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Full-Text Articles in Social and Behavioral Sciences

Paper Dragon Thieves, J.S. Nelson Dec 2016

Paper Dragon Thieves, J.S. Nelson

J.S. Nelson

Developments in the law are making the corporate form more opaque and allowing the agents who animate it to escape individual accountability for their actions. The law now provides protection for agents to engage in widespread frauds that inflict massive harm on the public. This article challenges the academic orthodoxy that shareholder and director liability are enough to control agent behavior by developing a paper dragon analogy to focus on the importance of agents in corporate animation. Lack of agent accountability encourages the patterns of fraud that caused the financial crisis in which forty-five percent of the world’s wealth disappeared, …


What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison Mar 2016

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.


Myth: Hard Work And Credentials Determine Employment Opportunities Feb 2016

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

"The way one's career develops has little to do with what one went to school for, envisioned, or carefully planned. Careers generally result from coincidence. Regardless of these facts, job seekers are told to endure extensive career testing and planning, or they are asked to create artificial networks that seldom lead to more than frustration. They are given tests that allegedly determine which careers a particular individual would excel in and be a good fit for based on his or her skills and interests, as if the individual would not excel in other careers as much, or as if being …


How To Negotiate Better Than Donald Trump, Peter R. Reilly Feb 2016

How To Negotiate Better Than Donald Trump, Peter R. Reilly

Peter R. Reilly

No abstract provided.


Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore Jan 2016

Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore

Nancy J. Whitmore

The Cable Television Consumer Protection and Competition Act of 1992, which requires cable operators to carry the signals of local broadcast television stations, was hailed by supporters as a measure that would preserve the economic viability of the local independent broadcaster by unlocking the anticompetitive grip that the local cable company places on access to its system. In upholding the Act in 1997, the United States Supreme Court seemed to ignore the degree to which the cable and broadcast industries have become vertically integrated. In the end, local independent stations became economically viable not because they were guaranteed carriage on …


Racially Polarized Voting, Kevin Quinn, Christopher Elmendorf, Marisa Abrajano Dec 2015

Racially Polarized Voting, Kevin Quinn, Christopher Elmendorf, Marisa Abrajano

Kevin M. Quinn

No abstract provided.


The Corporate Shell Game, J.S. Nelson Dec 2015

The Corporate Shell Game, J.S. Nelson

J.S. Nelson

This Article identifies for the first time the hardening of the corporate shell. It provides compelling evidence that shell-hardening pushes and disguises the way that corporations and agents commit large-scale wrongdoing, and it traces the contributing legal streams that protect the agents who engage in this behavior. The only way to combat widespread frauds that inflict damage on the public is for the corporate shell to be-come less opaque.


Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey Dec 2015

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.


Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper Sep 2015

Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper

Danielle Ireland-Piper

If Australia is to secure its financial and security interests in the Asian century, then it must build effective working relationship in the Asia-Pacific. To do so, Australia must build familial and not merely transactional relationship in Asia. In turn, this requires Australia to present as a responsible international citizen. This image of responsible citizenry, however, is difficult to achieve when the Australian Constitution permits race-based laws and Australia’s approach to regional asylum seeker management may violate international law. This is because the hypocrisy inherent in non-compliance impedes Australia's capacity to build meaningful relationship in the Asian region. in that …


Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana Aug 2015

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.


Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana Aug 2015

Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.


Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven Jul 2015

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …


The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace May 2015

The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace

Jane Johnston

Brief Abstract: This article reports the findings of a research project that examined the impact and issues arising from the use of social media in court.


The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace Apr 2015

The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

Brief Abstract: This article reports the findings of a research project that examined the impact and issues arising from the use of social media in court.


Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi Feb 2015

Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi

Hengameh Saberi

No abstract provided.


The Migration Of The Book Across Territorial Borders: Copyright Implications For Authors In The Digital Economy, Francina Cantatore Feb 2015

The Migration Of The Book Across Territorial Borders: Copyright Implications For Authors In The Digital Economy, Francina Cantatore

Francina Cantatore

Although the USA, Canada, UK, and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel, importation of books, advances in digital technology, and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. This article deals with the copyright issues faced by authors once their books enter …


The Intracorporate Conspiracy Trap (Formerly "Perverse Incentives And Corporate Conspiracy: Why We Are Asking The Wrong Basic Question In Assessing Liability For Corporations And Their Agents"), J.S. Nelson Jan 2015

The Intracorporate Conspiracy Trap (Formerly "Perverse Incentives And Corporate Conspiracy: Why We Are Asking The Wrong Basic Question In Assessing Liability For Corporations And Their Agents"), J.S. Nelson

J.S. Nelson

In the recent case of Commonwealth v. Lynn, Pennsylvania prosecuted a Roman Catholic priest who had not abused children himself but who, to protect the archdiocese that employed him, covered up information about priests who had abused children and reassigned the priests to new parishes. This case was the first of its kind to bring criminal charges against an official of the Church solely for how he supervised the careers of priests to protect his employer.
Because the intracorporate conspiracy doctrine prohibits it, the state—as is now typical of both state and federal jurisdictions around the country—was unable to prosecute …


Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum Jan 2015

Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum

Sandra A. Yocum

This book brings together experts primarily from the fields of criminology, criminal justice, law, and social work, but also cultural anthropology and psychology, to analyze clergy sexual abuse from the perspective of their individual disciplines. Contributors examine the latest data and analyses on the scope and impact of clergy sexual abuse, frame the problem in terms of sociological and criminological theories of crime and deviance, explore the social and legal issues the problem raises for the personal and communal life of faith communities, and discuss possibilities for reform, reconciliation, and healing. Covering sexual abuse of both minors and adults, chapters …


Ballistic Missiles In China's Anti-Taiwan Blockade Strategy, Christopher Rahman Jan 2015

Ballistic Missiles In China's Anti-Taiwan Blockade Strategy, Christopher Rahman

Chris Rahman

No abstract provided.


Australia And Maritime Security In The Northeast Indian Ocean, Chris Rahman Jan 2015

Australia And Maritime Security In The Northeast Indian Ocean, Chris Rahman

Chris Rahman

Maritime security is vital to Australia and its neighbours in the ASEANAustralia- India "triangle" - or the area of the northeast Indian Ocean. It has become a leading sphere for the construction of deeper forms of security cooperation. Nonetheless, both the "region" in question and the topic of maritime security itself are underdeveloped ideas in the context of rapidly developing relationships. Therefore, the approach pursued in this chapter focuses on four themes. First, the maritime nature of the area's geography is established. Second, different perspectives on maritime security are introduced, with an emphasis on non-traditional factors, including responses to the …


Evolving U.S. Framework For Global Maritime Security From 9/11 To The 1000-Ship Navy , Christopher Rahman Jan 2015

Evolving U.S. Framework For Global Maritime Security From 9/11 To The 1000-Ship Navy , Christopher Rahman

Chris Rahman

No abstract provided.


The Implications Of Climate Change For Maritime Security Forces, Chris Rahman Jan 2015

The Implications Of Climate Change For Maritime Security Forces, Chris Rahman

Chris Rahman

Although a consensus on the reality of climate change now prevails, the details of the problem remain unsettled. In particular, the precise local and regional impacts of the global phenomenon of climate change are unknown. The security-related consequences of such impacts are thus inherently speculative. Nevertheless, it has become an increasingly important aspect of the national security policy deliberations of many States, including both civil and defence force capability planning, to consider the potential security implications of climate change. Despite the prevailing uncertainty over specific impacts and their security implications, longrange planning can be undertaken based on the most likely …


A Strategic Perspective On Security And Naval Issues In The South China Sea, Chris Rahman, Ben Tsamenyi Jan 2015

A Strategic Perspective On Security And Naval Issues In The South China Sea, Chris Rahman, Ben Tsamenyi

Chris Rahman

No abstract provided.


Singapore: Forward Operating Site, Christopher Rahman Jan 2015

Singapore: Forward Operating Site, Christopher Rahman

Chris Rahman

Historically, Singapore functioned as a major naval hub supporting the British Empire's position in the Far East. The island was viewed by Admiral Sir John "Jackie" Fisher as one of the world's five key locations enabling Britain's global naval superiority. The fortification of the British strategic position on Singapore reached both its zenith and its nadir with the development in the interwar years of the "Singapore Strategy," which was designed to buttress the empire's Far Eastern defenses agajnst possible Japanese aggression. That controversial plan failed miserably in the breach. However, the island continued to host a significant British military presence …


The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman Jan 2015

The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman

Chris Rahman

Australia has hosted U.S. bases or troops for most of rhe last seventy years, beginning in the early part of the Second World War in the Pacific. Ironically, the arrival of American troops in Australia was at least partly the result of the failure of the "Singapore strategy," whereby the Royal Navy's Singapore naval base was to support any British fleet sent to the Far East in the event of a war with Japan. Seventy years on, Australia still hosts U.S. defense facilities and U.S. forces continue to visit-primarily now for exercises. Map 4 depicts major facilities utilized at present.


Maritime Domain Awareness In Australia And New Zealand, Chris Rahman Jan 2015

Maritime Domain Awareness In Australia And New Zealand, Chris Rahman

Chris Rahman

No abstract provided.


The International Politics Of Combating Piracy In Southeast Asia, Christopher Rahman Jan 2015

The International Politics Of Combating Piracy In Southeast Asia, Christopher Rahman

Chris Rahman

No abstract provided.


Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket Jan 2015

Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket

Andrew M Schocket

The American Revolution is all around us. It is pictured as big as billboards and as small as postage stamps, evoked in political campaigns and car advertising campaigns, relived in museums and revised in computer games. As the nation’s founding moment, the American Revolution serves as a source of powerful founding myths, and remains the most accessible and most contested event in U.S. history: more than any other, it stands as a proxy for how Americans perceive the nation’s aspirations. Americans’ increased fascination with the Revolution over the past two decades represents more than interest in the past. It’s also …


The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn Dec 2014

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.


Yes To Infill, No To Nuisance, Michael Lewyn Dec 2014

Yes To Infill, No To Nuisance, Michael Lewyn

Michael E Lewyn

Criticizes attempts to use nuisance law to prevent infill development.