Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (40)
- Northwestern Pritzker School of Law (33)
- University of Pennsylvania Carey Law School (20)
- University of San Diego (18)
- University of New Hampshire (14)
-
- American University in Cairo (11)
- Selected Works (7)
- Brigham Young University Law School (6)
- SelectedWorks (6)
- Singapore Management University (6)
- William & Mary Law School (6)
- Maurer School of Law: Indiana University (5)
- Cleveland State University (4)
- The University of Maine (4)
- University of Richmond (4)
- Chicago-Kent College of Law (3)
- College of Saint Benedict and Saint John's University (3)
- Georgetown University Law Center (3)
- Santa Clara University (3)
- Boston University School of Law (2)
- UC Law SF (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Massachusetts Boston (2)
- University of North Dakota (2)
- Western Kentucky University (2)
- William & Mary (2)
- Air Force Institute of Technology (1)
- California State University, San Bernardino (1)
- City University of New York (CUNY) (1)
- Clemson University (1)
- Keyword
-
- United States (20)
- Human rights (11)
- Arab world (10)
- Civil society (10)
- Egypt (10)
-
- Freedom (10)
- Middle East (10)
- Policy (10)
- USA (10)
- Violations (10)
- Fifth Amendment (9)
- Supreme Court (9)
- California (8)
- Endangered Species Act (8)
- Forest Service (7)
- Title VII (7)
- Economics (6)
- Legislation (6)
- RISK (6)
- UNH Law (6)
- Bureau of Land Management (5)
- ESA (5)
- Women (5)
- Civil rights (4)
- Compensation (4)
- Contents (4)
- Department of the Interior (4)
- Discrimination (4)
- Franklin Pierce Law Center (4)
- Lobbying (4)
- Publication
-
- Journal of Criminal Law and Criminology (33)
- All Faculty Scholarship (23)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (19)
- San Diego Law Review (18)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (16)
-
- RISK: Health, Safety & Environment (1990-2002) (14)
- Faculty Book Chapters (11)
- Faculty Publications (8)
- Articles by Maurer Faculty (4)
- Faculty Scholarship (4)
- Jepson School of Leadership Studies articles, book chapters and other publications (4)
- Maine Women's Publications - All (4)
- Research Collection Yong Pung How School Of Law (4)
- Brigham Young University Journal of Public Law (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (3)
- Ron D. Katznelson (3)
- Santa Clara Magazine (3)
- Alec Stone Sweet (2)
- Brigham Young University Education and Law Journal (2)
- Dissertations, Theses, and Masters Projects (2)
- Honors Theses, 1963-2015 (2)
- Law Faculty Articles and Essays (2)
- Maryland Series in Contemporary Asian Studies (2)
- Scholarship Chronologically (2)
- US Government Documents related to Indigenous Nations (2)
- WKU Archives Records (2)
- All other publications (1)
- Archbishop Desmond Tutu Collection Textual (1)
- Articles (1)
- Publication Type
Articles 181 - 210 of 229
Full-Text Articles in Social and Behavioral Sciences
How Reasonable Is The Reasonable Man: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith
How Reasonable Is The Reasonable Man: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith
Journal of Criminal Law and Criminology
No abstract provided.
Relationship Investing: Will It Happen? Will It Work?, Jill E. Fisch
Relationship Investing: Will It Happen? Will It Work?, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Faculty Scholarship
No abstract provided.
Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins
Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of …
California Conservatorships: An Examination Into Ethics, Standards, And Judical Monitoring, Lucille Castillo Lyon
California Conservatorships: An Examination Into Ethics, Standards, And Judical Monitoring, Lucille Castillo Lyon
Theses Digitization Project
No abstract provided.
Why Pro Bono In Law Schools, Howard Lesnick
Why Pro Bono In Law Schools, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh
The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh
Research Collection School Of Economics
The UNCTAD Code of conduct for Liner Conferences entered into force in 1983. The Code's cargo allocation scheme or '40-40-20 rule' aims to provide shipping lines of developing countries with a fair change to compete for the carriage of their seabourne trade. However, the Code has not been effective in meeting its stated objectives for a variety of reasons. Amongst the administrative difficulties are (i) the complications introduced by the EEC's Brussels Package, (ii) the definition of national lines, (iii) the unit of measurement for cargo allocation purposes, and (iv) the monitoring of cargo movements. The tremendous growth in non-conference …
Strengthening The Toy Handcuff: The Future Of The War Powers Resolution, Ernest Shriver
Strengthening The Toy Handcuff: The Future Of The War Powers Resolution, Ernest Shriver
Honors Theses, 1963-2015
The Constitution clearly defines the powers that Congress and the President are to share concerning war-making. The President is the Commander-in-Chief of the Armed Forces, while the Congress has the power to declare war and raise and support the army and the navy. The President has gradually encroached on Congress' power, however, to the point where war is declared de facto by the President. The War Powers Resolution was passed by Congress in 1973 to attempt to rectify this imbalance. Due to flaws in the Resolution, however, Congress has been unable to force the President¹s compliance and the federal courts …
Against Marriage, Steven K. Homer
Against Marriage, Steven K. Homer
Faculty Scholarship
What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Fourteenth Amendment--The Standard Of Mental Competency To Waive Constitutional Rights Versus The Competency Standard To Stand Trial, Brian R. Boch
Fourteenth Amendment--The Standard Of Mental Competency To Waive Constitutional Rights Versus The Competency Standard To Stand Trial, Brian R. Boch
Journal of Criminal Law and Criminology
No abstract provided.
Habeas Corpus--Fifth Amendment--The Supreme Court's Cost-Benefit Analysis Of Federal Habeas Review Of Alleged Miranda Violations, Anthony P. Bigornia
Habeas Corpus--Fifth Amendment--The Supreme Court's Cost-Benefit Analysis Of Federal Habeas Review Of Alleged Miranda Violations, Anthony P. Bigornia
Journal of Criminal Law and Criminology
No abstract provided.
18 U.S.C. 924(C)(1)--The Court's Construction Of Use And Second Or Subsequent Conviction, George P. Apostolides
18 U.S.C. 924(C)(1)--The Court's Construction Of Use And Second Or Subsequent Conviction, George P. Apostolides
Journal of Criminal Law and Criminology
No abstract provided.
Plain Error Rule--Clarifying Plain Error Analysis Under Rule 52(B) Of The Federal Rules Of Criminal Procedure, Jeffrey L. Lowry
Plain Error Rule--Clarifying Plain Error Analysis Under Rule 52(B) Of The Federal Rules Of Criminal Procedure, Jeffrey L. Lowry
Journal of Criminal Law and Criminology
No abstract provided.
The Role Of Gender In A Structured Sentencing System: Equal Treatment, Policy Choices, And The Sentencing Of Female Offenders Under The United States Sentencing Guidelines, Ilene H. Nagel, Barry L. Johnson
The Role Of Gender In A Structured Sentencing System: Equal Treatment, Policy Choices, And The Sentencing Of Female Offenders Under The United States Sentencing Guidelines, Ilene H. Nagel, Barry L. Johnson
Journal of Criminal Law and Criminology
No abstract provided.
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Journal of Criminal Law and Criminology
No abstract provided.
Is Gender Subordinate To Class--An Empirical Assessment Of Colvin And Pauly's Structural Marxist Theory Of Delinquency, Sally S. Simpson, Lori Elis
Is Gender Subordinate To Class--An Empirical Assessment Of Colvin And Pauly's Structural Marxist Theory Of Delinquency, Sally S. Simpson, Lori Elis
Journal of Criminal Law and Criminology
No abstract provided.
The Future Of Communications Policymaking, Fred H. Cate
The Future Of Communications Policymaking, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate
The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
...And Contractual Consent, Randy E. Barnett
...And Contractual Consent, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In Part I, the author contends that when economists persistently ignore the importance of contractual consent, they are missing the crucial problem of legitimacy. In Parts II and IV, he responds to the criticisms of his consent theory of contract advanced by Jay Feinman and Dennis Patterson. Both Feinman and Patterson object to the enterprise in which the author and others are engaging, and he explains why each is wrong to dismiss the current debate over default rules. Finally, in contrast, in Part III the author shows how Steven Burton's theory of default rules, which he finds most congenial, is …
Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin
Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The author first analyzes why the prevention of illness and promotion of health provide the leading justification for the government to act for the welfare of the population. His analysis focuses principally on the foundational importance of health for human happiness, the exercise of rights and privileges, and the formation of family and social relationships. He explains why health care, although critically important; is not the only, nor even the most important, determinant of health. Most morbidity and mortality in the United States is attributable to environmental conditions, pathogens, and human behavior, which are all more responsive to population-based interventions …
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
All Faculty Scholarship
America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Are Criminal Codes Irrelevant?, Paul H. Robinson
Are Criminal Codes Irrelevant?, Paul H. Robinson
All Faculty Scholarship
After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …
A Functional Analysis Of Criminal Law, Paul H. Robinson
A Functional Analysis Of Criminal Law, Paul H. Robinson
All Faculty Scholarship
The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …
Courts Take Close Look At Adult Use Regs, Alan C. Weinstein
Courts Take Close Look At Adult Use Regs, Alan C. Weinstein
Law Faculty Articles and Essays
Regulations imposed on "adult businesses" by state or local government raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to sexually oriented media. This article provides an update on recent adult business cases dealing with locational restrictions, public indecency laws, licensing requirements, and public health regulations.
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
All Faculty Scholarship
What is the role of the occurrence of harm or evil in criminal law? What should it be? Answers to these questions commonly use the distinction between what is called an objective and a subjective view of criminality. To oversimplify, the objective view maintains that the occurrence of the harm or evil defined by the offense is highly relevant. The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. The labels tend to overstate a rather subtle distinction. The objectivist or harmful …
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
All Faculty Scholarship
No abstract provided.
The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas
The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas
All Faculty Scholarship
No abstract provided.