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2010

Social and Behavioral Sciences

Institution
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Articles 1 - 30 of 403

Full-Text Articles in Law

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the ...


Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter Dec 2010

Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the end of October, the Arkansas Department of Education released annual adequate yearly progress (AYP) figures for Arkansas schools. These results are based on benchmark and end-of-course test scores in math and literacy for both overall populations and subgroups within schools. They are used to determine whether a school meets state standards and, given their performance in the most recent two years, whether they are placed in the "school improvement" category


Does It Hurt A State To Introduce An Income Tax?, David J. Shakow Dec 2010

Does It Hurt A State To Introduce An Income Tax?, David J. Shakow

Faculty Scholarship at Penn Law

In an article in the Wall Street Journal, Arthur Laffer argued that, since 1960, the introduction of state income taxes reduced the relative size of a state’s gross state product and its relative per capita personal income. This paper criticizes Laffer’s conclusions on a number of grounds. 1. He uses incorrect figures for per capita income. In fact, relative per capita income rose in a majority of states that introduced an income tax since 1960. 2. The results are not clear when a state’s data is compared to other states in its region, rather than to the ...


Vertical Restraints, Dealers With Power, And Antitrust Policy, Herbert J. Hovenkamp Dec 2010

Vertical Restraints, Dealers With Power, And Antitrust Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The Supreme Court’s Leegin decision has now brought the rule of reason to all purely vertical intrabrand distribution restraints. But the rule of reason does not mean per se legality and occasions for anticompetitive vertically imposed restraints may still arise. Of all those that have been suggested the most plausible are vertical restraints imposed at the behest of a powerful dealer or group (cartel) of dealers.

Although a vertical distribution restraint resembles a dealer cartel in that both limit intraband competition, a manufacturer restraining the distribution of its product shuns the excess dealer profits a dealer cartel would seek ...


Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law Dec 2010

Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law

Published Reports

A report released by Georgetown Law's Workplace Flexibility 2010 and the Berkeley Center on Health, Economic & Family Security (Berkeley CHEFS) outlining a blueprint for establishing and financing a new national insurance program to provide wage replacement for time off for health and caregiving needs. The report describes the need among working Americans for time off from work to address personal illness, to care for a new child, or to care for a loved one with a serious illness. It argues that the need for time off is no longer an issue for individual families or select industries, but a ...


Michigan Rulemaking, Virginia C. Thomas Dec 2010

Michigan Rulemaking, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.


A Contractual Approach To Shareholder Oppression Law, Benjamin Means Dec 2010

A Contractual Approach To Shareholder Oppression Law, Benjamin Means

Faculty Publications

According to standard law and economics, minority shareholders in closely held corporations must bargain against opportunism by controlling shareholders before investing. Put simply, you made your bed, now you must lie in it. Yet most courts offer a remedy for shareholder oppression, often premised on the notion that controlling shareholders owe fiduciary duties to the minority or must honor the minority's reasonable expectations. Thus, law and economics, the dominant mode of corporate law scholarship, appears irreconcilably opposed to minority shareholder protection, a defining feature of the existing law of close corporations.

This Article contends that a more nuanced theory ...


The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman Dec 2010

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz ...


Recessions And The Social Safety Net: The Alternative Minimum Tax As A Counter-Cyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick Dec 2010

Recessions And The Social Safety Net: The Alternative Minimum Tax As A Counter-Cyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick

Faculty Scholarship at Penn Law

As recent events illustrate, state finances are procyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as by creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policymakers should consider so-called “automatic” stabilizers, such as are found in the federal ...


The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig Dec 2010

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig

Faculty Scholarship at Penn Law

For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two ...


Tax Reform In Rhode Island: Developing A High Quality Revenue Stream, Nicholas A. Denice Dec 2010

Tax Reform In Rhode Island: Developing A High Quality Revenue Stream, Nicholas A. Denice

Honors Projects in Accounting

The present study explores the current state of taxation in Rhode Island in relation to its sales tax. An analysis of the literature will examine how the current sales tax system compares with other alternatives and if it hurts the state's economic competitiveness as shown in tax burden studies. Using Rhode Island tax data from the Annual State Audit and Consumer Expenditure Survey, this study will analyze the current sales tax system in the state and determine whether an alternative model would lead to a higher-quality revenue stream. Data from the State of Rhode Island General Audit Report and ...


Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai Dec 2010

Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai

Book Reviews

No abstract provided.


China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh Dec 2010

China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh

Research Collection School Of Law

This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law ...


Religion In The Abortion Discourse In Singapore: A Case Study Of The Relevance Of Religious Arguments In Law-Making In Multi-Religious Democracies, Seow Hon Tan Dec 2010

Religion In The Abortion Discourse In Singapore: A Case Study Of The Relevance Of Religious Arguments In Law-Making In Multi-Religious Democracies, Seow Hon Tan

Research Collection School Of Law

The article discusses the social issue on religion in the abortion discourse in Singapore. It mentions the relevance of religious arguments in law-making in multi-religious democracies. It notes that laws on abortion vary across different jurisdictions, like prohibiting abortion under all circumstances to freely allowing it without restriction as to reason.


Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh Dec 2010

Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh

Research Collection School Of Law

Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to ...


No Student Left Behind: Ensuring The Accessibility Of Reading Technologies At Universities, Gary C. Norman Nov 2010

No Student Left Behind: Ensuring The Accessibility Of Reading Technologies At Universities, Gary C. Norman

The Modern American

The author discusses the perspective of blind and vision impaired persons in relation to the introduction of emerging technologies. If they are not accessible to all students, such technology will impede an equal education of students with disabilities.


A Modern Twist On The Prison Industrial Complex, Isis Goldberg Nov 2010

A Modern Twist On The Prison Industrial Complex, Isis Goldberg

The Modern American

The author discusses a new NPR article, “Prison Economics Help Drive Arizona Immigration Law,” that sheds light into the role that the private prison industry played in pushing forward Arizona´s controversial legislation, SB 1070. She relates this to the theory of prison-industrial complex postulated by Angela Davis, professor and former Black Panther member, and concludes that private corporations should not have influence or participate in drafting legislation because they do not have the public welfare at interest.


Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center Nov 2010

Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

This one-day symposium to be held at the Grand Hyatt hotel in Denver will address the technology, economics, environmental impacts, and regulatory issues associated with shale gas development in the Rocky Mountain region. The purpose of this event is to facilitate productive dialogue among a wide range of stakeholders and interested parties to guide policy decisions.


Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer Nov 2010

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).


Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis Nov 2010

Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John B. Curtis, Professor of Geology and Geological Engineering and Director of the Potential Gas Agency, Colorado School of Mines, Golden, CO

17 slides


Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap Nov 2010

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides


Slides: Shale Drilling And Completions, William Fleckenstein Nov 2010

Slides: Shale Drilling And Completions, William Fleckenstein

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates

20 slides


Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss Nov 2010

Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Michelle Michot Foss, Chief Energy Economist, Center for Energy Economics, Bureau of Economic Geology, University of Texas, Austin, TX

12 slides


Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan Nov 2010

Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO

21 slides


Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring Nov 2010

Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Richard Nehring, Nehring Associates, Colorado Springs, CO

15 slides


Slides: Evolving Policy On Shale Plays, John Martin Nov 2010

Slides: Evolving Policy On Shale Plays, John Martin

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides


Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols Nov 2010

Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO

18 slides


Prison Labor, Human Experimentation, & The Bp Oil Disaster, Zannie Carlson Nov 2010

Prison Labor, Human Experimentation, & The Bp Oil Disaster, Zannie Carlson

The Modern American

The author argues that when BP hired prison labor to clean up the spill, corrections agencies failed to consider the impact of handling toxic chemicals on prisoner health.


Oral History Interview With Low Kee Yang: Conceptualising Smu, Kee Yang Low Nov 2010

Oral History Interview With Low Kee Yang: Conceptualising Smu, Kee Yang Low

Oral History Collection

The interview covered: first involvement with SMU, university education in Singapore, curriculum, CIRCLE values, private university, logo, teaching pedagogy, interview students for admissions, legal aspects, incorporation of SMU, first day of class, law school, challenges, student recruitment, law internships, Juris Doctor programme, challenges.

Biography:

Associate Professor of Law, SMU, 2000–present

Member of SMU start-up team

Professor Low Kee Yang joined the start-up team for SMU in 1998; one of his responsibilities was supervising legal matters. He served as deputy dean of the business school from 1999 to 2002 and chaired the organising committee for the Lee Kuan Yew Global ...


Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy Nov 2010

Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy

2010 World Energy Justice Conference (November 5)

This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace ...