Social and Behavioral Sciences Commons^™

Texts, Lies, And Changed Positions, Judith D. Fischer

Judith D. Fischer

This review of Judge Richard Posner's Little Book of Plagiarism concludes that the book adds to the discussion of plagiarism by noting the topic’s gray areas and proposing criteria for identifying plagiarism. Posner states that plagiarism occurs when a writer who copies another's language or ideas both conceals the copying and induces readers' reliance. By discussing plagiarism in different settings, including novels, court opinions, professors' work, and student work, the book shows why analysis of the offense and its consequences must be nuanced. Professors should be warned that in places Posner seems to minimize the gravity of student copying, especially …

Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This thought experiment examines whether transitional justice has a place in the Israeli-Palestinian post-conflict and, at the same time, what attempting to fit the Israeli-Palestinian conflict into the transitional paradigm can teach us about the limits and possibilities of the transitional justice paradigm. In particular, the Israeli-Palestinian context presents challenging issues regarding the large beneficiary and collaborator classes in both societies. The article concludes by observing that history has proven truth commissions not to be panaceas, but that they offer a limited, inherent “procedural value” to post-conflict societies by instantiating new political dynamics between former political enemies.

Google's Law, Greg Lastowka

Greg Lastowka

Google has become, for the majority of Americans, the index of choice for online information. Through dynamically generated results pages keyed to a near-infinite variety of search terms, Google steers our thoughts and our learning online. It tells us what words mean, what things look like, where to buy things, and who and what is most important to us. Google’s control over “results” constitutes an awesome ability to set the course of human knowledge. As this paper will explain, fortunes are won and lost based on Google’s results pages, including the fortunes of Google itself. Because Google’s results are so …

Efigie De Luigi Corsaro, Leysser L. Leon

Leysser L. León

Ha fallecido en Perugia, a los 72 años, el Prof. Luigi Corsaro (1940-2012), que auspició y dirigió mis investigaciones jurídicas e interdisciplinarias por seis años (2000-2005). En el 2007, a pedido de una revista dirigida y editada por varios de mis alumnos más destacados, escribí estas páginas evocativas de sus enseñanzas y de su papel en mi formación académica. Las vuelvo a publicar, por este medio, confiando en que pueda difundirse entre el mayor público posible (especialmente entre los jóvenes estudiantes) la imagen de un jurista, de un Maestro cuyas lecciones universitarias y de vida me acompañarán por siempre.

From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell

Liz Campbell

At all stages of the Irish criminal process, from pretrial detention and investigation, through the courthearing and at sentencing, a shift in focus from the due process rights of the accused towards the crime control aims of the State is apparent. Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards.

Disposiciones Frente A La Filosofía Del Derecho, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.

Reseña A "Derechos Humanos Como Límite A La Democracia", Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.

Reseña A "Filosofía De La Democracia", Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.

A Primer On Network Neutrality, Rob M. Frieden

Rob Frieden

This paper will explain the different conceptualizations of network neutrality and why a debate has arisen about whether governments need to establish rules mandating nondiscrimination. The paper will identify what types of price and quality of service discrimination represent legitimate efforts to diversify Internet-mediated services and to satisfy increasingly diverse requirements of content providers and consumers. The paper concludes that while many concerns about network neutrality overstate the potential for harm, ISPs should offer non-neutral services in a fully transparent manner so that regulators can distinguish between actual and induced network congestion as well as other potential harm to content …

Network Neutrality And Its Potential Impact On Next Generation Networks , Rob M. Frieden

Rob Frieden

This paper will examine the network neutrality debate with an eye toward assessing how the Internet will evolve as a major platform for content access and distribution. The paper accepts as necessary and proper many types of price and quality of service discrimination, but also identifies other types of potentially hidden and harmful discrimination. The paper concludes with an identification of best practices in “good” discrimination that should satisfy most network neutrality goals without creating disincentives that might dissuade ISPs from building the infrastructure needed distribution of high bandwidth consuming content such as full motion video.

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid Griffith Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …

Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer

Nancy J. Knauer

The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and, ultimately, a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the gender …

Calling For Stories, Nancy Levit, Allen Rostron

Nancy Levit

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …

Paternalist Slopes, Glen Whitman, Mario J. Rizzo

Mario Rizzo

A growing literature in law and public policy harnesses research in behavioral economics to justify a new form of paternalism. Contributors to this literature typically emphasize the modest, non-intrusive character of their proposals. A distinct literature in law and public policy analyzes the validity of “slippery slope” arguments. Contributors to this literature have identified various mechanisms and processes by which slippery slopes operate, as well as the circumstances in which the threat of such slopes is greatest. The present article sits at the nexus of the new paternalist literature and the slippery slopes literature. We argue that the new paternalism …

Comparative Election Administration: Can We Learn Anything From The Australian Electoral Commission?, Kenneth R. Mayer

Kenneth R Mayer

No abstract provided.

Healthy Competition: What’S Holding Back Health Care And How To Free It, Michael F. Cannon

Michael F. Cannon

No abstract provided.

Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms

Fiona David

In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international …

Rethink The "War On Drugs", John J. Donohue

John Donohue

Crime is an issue that often seeps into Presidential elections in one form or another. Indeed, the Bush Administration has rolled back or undermined the two primary crime‐fighting initiatives of the Clinton Administration by allowing the 1994 federal ban on assault weapons to lapse, and by eliminating Clinton’s COPS program, which put tens of thousands of new police on the streets of American cities. Gun control is largely a dead letter, since the NRA has shown that it has the power to keep any type of gun in the hands of anyone who wants them, as well as the power …

Usa Patriot Act: The Impact Of Usa Patriot Act On American Society: An Evidence Based Assessment, Kam C. Wong

Kam C. Wong

No abstract provided.

Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen

Kong-Pin Chen

This article theoretically compares the British and American fee-shifting rules in their influences on the behavior of the litigants and the outcomes of litigation. We build up a comprehensive litigation model with asymmetric information and agency costs, which makes it possible to make comparison on a broad arrays of issues in a single unified framework. We then solve for the equilibria under both American and British rules, and thereby compare their equilibrium settlement amounts and rates, expenditures incurred in trials, as well as the plaintiff’s chances of winning and incentive to sue. The theoretical results are broadly consistent with existing …

Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin

David M. Smolin

This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.

Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding

Erik F. Gerding

This article analyzes the effectiveness of proposed and actual securities, financial, and tax laws designed to prevent, or dampen the severity of asset price bubbles, including laws designed to mitigate "excessive" speculation. The article employs experimental asset market research to measure the effectiveness of these "anti-bubble laws" in correcting mispricings. Experimental asset markets represent complex simulations of stock markets in which subjects trade securities over a computer network. These markets allow scholars to test causal links between legal policies and market effects in ways that empirical research alone cannot. With these virtual markets, researchers can identify asset price bubbles - …

Applying The Restorative Justice Model To Medical Malpractice, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

Disseminando O Direito Urbanístico Através Do Ensino A Distância Virtual: A Proposta Da Puc Minas Virtual E Curso Virtual De Regularização Fundiária De Assentamentos Informais Urbanos, Rafael De Oliveira Alves, Edésio Fernandes, Helena Dolabela Pereira

Rafael de Oliveira Alves

No abstract provided.

Expanding The Gap: How The Rural Property System Exacerbates China's Urban-Rural Gap, Benjamin James

Benjamin James

This paper asserts that one of the main reasons the wealth gap between China’s peasants and city-dwellers persists and continues to widen is China’s system of property laws, especially those that specifically govern rural real estate. The principal problem with the current rural property system is that it is a hybrid system – a mix of China’s socialist past with significant changes toward a market-based future. This system marginalizes China’s farmers by creating insecurities in their legal rights to operate rural land and by systematically undervaluing that land. As a result, Chinese peasants are deprived of both the protections and …

Broadband Deployment To Rural America: The Foundation Of American Innovation In The Digital Age, Don E. Reeve

Don E Reeve Jr.

This note is a focused discussion of the importance of rural broadband inclusion in the scheme of national broadband deployment through an examination of Presidential Candidate Senator Hillary Clinton’s proposed broadband policies. With the rise of the global digital marketplace, the significance of broadband deployment to underserved communities not only rest on the benefits that broadband service provides but also on the potential damage non-inclusion can cause to our nation’s economic and institutional stability. This truth is the catalyst behind the prominence of broadband, and in particular rural broadband inclusion, in the current presidential campaigns. Accordingly, this note examines the …

Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle

Eric A. Engle

Greenmail denotes the decision by a corporation's board of directors to repurchase its shares that are held by a corporate raider, often at a significant premium, thereby keeping the board of directors in office. It may represent a conflict of interest between the corporation's shareholders and the board of directors. While greenmail is legal, 50% of greenmail gains are subject to taxation. This Article argues that greenmail has a healthy role in a competitive market economy.