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Articles 241 - 264 of 264
Full-Text Articles in Social and Behavioral Sciences
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Roslyn Fuller
This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.
Indigenous Knowledge, Sam Grey
Indigenous Knowledge, Sam Grey
Sam Grey
Indigenous knowledge (IK) includes the expressions, practices, beliefs, understandings, insights, and experiences of Indigenous groups, generated over centuries of profound interaction with a particular territory. Its iterations and mechanisms are unique to each community, even where it shares certain features across groups by virtue of being embedded in a wider, common culture. In all locations IK is the foundation of Indigenous governance, ecological stewardship, social, ethical, linguistic, spiritual, medical, food, and economic systems, so that the continual production and reproduction of local, land-based knowledge is the basis of Indigenous identity and sense of place in the world, as well as …
Dick Allen Preferred Not To: A Reconsideration Of Baseball's Bartleby, Mitchell J. Nathanson
Dick Allen Preferred Not To: A Reconsideration Of Baseball's Bartleby, Mitchell J. Nathanson
Mitchell J Nathanson
During the course of his major league career, Dick Allen did a lot of things: he was the 1964 NL Rookie of the Year and the 1972 AL Most Valuable Player; his 351 home runs are more than Hall of Famer Ron Santo, his 1119 RBI’s are more than Hall of Famer Rod Carew, and, for those who pray to the alter of sabermetrics, his “adjusted OPS+” is higher than the greatest slugger of all time, Hall of Famer Hank Aaron. Because of all that he did, the MLB Network in 2012 ranked him as a member of its “Top …
Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet
Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Behavioral Approaches To Environmental Policy Analysis: A Case Study Of Offshore Wind Energy In The North American Great Lakes, Erik Edward Nordman
Behavioral Approaches To Environmental Policy Analysis: A Case Study Of Offshore Wind Energy In The North American Great Lakes, Erik Edward Nordman
Erik Edward Nordman
Behavioral economics, including prospect theory, offers new approaches to environmental policy analysis. The utility of behavioral approaches to environmental policy analysis is illustrated using a case study of offshore wind energy policy in Michigan, USA. Michigan has attempted to clarify the permitting process for offshore wind energy but those efforts have failed. Prospect theory suggests that Michigan legislators are, for the most part, risk averse to policy reforms as the state emerges from its “one-state recession” and into a gains domain. Legislators from some coastal districts perceive offshore wind development as a threat to coastal quality of life, are risk-seeking …
The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield
The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield
Gillian K Hadfield
The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in …
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Many social scientists rely on the rule of law in their accounts of political or economic development. Many however simply equate law with a stable government capable of enforcing the rules generated by a political authority. As two decades of largely failed efforts to build the rule of law in poor and transition countries and continuing struggles to build international legal order demonstrate, we still do not understand how legal order is produced, especially in places where it does not already exist. We here canvas literature in the social sciences to identify the themes and gaps in the existing accounts. …
Constitutions As Coordinating Devices, Gillian K. Hadfield, Barry R. Weingast
Constitutions As Coordinating Devices, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Why do successful constitutions have the attributes characteristically associated with the rule of law? Why do constitutions involve public reasoning? And, how is such a system sustained as an equilibrium? In this paper, we adapt the framework in our previous work on “what is law?” to the problem of constitutions and their enforcement (see Hadfield and Weingast 2012, 2013a,b). We present an account of constitutional law characterized by two features: a system of distinctive reasoning and process that is grounded in economic and political functionality; and a set of legal attributes such as generality, stability, publicity, clarity, non-contradictoriness, and consistency. …
Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg
Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg
Thomas D. Lyon
No abstract provided.
Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia Stolzenberg, Kang Lee, Thomas D. Lyon
Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia Stolzenberg, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read a story …
4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon
4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon
Thomas D. Lyon
No abstract provided.
Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan
Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan
Dr. Saumya Uma
Ohana Ho‘Opakele: The Politics Of Place In Corrective Environments, Marilyn Brown, Sarah Marusek
Ohana Ho‘Opakele: The Politics Of Place In Corrective Environments, Marilyn Brown, Sarah Marusek
Sarah Marusek, Ph.D
No abstract provided.
Emblem Of Folk Legality: Semiotic Prosecution And The American Bald Eagle, Sarah Marusek
Emblem Of Folk Legality: Semiotic Prosecution And The American Bald Eagle, Sarah Marusek
Sarah Marusek, Ph.D
No abstract provided.
The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan
The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan
Joy Milligan
No abstract provided.
Risk Tradeoff Analysis, Public Opinion And Nuclear Safety: A Spanish Case Study, Xiao Recio-Blanco
Risk Tradeoff Analysis, Public Opinion And Nuclear Safety: A Spanish Case Study, Xiao Recio-Blanco
Xiao Recio-Blanco
The 2011 nuclear accident at Fukushima-Daiichi nuclear power plant opened a heated worldwide debate over nuclear energy. Unfortunately, neither the previous nor current Spanish governments have publicized the evidence used to evaluate the merits of extending the lifespan of Spain’s own Garoña plant. This article uses the Garoña case for a twofold purpose. First, the article analyzes the accountability of Spain’s executive power decisions on potentially catastrophic industrial activities. The paper finds that the lack of appropriate information disclosure duties in Spain may allow the government to abuse its discretion on actions potentially damaging to human health and the environment. …
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Ira P. Robbins
Losing It In Hawai‘I: Weight Watchers And The Paradoxical Nature Of Weight Gain And Loss (With Kathryn Besio), Kathryn Besio, Sarah Marusek
Losing It In Hawai‘I: Weight Watchers And The Paradoxical Nature Of Weight Gain And Loss (With Kathryn Besio), Kathryn Besio, Sarah Marusek
Sarah Marusek, Ph.D
No abstract provided.
The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan
The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan
Catherine R. Albiston
No abstract provided.
Funding The Cause: How Public Interest Organizations Fund Their Activities And Why It Matters For Social Change, Catherine R. Albiston, Laura Beth Nielsen
Funding The Cause: How Public Interest Organizations Fund Their Activities And Why It Matters For Social Change, Catherine R. Albiston, Laura Beth Nielsen
Catherine R. Albiston
No abstract provided.
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan
Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate social responsibility activism to include both (1) those efforts that seek to convince corporations to voluntarily take into account corporate social responsibility in their own decision-making, and (2) the efforts to alter the legal landscape and expand legal obligations of corporations beyond traditional notions of harm and duty so as to force corporations to invest in interests …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Matthew Parlow
How Real Is Gentrification?, Michael Lewyn
How Real Is Gentrification?, Michael Lewyn
Michael E Lewyn
Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.