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Articles 1 - 25 of 25
Full-Text Articles in Social and Behavioral Sciences
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia
The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Dan Danielsen
The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …
Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen
Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen
Dan Danielsen
This article explores the growing significance and theoretical implications of ‘local rules’—such as Chinese labour standards, US financial regulation and Swiss bank secrecy rules—in the global economy. In particular, the argument developed is that Ronald Coase’s framework for analysing the effects of legal rules on economic welfare can help to reveal important weaknesses in current international legal approaches to analysing the transnational impact of local rules as well as contribute to a ‘global economic policy perspective’ better attuned to problems of power in the global regulatory order. Such a perspective will help us to see the effects of power differences …
Apathy In The Face Of Cruelty, Ahmed Souaiaia
Building A Global Knowledge Network Among Geospatial Specialists, Harlan Onsrud
Building A Global Knowledge Network Among Geospatial Specialists, Harlan Onsrud
Harlan J Onsrud
This presentation discusses the idea for, progress made and challenges confronted by the Global Spatial Data Infrastructure Association in pursuing development of the Geographic Information Knowledge Network found at http://www.giknet.org Objectives and goals of the network are explained as well as suggestions for supporting the network.
Resolving Large, Complex Financial Firms, Thomas Fitzpatrick, Mark Greenlee, James Thomson
Resolving Large, Complex Financial Firms, Thomas Fitzpatrick, Mark Greenlee, James Thomson
James B Thomson
How to best manage the failure of systemically important fi nancial fi rms was the theme of a recent conference at which the latest research on the issue was presented. Here we summarize that research, the discussions that it sparked, and the areas where considerable work remains.
How Well Does Bankruptcy Work When Large Financial Firms Fail? Some Lessons From Lehman Brothers, Thomas Fitzpatrick, James Thomson
How Well Does Bankruptcy Work When Large Financial Firms Fail? Some Lessons From Lehman Brothers, Thomas Fitzpatrick, James Thomson
James B Thomson
There is disagreement about whether large and complex financial institutions should be allowed to use U.S. bankruptcy law to reorganize when they get into financial difficulty. We look at the Lehman example for lessons about whether bankruptcy law might be a better alternative to bailouts or to resolution under the Dodd-Frank Act’s orderly liquidation authority. We find that there is no clear evidence that bankruptcy law is insufficient to handle the resolution of large complex financial firms.
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Michael Pinard
This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.
Juvenile Correctional Reform, Frederic Reamer
Juvenile Correctional Reform, Frederic Reamer
Frederic G Reamer
The field of juvenile justice was established in the late nineteenth century and for roughly the next half century refined its ways of dealing with juvenile offenders. Over time, the need for specialized juvenile police, courts, and correctional facilities became well accepted.
Moral Philosophy Meets Social Work, Frederic Reamer
Moral Philosophy Meets Social Work, Frederic Reamer
Frederic G Reamer
In recent years, social workers have become increasingly aware of ethical dilemmas in practice. Beginning especially in the mid-to-late 1970s, social work's literature has included a steady stream of reflections on difficult moral choices involving conflicts among professional duties and obligations (Loewnberg and Dolgoff 1996; Congress 1998; Reamer 1998, 1999). To what extent do clients have the right to engage in self-harming behavior without interference? How should social workers allocate scarce or limited resources such as emergency services, shelter beds, funds, and even their own time? Is it ethically permissible for social workers to violate laws and regulations they believe …
Ethical And Legal Standards In Social Work, Frederic Reamer
Ethical And Legal Standards In Social Work, Frederic Reamer
Frederic G Reamer
Social workers frequently encounter circumstances involving ethical and legal issues. In many instances, relevant ethical and legal standards complement each other; however, in some circumstances, ethical and legal standards conflict. This article provides a comprehensive overview of the relationship between U.S. ethical and legal standards in social work. The author presents a conceptually based typology of 4 types of relationships between legal and ethical standards. Case examples are included. The author concludes with a decision-making framework designed to enhance social workers' constructive management of difficult decisions involving ethical and legal standards.
Deciding For Others, Frederic Reamer
Deciding For Others, Frederic Reamer
Frederic G Reamer
One of the sadder features of life is that some individuals lose or never develop the ability to make decisions for themselves. Limitations due to age, mental disability, or physical disability sometimes interfere with individuals' capacity to make important judgments about their medical treatment, financial arrangements, and other personal matters.
Ethical Issues In Counseling / Book Review, Frederic Reamer
Ethical Issues In Counseling / Book Review, Frederic Reamer
Frederic G Reamer
Since the late 1970s, the professions have paid increased attention to ethical issues. Professions as diverse as law, medicine, engineering, business, journalism, nursing, law enforcement, psychology, and social work have taken a keen interest in the ethical dimensions of practice.
Social Workers' Management Of Error, Frederic Reamer
Social Workers' Management Of Error, Frederic Reamer
Frederic G Reamer
Social workers, like all professionals, sometimes make mistakes. For example, they may disclose clients' confidential information inappropriately, fail to respond to clients' reasonable requests in a timely manner, or engage in improper dual relationships with clients. Ideally, social workers who err would follow a protocol that honors the profession's commitment to responsible and honest communication and minimizes the practical risks faced by social workers who might be named in lawsuits, licensing board complaints, and ethics complaints. This article explores the nature and forms of social work error and possible constructive responses to it that (a) protect clients, (b) minimize risk …
The Free Will-Determinism Debate And Social Work, Frederic Reamer
The Free Will-Determinism Debate And Social Work, Frederic Reamer
Frederic G Reamer
Social workers'judgments about the determinants of clients' problems have a substantial effect on practitioners' willingness to provide assistance. There is considerable variation in professionals' beliefs about the extent to which clients are themselves responsible for their difficulties, as opposed to factors that are beyond their control. This article examines the philosophical controversy known as the free will-determinism debate, and assesses its implications for the profession of social work.
The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal
The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal
Greg McNeal
In this responsive essay I argue that the Constitution envisions circumstances when the president may order U.S. citizens to be killed. It may be akin to the facts in al-Awlaki, where one is actively making war against the United States, or it may be in lesser circumstances that threaten the instruments of federal power. A settled example where a killing was authorized to protect the federal government was in Cunningham v. Neagle, 135 U.S. 1 (1890), there the Court addressed the killing of a U.S. citizen by Neagle, a federal marshal who was dispatched to protect Justice Field from an …
Copyright Backlash, Ben Depoorter
Copyright Backlash, Ben Depoorter
Ben Depoorter
In the past decade the entertainment industry has waged a legally very successful campaign against online copyright infringements. In a series of high profile decisions, content industries persuaded courts to accept expansive interpretations of contributory enforcement, to create novel doctrines of copyright infringement, and to apply broad interpretations of statutory damage provisions. Many private file-sharers, technology companies, university administrators and Internet service providers have felt the reach of this litigation effort. Yet a significant empirical anomaly exists: even as the copyright industry has ramped up the level of deterrence, online copyright infringements continue unabated. Why has the legal battle against …
Review Of Paul Farmer's 'Partner To The Poor', Anthony Chase
Review Of Paul Farmer's 'Partner To The Poor', Anthony Chase
Anthony Chase
No abstract provided.
Media Pranks: A Three-Act Essay, Kembrew Mcleod
Media Pranks: A Three-Act Essay, Kembrew Mcleod
Kembrew McLeod
Times are tough for public universities. Over the past quarter-century, state legislatures have slashed college budgets, and these cuts have only accelerated during a seemingly endless economic meltdown. We have been told to do more with less, make sacrifices, and be self-sufficient—and I couldn’t agree more. Unlike those socialists lining up to mainline milk from the nanny state, many of us favor fiscally sound solutions. We should teach our children well by following dogmatically free-market principles that reject government meddling. My modest proposal is multipronged and forward-thinking. It would hand over all aspects of academic life to private companies, creating …
The U.S. Practice Of Collateral Damage Estimation And Mitigation, Greg Mcneal
The U.S. Practice Of Collateral Damage Estimation And Mitigation, Greg Mcneal
Greg McNeal
This paper explains how the U.S. military estimates and mitigates the impact of conventional weapons on collateral persons and objects in most military operations involving air-to-surface weapons and artillery. It is the descriptive part of a larger work discussing the normative implications of U.S. targeting practices. In recent years, an entire body of academic literature and policy commentary has been based on an incomplete understanding of how the U.S. conducts military operations. The literature is incomplete because U.S. practices are shrouded in secrecy and largely inaccessible. As a result commentators have lacked a descriptive foundation to analyze and critique U.S. …
“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas
“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas
Andrés Fabián Henao-Castro
No abstract provided.
The Status Quo Bias And Counterterrorism Detention, Greg Mcneal
The Status Quo Bias And Counterterrorism Detention, Greg Mcneal
Greg McNeal
Counterterrorism detention policy in the United States is a mess. Commentators on both sides of the political spectrum have decried the U.S. approach. Those on the left have criticized the arbitrary and unfair nature of U.S. policy; they argue that detention policy has unfairly trampled on the rights of individuals, producing results that are inconsistent and, perhaps, counterproductive, especially in the eyes of U.S. allies and the Muslim world. Others have approached this question from a security perspective, decrying the granting of privileges to those who fail to follow the rules of civilized nations yet then demand the protection of …
Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia
Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia
Dr Gabriel Garcia
No abstract provided.
Technology & Torts: A Theory Of Memory Costs, Nondurable Precautions And Interference Effects, Ben Depoorter
Technology & Torts: A Theory Of Memory Costs, Nondurable Precautions And Interference Effects, Ben Depoorter
Ben Depoorter
This Article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of …