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

Social and Behavioral Sciences Commons

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

Selected Works

Law

Discipline
Institution
Publication Year
Publication
File Type

Articles 61 - 90 of 132

Full-Text Articles in Social and Behavioral Sciences

Constitutive Law And Environmental Policy, Holly Doremus Nov 2012

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.


The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell May 2012

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.


An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr Apr 2012

An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr

David C Taylor Jr

This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.


Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin Apr 2012

Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin

Mohammad Amin

Using newly available data on whether a country gives additional legal rights or not for flexible or part-time work schedule to employees with minor children, we analyze the impact of such provision in the law on female employment. For a representative sample of manufacturing firms in 57 developing countries, we find that the stated provision in the law has a large positive effect on the employment of females. Specifically, on the conservative side, the provision in the law increases the proportion of females in the workforce by 7.7 percentage points, a large effect given that on average females constitute 32 …


Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt Feb 2012

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.


La Demostración Jurídica Y Económica: Similitudes Interdisciplinarias Entre Hipótesis, Causas, Efectos Y Normas. La Norma Económica., José Manuel Martin Coronado Feb 2012

La Demostración Jurídica Y Económica: Similitudes Interdisciplinarias Entre Hipótesis, Causas, Efectos Y Normas. La Norma Económica., José Manuel Martin Coronado

José-Manuel Martin Coronado

Hace unos días leí una entrada de blog de un joven abogado de una conocida universidad y (aparentemente) funcionario público, la cual trataba de una aparente metodología para la resolución de casos. Dado el especial interés del autor por el tema metodológico, bastante ausente entre los profesionales del derecho, creí conveniente felicitar su iniciativa. No obstante, también había un elemento de crítica, el relativo a la metodología bastante antigua y poco práctica en términos modernos (actualización, adaptabilidad, amparo informático, etc.). 1.2. Al parecer la crítica fue interpretada como algo más fuerte que la felicitación, aun cuando reitero, el citado autor …


Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke Jan 2012

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …


United States Supreme Court Cases From Georgia, Mary Wilson Dec 2011

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.


Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo Dec 2011

Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo

Nick J. Sciullo

No abstract provided.


Towards A Narratology Of Court Reporting, Jane Johnston, Rhonda Breit Sep 2011

Towards A Narratology Of Court Reporting, Jane Johnston, Rhonda Breit

Jane Johnston

This article uses the theory of narratology to connect legal discourses and processes with the way the media translate the law into news. It identifies how narratology has been used by other disciplines, notably the law, to provide a framework for better understanding, and uses a range of theories and examples to propose a narratology for court reporting. The research identifies six key elements of narrative and expands these into a three-level schema of story level, discourse analysis and the interpretative context of stories. Finally, the article foreshadows a methodology through which to develop the narratology that follows court proceedings …


The Place Of Law: The Role And Limits Of Law In Society, Larry Barnett Aug 2011

The Place Of Law: The Role And Limits Of Law In Society, Larry Barnett

Larry D Barnett

The Place of Law addresses two questions that are critical to understanding law. Why is law an evidently universal, enduring institution in modern societies? And why do the concepts and doctrines of law differ between jurisdictions (states or nations) at one point in time and vary within a jurisdiction over time? In this stimulating volume, Barnett suggests answers to these questions, and in doing so, he challenges popular assumptions regarding law in structurally complex, technologically advanced, democratic societies. In particular, Barnett questions the assumption that social behaviors central to such societies are effectively controlled by law and the assumption that …


The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins Jul 2011

The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins

David Randall Jenkins

The Kaplan and Norton 1992 Balanced Scorecard was intentionally structured to aid an Informal Capital Market Cartel in search of the next John Maynard Keynes.


Developing Faculty Scholarship Using Collaborative Web Environments, Jessica De Perio Wittman, Raizel Liebler May 2011

Developing Faculty Scholarship Using Collaborative Web Environments, Jessica De Perio Wittman, Raizel Liebler

Jessica de Perio Wittman

No abstract provided.


Revisiting A Proposed Definition Of Professional Service Firms, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty Dec 2010

Revisiting A Proposed Definition Of Professional Service Firms, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty

Subrata Chakrabarty

We have attempted to explain why professional service firms (PSFs) even in some of the most canonical examples (e.g., law firms) fail to follow the traditional definition. Growth in the size and geographic diversification of law firms has transformed their organizational structures and in some cases even allowed outside investment. We believe an attempt at defining organizational structure and ownership for any industry, including PSFs, is exposed to creating too many exceptions that may fall outside the confines of the definition. In particular, the problem of defining an industry is that while a given definition may in one context neatly …


Del Derecho Y La Economía Al Derecho Económico. Working Paper N. 1, Mario A. Pinzón Mapc Oct 2010

Del Derecho Y La Economía Al Derecho Económico. Working Paper N. 1, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

La relación entre derecho y economía se ha condensado en un nuevo espacio de reflexión que puede ser denominado como un nuevo paradigma en las ciencias sociales. A diferencia de la concepción clásica que plantea el antagonismo entre estas dos, éste artículo examina su complementariedad. The link between law and economics has been condensed in a new space of reflection that can be called a new paradigm within the social sciences, which intends to build the bridges of understanding between these two sciences. In contrast to the classical conception that states the antagonism in between them, due to their constitutive …


Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris Aug 2010

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …


Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire May 2010

Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire

Chad J McGuire

This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …


If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman May 2010

If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman

Peter Z. Grossman

Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …


Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak May 2010

Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak

Atin Basu Choudhary

We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.


Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr. Mar 2010

Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Wednesday night, I gave a talk at Brown University, as part of the Human Trafficking Awareness Week. After the talk, I stopped for a coffee on Atwells Avenue on the way home. One Spa, an illegal spa-brothel, is next door to the coffee shop and just above the office of the Federal Hill Gazette. From the time I got out of my car and returned with my coffee, I saw three men go into the brothel—one white man in his late thirties dressed in carpenter pants, a flannel shirt, and baseball cap, one older balding white man with glasses, …


Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre Jan 2010

Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre

Arthur Dyevre

The field of judicial politics had long been neglected by political scientists outside the United States. But the past twenty years have witnessed considerable change. There is now a large body of scholarship on European courts and judges. And judicial politics is on its way to become a sub-field of comparative politics in its own right. Examining the models used in the literature, this article suggests that the geographical convergence is also bringing about theoretical convergence. One manifestation of theoretical convergence is that models of judicial decision-making once deemed inapplicable in Europe are now used in studies of European courts …


The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland Dec 2009

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

Erik Ugland

No abstract provided.


Accounting For Absence: The Colombian Paramilitaries In U.S. Policy Debates, Winifred Tate Dec 2009

Accounting For Absence: The Colombian Paramilitaries In U.S. Policy Debates, Winifred Tate

Winifred L. Tate

Big, attention-grabbing numbers are frequently used in policy debates and media reporting: "At least 200,000-250,000 people died in the war in Bosnia." "There are three million child soldiers in Africa." "More than 650,000 civilians have been killed as a result of the U.S. occupation of Iraq." "Between 600,000 and 800,000 women are trafficked across borders every year." "Money laundering represents as much as 10 percent of global GDP." "Internet child porn is a $20 billion-a-year industry."

Peter Andreas and Kelly M. Greenhill see only one problem: these numbers are probably false. Their continued use and abuse reflect a much larger …


Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen Dec 2009

Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen

Harlan J Onsrud

Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and …


Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud Dec 2009

Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud

Harlan J Onsrud

Spatial data is critically important for the wellbeing of society. Yet appropriate spatial data is often very difficult to find and, when found, the legal ability to use it is often in question. Lack of an operational web-wide capability allowing users to legally access and use the geospatial data of others without seeking permission on a case-by-case basis remains as an entrenched major impediment to general spatial enablement for all sectors in society. This chapter presents a legal inter-operability vision for offering, acquiring, and using spatial data and proposes an operational environment for gaining much greater legal clarity and efficiency …


The Changing Legal Landscape For Middle Eastern Archaeology In The Colonial Era, 1800-1930, Morag Kersel Dec 2009

The Changing Legal Landscape For Middle Eastern Archaeology In The Colonial Era, 1800-1930, Morag Kersel

Morag M. Kersel

No abstract provided.


Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha Dec 2009

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a bill that will give Rhode Island the prostitution law it needs to combat the growing sex industry and sex trafficking. 

Many letters and reports have been written describing the problems that decriminalized prostitution has created for Rhode Island. We know that women from foreign countries are here in the spa-brothels. We know that U.S teens are trafficked here from other states. We know there is much evidence of sex trafficking in the Asian spa-brothels and strip clubs. 


Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a trafficking bill that will do two things: 
1) Criminalize forced labor as a form of human trafficking. 
2) Make it easier to prosecute sex trafficking of minors by removing the requirement to prove force, fraud, or coercion.