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

Social and Behavioral Sciences Commons

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

Series

2017

Law

Discipline
Institution
Publication

Articles 1 - 17 of 17

Full-Text Articles in Social and Behavioral Sciences

Cedarville Named Best Christian College In Ohio For Law-Related Degrees, Mark D. Weinstein Jul 2017

Cedarville Named Best Christian College In Ohio For Law-Related Degrees, Mark D. Weinstein

News Releases

Christian Universities Online (CUO) recently named Cedarville University as the top Christian school for law-related degrees in Ohio. CUO assembled its 2017 Top Ten Christian Law School list based on reviews of majors such as political science, government and criminal justice.


Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi Apr 2017

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …


The Retirement Strategy Of Supreme Court Justices: An Economic Approach, Kayla M. Joyce Apr 2017

The Retirement Strategy Of Supreme Court Justices: An Economic Approach, Kayla M. Joyce

Honors Scholar Theses

Previous research has identified strategic behavior in the nomination, confirmation, and retirement processes of the Supreme Court, each independently. This paper analyzes the interaction between the justices, the president, and the Senate in these processes. I constructed a game theoretic model to consider the nomination and approval process of Supreme Court justices and the change in dynamics that might result from an impending election. I hypothesize that sitting justices take into account the party affiliations of the president and the Senate when they are deciding whether it is the optimal time to retire to achieve their own strategic objectives. The …


A General Approach For Predicting The Behavior Of The Supreme Court Of The United States, Daniel Katz Apr 2017

A General Approach For Predicting The Behavior Of The Supreme Court Of The United States, Daniel Katz

All Faculty Scholarship

Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve …


Spring 2017 Newsletter: The Docket, Emma Wood Apr 2017

Spring 2017 Newsletter: The Docket, Emma Wood

Law Library Newsletter

Copy of the Spring 2017 issue of the UMass Law Library Newsletter, The Docket.


Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas Apr 2017

Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas

Independent Study Project (ISP) Collection

Currently, homosexuality is criminalized in Morocco under the Moroccan Penal Code Article 489 and most Moroccans view homosexuality as haram, prohibited by god. The LGBT+ community faces religious, legal and social pressures and persecution. Still, LGBT+ people continue to fight for their right to exist in Morocco and activists are working to protect members of the community from legal prosecution as well as form safe spaces for their community. At the same time, many members of the LGBT+ community in Morocco must emigrate to live their lives both honestly and safely. This paper aims to explore the current circumstances …


The Intersectional Oppressions Of South Asian Immigrant Women And Vulnerability In Relation To Domestic Violence: A Case Study, Ferzana Chaze, Archana Medhekar Mar 2017

The Intersectional Oppressions Of South Asian Immigrant Women And Vulnerability In Relation To Domestic Violence: A Case Study, Ferzana Chaze, Archana Medhekar

Faculty Publications and Scholarship

South Asians ― persons who can trace their origins to India, Pakistan, Sri Lanka, Nepal and Bangladesh ― are the largest racialized minority group in Canada. The National Household Survey (2011) revealed that 1,567,400 persons reported being of South Asian origin, making up 4% of the total Canadian population (Statistics Canada, 2013). The substantial presence and rapid growth of this minority group make it an important population to understand in terms of their settlement and integration-related experiences.

The authors of this paper bring together their unique disciplinary lenses- social work and law - to discuss various factors that contribute to …


The Co-Evolution Of Marriage And Parental Rights Of Gays And Lesbians, Lisa M. Chauveron, Ariel Alvarez, Bradley Van Eeden-Moorefield Mar 2017

The Co-Evolution Of Marriage And Parental Rights Of Gays And Lesbians, Lisa M. Chauveron, Ariel Alvarez, Bradley Van Eeden-Moorefield

Department of Political Science and Law Faculty Scholarship and Creative Works

Historically, federal and state legislation placed different conditions on same- and opposite-sex couples' ability to marry, adopt, or exercise their parental rights. Given the historical intertwining of marriage and parenting, legal issues remain hinged on differing conceptions of marriage and what constitutes a legal family in the United States, especially for same-sex partners compared to their different-sexed couple counterparts. This article provides a historical review of decisions that serve as the foundation for queer parenting rights in the United States. A key focus is on the impact of the U.S. Supreme Court Obergefell v. Hodges (2015) marriage decision on queer …


Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li Mar 2017

Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li

Research Collection Yong Pung How School Of Law

Based on a large-scale survey of Chinese entrepreneurs, our study explores how institutions (formal and informal) influence investment decisions made by private companies. The study finds that, consistent with the conventional view, a more effective legal system is correlated with short-term general investment, and that the judiciary is important mainly because of its restraint over the state. The role of effective courts, however, diminishes when private entrepreneurs consider making long-term investment. We find a positive association between the entrepreneurs’ political backgrounds and their R&D investment, suggesting that Chinese courts, in spite of decades of reform, are not yet viewed as …


Using Course-Subject Co-Occurrence (Csco) To Reveal The Structure Of An Academic Discipline: A Framework To Evaluate Different Inputs Of A Domain Map, Peter A. Hook Jan 2017

Using Course-Subject Co-Occurrence (Csco) To Reveal The Structure Of An Academic Discipline: A Framework To Evaluate Different Inputs Of A Domain Map, Peter A. Hook

School of Information Sciences Faculty Research Publications

This article proposes, exemplifies, and validates the use of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. A CSCO event is when two course-subjects are taught in the same academic year by the same teacher. 61,856 CSCO events were extracted from the 2010-11 directory of the American Association of Law Schools and used to visualize the structure of law school education in the United States. Different normalization, ordination (layout), and clustering algorithms were compared and the best performing algorithm of each type was used to generate the final map. Validation studies demonstrate that CSCO produces topic …


Fall 2017 Newsletter: The Docket, Emma M. Wood Jan 2017

Fall 2017 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2017 issue of the UMass Law Library Newsletter, The Docket.


No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt Jan 2017

No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt

All Faculty Scholarship

No abstract provided.


A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais Jan 2017

A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais

Articles in Law Reviews & Other Academic Journals

Yemen's 2013-2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related to …


Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison Jan 2017

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …


Interpersonal Apologies: A Psychological Perspective Of Why They Might Work In Law?, Alfred Allan, James Strickland, Maria M. Allan Jan 2017

Interpersonal Apologies: A Psychological Perspective Of Why They Might Work In Law?, Alfred Allan, James Strickland, Maria M. Allan

Research outputs 2014 to 2021

Apologies have become an accepted feature in many fields of law and there is evidence that they make a constructive contribution to the resolution of disputes. The reason for this might be that they address the intangible needs of parties after adverse events that law otherwise find difficult to address. Legal reformers introduced apologies into law primarily on the basis of deductive reasoning without being able to refer to a comprehensive psychological theory that explains the apology process; in part because apology was only identified as a psychological construct worthy of empirical research during the last quarter of the 20th …


The Acceptance Of Apologies In The Corrective Process: Implications For Research And Practice, James Strickland, Alfred Allan, Maria M. Allan Jan 2017

The Acceptance Of Apologies In The Corrective Process: Implications For Research And Practice, James Strickland, Alfred Allan, Maria M. Allan

Research outputs 2014 to 2021

Apology scholars and researchers in psychology, law, and justice commonly conceptualise the corrective process that follows wrongful behaviour as an apology-followed-by-forgiveness sequence. In this paper, however, we suggest on the basis of our analysis of the research literature that a more suitable conceptualisation of the corrective process is one that includes the acceptance of an apology as an additional discrete step that is distinct from forgiveness. We begin with a brief discussion of the psychological view of apologies as a process of negotiation between offending and offended parties, and how psychologists conceive peoples’ responses to apologies. We also review the …


Law And Economics Of Information, Tim Wu Jan 2017

Law And Economics Of Information, Tim Wu

Faculty Scholarship

Information is of enormous importance to contemporary economics, science, and technology. Since the 1970s, economists and legal scholars, relying on a simplified “public good” model of information, have constructed an impressively extensive body of scholarship devoted to the relationship between law and information. The public good model tends to justify law, such as the intellectual property laws or various forms of securities regulation that seek to incentivize the production of information or its broader dissemination. This chapter reviews the public choice model and identifies two recent trends. First, scholars have extended the public good model of information to an ever-increasing …