Social and Behavioral Sciences | Open Access Articles

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

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Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

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Journals Of The Century In Law, Christopher Byrne

Christopher Byrne

In this essay I will humbly add my contribution to this vast literature by ranking the twentieth century's best law journals. I am not treading upon virgin ground. Over the past twenty years a number of scholars have ranked law reviews and journals using a variety of methodologies.

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Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Bernard Rollin, PhD

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 …

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Endowment Effects In Chimpanzees, Owen D. Jones, Sarah F. Brosnan, Susan P. Lambeth, Mary Catherine Mareno, Amanda S. Richardson, Steven Schapiro

Owen Jones

Human behavior is not always consistent with standard rational choice predictions. The much-investigated variety of apparent deviations from rational choice predictions provides a promising arena for the merger of economics and biology. Although little is known about the extent to which other species also exhibit these seemingly irrational patterns of human decision-making and choice behavior, similarities across species would suggest a common evolutionary root to the phenomena.

The present study investigated whether chimpanzees exhibit an endowment effect, a seemingly paradoxical behavior in which humans tend to value a good they have just come to possess more than they would have …

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Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

Owen Jones

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context.

The paradoxical psychological bias known as the endowment effect puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at …

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Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith

Owen Jones

Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. The better those understandings, the better law can achieve social goals with legal tools. In this Article, Professors Jones and Goldsmith argue that many long held understandings about where behavior comes from are rapidly obsolescing as a consequence of developments in the various fields constituting behavioral biology. By helping to refine law's understandings of behavior's causes, they argue, behavioral biology can help to improve law's …

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Sexual Misconduct, Religion, And Culture, Alev Dudek

Alev Dudek

Civilization is the reflection of a constant effort to increase reproduction while suppressing pleasure. This is because civilized societies are artificial systems that are governed by rulers. They are militarized and operate through production, consumption, exchange of goods and services, and the transfer of wealth. Unlike reproduction, pleasure and release of tension do little to benefit the rulers (unless they are involved in the process themselves, of course). The higher the number of births, the better for the rulers because of the increased opportunities for economic and military exchange. Naturally, there are exceptions to this rule. However, such exceptions, …

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Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6

To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps …

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Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

No abstract provided.

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Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

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New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin.

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Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear of …

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Aom Aat Law Symposium Proposal (Final).Pdf, Adam J. Sulkowski, Constance E. Bagley, J.S. Nelson, Waddock S., Paul Shrivastava, Inara K. Scott

J.S. Nelson

Law undergirds the capitalist system and is “at the interface” of business and social relationships

but remains largely walled off from many traditional approaches to management education,

scholarship, and practice. Although a simple definition of law is “enforceable rules between

individuals and individuals and society,” law is also amedium bywhich relationships among and

obligations between management and internal and external stakeholders are negotiated and

formalized. Law can also drive (or impede) innovation by creating new rights (or burdening new

business models with undue regulation) and promote (or prevent) social change by setting the

boundaries for acceptable corporate actions. Legal rules …

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Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines the divergent ways player conduct is governed within the NFL and Major League Baseball and presents a hypothesis that might explain the differences. It surveys the governing principles of participant comportment within both sports and asserts that while Major League Baseball is, and has been since the game’s inception, ruled largely in this regard by informal custom, the NFL eschews such an approach in favor of the formation, application and regular updating of formal, positive law. As for why these different governing approaches exist, this article posits that the answer can be found within the origins of …

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University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

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Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect women working in bars …

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Econometrics In The Courtroom, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.

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Enforcing Wildlife Protection In China, Peter J. Li

Peter J. Li, PhD

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …

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Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman

Chad M. Bauman

As a secular democracy, India’s constitution enshrines relatively robust safeguards for religious equality and freedom. Article 25 provides all citizens the right to “freely profess, practice, and propagate” religion, and avoids assigning to Hinduism any special role or explicit privilege (in contradistinction to the situation with Buddhism in Sri Lanka, for example). Moreover, the Indian government itself has not generally engaged in any systematic or flagrant way in the direct persecution or oppression of its religious minorities.

However, India’s religious minorities do face certain challenges. Among them are several legal and judicial issues. Judicial rulings in independent India have weakened …

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Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

Men who buy sex----and they are only a small minority of men---are responsible for the crime of sex trafficking continuing to thrive. When sex traffickers find victims and coerce them into prostitution, they are serving the sex buyers, who pay them well for finding and marketing the victims to them.

For years, analysts have studied sex trafficking to determine the best way to combat this modern form of slavery. Today, a consensus is forming among advocates and law enforcement that to combat sex trafficking, the focus has to be on men who buy sex as much as on the pimps …

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Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

This paper follows the law and norms literature in arguing that policymakers can use social norms to support or even replace regulation. Key to the approach offered here is the idea — borrowed from the folk theorem in game theory — that cooperative order can arise in circumstances where parties repeatedly interact. This paper proposes that repeated interaction between the same agents, specifically the intensity of it, may be used as a yardstick with which to gauge the potential to scale back regulation and use social norms as a substitute for law. Where there are very high levels of repeated …

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Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

This presentation is a case study of challenges to investigating sex trafficking created by decriminalized prostitution. For 29 years (from 1980 to 2009) in Rhode Island, engaging in prostitution was not prohibited or regulated. Commercial sex acts were private and beyond the interest of the state. Lack of laws or regulations of prostitution created a permissive legal, economic, and cultural environment for the growth of prostitution businesses. Local police were impeded from investigating alleged sex trafficking because police had no legal cause to investigate private activities. In interviews, law enforcement officials repeatedly stated that they did not have the laws …

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Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.

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Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson

Calvin Morrill

Everyday legal discount refers to the spoken language with which ordinary people constitute the law-in-action. In this article, we experimentally investigate the social distribution of rule-and relationally-oriented discourse found by ethnographers in small-claims court settings. We examine the influences of sex differences and social ties between disputants on these types of discourse in a mock small-claims setting using a quantitative content coding scheme. We do not find empirical support for sex differences in the production of simulated everyday legal discourse. The relational context of a dispute (operationalized as the strength of social ties between disputants) has significant effects on the …

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Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …

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Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.

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Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

This article aims to contribute to the history of biopolitical thought through a more accurate understanding of the Swedish professor of political science Rudolf Kjellén considered both in his historical and political context. Kjellén coined the term ‘biopolitics’, as early as 1905, in a two-volume work entitled The Great Powers, and developed it even further in a 1916 book entitled The State as a Form of Life. Because of the organicist analogies deployed by Kjellén, his biopolitical theory of the state is considered as a form of ‘vitalism’ or ‘organicism’ in the contemporary literature on biopolitics. Based on a close …

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Taking Distribution Seriously, Robert C. Hockett

Robert C. Hockett

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …

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The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang

This article takes a closer look at the Ghanaian legal system at a glance, examining the supposedly independence of the three arms of government.The article focus on the political influence which is sometimes exerted on the judiciary which I termed "the Shadows" affecting the rule of law in the country.

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Full-Text Articles in Social and Behavioral Sciences

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Fredric I. Lederer

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Fredric I. Lederer

Journals Of The Century In Law, Christopher Byrne

Christopher Byrne

Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Bernard Rollin, PhD

Endowment Effects In Chimpanzees, Owen D. Jones, Sarah F. Brosnan, Susan P. Lambeth, Mary Catherine Mareno, Amanda S. Richardson, Steven Schapiro

Owen Jones

Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

Owen Jones

Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith

Owen Jones

Sexual Misconduct, Religion, And Culture, Alev Dudek

Alev Dudek

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

Aom Aat Law Symposium Proposal (Final).Pdf, Adam J. Sulkowski, Constance E. Bagley, J.S. Nelson, Waddock S., Paul Shrivastava, Inara K. Scott

J.S. Nelson

Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson

Mitchell J Nathanson

University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr.

Donna M. Hughes

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Econometrics In The Courtroom, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Enforcing Wildlife Protection In China, Peter J. Li

Peter J. Li, PhD

Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman

Chad M. Bauman

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson

Calvin Morrill

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

Taking Distribution Seriously, Robert C. Hockett

Robert C. Hockett

The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang