Law Commons^™

Why Foreign Policy Principles Persist: Understanding The Reinterpretations Of Japan’S Article 9 And Switzerland’S Neutrality, Yuki Numata

Pomona Senior Theses

This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

Crashing An Officers-Only Cav Party, Steve Tedder

Mighty Pen Project Anthology & Archive

Thirty years after Vietnam, an enlisted man attends a reunion intended only for the officer fliers of his troop. He finds a warm welcome, and learns, again, that all warriors are a band of brothers.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories …

Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber

Fordham Urban Law Journal

No abstract provided.

From Promise To Form: How Contracting Online Changes Consumers, David A. Hoffman

All Faculty Scholarship

I hypothesize that different experiences with online contracting have led some consumers to see contracts—both online and offline—in distinctive ways. Experimenting on a large, nationally representative sample, this paper provides evidence of age-based and experience-based differences in views of consumer contract formation and breach. I show that younger subjects who have entered into more online contracts are likelier than older ones to think that contracts can be formed online, that digital contracts are legitimate while oral contracts are not, and that contract law is unforgiving of breach.

I argue that such individual differences in views of contract formation and enforceability …

Is Government Really Broken?, Cary Coglianese

University of Pennsylvania Journal of Law and Public Affairs

The widespread public angst that surfaced around the 2016 presidential election in the United States revealed that many Americans believe their government has become badly broken. Given the serious problems that continue to persist in society—crime, illiteracy, unemployment, poverty, discrimination, and more—these beliefs in a government breakdown are understandable. Yet a breakdown is actually far from self-evident. In this paper, I explain how diagnoses of governmental performance depend on the perspective from which current conditions in the country are viewed. Certainly when judged against a standard of perfection, America has a long way to go. But perfection is no meaningful …

Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline and, …

From Bail Bondsmen To Risk Assessments: Assessing Kentucky's Pretrial Release Approaches, Ismaila Ceesay

MPA/MPP/MPFM Capstone Projects

As one of only four states that ban bail bond companies, Kentucky is an experiment in the “laboratory of democracy,” which is made even more interesting because the state has tried three different approaches to pretrial release—the Pre-1976 approach, the 1976 to 2011 approach, and the 2011 to present approach. An assessment of these approaches show s how state actions and inaction can affect the right to pretrial release and underscores the importance of adopting appropriate state pretrial release policies.

The Impact Of The Universal Basic Education Program In Addressing Rural Secondary School Drop Outs, Chinwe Anwuli Mordi

Walden Dissertations and Doctoral Studies

The Universal Basic Education (UBE) was designed to address the social problem of drop outs in secondary schools, but dropout rates in secondary schools are still at a 42% high in Enugu State, Nigeria. This study sought to understand teachers' perceptions of the program, the ways the UBE impacted the dropout problem, and what could be done to the UBE program to make it more effective. This study provided an important contribution to the literature, as it examined an often neglected perspective: the input of teachers in the field, as opposed to those of policy planners at the top. The …

A Review Of University Responses To Informal Queries And Open Records Requests For Aggregate Hiring-Related Data, Sheila Brothers

MPA/MPP/MPFM Capstone Projects

Open records (OR) laws ensure that members of the public, including public managers, directors of nonprofit organizations, and individual citizens, have access to the records created by public agencies. Local government and state government agencies are generally recognized to be subject to OR laws, but so are Kentucky’s public universities. The author created a survey to review the responses to both an informal query and a formal open records request made of Kentucky’s eight public, four-year universities (Eastern Kentucky University; Kentucky State University; Morehead State University; Murray State University; Northern Kentucky University; University of Kentucky; University of Louisville; and Western …

Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner

Sungjoon Cho

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao

Lan Cao

Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau

Holning Lau