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Full-Text Articles in Social and Behavioral Sciences

Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes Mar 2017

Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes

CUREJ - College Undergraduate Research Electronic Journal

Despite graduating from top law schools and getting hired as associates at competitive law firms at the same rate as men, women are still disproportionately underrepresented in partnership positions in Big Law. This paper investigates supply-side and demand-side explanations for this phenomenon. Through interview-based research and a survey of 437 attorneys, I identify the major contributing factors to this persistent gender gap. My research shows that while women are taking on more at home with regard to childcare and housework than their male colleagues, they are not significantly more interested than men in leaving large law firms despite extant scholarship ...


Epicurean Justice And Law, Jan Maximilian Robitzsch Jan 2016

Epicurean Justice And Law, Jan Maximilian Robitzsch

Publicly Accessible Penn Dissertations

This dissertation concerns a cluster of related issues surrounding the Epicurean conception of justice. First, I show that the Epicureans defend a sophisticated kind of social contract theory and maintain a kind of legal positivism, views that are widely held today and so are of continuing interest for contemporary readers. In doing so, I argue that thinking about justice and law forms an integral part of Epicurean philosophy (pace the standard view). Second, I take up some neglected issues regarding justice and so provide detailed accounts of the metaphysics of moral properties in Epicureanism as well as of Epicurean moral ...


State-Making, Evidence-Making, And Claim-Making: The Cases Of Torture And Enforced Disappearances In Post-1980 Turkey, Basak Can Jan 2014

State-Making, Evidence-Making, And Claim-Making: The Cases Of Torture And Enforced Disappearances In Post-1980 Turkey, Basak Can

Publicly Accessible Penn Dissertations

This thesis concerns the struggles over the production of the truth of state violence in Turkey in the three decades following the infamous 1980 military coup. Specifically, it focuses on cases of torture and enforced disappearance, two forms of violence which the state not only used extensively but also around which it built a specific regime of denial in collaboration and complicity with the official forensic institution. The latter is the ultimate authority that produces medical documents and reports that can be used in making legal claims.

Based on two years of fieldwork in human rights NGOs, forensic medicine institutions ...


Law And The Entitlement To Coerce, Robert C. Hughes Jan 2013

Law And The Entitlement To Coerce, Robert C. Hughes

Legal Studies and Business Ethics Papers

A long tradition in political and legal philosophy regards coercion as central to the very idea of law. Some historical figures, such as Hobbes, Locke, and Austin took the position that there can be no law without a coercive sanction. Many philosophers of law, most famously H.L.A. Hart, have called this view into question.1 Nonetheless, many political and legal philosophers continue to believe that law is necessarily connected with coercion in a subtler way. Whenever government is entitled to make a law that imposes a direct requirement on conduct, it is entitled to use coercion to enforce ...


An Alternative View On Law, Institutions, Finance And Growth, Franklin Allen, Jun "Qj" Qian, Chenying Zhang Jun 2011

An Alternative View On Law, Institutions, Finance And Growth, Franklin Allen, Jun "Qj" Qian, Chenying Zhang

Finance Papers

The spectacular economic growth in East Asian economies such as China, South Korea and Taiwan over the past five decades contradicts most of the existing research on law, institutions, finance, and growth. We propose an alternative view based on the comparison of legal institutions and alternative institutions outside the legal system. Despite well-known advantages, the legal system, as a monopolist institution, can be captured by interest groups and become a barrier to innovations. Moreover, in a dynamic environment alternative institutions can adapt and change much more quickly than when the law is used, as this process does not require persuading ...


Contesting Community: Legalized Reconciliation Efforts In The Aftermath Of Genocide In Rwanda, Kristin C. Doughty May 2011

Contesting Community: Legalized Reconciliation Efforts In The Aftermath Of Genocide In Rwanda, Kristin C. Doughty

Publicly Accessible Penn Dissertations

In recent decades, national governments and international authorities have increasingly emphasized the role of legal institutions in restoring order after political violence. This study explores how, following the 1994 genocide, the Rwandan government created new decentralized grassroots legal forums that aimed to produce community out of a divided population. The legal institutions were designed to enable Rwandans to resolve disputes with the help of locally-elected mediators, based on principles that prioritized collective cohesion over individual rights, combined with state-backed punishment. Drawing on eighteen months of ethnographic research in Rwanda between 2004 and 2008 with genocide courts (inkiko gacaca), mediation committees ...


Suspect Until Proven Guilty, A Problematization Of State Dossier Systems Via Two Case Studies: The United States And China, Kenneth N. Farrall Dec 2009

Suspect Until Proven Guilty, A Problematization Of State Dossier Systems Via Two Case Studies: The United States And China, Kenneth N. Farrall

Publicly Accessible Penn Dissertations

This dissertation problematizes the "state dossier system" (SDS): the production and accumulation of personal information on citizen subjects exceeding the reasonable bounds of risk management. SDS - comprising interconnecting subsystems of records and identification - damage individual autonomy and self-determination, impacting not only human rights, but also the viability of the social system. The research, a hybrid of case-study and cross-national comparison, was guided in part by a theoretical model of four primary SDS driving forces: technology, political economy, law and public sentiment. Data sources included government documents, academic texts, investigative journalism, NGO reports and industry white papers. The primary analytical instrument ...