Social and Behavioral Sciences Commons^™

The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents; they do this by approving (or not disapproving) official action (in the recent past); in turn, these officials look back to official action taken at time/s more or less remote from the present for their precedents.

Why Was The Democratic Transition In South Africa Viable, Daniel L. Rubinfeld, Robert P. Inman

Daniel L. Rubinfeld

No abstract provided.

Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Machine-readable text of the eighty-five Federalist Papers is provided

The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan

Lauren Edelman

No abstract provided.

Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman

Jeremy de Beer

This chapter reviews conceptual frameworks to understand and measure innovation, and then outlines links between innovation and the concepts of entrepreneurship, the informal economy (IE) and intellectual property (IP). The review suggests that the time is ripe for African policy-makers to seek more holistic approaches to facilitating innovation and, in turn, to fostering socio-economic development in African nations.

Suburban Sprawl: Weaker But Still Alive, Michael Lewyn

Michael E Lewyn

Review of The End of the Suburbs, by Leigh Gallagher.

The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal Gal, Daniel Rubinfeld

Michal Gal

Today a growing number of goods and services are provided in the marketplace free of charge; indeed, free or the appearance of free, have become part of our ecosystem. More often than not, free goods and services provide real benefits to consumers and are clearly pro-competitive. Yet free goods may also create significant costs. We show that despite the fact that the consumer does not pay a direct price, there are indirect prices that reflect the opportunity cost associated with the consumption of free goods. These indirect costs can be overt or covert, in the same market in which the …

L'Évaluation Du Risque De Récidive : L’Expert, Le Politique Et La Production Du Chiffre, Sacha Raoult

Sacha Raoult

Cet article soulèves trois remarques sur la litérature scientifique relative au risque de récidive. La première remarque concerne la tendance de certains spécialistes à minimiser les difficultés fondamentales liées à la recherche empirique dans le domaine de la récidive. La seconde consiste a montrer que contrairement à d'autres champs, les chercheurs qui interprêtent les résultats des suivis de cohorte sur le risque de récidive ont souvent tendance à voir le verre à moitié plein. Enfin, j’aimerais montrer que la tâche confiée aux scientifiques dans le contexte actuel revient au final à déléguer à des techniciens des questions éthiques dont ne …

Leyes De Quórum Calificado Y Debate Constituyente, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

No abstract provided.

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

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

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

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

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

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

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

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

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

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

Thomas D. Lyon

No abstract provided.

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

Sarah Marusek, Ph.D

No abstract provided.

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

Joy Milligan

No abstract provided.

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

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

Sarah Marusek, Ph.D

No abstract provided.

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

Catherine R. Albiston

No abstract provided.

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan