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2010

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Articles 15721 - 15750 of 16448

Full-Text Articles in Law

Testing For Adverse Selection In Insurance Markets, Alma Cohen, Peter Siegelman Dec 2009

Testing For Adverse Selection In Insurance Markets, Alma Cohen, Peter Siegelman

Peter Siegelman

This paper reviews and evaluates the empirical literature on adverse selection in insurance markets. We focus on empirical work that seeks to test the basic coverage–risk prediction of adverse selection theory—that is, that policyholders who purchase more insurance coverage tend to be riskier. The analysis of this body of work, we argue, indicates that whether such a correlation exists varies across insurance markets and pools of insurance policies. We discuss various reasons why a coverage–risk correlation may not be found in some pools of insurance policies. The presence of a coverage-risk correlation can be explained either by moral hazard or …


Banning Religious Dress And Symbols In Public Schools: Implications For School Policy Makers, Joan Squelch Dec 2009

Banning Religious Dress And Symbols In Public Schools: Implications For School Policy Makers, Joan Squelch

Joan Squelch

The banning of religious clothing and symbols in public schools is an ongoing and contentious issue in
education. This article examines the banning of religious clothing and symbols in public schools in light
of United Kingdom and European Court of Human Rights decisions involving both students and teachers.
The article addresses three key themes that emerge from the cases: (1) the right to religious freedom and
its limitations; (2) religious dress and the right not to be discriminated against; and (3) secularism as alegitimate basis to limit human rights. The final part of the article considers the position in the …


The Australian Legal Framework For Workplace Bullying, Joan Squelch, Robert Guthrie Dec 2009

The Australian Legal Framework For Workplace Bullying, Joan Squelch, Robert Guthrie

Joan Squelch



 
The health and safety of employees is of paramount importance in a workplace. Bullying in the workplace can create an unsafe, hostile, and threatening working environment that can have a profound effect on the health and safety of employees. Although there is no single definition of workplace bullying, most definitions, whether academic or statutory or arising from developments in case law, state that workplace bullying is "persistent" and "repeated" behavior and that there is generally an imbalance of power between the target of bullying and the bully. Namie and Namie,(FN1) for instance, describe bullying at work as the "repeated, …


Crafting Child-Mindful Curricula In Social Work Education: A Review Of The National Child Protection Framework, Budiselik William, Joan Squelch, Frances Crawford Dec 2009

Crafting Child-Mindful Curricula In Social Work Education: A Review Of The National Child Protection Framework, Budiselik William, Joan Squelch, Frances Crawford

Joan Squelch

Budiselik, W., Squelch, J., and Crawford, F. (2010). Crafting child-mindful curricula in social work education: A review f he national child protection framework.dnces n Socia Work nd Wefar Education, 12(1), 73-87


Acting In The Best Interests Of The Child: A Case Study On The Consequences Of Competing Child Protection Legislation In Western Australia, Budiselik William, Frances Crawford, Joan Squelch Dec 2009

Acting In The Best Interests Of The Child: A Case Study On The Consequences Of Competing Child Protection Legislation In Western Australia, Budiselik William, Frances Crawford, Joan Squelch

Joan Squelch


With a focus on the case of CEO, Department for Child Protection v. John Citizen
(2007) WASC 312, this article examines the legal issues that the case presents for
child-care workers and child welfare organisations when acting in the best interests of a
child. This complex case raises a number of issues regarding the issuing of assessment
notices (working with children cards), what constitutes the ‘best interests of the child’
and the interplay between potentially conflicting pieces of child welfare and child
protection legislation. The first part of the article provides an introduction to the
working with children legislation in …


Reasonable Accommodation Of University Students With Disabilities, Joan Squelch Dec 2009

Reasonable Accommodation Of University Students With Disabilities, Joan Squelch

Joan Squelch

University students with a disability have a right to education, including equal access to
facilities, services and programs, and not to be discriminated against on the grounds of
disability. An educational institution, therefore, has a duty to provide a student with a
disability with reasonable accommodation or reasonable adjustment to ensure they are able
to fully participate in tertiary education. However, in order to provide reasonable
accommodation students and staff need to be aware of their legal rights and responsibilities
in this regard. This article examines the scope and meaning of the concept of reasonable
accommodation with reference to case …


Teachers And Social Networking Sites: Think Before You Post, Charles Russo, Joan Squelch, Sally Varnham Dec 2009

Teachers And Social Networking Sites: Think Before You Post, Charles Russo, Joan Squelch, Sally Varnham

Joan Squelch

Social networking sites are highly popular and have profoundly changed the way
people, including educators, communicate and interact. For many teachers the use of
Facebook and MySpace is seen as a valuable educational tool and an integral part of
their private social interaction. However, the exponential growth in the use of social
networking sites by students and teachers alike has presented new legal, ethical and
professional challenges for teachers and school administrators. Teachers might argue
that their social networking sites are personal websites but they are ultimately very
public spaces that leave an electronic trail that can have serious, albeit …


Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, Jill Family Dec 2009

Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, Jill Family

Jill E. Family

This essay, published in the Revista catalana de dret public (Catalan Journal of Public Law), highlights the conflicting signals sent throughout the history of US immigration law. One consistent feature of the development of US immigration law is that it has exhibited signs of welcome and of tight control. Understanding this conflicted narrative helps to explain modern debates about immigration reform in the United States. The conflicting signals are evident in debates about the effectiveness of the system designed to select immigrants (including its enforcement features) and in debates over the future of the immigration adjudication system. Opposing views in …


Becoming An Immigration Lawyer, Jill Family Dec 2009

Becoming An Immigration Lawyer, Jill Family

Jill E. Family

This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each. The "how-to" essays are authored by 19 of the leading law firm practitioners, government agency counsels, federal administrative law judges, non-profit group advocates and legal educators. In plain language, they open your eyes to the many rewarding careers that lie …


Public Service And Consultant Work: Chair Of The Workforce Subcommittee, Alternative Standards Of Care During Public Disasters, Dean Hashimoto Dec 2009

Public Service And Consultant Work: Chair Of The Workforce Subcommittee, Alternative Standards Of Care During Public Disasters, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


The Law Professor As Counterterrorist Tactician, Lawrence Rosenthal Dec 2009

The Law Professor As Counterterrorist Tactician, Lawrence Rosenthal

Lawrence Rosenthal

This essay responds to Professor Aziz Huq's provocative article, "The Signaling Function of Religious Speech in Domestic Counterterrorism." Professor Huq contends that current counterterrorist doctrine overemphasizes the use of religious speech as a "signal' for incipient terrorist violence. He argues that the costs of this approach for religious liberty are significant, and its reliability suspect. Professor Huq's assessment of costs, however, overlooks that current doctrine permits only initiation of an investigation on the basis of religous speech, while even Professor Huq's suggested reforms would require consideration of a potential investigative subject's speech if they were operationalized. His proposals might make …


Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards Dec 2009

Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards

Patricia A. McCoy

No abstract provided.


Voting Rights And Election Law, Michael Dimino, Bradley Smith, Michael Solimine Dec 2009

Voting Rights And Election Law, Michael Dimino, Bradley Smith, Michael Solimine

Michael R Dimino

Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying …


Understanding Derivative Complexity And Convergence Book Review: Derivatives: Legal Practice And Strategies, Christian Johnson Dec 2009

Understanding Derivative Complexity And Convergence Book Review: Derivatives: Legal Practice And Strategies, Christian Johnson

Christian A. Johnson

For books written by practitioners for practitioners, reviews should focus on a few key issues: First, is the book written by experts recognized and respected by other practitioners? Next, is the material current and up-to-date on market practice? Finally, is the book accessible and easily usable by both expert and neophyte?


Law, Organizations, And Social Movements, Lauren Edelman, Gwendolyn Leachman, Doug Mcadam Dec 2009

Law, Organizations, And Social Movements, Lauren Edelman, Gwendolyn Leachman, Doug Mcadam

Lauren Edelman

No abstract provided.


Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George Dec 2009

Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George

Cheryl Page

No abstract provided.


The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons Dec 2009

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.


Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Dec 2009

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Daniel R. Coquillette

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …


Legal Writing And Other Lawyering Skills, Nancy Schultz, Louis Sirico Dec 2009

Legal Writing And Other Lawyering Skills, Nancy Schultz, Louis Sirico

Nancy Schultz

No abstract provided.


Actors And Law-Making In International Environmental Law, Mark Drumbl Dec 2009

Actors And Law-Making In International Environmental Law, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Normative Perceptions Twisting The Law, Jenny Julén Votinius Dec 2009

Normative Perceptions Twisting The Law, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


Oklahoma’S New E-Discovery Rules, Steven Gensler Dec 2009

Oklahoma’S New E-Discovery Rules, Steven Gensler

Steven S. Gensler

No abstract provided.


Family Finances: A Review Of Papers From The 13th World Of The International Society Of Family Law, Scott Fitzgibbon Dec 2009

Family Finances: A Review Of Papers From The 13th World Of The International Society Of Family Law, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Understanding Legal Malpractice Insurance And Client Protection, Susan Fortney Dec 2009

Understanding Legal Malpractice Insurance And Client Protection, Susan Fortney

Susan S. Fortney

No abstract provided.


Monitoring Managers Through Corporate Compliance Programs, Charles Angelucci, Martijn Han Dec 2009

Monitoring Managers Through Corporate Compliance Programs, Charles Angelucci, Martijn Han

Martijn A. Han

Compliance programs entail monitoring of employees' behavior with the claimed objective of fighting corporate crime. (Competition) Authorities promote such intra-firm monitoring. In a three-tier hierarchy model, authority-shareholder-manager, we study the impact of monitoring through a compliance program on contracting within the firm and the authority's optimal sanctions and leniency policy. We find that compliance programs are beneficial in the fight against corporate crime if and only if the managerial sanction is low. Moreover, when the shareholder blows the whistle, the authority optimally grants partial corporate leniency, while not granting individual leniency to the involved employees. Conversely, when the employee blows …


Predicting Whether Multiculturalism Positively Or Negatively Influences White Americans’ Intergroup Attitudes: The Role Of Ethnic Identification., K Morrison, V Plaut, O Ybarra Dec 2009

Predicting Whether Multiculturalism Positively Or Negatively Influences White Americans’ Intergroup Attitudes: The Role Of Ethnic Identification., K Morrison, V Plaut, O Ybarra

Victoria Plaut

Multiculturalism, or the belief that racial and ethnic differences should be acknowledged and appreciated, has been met with both positive reactions (e.g., decreased prejudice) and negative reactions (e.g., perceptions of threat) from dominant group members. The present research proposes that multiculturalism can either positively or negatively influence White Americans’ intergroup attitudes depending on their degree of ethnic identification. In Studies 1 and 2, White Americans primed with multiculturalism exhibited higher social dominance orientation (Study 1) and greater prejudice (Study 2), especially when they identified strongly with their ethnicity. In Study 3, perceptions of threat to group values were found to …


Meeting Justice Stevens, 94 Judicature 34 (2010) (Reviewing Bill Barnhart & Gene Schlickman, John Paul Stevens: An Independent Life (2010))., Nancy Marder Dec 2009

Meeting Justice Stevens, 94 Judicature 34 (2010) (Reviewing Bill Barnhart & Gene Schlickman, John Paul Stevens: An Independent Life (2010))., Nancy Marder

Nancy S. Marder

No abstract provided.


Ascroft V. Iqbal, William Janssen Dec 2009

Ascroft V. Iqbal, William Janssen

William M. Janssen

This chapter discusses the U.S. Supreme Court's 2009 opinion in Ashcroft v. Iqbal, with early thoughts on its possible implications for the drug and device industries.


An Experimental Analysis Of The Demand For Payday Loans, Bart Wilson, David Findlay, James Meehan Jr., Charissa Wellford, Karl Schurter Dec 2009

An Experimental Analysis Of The Demand For Payday Loans, Bart Wilson, David Findlay, James Meehan Jr., Charissa Wellford, Karl Schurter

Bart J. Wilson

No abstract provided.


Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner Dec 2009

Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner

Lorin C. Geitner

A survey of the different patterns of the relationship between of law to religion (and vice versa) in the course of world history, in order to provide historical and legal context and argue for the notion that the United States, truly, a secular society, but rather a religiously pluralistic one.