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Articles 1 - 30 of 1159
Full-Text Articles in Social and Behavioral Sciences
Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff
Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Faculty Scholarship
Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …
Competition For Innovation, Herbert J. Hovenkamp
Competition For Innovation, Herbert J. Hovenkamp
All Faculty Scholarship
Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The problems include high information costs and lack of sufficient knowledge, special interest capture, and the jury trial system, to name a few. More fundamentally, antitrust law and intellectual property law have looked at markets in very different ways. Further, over the last three decades antitrust law has undergone a reformation process that has made it extremely self conscious about its goals. While the need for such reform is at least as apparent in patent and copyright law, very little true reform has actually occurred.
Antitrust has …
Distributive Justice And Consumer Welfare In Antitrust, Herbert J. Hovenkamp
Distributive Justice And Consumer Welfare In Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
The dominant view of antitrust policy in the United States is that it is intended to promote some version of economic welfare. More specifically, antitrust promotes allocative efficiency by ensuring that markets are as competitive as they can practicably be, and that firms do not face unreasonable roadblocks to attaining productive efficiency, which refers to both cost minimization and innovation.
The distribution concern that has dominated debates over United States antitrust policy over the last several decades is whether antitrust should adopt a “consumer welfare” principle rather than a more general neoclassical “total welfare” principle. In The Antitrust Paradox Robert …
The Innovation Commons, Herbert J. Hovenkamp
The Innovation Commons, Herbert J. Hovenkamp
All Faculty Scholarship
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters …
Propiedad Y Organización Comunal En Las Comunidades Campesinas Del Perú. Un Análisis Crítico, Daniel Quiñonez
Propiedad Y Organización Comunal En Las Comunidades Campesinas Del Perú. Un Análisis Crítico, Daniel Quiñonez
Daniel Quiñonez Oré
El presente artículo analiza de manera crítica la regulación impuesta por el Estado Peruano con relación a la organización y propiedad comunal de las comunidades campesinas. Asimismo, se analiza el tratamiento que la antropología peruana le ha brindado a los derechos de propiedad y organización comunal de las comunidades campesinas en el Perú
Marihuana: Legalización Uruguaya, Fernando Carrión Mena Arq.
Marihuana: Legalización Uruguaya, Fernando Carrión Mena Arq.
Fernando Carrión Mena
Uruguay es un país pequeño con 3.3 millones habitantes distribuidos a lo largo de 176 mil kilómetros cuadrados, lo cual le convierte en el segundo país más diminuto de Sur América, después de Surinam. Es un país que está haciendo bien las cosas en su interior, tanto que se ha convertido en un referente mundial, por ejemplo, en el reconocimiento a los derechos civiles (matrimonio igualitario, derechos de género), en la calidad del Fútbol que tiene, en el respeto a la democracia, en la imagen austera que transmite su presidente y, ahora, en la regulación legal del canabis. Todo ello …
The Dividends Of Good Governance, Riccardo Pelizzo, Rick Stapenhurst
The Dividends Of Good Governance, Riccardo Pelizzo, Rick Stapenhurst
riccardo pelizzo
this analysis reveals that corruption is a luxury that developing countries cannot afford. countries with lower levels of corruption are all more developed, regardless of how development is measured
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
The Fordham Undergraduate Research Journal
This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …
Prayas: Social Work In Criminal Justice Prayas_1990@Rediffmail.Com, Prayas.Rnd@Gmail.Com, Professor Vibhuti Patel
Prayas: Social Work In Criminal Justice Prayas_1990@Rediffmail.Com, Prayas.Rnd@Gmail.Com, Professor Vibhuti Patel
Professor Vibhuti Patel
Prayas: Social Work in Criminal Justice prayas_1990@rediffmail.com, prayas.rnd@gmail.com About Prayas Prayas is a Field Action Project of the Centre for Criminology and Justice, School of Social Work at the Tata Institute of Social Sciences, initiated in 1990. It is a response to the needs of disadvantaged groups being processed by the Criminal Justice System (CJS). It aims at socio legal and economic rehabilitation of persons who are at a greater risk of being criminalised, vulnerable to being trafficked (for the purpose of commercial sexual exploitation), or destitution. Mission To contribute knowledge and insight to the current understanding of aspects of …
The United Nations And The Magna Carta For Children, Winston E. Langley
The United Nations And The Magna Carta For Children, Winston E. Langley
Winston E. Langley
The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …
The Fate Of Local Food Systems In The Global Industrialization Market: Food And Social Justice In The Rural South, Wylin D. Wilson, Reuben C. Warren, Stephen O. Sodeke, Norbert Wilson
The Fate Of Local Food Systems In The Global Industrialization Market: Food And Social Justice In The Rural South, Wylin D. Wilson, Reuben C. Warren, Stephen O. Sodeke, Norbert Wilson
Professional Agricultural Workers Journal
This paper investigates the connection between local food systems, health disparities, and social justice in the rural South. It begins with the relationship between food insecurity and health disparities that disproportionately affect racial and ethnic minority populations, and non-minority women and children. First, we discuss the concept of health disparities within the context of bioethics and public health ethics in order to explore the link between the food system and health as a social justice issue. Second, we define health disparities and discuss how they have historically plagued and disadvantaged racial minority populations. Third, we examine these disparities within the …
Plight Of Black Farmers In The Context Of Usda Farm Loan Programs: A Research Agenda For The Future, Shakara S. Tyler, Eddie A. Moore
Plight Of Black Farmers In The Context Of Usda Farm Loan Programs: A Research Agenda For The Future, Shakara S. Tyler, Eddie A. Moore
Professional Agricultural Workers Journal
Black farmers remain an underdeveloped topic in academic literature. This historical study used a historical research methodology to assess the plight of Black farmers in the context of United States Department of Agriculture (USDA) farm loan programs and offered an array of future research recommendations. We investigated the severity of the plight of Black farmers in the context of USDA farm loan programs with an emphasis on effective and responsive leadership in relation to four elements: 1) legislative initiatives, 2) policy initiatives, 3) USDA structure and delivery systems, and the 4) Pigford v. Glickman class action and consent decree. We …
Export Controls: A Contemporary History, Bert Chapman
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru
The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru
Master's Theses
Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …
The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner
The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner
Journal Articles
Deliberative democracy offers a distinctive and appealing conception of political life, but is it one that might be called into service to guide actual reform of existing election law? This possibility seems remote because election law and deliberative democracy are built around different priorities and theoretical premises. A foundational area of disagreement lies in the treatment of majorities. Election law is structured, at both the legislative and constitutional levels, so as to privilege majorities and systematically to magnify their power, whereas deliberative democracy aims at privileging minorities (or at least de-privileging majorities). The main purpose of the election law now …
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
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 …
The Evolution Of Statesmanship In The United States: How The Democratization Of Civic Education And Presidential Selection Transformed The American Executive, Andrew Depasquale
The Evolution Of Statesmanship In The United States: How The Democratization Of Civic Education And Presidential Selection Transformed The American Executive, Andrew Depasquale
Morehead State Theses and Dissertations
A thesis presented to the faculty of the College of Business and Public Affairs at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Arts in Government by Andrew DePasquale on December 6, 2013.
Loving: Who Can The Irs Regulate?, Robert D. Probasco
Loving: Who Can The Irs Regulate?, Robert D. Probasco
Robert Probasco
"Banana Republic" Honduras Open For Business After Tainted Election, Lauren Carasik
"Banana Republic" Honduras Open For Business After Tainted Election, Lauren Carasik
Media Presence
No abstract provided.
Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein
Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein
Peter R. Hoffman
No abstract provided.
Puntos De Contacto Entre La Economía Del Comportamiento Y El Derecho De La Propiedad Intelectual: Resultados De Algunas Investigaciones Iniciales, Maximiliano Marzetti
Puntos De Contacto Entre La Economía Del Comportamiento Y El Derecho De La Propiedad Intelectual: Resultados De Algunas Investigaciones Iniciales, Maximiliano Marzetti
Maximiliano Marzetti
En el presente artículo se describe una nueva escuela económica, la economía conductual y se analiza someramente su potencial aplicación al ámbito del derecho de la propiedad intelectual. A modo ejemplificativo, se reseñan investigaciones de economía conductual que han estudiado la efectividad de los incentivos externos sobre las actividades creativas e innovadoras, el efecto rebote de las acciones civiles contra usuarios que descargan ilegalmente de Internet contenidos protegidos por el derecho de autor y el efecto creatividad que puede distorsionar el funcionamiento de mercado de propiedad intelectual para obras creativas. Finalmente, se destaca el rol de la evidencia empírica para …
El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes
El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes
Teresa M. G. Da Cunha Lopes
A Normative Analysis Of Gambling Tax Policy, Kahlil S. Philander
A Normative Analysis Of Gambling Tax Policy, Kahlil S. Philander
UNLV Gaming Research & Review Journal
This article surveys the application of normative tax theory to gambling tax policy. The analysis suggests that fixed license based taxes may be preferable to taxes on gross gaming revenue. Where output based taxes are used, the types of gambling whose demand is more price sensitive, and the types that have positive links to other industries, should be taxed at comparatively lower rates. Sin-based taxes are noted to increase economic welfare, but only when applied with a rate commensurate to harm that is external to the gambler and the operator. Finally, inter-jurisdictional competition is identified as an important consideration in …
African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple
African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple
Doctoral Dissertations
Many traditional historical texts of the United States are missing the voiced presence of African Americans. Existing historical texts concerning desegregation in the South, and particularly in Tennessee, are missing African Americans’ experienced perspectives during racial desegregation in Oak Ridge, Tennessee. The intention of this dissertation is to use oral history as a methodology to document the memories of seven African Americans who participated in the racial desegregation of Oak Ridge, Tennessee public schools. Critical race theory is the interpretive lens used to analyze the interviews. The oral historical accounts contained in this study suggest African Americans have a unique …
Limpopo River Basin Monograph, Sergio Sitoe, Peter Qwist-Hoffman
Limpopo River Basin Monograph, Sergio Sitoe, Peter Qwist-Hoffman
Policy
The purpose of the Limpopo River Basin Monograph Study (LRBMS) is to compile essential baseline information on the Limpopo River Basin. This is required for the preparation of alternative development scenarios and an Integrated Water Resources Management Strategy and Plan (IWRM Strategy and Plan) for the sustainable management of the Basin. Six themes were agreed for the structure of the monograph and each is described below: Basin Characteristics Socio-economy River Basin Ecosystem Water Resources Water Governance LIMIS There are two main elements of the monograph that are the core outputs of the study, and they bring together the information from …
The Indiana University Maurer School Of Law Digital Repository: A Snapshot Of The First Two Years (2011/12 & 2012/13), Richard Vaughan
The Indiana University Maurer School Of Law Digital Repository: A Snapshot Of The First Two Years (2011/12 & 2012/13), Richard Vaughan
Digital Repository Annual Reports
A snapshot of the first two years of the Indiana University Maurer School of Law Library Digital Repository. Highlights include lists of the most downloaded documents and a complete statistical analysis of all uploads and downloads. To be published on an annual basis in the future.
The Singapore Constitution: A Brief Introduction, Smu Apolitical
The Singapore Constitution: A Brief Introduction, Smu Apolitical
Student Publications
This primer seeks to provide an easy guide to those interested in finding out more about the Singapore Constitution. The Constitution provides for the structure of the government and the roles of the judiciary and the parliament. It also secures our fundamental liberties. Hence, some basic knowledge of the Constitution is useful for every citizen.
The primer starts by providing an introduction to the Singapore Constitution and explains the meaning of the concept of separation of powers among the executive, legislature and the judiciary. It also touches on the functions of the three entities, such as how laws are made …
Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh
Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh
Research Collection Yong Pung How School Of Law
In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various conceptual …
Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong
Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Court of Appeal affirmed the High Court’s ruling that the applicant had no locus standito challenge the compatibility of a loan made by the Government to the InternationalMonetary Fund with Art 144(1) of the Constitution. On the interpretation of Art 144(1), therewas no prima facie case of reasonable suspicion that such incompatibility existed. Moreover,the applicant did not have sufficient interest in the matter.