Social and Behavioral Sciences Commons^™

Between The Scylla Of Legal Formalism And The Charybdis Of Policy Conceptualism: Yale's Policy Science And International Law, Hengameh Saberi

Hengameh Saberi

An invisible but enduring legacy of the New Haven School, understood through this paper’s counter-narrative, is a new vista through which to caution against the pitfalls of policy reasoning and to demand its promises. International legal theory has a relatively clear sense about abuse of deduction when found in legal interpretation, but it has little to say about similar defects in policy reasoning. Equally undertheorized are our ideas about the very concept of policy and its place in international legal argumentation. Pursued policy objectives might be principled or flexible and their application flexible or principled. So a combination of principled …

An Essay On Private Remedies, Emily Sherwin

Emily L Sherwin

No abstract provided.

Legal Rules And Social Reform, Emily Sherwin

Emily L Sherwin

No abstract provided.

Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel

Jessica Gabel Cino

No abstract provided.

Table Annexed To Article: Machine-Readable Text Of The Federalist Essays, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents readers with its source files, that is, the text which it employed in scored word counts, frequencies and VerbumForte scores. The table annexed includes the machine-readable text of all eighty-five Federalist essays. Because many on-line versions are broken into segments which render searches (virtually) impractical.

The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate

Manoj S. Mate

Wer Kann Sie Erraten?, Michael Friedewald, Dara Hallinan, Philip Schütz, Paul De Hert

Michael Friedewald

No abstract provided.

Quantitative Evaluation On Indigent Criminal Defense Funding, Ralph E. Mckinney, Lawrence P. Shao

Ralph E. McKinney

This article takes a quantitative approach to build upon McKinney and Shao's (2008) qualitative contribution concerning resource a/location of indigent criminal defense programs. By compating public funds of multiple societies over time, we are able to add important knowledge surrounding property rights valuations using a new concept called GDP Indexed Purchasing Power Parity. The findings of this study show that GDP-PPP provides for better indigent criminal defense analysis than per capita figures.

Indigent Criminal Defense: Qualitative Review On Economic Value, Ralph Mckinney, Lawrence P. Shao

Ralph E. McKinney

This article reviews indigent criminal defense programs on an international level and generally concludes that societies want to protect legitimate society members', within the respective society's jurisdiction, fundamental property rights concerning criminal prosecution. While this conclusion was as the researchers expected, several unexpected and contrary observations were noted. Society wealth and a greater return on investments of public funds can dramatically shift a society's value of basic shared rights.

Interracial Violence, Minority Threat And Police Use Of Lethal Force: A Panel Analysis Of U.S. Cities From 1980 To 2000., Stephanie L. Kent, David Jacobs

Stephanie Kent

In sum, the evidence suggests that unnecessary police killings decrease after departments institute increased restrictions yet the likelihood of increases in restrictions is based on demands from the most politically powerful segments of society. In order to test whether changes in police killings are determined in part through the differences in 2 political power based on the superimposition of race and class, political explanations at the city level should be considered. A review of previous studies suggests that there are two broad city level explanations that influence the likelihood that police will use deadly force against citizens: the political or …

Minority Threat And Police Strength From 1980 To 2000: A Fixed-Effects Analysis Of Nonlinear And Interactive Effects In Large U.S. Cities, Stephanie L. Kent, David Jacobs

Stephanie Kent

Many studies have assessed threat theory by investigating the relationships between the size of minority populations and police strength. Yet these investigations analyzed older data with cross-sectional designs. This study uses a fixed-effects panel design to detect nonlinear and interactive relationships between minority presence and the per capita number of police in large U.S. cities in the last three census years. The findings show that the relationship between racial threat and the population-corrected number of police officers has recently become considerably stronger. In accord with theoretically based expectations, tests for interactions show that segregated cities with larger African American populations …

Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen

Rona Kaufman Kitchen

Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental rights, …

Migrant Smuggling, Anne T. Gallagher Ao

Anne T Gallagher

Legal Issues: Security And Privacy With Mobile Devices, Brian Leonard, Maurice Dawson

Maurice Dawson

Privacy and security are two items being woven into the fabric of American law concerning mobile devices. This chapter will review and analyze the associated laws and policies that are currently in place or have been proposed to ensure proper execution of security measures for mobile and other devices while still protecting individual privacy. This chapter will address the fact that as the American society significantly uses mobile devices, it is imperative to understand the legal actions surrounding these technologies to include their associated uses. This chapter will also address the fact that with 9/11 in the not so distant …

Analyzing For-Profit Colleges And Universities That Offer Bachelors, Masters And Doctorates To Inmates Incarcerated In American Correctional Facilities, Jeffrey Ian Ross Ph.D., Richard Tewksbury, Miguel Zaldivar

Jeffrey Ian Ross Ph.D.

No abstract provided.

Varieties Of Prison Voyeurism, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

Comparing The Recruitment Of Ethnic And Racial Minorities In Police Departments In England And Wales With The Usa, Jeffrey Ian Ross Ph.D., Mike Rowe Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

The State Response To Occupy: Surveillance And Suppression, Ivan Greenberg

Ivan Greenberg

No abstract provided.

Wildspace: The Cage, The Supermax, And The Zoo, Karen M. Morin

Karen M. Morin

No abstract provided.

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan