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Full-Text Articles in Law

Can America Govern Itself?: Deficits, Debt, And Delay, Ron Haskins Oct 2013

Can America Govern Itself?: Deficits, Debt, And Delay, Ron Haskins

Brookings Scholar Lecture Series

America has now been in the throes of a deficit and debt crisis for nearly a decade. Over the last three years, the federal government has tied itself in knots trying to reach a long-term solution. Any effective solution will involve tax increases and entitlement cuts. But both parties have been unwilling to openly bargain about either the tax increases or spending cuts they are willing to consider as part of a grand bargain. Why are both parties being so intransigent? What are the prospects for a grand bargain and what might it look like? What are the consequences if …


School Bullying Victimization As An Educational Disability, Douglas E. Abrams Apr 2013

School Bullying Victimization As An Educational Disability, Douglas E. Abrams

Faculty Publications

Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …


Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks Jan 2013

Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks

Faculty of Law, Humanities and the Arts - Papers (Archive)

A number of researchers have been analysing apparent shifts from top-down approaches to public engagement with science and technology towards more participatory ones. Some have revealed the existence of often unacknowledged assumptions about how science and public should interact. These normative visions shape public engagement and may go against any shift towards inclusiveness. To further probe this, interviews with 41 stem cell scientists were carried out. They reveal diverse normative visions of publics, scientists, dialogue, relevant technical and political capital, and scientific citizenship. From this, six ideal types of public engagement with science and technology are constructed and connected to …


When Public Health Debates Become Abusive, Brian Martin Jan 2013

When Public Health Debates Become Abusive, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Ideally, public health debates are conducted civilly and focus on the evidence and the public good. In practice, many debates deviate markedly from this approach, for example with personal denigration of opponents. To help assess methods used in public health debates, a classificatory system of ideal types is introduced, with the categories of deliberative democracy, marketplace of ideas, marketplace of abusive comment, dominant orthodoxy, authoritarianism, and totalitarianism. To illustrate how methods can be fitted into these ideal types, instances of opposition to the Australian Vaccination Network are examined. Being able to identify the types of methods used in particular debates …


Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara Jan 2013

Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article addresses a contradiction that has long been at the heart of the criminal law concerned with ‘public order’. Although crimes such as offensive conduct and offensive language are amongst the most frequently prosecuted offences in Australia, their legal nature is poorly understood and rarely the subject of judicial scrutiny or academic explanation. In the context of ongoing controversy over whether such offences have a legitimate place on the statute books, we confront this oversight. This article draws on the High Court of Australia’s decision in He Kaw Teh v The Queen1 to lay out a methodology for construing …


Food Safety And Public Health Issues In Bangladesh: A Regulatory, Abu Noman Mohammad Atahar Ali Jan 2013

Food Safety And Public Health Issues In Bangladesh: A Regulatory, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Bangladesh, most of the foodstuffs, be they manufactured or processed, are unsafe for consumption or adulterated to varying degrees. This problem persists at every level of the food chain from preparation to consumption. Food manufacturers, processors, restaurants, fast food outlets and so forth are all involved in one way or another in this corrupt practice of adulteration. Foods are adulterated by using various harmful chemicals and toxic artificial colours, on the one hand, and rotten perishables turned to poisonous foods are stored, sold and served to consumers in an unhygienic atmosphere, on the other. The unhygienic and unsafe treatment …