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Articles 1 - 16 of 16

Full-Text Articles in Social and Behavioral Sciences

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo Oct 2008

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold Aug 2008

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.


A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold Aug 2008

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.


Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jul 2008

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.


Taking Distribution Seriously, Robert C. Hockett Jul 2008

Taking Distribution Seriously, Robert C. Hockett

Cornell Law Faculty Working Papers

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing.

To attend systematically to the inter-translatability of maximization language on …


Heather Heckel On Child Soldiers: From Violence To Protection By Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 Pp., Heather Heckel Feb 2008

Heather Heckel On Child Soldiers: From Violence To Protection By Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 Pp., Heather Heckel

Human Rights & Human Welfare

A review of:

Child Soldiers: From Violence to Protection by Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 pp.


Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan Jan 2008

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …


If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman Jan 2008

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

Scholarship and Professional Work - Business

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 …


The Irish Challenge To The Data Retention Directive, Elaine Fahey Jan 2008

The Irish Challenge To The Data Retention Directive, Elaine Fahey

Conference Papers

No abstract provided.


When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi Jan 2008

When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anti-corruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.


Aziza Khatoon On Human Rights In Turkey Edited By Zehra F. Kabasakal Arat. Philadelphia: University Of Pennsylvania Press, 2007. 349 Pp., Aziza Khatoon Jan 2008

Aziza Khatoon On Human Rights In Turkey Edited By Zehra F. Kabasakal Arat. Philadelphia: University Of Pennsylvania Press, 2007. 349 Pp., Aziza Khatoon

Human Rights & Human Welfare

A review of:

Human Rights in Turkey edited by Zehra F. Kabasakal Arat. Philadelphia: University of Pennsylvania Press, 2007. 349 pp.


Study On Safety And Liability Issues Relating To Package Travel, Frank Alleweldt, Klaus Tonner, Marc Mcdonald Jan 2008

Study On Safety And Liability Issues Relating To Package Travel, Frank Alleweldt, Klaus Tonner, Marc Mcdonald

Articles

This study on safety and liability issues relating to package travel, package holidays and package tours highlights some of the gaps in the EU package travel law by answering a number of specific questions related to statistical evidence, Community legislation, and US legislation. It also suggests possible solutions to fill these gaps. The study was prepared by Civic Consulting and is based on a legal analysis, a literature review, an evaluation of statistical data, and on interviews with European and national travel and tour operator associations, individual tour operators, European and national associations of insurers, individual insurance companies, and European …


Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams Jan 2008

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules …


Embracing Risk, Sharing Responsibility, Tom Baker Jan 2008

Embracing Risk, Sharing Responsibility, Tom Baker

All Faculty Scholarship

No abstract provided.


Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan Jan 2008

Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

Vanderbilt Law School Faculty Publications

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context.

The paradoxical psychological bias known as the endowment effect puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at …


Jog, Jogászat És Jogtudomány Hatása Weber Módszertani Nézeteire [The Impact Of Law, Lawyering, And Jurisprudence On Weber’S Methodological Views], Péter Cserne Dec 2007

Jog, Jogászat És Jogtudomány Hatása Weber Módszertani Nézeteire [The Impact Of Law, Lawyering, And Jurisprudence On Weber’S Methodological Views], Péter Cserne

Péter Cserne

Law and legal science have played a significant, but hitherto underestimated role in Weber's life, both professional and non-academic. Trained as a lawyer, he drew upon an existing vocabulary of legal scholarship and adapted from it, more or less implicitly a large number of conceptual and methodological tools for his sociological projects. The goal of this paper is to identify and evaluate these complex links between Weberian sociology and contemporary legal scholarship, with special emphasis on Jhering's and Jellinek's theories. (This paper is a significantly revised Hungarian version of my 2005 English language essay on Weber.)