Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (12)
- Labor and Employment Law (9)
- International Law (8)
- Legal Ethics and Professional Responsibility (8)
- Social Welfare Law (8)
-
- Law and Gender (7)
- Legal History (7)
- Criminal Law (6)
- Human Rights Law (6)
- Immigration Law (6)
- Criminology and Criminal Justice (5)
- Legal Studies (5)
- Litigation (5)
- Dispute Resolution and Arbitration (4)
- Law and Society (4)
- Legal Profession (4)
- Constitutional Law (3)
- Contracts (3)
- Courts (3)
- Judges (3)
- Political Science (3)
- Psychology (3)
- American Politics (2)
- Civil Rights and Discrimination (2)
- Commercial Law (2)
- Family Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Intellectual Property Law (2)
- Publication Year
Articles 1 - 30 of 56
Full-Text Articles in Law
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
Michele Faioli
The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-US forthcoming vision of labor and industrial relations. More in general, it may be key for idea of a possible common Western labor legal system. The TTIP may be turned into a occasion to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. By means of a de-constructive method in …
Evidence Summarized In Attorney’S Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse, Stacia N. Stolzenberg, Thomas D. Lyon
Evidence Summarized In Attorney’S Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse, Stacia N. Stolzenberg, Thomas D. Lyon
Stacia N. Stolzenberg
Evidence summarized in attorney’s closing arguments of criminal child sexual abuse cases (N = 189) was coded to predict acquittal rates. Ten variables were significant bivariate predictors; five variables significant at p < .01 were entered into a multivariate model. Cases were likely to result in an acquittal when the defendant was not charged with force, the child maintained contact with the defendant after the abuse occurred, the defense presented a hearsay witness regarding the victim’s statements, a witness regarding the victim’s character, or a witness regarding another witnesses’ character (usually the mother). The findings suggest that jurors might believe that child molestation is akin to a stereotype of violent rape, and that they may be swayed by defense challenges to the victim’s credibility and the credibility of those close to the victim.
Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia Stolzenberg, Kang Lee, Thomas D. Lyon
Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia Stolzenberg, Kang Lee, Thomas D. Lyon
Stacia N. Stolzenberg
Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read a story …
Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg
Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg
Stacia N. Stolzenberg
No abstract provided.
Self-Determination, Subordination, And Semantics: Rhetorical And Real-World Conflicts Over The Human Rights Of Indigenous Women, Sam Grey
Sam Grey
Indigenous women have long been engaged in unambiguous advocacy for a human rights-based approach to gender injustice in their communities and nations. Indigenous nations, for their part, have repeatedly and passionately posited collective human rights as necessary for the protection of cultural distinction. These projects should be reconcilable – but this reconciliation requires the political will to critically engage with historical and contemporary colonialism, and to address the internalization of patriarchy and sexism in Indigenous societies today. With such a will in place, it becomes possible to operationalize a single Indigenous ‘self-determination’ project grounded in human rights, one that sees …
Autonomia Collettiva E Concorrenza Nel Sistema Riformato Della Vendita Della Stampa Quotidiana E Periodica, Michele Faioli
Autonomia Collettiva E Concorrenza Nel Sistema Riformato Della Vendita Della Stampa Quotidiana E Periodica, Michele Faioli
Michele Faioli
This paper examines the relationship between collective autonomy and competition in the newspaper industry, particularly in the light of the revived trend towards liberalisation. The analysis considers the sale of newspapers and periodicals and the competing interests of the parties involved (vendors, distributors, and publishers). Emphasis is placed upon workers and on a more practical approach to the exercise of their right to organize.
Facing 21st Century Realities, Judith L. Maute
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
Keith J. Bybee
What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
Dave De ruysscher
Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets …
Fondi Interprofessionali Per La Formazione Continua, Michele Faioli
Fondi Interprofessionali Per La Formazione Continua, Michele Faioli
Michele Faioli
No abstract provided.
Freedom To Achieve: The Future Of Student-Led Organizations Within The Public School System, Braden W. Johnson
Freedom To Achieve: The Future Of Student-Led Organizations Within The Public School System, Braden W. Johnson
Braden W Johnson
On-campus religious organizations have received special protections according to their First Amendment rights and the Equal Access Act of 1984. As more controversial organizations have been incorporated within the public school system, school administrators have found it increasingly hard to control the effects of these groups. This article argues for a revision to the Equal Access Act which strengthen's a school's ability to place restrictions on the formation of controversial clubs.
Could A Hub And Spoke, Homegrown Ceo Strategy Boost The Success Of University Start-Ups?, Brendan O. Baggot, Martin R. Graf Phd
Could A Hub And Spoke, Homegrown Ceo Strategy Boost The Success Of University Start-Ups?, Brendan O. Baggot, Martin R. Graf Phd
Brendan O. Baggot
How can universities make more money with their spinout company (SpinCo)‐suitable technologies? By “growing” their own CEOs to improve both the quality and quantity of startup company leaders available, that’s how. Surprisingly, however, at most universities little or no effort is made to interweave this critical need into tech transfer efforts.
Sample Unpublished, Joe Cera
Sample Unpublished, Joe Cera
Joe Cera
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed nec aliquet lacus. Pellentesque at eros dignissim massa ultrices consectetur id sit amet nisi. Aenean elementum euismod congue. Nulla at ipsum ipsum. Proin auctor accumsan aliquet. Nullam orci enim, bibendum molestie vehicula at, porttitor ultricies purus. Proin venenatis ipsum a augue tristique vehicula.
Sample Article 1, Joe Cera
Sample Article 1, Joe Cera
Joe Cera
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed nec aliquet lacus. Pellentesque at eros dignissim massa ultrices consectetur id sit amet nisi. Aenean elementum euismod congue. Nulla at ipsum ipsum. Proin auctor accumsan aliquet. Nullam orci enim, bibendum molestie vehicula at, porttitor ultricies purus. Proin venenatis ipsum a augue tristique vehicula.
From Whence We Came And Where We Might Go, Judith L. Maute
From Whence We Came And Where We Might Go, Judith L. Maute
Judith L. Maute
No abstract provided.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in …
From Usages Of Merchants To Default Rules: Practices Of Trade, Ius Commune And Urban Law In Early Modern Antwerp, Dave De Ruysscher
From Usages Of Merchants To Default Rules: Practices Of Trade, Ius Commune And Urban Law In Early Modern Antwerp, Dave De Ruysscher
Dave De ruysscher
In sixteenth-century Antwerp, commercial contracts were supported with refined government-made rules that brought techniques, usages and customs practised by merchants to the level of sophisticated law. Because no body of unwritten substantive law on commerce existed and because commercial practices were often too rudimentary from a legal perspective, in the 1500s detailed and balanced normative precepts on contracts of trade came to be crafted. When in the first decades of the sixteenth century more and more foreign merchants visited Antwerp, its rulers gradually started supplementing and upgrading practices of merchants to default rules regarding contracts, with materials and concepts drawn …
Riforma Pensionistica Monti-Fornero, Michele Faioli
Riforma Pensionistica Monti-Fornero, Michele Faioli
Michele Faioli
No abstract provided.
Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher
Dave De ruysscher
In this contribution it is demonstrated how in the seventeenth and eighteenth centuries Dutch rules concerning negotiable credit instruments (i.e., bills obligatory to bearer and bills of exchange) transformed financial law throughout the European continent. The Antwerp and Amsterdam authorities devised precepts of law on such issues that went against substantial principles of the academic ius commune. In the course of the seventeenth century, the former’s success brought about their insertion into financial legislation of German cities. This phenomenon came along with a new comparative approach of legislators in the whole of Europe, which was typical of that period. During …
Lavoro E Produttività Nell'economia Globale. La Contrattazione Collettiva Decentrata Dopo La Manovra Di Ferragosto 2011, Michele Faioli, Angelo Pandolfo
Lavoro E Produttività Nell'economia Globale. La Contrattazione Collettiva Decentrata Dopo La Manovra Di Ferragosto 2011, Michele Faioli, Angelo Pandolfo
Michele Faioli
No abstract provided.
Evading Legislative Jurisdiction, Austen Parrish
Evading Legislative Jurisdiction, Austen Parrish
Austen L. Parrish
In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …
Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli
Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli
Michele Faioli
No abstract provided.
Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri
Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri
Ahmad Ali Ghouri
Bilateral Investment Treaties (BITs) concluded by the EU Member States contain substantially similar clauses, including free movement of capital and investor-to-state dispute resolution. Article 307 EC provides for the primacy of pre-accession treaties over the EC Treaty and simultaneously requires the Member States to eliminate their mutual incompatibilities. The European Court of Justice has declared that free movement of capital clauses of Austrian and Swedish pre-accession extra-EU BITs are incompatible with the EC Treaty as they will impede any restrictions on the movement of capital imposed as future Community legislation. A similar ‘free movement of capital’ clause is present in …
Patent Busting With Prior Art?, Brendan O. Baggot
Patent Busting With Prior Art?, Brendan O. Baggot
Brendan O. Baggot
Although there are many routes to invalidating a patent, what are the chances of finding prior art missed during U .S. prosecution? What are some of the factors that influence the outcome of a patent search? How can one assess a priori the likelihood of uncovering “new” prior art? How does the specific technology affect the outcome? These and other
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Fiona David
In Australia, three defendants in two cases have been charged and prosecuted for ‘slavery’ or ’trafficking in persons’ under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of ‘labour trafficking’, even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.
Migrant Smuggling And Human Rights - Notes From The Field, Fiona M. David Ms
Migrant Smuggling And Human Rights - Notes From The Field, Fiona M. David Ms
Fiona David
Eastern Africa is one of the poorest, most conflict-riddled regions in the world and, within this region, migrant smuggling between countries is commonplace. The following article by Fiona David, a lawyer and researcher in smuggling and trafficking issues, seeks to provide some insights into the drivers and realities of migrant smuggling, and the human rights implications of this trade in human misery.
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Fiona David
No abstract provided.
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Fiona David
At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.
A Cheap Bill For Deviant Enclosures: Legal Change And The Eighteenth Century Enclosure Movement, Robert Tennyson
A Cheap Bill For Deviant Enclosures: Legal Change And The Eighteenth Century Enclosure Movement, Robert Tennyson
Robert Tennyson
This article considers the question of legal change in the context of the parliamentary enclosure movement of eighteenth century England. While the English court of Chancery had enabled late Tudor and early Stuart enclosures by inserting a controlled uncertainty into the enclosure process, it refused to enforce them where an individual with rights of common held out. The eighteenth century parliament overcame this difficulty by allowing bill suitors to obtain private enclosure legislation in the face of ever-greater numbers of dissenters. This dilution of the unanimous assent standard occurred through the efforts of suitors who were encouraged by parliamentary procedures …