Law Commons^™

Investor Protection And Civil Liabilities For Defective Prospectuses: Bangladeshi Laws Compared With Their Equivalents In India And Malaysia, S M. Solaiman

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

The Bangladesh securities market came into being in 1954, but it still remains in its infancy. The Disclosure-Based Regulation (DBR), a regulatory regime useful for the developed securities markets, was adopted in January 1999 for an embryonic securities market in Bangladesh by discarding the previous merit regulation. The new philosophy came into effect without any significant changes being made in the old legal and regulatory framework of initial public offerings (IPOs).

A Cappella And Diva: A Collaborative Process For Individual Academic Writing, Wendy Beck, Kerry Dunne, Josie Fisher, Jane O'Sullivan, Alison Sheridan

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

Picture this: Five academic women are sitting at a round table in an elegant nineteenth century room located in a rural landscape in regional NSW. Sometimes with coffee, sometimes over lunch, the conversation ranges broadly across the spectrum of the personal, policy and university politics. Having traversed the terrain in which they work-workload, juggling the responsibilities that traditionally fall to women-the talk comes round to the business of the day: writing for publication. Here is how a typical meeting unfolds: they provide updates on their research successes, and then proceed to the discussion and critical response to a current piece …

Japanese Government Policy And The Reality Of The Lives Of The Zanryu Fujin, Rowena G. Ward

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

The zanryu fujin, (or stranded war wives) are former Japanese female emigrants to Manchuria who, for various reasons, remained in China at the end of World War Two. They were for a long time the forgotten members of Japan's imperialist past. The reasons why the women did not undergo repatriation during the years up to 1958, when large numbers of the former colonial emigrants returned to Japan, are varied, but in many cases, their 'Chinese' families played some part. The stories of survival by these women during the period immediately after the entry of Russia into the Pacific War …

To The Smell Of Pineapples: Writing A Queensland Auto-Bio-Graphie, Francesca T. Rendle-Short

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

I grew up eating pineapples in everything; well, nearly everything (let's not exaggerate). They were a sweetener, made things juicy. Pineapple jam, pineapple breadcrumbs stuffed in the chicken roast for Sunday lunch after church, pineapple on the barbeque for the Christian folk my parents (MotherJoy and Onward) invited home, crushed pineapple in the punch, pineapple in the boiled fruitcake, pineapple in sandwiches as a treat through the summer holidays, pineapple in the curried rice salad for days my mother felt adventurous. We ate from pineapples too. Imagine then refined white sugar being spooned out of a fancy pineapple canister with …

Covert Disclosures: Unauthorised Leaking, Public Officials And The Public, Kathryn Flynn

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

This paper highlights the role of unofficial sources—unauthorized “leakers”—in the public sector and their contribution to investigative journalism and to a lesser extent to routine news production. Unauthorized sources do not enjoy the ease of access to journalists, the economic resources, the human resources, nor the legitimacy conferred on official sources. Interviews conducted with journalists and sources show that at times these barriers have been overcome through the establishment of relationships of trust based on the confidentiality of the identity of the source and through careful cross-checking by journalists of information supplied by leakers.

Out Of The Blue: An Act For Australia's Oceans, Chris Smyth, Meg Lee, Rob Prof Rob Fowler, Gregory L. Rose, Marcus Haward

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

The National Environmental Law Association (NELA) and the Australian Conservation Foundation (ACF) have prepared Out of the blue to initiate public discussion about the future of Australia’s oceans laws, planning and management.

NELA is a multi-disciplinary national organisation with the objectives of furthering the role of environmental law in Australia and serving the needs of practitioners in law, planning, natural resources and environmental management, environmental science and environmental impact assessment to obtain and exchange information on issues relevant to environmental law and policy.

One of its themes is to focus on the harmonisation of environmental laws across Australia. ACF is …

Media Representations Of The Hijab, Julie N. Posetti

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

Over the past decade, the appropriateness of traditional clothing worn by some Muslim women, particularly the head covering known as the hijab, has been the focus of often fierce media debates. The hijab debate has come to symbolise the clash of cultures fanned by links between Islamic extremism and 21st century terrorism. While in several Islamic states such as Saudi Arabia, Afghanistan and Iran, the full covering, known as the chador or burqa, has been mandatory, a backlash against Muslim culture has seen such clothing banned, along with the much more common hijab, in the interests of secularism. In this …

Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Government Regulation Of Irrationality: Moral And Cognitive Hazards, Jonathan Klick, Gregory Mitchell

All Faculty Scholarship

Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite the dynamic effects of paternalistic policies. This Article considers how paternalistic policies fare under a dynamic account of decision making that incorporates learning and motivation effects. This approach brings out two important limitations on the efficiency effects of paternalistic regulations. First, if preferences and biases are endogenous to institutional forces, paternalistic government regulations may perpetuate and even magnify a given bias and cause other adverse psychological effects. Second, for some biases, it will be more efficient to invest resources in debiasing than …

Moralizing In Public, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Restorative Processes & Doing Justice, Paul H. Robinson

All Faculty Scholarship

This essay argues that, while many restorative processes are quite valuable, there is the potential for their use to produce results that conflict with the community's shared intuitions of justice and to thereby undermine the criminal law's moral credibility. Because such moral credibility can have practical crime-control value, it ought not be undermined unless the crime-control benefits of doing so clearly outweigh the costs. In practice, it is entirely possible to rely upon restorative processes in ways that avoid injustice and that assure justice is done.

Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri

All Faculty Scholarship

This article examines the causes and consequences of a transformation in anti-discrimination discourse between 1970 and 1977 that shapes our constitutional landscape to this day. Fears of cross-racial intimacy leading to interracial marriage galvanized many white Southerners to oppose school desegregation in the 1950s and 1960s. In the wake of Brown v. Board of Education, some commentators, politicians, and ordinary citizens proposed a solution: segregate the newly integrated schools by sex. When court-ordered desegregation became a reality in the late 1960s, a smattering of southern school districts implemented sex separation plans. As late as 1969, no one saw sex-segregated schools …

Natural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for human flourishing. In a radically dysfunctional society, humans are thrown back on their own resources--doing the best they can in …

Moral Ambition: The Sermons Of Harry A. Blackmun, Dena S. Davis

Law Faculty Articles and Essays

Justice Harry A. Blackmun died on March 4, 1999 at the age of 90. The public funeral was held on March 9, at the huge and impressive Metropolitan Memorial United Methodist Church, on Nebraska Avenue in Washington, D.C. Among the many speakers at this "Service of Death and Resurrection" was the Rev. Dr. William A. Holmes, senior pastor at the Church, speaking on "The Churchmanship of Harry Blackmun." Dr. Holmes talked movingly of a man who was intimately involved in the affairs of his church. Among the Justice's many contributions, Holmes noted a sermon that Blackmun had once preached on …

Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi

All Faculty Scholarship

No abstract provided.

Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick

All Faculty Scholarship

The federal preemption of state law has emerged as a prominent field of study for legal scholars and political scientists. This rise to prominence of a technical and often dull field of jurisprudence is due to a number of developments-increasingly frequent federal statutory preemptions; the states' unprecedented aggressiveness in regulating business transactions, the expansion of corporate liability under state common law and the increased resort of corporate defendants to federal preemption defenses; and, not least, the Rehnquist Court's discovery of federalism and states' rights.

Unfortunately, the preemption debate has been marred by misperceptions and a lack of reliable data. Extravagant …

Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick

All Faculty Scholarship

Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …

Aspirational Rights And The Two-Output Thesis, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Lodge, Henry Cabot, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

Making Meaning Of Megan’S Law, Rose Corrigan

Rose Corrigan

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …

Root, Elihu, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

Sara L Kimble

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo

Nick J. Sciullo

This paper will discuss the background of the 2002 Farm Bill and its origins in the Federal Agricultural Improvement and Reform Act of 1996 (hereinafter the 1996 Farm Bill). Secondly, a basic discussion of feminist international relations and more generally, feminist legal theory will be invoked to provide a theoretical beacon for the rest of the journey. Thirdly, specific arguments about ecofeminsim and postcolonial feminism are teased out in order to critically investigate the direct and indirect consequences of United States farm policy. Fourthly, the 2002 Farm Bill's disparate impact on international womyn will be discussed and theories about the …

Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson

Dr Matilda Arvidsson

The article investigates the fundamental concept of 'time' within the framework of the laws of war, using the War on Terrorism as a starting point and the 2003 invasion and subsequent occupation of Iraq as an example. The article argues for an eschatological understanding of time during the War on Terrorism, framing a state of exception, and ultimately keeping law on hold in an enduring 'now' while messianic hopes for redemption are directed towards a new future to come after war.

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …