Social and Behavioral Sciences Commons^™

Escaping Entity-Centrism In Financial Services Regulation, Anita Krug

All Faculty Scholarship

In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …

Velocity Distribution In Non-Uniform/Unsteady Flows And The Validity Of Log Law, Ishraq Alfadhli, Shu-Qing Yang, Muttucumaru Sivakumar

Ishraq Hamdan Alfadhli

This study investigates the longitudinal velocity profiles in steady and unsteady non-uniform open channel flows by analyzing the data available in the literature. It was found that for steady/unsteady flow in the Log law is applicable only in the inner region where y/hg

El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang

Research Collection School Of Economics

This paper shows how property rights security improves over time as a result of increasing legal quality and political democratization in a political economy context, where political and legal institutions adapt to evolving factor composition of land and capital in the dynamic economic development process. There seems to exist a clear sequence of di⁄erent forms of protection in that it is unlikely to have a strong rule of law with an exploitative political regime, or to have a democratic political system when the distribution of potential coercive power is too skewed. The routine form of protection thus shifts from coercion …

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Book Review: Cultural Resource Laws And Practices: An Introductory Guide By Thomas F. King, James Symonds

Northeast Historical Archaeology

Book Review: Cultural Resource Laws and Practices: An Introductory Guide by Thomas F. King, 1998, Altamira Press, Walnut Creek, CA. 303 pages, 9 figures, $46.00 (cloth); $22.95 (paper).

Contract Law And Modern Economic Theory, Daniel A. Farber

Daniel A Farber

No abstract provided.

How Television Fast Food Marketing Aimed At Children Compares With Adult Advertisements, Amy M. Bernhardt, Cara Wilking, Anna M. Adachi-Mejia, Elaina Bergamini, Jill Marijnissen, James D. Sargent

Dartmouth Scholarship

Objectives: Quick service restaurant (QSR) television advertisements for children’s meals were compared with adult advertisements from the same companies to assess whether self-regulatory pledges for food advertisements to children had been implemented. Methods: All nationally televised advertisements for the top 25 US QSR restaurants from July 1, 2009 to June 30, 2010 were obtained and viewed to identify those advertising meals for children and these advertisements were compared with adult advertisements from the same companies. Content coding included visual and audio assessment of branding, toy premiums, movie tie-ins, and depictions of food. For image size comparisons, the diagonal length of …

Case Law Research Using Westlaw Campus, Robert Berry

Librarian Publications

Presentation by Robert Berry on the basics of Case law research.

A Global Blasphemy Law: Protecting Believers At The Expense Of Free Speech, Kiley Widelitz

Pepperdine Policy Review

Since 1999, the Organization for Islamic Cooperation has annually introduced a resolution to the United Nations Human Rights Council to create an international blasphemy law. The United Nations is currently debating whether to accept a resolution that criminalizes blasphemy. In order to assess whether the United Nations should enact such a law, this article examines the laws of the United States in comparison to three countries that enforce their blasphemy laws: Indonesia, Pakistan, and Saudi Arabia. This article concludes that the United Nations should follow the way of the United States and forgo any restriction on blasphemy, as blasphemy laws …

Does Brazil Have The Right To Truth?, Glafira A. Marcon

The Macalester Review

Brazil established its first truth commission in November 2011, which seeks to uncover the human rights abuses committed during the military dictatorship from 1964 to 1985. Although no international treaty or convention explicitly recognizes the right to truth, regional precedent suggests that it is a human rights norm. The Truth Commission faces the following barriers: the Amnesty Law protects perpetrators of human rights violations on either side of the conflict, tensions exist between the Brazilian Supreme Court and the regional human rights court, and politically strong military officials still present in the Brazilian government actively block the Truth Commission’s access …

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

The Georgia State University Copyright Case (Cambridge University Press V. Becker) And What It Means For Librarians, Judson L. Strain

Faculty Scholarship – Library Science

The Federal District Court in the Georgia State University copyright case (Cambridge University Press v Becker) constructed a carefully defined, but expansive Fair Use “safe harbor”. Academic libraries and not-for-profit educational institutions can use this “safe harbor” to make copies of copyright-protected materials and distribute them to students in a carefully controlled manner. The decision requires safeguards to help ensure that copies do not get disseminated beyond their intended audience. It also gives more flexibility in cases where publishers do not make smaller excerpts readily available.

The Georgia State decision has been reported as allowing up to 10%,or …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

A Longitudinal Study Of Lgbtq-Rights Interest Groups, Pacs, And State Rights, Jennifer Ann Dobbins

Chancellor’s Honors Program Projects

No abstract provided.

The State Of Nature X: Why Leave? A Preface On The State Of Nature Theory, Zachary S. Stirparo

Senior Honors Theses

Great minds have addressed the issue of forming a polity, dating back to Plato. Yet, most of these great minds, such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau, argue for the need to escape the state of nature into a civil form of government. However, after taking the three essential elements of man that these philosophers all comment on, self-preservation, reason, and will, a new state of nature model is created that is stronger. It is stronger because of its definition of man and the analytic inferences that flow from that definition. Therefore, the state of nature theory does …

Factors Responsible For Work-Life Conflict: A Study Comparing The Teaching And Legal Professions, Waleska A. Vernon

Electronic Thesis and Dissertation Repository

The purpose of this study was to examine the nature of work-life conflict (WLC) as experienced by mid-career members of the teaching and legal professions with a view to both determining the extent to which the universal WLC factors identified by previous research apply to specific professions and identifying any WLC factors unique to the teaching and legal fields. Participants included four business law firm lawyers and four teachers working in large urban Ontario settings, all with at least five years of experience working in their field. A phenomenological design using semi-structured interviews was employed. Eight themes were identified for …

Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.

Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin

Bryan H. Druzin

Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz

Marjorie M. Shultz

United States. Some emphasis on the Baby M case.

The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins

University of Akron Press Publications

This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and …

Administrative Discretion: Can We Move Beyond The Cider House Rules, Jennifer Alexander, Samuel Richmond

Jennifer K Alexander Dr

The authors use a novel, The Cider House Rules, as a framework to examine legitimate administrative action when execution of a law will result in harm. Four political values that have informed administrative dissent are reviewed: publicity, utility, democracy, and liberty. The authors identify questions to serve as guidelines for front-line administrators when deciding to exercise discretion in opposition to a political mandate. The questions offer checkpoints for considering whether administrative action in opposition to mandate is ethical. The authors extend the logic of the new public service by arguing that administrators are responsible for protecting liberty because liberty is …

The Deciding Factor: The U.S. Supreme Court, Minnesota State University, Mankato

Democracy/Government

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Equine Husbandry and Welfare Collection

The 20th century has witnessed a bewildering array of ethical revolutions, from civil rights to environmentalism to feminism. Often ignored is the rise of massive societal concern across the world regarding animal treatment. Regulation of animal research exists in virtually all Western countries, and reform of “factory farming” is regnant in Europe and rapidly emerging in the United States. In 2012, a series of articles in The New York Times focused welfare attention squarely on the horse industry. Opponents of concern for animals often dismiss the phenomenon as rooted in emotion and extremist lack of appreciation of how unrestricted animal …

Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.

CRHR: Archaeology

Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …

Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.