Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 25711

Full-Text Articles in Social and Behavioral Sciences

Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala Jan 2019

Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

Managing the euro crisis has been a process of institutional transformation for the EU. The European Semester has emerged as a powerful tool for economic policy coordination between the Member States. Beyond the new enforcement tools that the Semester affords the Commission and Council in case of non-compliance with country-specific recommendations, the management of the crisis has given the Commission experience in structural reforms. The Commission now regularly uses this experience in formulating its yearly country-specific recommendations to Member States. Far from a stalwart of untethered neoliberalism, the Commission has been fashioning itself as the manager with a human face ...


Finding Law, Stephen E. Sachs Jan 2019

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston Dec 2018

Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston

Alyssa Thurston

This bibliography compiles selected secondary and primary materials on physician-assisted death. Secondary sources include books, book chapters, law review and law journal articles, bibliographies, websites, and current awareness materials, and are mostly limited to publication dates of 2007-2018. Most of the included materials focus on the United States, but a number of sources also discuss other countries and one section is devoted to international experiences with physician-assisted death.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Body Battlegrounds: Transgressions, Tensions And Transformations, Chris Bobel, Samantha Kwan Dec 2018

Body Battlegrounds: Transgressions, Tensions And Transformations, Chris Bobel, Samantha Kwan

Chris Bobel

Body Battlegrounds explores the rich and complex lives of society’s body outlaws—individuals from myriad social locations who oppose hegemonic norms, customs, and conventions about the body in context. Original research chapters (based on textual analysis, qualitative interviews, and participant observation), along with personal narratives, provide a window into the everyday lives of people rewriting the norms of embodiment in sites like schools, sporting events, and the doctor’s office. Each accessibly-written, pedagogically-oriented chapter and narrative is at once theoretically and methodologically transparent and alive with the voices of the actors at the center of inquiry.
 
Body Battlegrounds is ...


Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder Dec 2018

Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder

Electronic Theses and Dissertations

Sex trafficking is a grossly misconstrued and increasing issue within the United States. The purpose of this study was to extend current knowledge regarding the public’s education on domestic sex trafficking and perceptions of domestic sex trafficking victims. The public’s awareness of domestic sex trafficking and perceptions of domestic sex trafficking victims were examined through the utilization of a 31 closed-ended question survey. The survey included questions about domestic sex trafficking and prostitution myths, domestic sex trafficking victim characteristics, domestic sex trafficking legislation, law enforcement’s involvement in domestic sex trafficking cases, and demographics. The sample consisted of ...


Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Creek, Lindsey Peterson Nov 2018

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Creek, Lindsey Peterson

Societies Without Borders

No abstract provided.


Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg Nov 2018

Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg

Societies Without Borders

This article investigates the contribution of International Non-Governmental Organizations to the social construction of knowledge about episodes of mass violence. The focus is on the dynamics between global and national forces, explored through a case study of Amnesty International and the mass violence that unfolded in the Darfur region of Sudan during the first decade of the 21st century. Interviews with Amnesty staff and volunteers, supplemented by an examination of Amnesty websites, suggest that the organization succeeds in generating a relatively unified representation, reflective of its goal to promote human rights, but that it can succeed only by granting leeway ...


Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler, Pamela Irving Jackson Nov 2018

Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler, Pamela Irving Jackson

Societies Without Borders

In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the ...


Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda Nov 2018

Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda

Societies Without Borders

There exists a well-documented tendency among citizens to perceive immigrant populations as much larger than indicated by official statistics. This misperception has been linked to desires to halt the flow of immigration or restrict immigrants’ rights, raising concern about the consequences of pervasive faulty information. However, ignorance extends beyond questions of population size. There are also many qualitative misperceptions upon which individuals base their opinions about foreigners. In particular, citizens are likely to hold incorrect perceptions about the legal status of the typical immigrant (i.e., documented vs undocumented). The current study takes a unique approach by simultaneously examining both ...


Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki Nov 2018

Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki

Societies Without Borders

With a declining birth rate and aging population, Japan needs to open the door to immigrants to maintain its workforce. “Multicultural Coexistence,” or “tabunka-kyosei” in Japanese, is commonly used to describe the relationship between Japanese people and foreign nationals in Japan. Unfortunately, the definition of the term is unclear. This study defines multicultural coexistence based on two conceptions, namely “willingness for communication” and “support for or opposition to the equality of rights.” The analyses are based on quantitative data of a sample of 1,823 Japanese persons and 292 foreign national persons (immigrants) living in the industrial city of Tokyo ...


Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler, Hiromi Ishizawa Nov 2018

Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler, Hiromi Ishizawa

Societies Without Borders

Prior research suggests that immigrants in the U.S. are less likely to civically engage than the native-born, but few studies have systematically examined whether levels of expressive engagement differ by immigrant generational status – particularly in the case of contacting a public official and boycotting or buycotting products for political or social reasons. Using the Current Population Survey, November 2011 and 2013 Civic Engagement Supplements, this study examines whether these forms of expressive engagement differ across immigrant generational status, and by race and ethnicity within immigrant generations. In accord with classical assimilation theory, the findings show that the first generation ...


Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta Nov 2018

Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta

Journal of Vincentian Social Action

Employees who deviate from established rules at work face suspension or termination from their employment. Yet, knowing these dire consequences employees may still find themselves walking on a different path of business policy. Most employee wrongful conduct is done with the specific intent of benefitting the employee. In some cases, the authorities are brought in to intervene and criminal charges are brought against the employee, as in the case of embezzlement. Some acts are done by employees who do not believe in their company’s rules and are willing to deviate from them, not for their own benefit, but rather ...


Usury And The Common Good, Jim Wishloff Nov 2018

Usury And The Common Good, Jim Wishloff

Journal of Vincentian Social Action

No abstract provided.


Table Of Contents Nov 2018

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.


Editors Nov 2018

Editors

Journal of Vincentian Social Action

No abstract provided.


Cover Nov 2018

Cover

Journal of Vincentian Social Action

No abstract provided.


Social Inclusion In A Context Of Global Migration - Introduction, Loretta E. Bass Nov 2018

Social Inclusion In A Context Of Global Migration - Introduction, Loretta E. Bass

Societies Without Borders

No abstract provided.


The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton Nov 2018

The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton

Faculty Scholarship at Penn Law

No abstract provided.


Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad Nov 2018

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

Faculty Scholarship at Penn Law

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


Struggles Over Universal Human Rights, Brian K. Gran Nov 2018

Struggles Over Universal Human Rights, Brian K. Gran

Societies Without Borders

No abstract provided.


Prophylactic Merger Policy, Herbert J. Hovenkamp Nov 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


Demanding Accountability In Domestic Violence Courts, Johnna Pike Nov 2018

Demanding Accountability In Domestic Violence Courts, Johnna Pike

Violence Against Women conference

This presentation explores whether specialized domestic violence courts are achieving their stated objective of abuser accountability. Domestic violence emerged from the private realm of family life into the public consciousness during the 1970s. Since then, there has been a largely successful movement to reframe domestic violence as a “real” social problem necessitating meaningful criminal justice intervention. Within the criminal justice system, victim and feminist groups have mostly prevailed in controlling the discourse around domestic violence as a gender-based offense. As a result, a criminal court model aimed at empowering victims and at holding abusers accountable has emerged. However, the efficacy ...


Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport Nov 2018

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to ...


Enhancing Your Intelligence Agency Information Resource Iq: Pt. 4: National Geospatial Intelligence Agency (Ngia), National Intelligence University (Niu), And National Reconnaissance Office (Nro), Bert Chapman Nov 2018

Enhancing Your Intelligence Agency Information Resource Iq: Pt. 4: National Geospatial Intelligence Agency (Ngia), National Intelligence University (Niu), And National Reconnaissance Office (Nro), Bert Chapman

Libraries Faculty and Staff Presentations

Webinar presentation on publicly accessible information resources produced by the U.S. National Geospatial Intelligence Agency (NGIA), National Intelligence University (NIU), and National Reconnaissance Office. Places significant emphasis on missions of these agencies, their historical accomplishments, coverage of their educational activity, and information on the technologies they have used and are currently using to fulfill their institutional objectives.


The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan Nov 2018

The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan

World Maritime University Dissertations

No abstract provided.


Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs Nov 2018

Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

We believe that Elsevier and other major publishers are continuing to engage in anti-competitive practices, which are continuously worsening, and that information gained in the last 15 years urges immediate investigation and intervention into this unregulated market space. This could be, for example, through an empirical analysis of the scholarly publishing market; by having an independent regulatory body monitoring and overseeing the digital services provided by Elsevier and others within the industry; banning the use of non-disclosure clauses in licensing contracts; requiring transparency into the production costs of research articles and publishing operations; banning the use of inappropriate journal-level metrics ...


The Santa Clara, 2018-11-01, Santa Clara University Nov 2018

The Santa Clara, 2018-11-01, Santa Clara University

The Santa Clara

No abstract provided.


Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan Nov 2018

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.


A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock Oct 2018

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.