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Articles 1 - 12 of 12

Full-Text Articles in Law

Understanding The Terrorist Mindset, Randy Borum Jul 2003

Understanding The Terrorist Mindset, Randy Borum

Mental Health Law & Policy Faculty Publications

No abstract provided.


Slides: Managing Risks Associated With Climate-Related Water Supply Variability, Bonnie G. Colby Jun 2003

Slides: Managing Risks Associated With Climate-Related Water Supply Variability, Bonnie G. Colby

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dr. Bonnie G. Colby, Professor of Agricultural and Resource Economics, University of Arizona

5 page "Outline" and 38 slides


Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler Apr 2003

Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler

Faculty Scholarship at Penn Law

Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and the risk ...


Prohibited Risks And Culpable Disregard Or Inattentiveness: Challenge And Confusion In The Formulation Of Risk-Creation Offenses, Paul H. Robinson Jan 2003

Prohibited Risks And Culpable Disregard Or Inattentiveness: Challenge And Confusion In The Formulation Of Risk-Creation Offenses, Paul H. Robinson

Faculty Scholarship at Penn Law

Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question - What risks does the criminal law prohibit? - from the adjudication question - When is a particular violator's conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question - through their definition of reckless and negligent culpability - and fail to provide a rule of conduct provision to define a prohibited risk. This reliance upon culpability definitions as the core of risk-creation offense ...


Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey Jan 2003

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Articles

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if ...


Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster Jan 2003

Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster

Book Chapters

In many jurisdictions around the world, the possibility of an ‘internal flight alternative’(IFA) (often referred to as ‘internal relocation alternative’) is invoked to deny refugee status to persons at risk of being persecuted for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee lawand policy, the viability of a universal commitment to protection is challenged by divergence in State practice. The goals of this paper are therefore, first, briefly to review the origins and development of the practice of considering IFA as an aspect of the ...


Understanding Climatic Impacts, Vulnerabilities, And Adaptation In The United States: Building A Capacity For Assessment, Edward A. Parson, Robert W. Corell, Eric J. Barron, Virginia Burkett, Anthony Janetos, Linda Joyce, Thomas R. Karl, Michael C. Maccracken, Jerry Melillo, M. Granger Morgan, David S. Schimel, Thomas Wilbanks Jan 2003

Understanding Climatic Impacts, Vulnerabilities, And Adaptation In The United States: Building A Capacity For Assessment, Edward A. Parson, Robert W. Corell, Eric J. Barron, Virginia Burkett, Anthony Janetos, Linda Joyce, Thomas R. Karl, Michael C. Maccracken, Jerry Melillo, M. Granger Morgan, David S. Schimel, Thomas Wilbanks

Articles

Based on the experience of the U.S. National Assessment, we propose a program of research and analysis to advance capability for assessment of climate impacts, vulnerabilities, and adaptation options. We identify specific priorities for scientific research on the responses of ecological and socioeconomic systems to climate and other stresses; for improvement in the climatic inputs to impact assessments; and for further development of assessment methods to improve their practical utility to decision-makers. Finally, we propose a new institutional model for assessment, based principally on regional efforts that integrate observations, research, data, applications, and assessment on climate and linked environmental-change ...


Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang Jan 2003

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Articles

No abstract provided.


Is Risk A Harm?, Claire Oakes Finkelstein Jan 2003

Is Risk A Harm?, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Economic Suicide: The Collision Of Ethics And Risk In Securities Law, Barbara Black, Jill I. Gross Jan 2003

Economic Suicide: The Collision Of Ethics And Risk In Securities Law, Barbara Black, Jill I. Gross

Pace Law Faculty Publications

The first part of this article looks at whether there are any legal principles derived from regulation or the case law to support an “economic suicide” claim. The second part of the article reviews arbitrators' awards to determine whether arbitrators do, in fact, decide favorably on economic suicide claims. The article also looks at some arbitrators' awards that appear to recognize an economic suicide claim to identify any factors that may lead arbitrators to award damages to the claimant. Finally, in the third part, we address whether policy considerations support an extension of recognized brokers' duties to include a duty ...


Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang Jan 2003

Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang

Faculty Scholarship

No abstract provided.


The Role Of Primary Assumption Of Risk In Civil Litigation In Minnesota, Michael K. Steenson Jan 2003

The Role Of Primary Assumption Of Risk In Civil Litigation In Minnesota, Michael K. Steenson

Faculty Scholarship

Assumption of risk has presented courts with considerable difficulty in defining its theoretical justification and its relationship to tort duty limitations and to the defense of contributory negligence. In Minnesota and elsewhere, assumption of risk has been applied inconsistently. Sometimes it seems to relate to the duty issue and sometimes it is linked to the defense of contributory negligence, but without a clear differentiation of which issue is involved. In Minnesota specifically, the Minnesota Supreme Court has acknowledged that inconsistency and the difficulty in applying the concept in cases spanning several decades. This article focuses on primary assumption of risk ...