building trust, communication and understanding between the two communities. The conference proposes to …
A Study Of Flexicurity Strategy In Netherlands And Denmark: The Institutional Life-Course Policy Approach, Chih-Lung Huang
A Study Of Flexicurity Strategy In Netherlands And Denmark: The Institutional Life-Course Policy Approach, Chih-Lung Huang
Chih-lung Huang
The flexicurity strategy in Netherlands and Denmark, i.e. flexible labour market and the reinforcement of social security institutions, successfully kept the unemployment rate from rising in the 1990s and has drawn attention from social policy scholars. Under the development of flexible labour market and destabilized employment pattern, the agenda of flexicurity strategy has been shifted to strengthen and facilitate the transitions in social security institutions. Drawing on institutional analysis on redistribution of time and income, this paper explores outcomes and development from recent flexicurity reforms. Results show that the working time in Netherlands and Denmark has been redistributed both vertically …
Environmentalists Help Manage Corporate Reputation: Changing Perceptions Not Behaviour, Sharon Beder
Environmentalists Help Manage Corporate Reputation: Changing Perceptions Not Behaviour, Sharon Beder
Sharon Beder
Environmentalists have traditionally drawn attention to environmental problems by highlighting corporate misdeeds and thereby damaged the good reputation of those companies. However, nowadays those very corporations are drawing on environmentalists to help repair their reputations. Nike and BP are two examples of companies that have adopted some environmental reforms as part of their reputation management strategies and received the praise of environmental groups for doing so. Yet both continue with the practices that earned them poor reputations in the first place. Clearly the role of environmentalists in working with such companies is misguided and ineffective in terms of long-term environmental …
Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz
Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz
Amilcar Shabazz
No abstract provided.
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle
Josh Eagle
Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …
A Primary Human Challenge, Carroy U. Ferguson
A Primary Human Challenge, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.
“If The Answer Is Outsourcing, What Is The Question?”: Managing Externalization Of Library Services Ten Years After The Tempest - A Review Of The Literature, Mikhail Koulikov
“If The Answer Is Outsourcing, What Is The Question?”: Managing Externalization Of Library Services Ten Years After The Tempest - A Review Of The Literature, Mikhail Koulikov
Mikhail Koulikov
No abstract provided.
Disability Rights In Ireland: Chronicle Of A Missed Opportunity, Jurgen De Wispelaere, Judy Walsh
Disability Rights In Ireland: Chronicle Of A Missed Opportunity, Jurgen De Wispelaere, Judy Walsh
Jurgen De Wispelaere
This article critically examines the Disability Act 2005 which regulates access to public services for disabled people in Ireland. We examine the competing conceptions of disability rights advanced by the government and the disability sector during the debate on the legislation and offer an interpretation of disability rights as the justiciable right to challenge. The Disability Act 2005 is then evaluated in light of the proposed framework. We outline a number of ways in which the absence of a justiciable right to challenge fails to safeguard the dignity, empowerment and participation of disabled people. We contend that, despite protestations to …
Freshwater Conservation: A Review Of Oregon Water Law & Policy, Adell L. Amos
Freshwater Conservation: A Review Of Oregon Water Law & Policy, Adell L. Amos
Adell L. Amos
In order to more fully understand and enhance freshwater conservation in the State of Oregon, The Nature Conservancy initiated a project to conduct a legal and policy review of Oregon water law. In Oregon, like all western states, water management is based on a combination of statutes, administrative rules, agency policies, and case law. Accordingly, this report identifies and explains relevant provisions of the Oregon Water Code and discusses how the legislature, state administrative agencies, and the courts have interpreted the law. The report also identifies the impacts and implications of legal and policy choices that have been made with …