Social and Behavioral Sciences Commons^™

Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …

The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah

Book Chapters

This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …

The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …

Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson

Honors Thesis

The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each stage of …

Preparing Law Students For The Future Of Work, Technology, And Globalization, Tashfeen Ahmad

Journal of Global Awareness

This paper aims to assist lecturers, universities, and their administrators in improving their law degrees. This is in the context of the future of work. This paper will reflect on how to tailor a law degree to improve the employability of students with this degree. This piece emerged as a viewpoint to identify best practices to prepare a law student for better employability. Significant benefits and opportunities can be unlocked if educators apply and incorporate the findings from this piece. Educators should rethink how they deliver law degrees, keeping in mind the emerging trends in their respective job markets. This …

2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa

The International Journal of Ethical Leadership

transcript

Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Bernard Rollin, PhD

The 20th century has witnessed a bewildering array of ethical revolutions, from civil rights to environmentalism to feminism. Often ignored is the rise of massive societal concern across the world regarding animal treatment. Regulation of animal research exists in virtually all Western countries, and reform of “factory farming” is regnant in Europe and rapidly emerging in the United States. In 2012, a series of articles in The New York Times focused welfare attention squarely on the horse industry. Opponents of concern for animals often dismiss the phenomenon as rooted in emotion and extremist lack of appreciation of how unrestricted animal …

Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of …

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

All Faculty Scholarship

A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps limited …

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …

Aom Aat Law Symposium Proposal (Final).Pdf, Adam J. Sulkowski, Constance E. Bagley, J.S. Nelson, Waddock S., Paul Shrivastava, Inara K. Scott

J.S. Nelson

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen

Robert Kagan

No abstract provided.

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson

Walden Dissertations and Doctoral Studies

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …

The Requirement To Be Fit And Proper: What Does It Mean To Australian Psychologists?, Francesca A. Bell

Theses: Doctorates and Masters

The phrase fit and proper is used in the Health Practitioners Regulation National Law Act (Qld), 2009, which came into effect nationally in 2010 and governs psychologists. As with previous legislation that used the phrase, the legislator does not define fit and proper, leaving it up to each profession to determine its exact meaning and inform the courts accordingly. A review of the literature established that to date no Australian psychologist has attempted to define the construct. This means that Australian lawyers do not get any guidance from psychologists regarding how they should interpret the phrase fit and proper in …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Escaping Entity-Centrism In Financial Services Regulation, Anita Krug

All Faculty Scholarship

In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …

Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Equine Husbandry and Welfare Collection

The 20th century has witnessed a bewildering array of ethical revolutions, from civil rights to environmentalism to feminism. Often ignored is the rise of massive societal concern across the world regarding animal treatment. Regulation of animal research exists in virtually all Western countries, and reform of “factory farming” is regnant in Europe and rapidly emerging in the United States. In 2012, a series of articles in The New York Times focused welfare attention squarely on the horse industry. Opponents of concern for animals often dismiss the phenomenon as rooted in emotion and extremist lack of appreciation of how unrestricted animal …

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …

Proposed Community Action Plan For Casa Cornelia Law Center, Allison Bechill, Scott Campbell, Casey Mckinley

Community Engagement and Collaboration

Casa Cornelia and scores of other public and private agencies rely on interpreters and translators for communicating with immigrants and their communities. Volunteer support overcomes language barriers and ensures that all clients have access to support services in a culturally and linguistically appropriate manner. Unfortunately, there is often a lack of qualified volunteer interpreters and translators available, most acutely for its Somali clients, which comprise the largest percentage of its Asylum Program’s caseload.

This paper considers possible solutions to the insufficient number of volunteers that are currently available to Casa Cornelia.

The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins

David Randall Jenkins

The Kaplan and Norton 1992 Balanced Scorecard was intentionally structured to aid an Informal Capital Market Cartel in search of the next John Maynard Keynes.

Revisiting A Proposed Definition Of Professional Service Firms, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty

Subrata Chakrabarty

If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman

Peter Z. Grossman

Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …

Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak

Atin Basu Choudhary

We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.

Minding The Gap(S) In Australian Spectrum Law, Benoit P. Freyens

Faculty of Commerce - Papers (Archive)

Achieving efficient spectrum management in the pursuit of the public interest was a key aspect of the legislative reforms enacted through the Radiocommunications Act 1992. However, the Act is unclear about the precise nature of the efficiencies to achieve and choices between different efficiency objectives are often dictated by the nature of the services, bands and market considered. This article argues that efficient spectrum policy can be furthered by crafting additional licensing regimes or expanding the possibilities of existing regimes. Despite successes in moving towards this goal, some legal rules still feed a pool of ‘licensing gaps’ that detract from …

Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley

Seattle University Law Review

On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”