Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons™

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

SelectedWorks

2013

Articles 1 - 30 of 40

Full-Text Articles in Social and Behavioral Sciences

Good Practices In Standard Setting For Domestic Worker Contracts, Piyasiri Wickramasekara Dec 2013

Good Practices In Standard Setting For Domestic Worker Contracts, Piyasiri Wickramasekara

PIYASIRI WICKRAMASEKARA

The presentation discusses international good practices in model or standard employment contracts in protection of migrant domestic workers. International instruments negotiated by ILO and UN constituents are the best sources of good practices. It outlines the provisions in international instruments, particularly the ILO Convention on Domestic Workers, 2011 (No. 189). The author maintains that for maximum effectiveness, the model/standard contracts should be mutually recognized by countries of origin and destination, and duly enforced to ensure compliance by employers, and supplemented by other measures. The author concludes that there is a large unfinished agenda in ensuring decent work for domestic workers.

Go to article

Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner Nov 2013

Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.

Go to article

Strategic Default In Joint Liability Groups: Evidence From A Natural Experiment In India, Xavier Gine, Karuna Krishnaswamy, Alejandro Ponce Nov 2013

Strategic Default In Joint Liability Groups: Evidence From A Natural Experiment In India, Xavier Gine, Karuna Krishnaswamy, Alejandro Ponce

Alejandro Ponce

Despite the high repayment rates claimed by microcredit programs around the world, some groups of borrowers eventually default and are subsequently disbanded. Exposure to common shocks and strategic default are reasons for the deterioration in group repayment but identification of the precise mechanism is difficult. In this paper we exploit an announcement issued by the Anjuman Committee of a town in southern India banning all Muslims from repaying their microfinance loans. Using administrative data we find that borrowers in Muslim-dominated groups have higher default rates after the announcement compared to the same borrowers with loans in Hindu-dominated groups. We conclude …

Go to article

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner Oct 2013

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.

Go to article

A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner Oct 2013

A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.

Go to article

Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner Sep 2013

Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner

Peter J. Aschenbrenner

The traditional citation format for reference to specific passages in the federal constitution does not account for the order in which text was added, changed or deleted; a new citation format is proposed, called ‘Constitutional Text Units’; Madison’s June, 1789 suggestion for maintaining a coherent presentation is explained and defended.

Go to article

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz Aug 2013

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

Go to article

La Objeción Democrática A Los Límites Materiales De La Reforma Constitucional, Sergio Verdugo Sverdugor@Udd.Cl Jul 2013

La Objeción Democrática A Los Límites Materiales De La Reforma Constitucional, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

En este ensayo el autor argumenta que las teorías de algunos constitucionalistas chilenos que justifican la imposibilidad de modificar la Constitución de acuerdo a límites materiales derivados especialmente del Derecho (y jurisprudencia) Internacional, es contraria a la libre deliberación que debiera existir en nuestra democracia constitucional.

Go to article

An Exploratory Study Of Investment Compliance Management In The Enron Collapse, Valencia Tamir Johnson Dr. Jun 2013

An Exploratory Study Of Investment Compliance Management In The Enron Collapse, Valencia Tamir Johnson Dr.

Valencia T Johnson

This paper is to critique a thesis titled An Exploratory Study of Investment Compliance Management in the Enron Collapse (2013). This thesis can be found on the IBLS database, and on the Thomas Jefferson School of Law record database. This paper mentions the Enron scandal that played a major role in shaking investors’ and stakeholders’ confidence, in part because the corporation’s administrators were able to conceal its losses for nearly five years. This thesis examines the history of Enron and describes the circumstances leading up to its collapse in 2001, paying particular attention to the violation of corporate governance laws …

Go to article

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz Jun 2013

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …

Go to article

Reforming The Judiciary By Election: Assessing The Role Of Candidate Demographics In Bolivia’S 2011 Judicial Elections, Miguel Centellas, Laura Suaznabar Jun 2013

Reforming The Judiciary By Election: Assessing The Role Of Candidate Demographics In Bolivia’S 2011 Judicial Elections, Miguel Centellas, Laura Suaznabar

Miguel Centellas

Since 2005 election of Evo Morales, Bolivia has been undergoing an unprecedented process of reforms aimed at increasing citizens’ direct access to political power. Among the reforms is the 2011 direct election of high court justices—a first among contemporary democracies. This paper analyzes the results of that unique election. Unlike partisan elections, candidates (who were pre-selected by the legislature) were not allowed to campaign and media coverage of candidates was highly restricted. Instead, the country’s electoral organ was charged with disseminating information about the candidates as part of its mission to educate voters about the judicial elections. Lower-than-average voter turnout …

Go to article

Diplomatic Management Of International Human Resources, Gary S. Sander May 2013

Diplomatic Management Of International Human Resources, Gary S. Sander

Gary S Sander

When we look up the term’s history of the management of Human resources we can say that it comes of the Concept of the Personnel Management. Though the concept of the Personnel Management resulted from the scientific discussions of the managerial theories that revealed after the World War II the concept actually based on the ancient period of time. Scientific Management thought, Developing the Welfare Work Action and Industrial Psychology started from 19. Century played a great roll for the Human Resources Management to improve. In compliance with the scientific management approach the productivity had been tried to increase by …

Go to article

Genetic Data And The Data Protection Regulation: A Good Start, But Prob-Lems Remain, Dara Hallinan, Michael Friedewald, Paul De Hert May 2013

Genetic Data And The Data Protection Regulation: A Good Start, But Prob-Lems Remain, Dara Hallinan, Michael Friedewald, Paul De Hert

Michael Friedewald

Genes are the recipe, which is followed to create each person. Genetic data is data which refers to these genes. As genetic data is a representation of the biological architecture of the individual, it has been seen to have a number of unique features. Data protection law deals with the processing of ‘personal data’ and is a key area of law in the regulation of the use of genetic data. It is currently elaborated at European level by Directive 95/46. Owing to the unique qualities of genetic data, there have been numer-ous criticisms of the Directive’s suitability to achieve its …

Go to article

Do We Have An Itar Problem: A Review Of The Implications Of Itar And Title Vii On Small Satellite Programs, Jeremy Straub, Joe Vacek Apr 2013

Do We Have An Itar Problem: A Review Of The Implications Of Itar And Title Vii On Small Satellite Programs, Jeremy Straub, Joe Vacek

Jeremy Straub

The small satellite space certainly falls within the realm of ITAR considerations. Some programs operate under the (perhaps mistaken) belief that ITAR doesn’t apply to them (or that they will never be caught). Others may assert that they are working under the basic research exemption. Still others have implemented ITAR information and facility access controls. At best, ITAR introduces a level of uncertainty regarding small satellite programs; at worst, it may be a predator lurking in the proverbial ‘tall grass’ waiting to pounce. This paper reviews the current state of ITAR legislation (including efforts to reform and revise the law) …

Go to article

Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner Apr 2013

Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.

Go to article

Table Annexed To Article:The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner Mar 2013

Table Annexed To Article:The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner

Peter J. Aschenbrenner

The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveal our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers.

Go to article

The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner Mar 2013

The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner

Peter J. Aschenbrenner

The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveal our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers.

Go to article

Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner Mar 2013

Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the semantic values of ‘necessary’ are separated into two groups, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined. Like ‘constitution,’ ‘necessary’ also offers competing values at the quantum level of analysis. Three different values are discoverable.

Go to article

Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner Mar 2013

Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the reader’s attention is directed to ‘exigencies’ through quotations drawn from the The Federalist Papers (the focus being on the works of Alexander Hamilton and James Madison). This article then explores their semantic contest in the bank bill debate; finally, given Hamilton’s death in 1804, Madison’s works (from 1817-1836) are examined and quotations drawn from that material.

Go to article

Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner Mar 2013

Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner

Peter J. Aschenbrenner

In this third of three articles, frequencies by Madison and Hamilton for ‘exigencies’ are cumulated. Hits surveyed in the three disputed essays are divided equally between Madison and Hamilton. Frequency (by percent) is multiplied by 1000 for ready comparison. The Word vs. the Need contest for primacy at the supra-constitutional level; JM and AH are scored accordingly.

Go to article

Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre Mar 2013

Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre

Arthur Dyevre

Change in the legal academy tends to be spurred by changes in the legal reality itself rather than by methodological and conceptual innovation emerging from within the discipline. In that sense, legal developments in the real world habitually seem to be ahead of the scholarship. A new phenomenon emerges, which legal scholars then try to apprehend via the established tools and categories of legal thought, soon to discover that these fail to capture the essence of the new reality. The first to experience the changed legal world are usually the scholars who are closest to practice; those who are intimate …

Go to article

The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S Feb 2013

The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S

Joseph Wawa Raphael Futakamba s

This paper examines the impact of media reporting to crime and criminal court proceeding in Tanzania in the light of exercising the legitimate right to freedom of expression by the press, on one hand and the accused rights to presumption of innocence and fair trial on the other hand. The purpose of the discussion revolves around the effect of prejudicial crime reporting to the criminal suspects/accused and available remedies within the legal system. It also, looks upon the court practices and the law in dealing with interference with the course of justice. The paper also analyses the rights of the …

Go to article

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner Feb 2013

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner

Peter J. Aschenbrenner

In this first of three articles, the semantic values of ‘constitution’ and ‘constitutional’ are spread through an eleven way grid, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined.

Go to article

Education, Complaints, And Accountability, Juan Botero, Alejandro Ponce, Andrei Shleifer Feb 2013

Education, Complaints, And Accountability, Juan Botero, Alejandro Ponce, Andrei Shleifer

Alejandro Ponce

Better educated countries have better governments, an empirical regularity that holds in both dictatorships and democracies. A possible reason for this fact is that educated people are more likely to complain about misconduct by government officials and that more frequent complaints encourage better behavior from officials. Newly assembled individual-level survey data from the World Justice Project show that, within countries, better educated people are more likely to report official misconduct. The results are confirmed using other survey data on reporting crime and corruption. Citizen complaints might thus be an operative mechanism that explains the link between education and the quality …

Go to article

Taney’S Zeno And Scalia’S Mobilia, Peter Aschenbrenner Jan 2013

Taney’S Zeno And Scalia’S Mobilia, Peter Aschenbrenner

Peter J. Aschenbrenner

Zeno’s most famous paradox (of motion) is related to us through Aristotle, who presents Zeno’s ‘problems’ in his Physics, 239b11-14. Aristotle “asserts (on Zeno’s behalf) the non-existence of motion on the ground that any object in locomotion must arrive at the half-way stage before it arrives at the goal.”

Go to article

The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter Aschenbrenner Jan 2013

The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter 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 by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.

Go to article

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler Jan 2013

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler

Aaron J Shuler

Rogers Smith writes that American political culture can best be understood as a blend of liberal, republican and illiberal ascriptive ideologies. The U.S. Supreme Court’s constitutional jurisprudence has largely reflected this thesis. While the Court moved away from permitting laws that explicitly construct hierarchies in the 20th century and made tepid references to egalitarian principles during the Warren Court, liberalism has prevailed in the majority of the Court’s decisions. Gains in civil rights through the Fourteenth Amendment’s Equal Protection and Substantive Due Process clauses were achieved primarily through liberal notions of de-regulation, a market economy and individual freedom. Conversely, State …

Go to article

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz Jan 2013

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.

Go to article

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz Jan 2013

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Go to article

Examining The Links Between Therapeutic Jurisprudence And Mental Health Court Completion, Allison D. Redlich, Woojae Han Jan 2013

Examining The Links Between Therapeutic Jurisprudence And Mental Health Court Completion, Allison D. Redlich, Woojae Han

Allison D Redlich

Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher …

Go to article

Next Last